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

Vol. 153 WASHINGTON, WEDNESDAY, MAY 2, 2007 No. 71 House of Representatives The House met at 10 a.m. ANNOUNCEMENT BY THE SPEAKER PARTIAL-BIRTH ABORTION BAN The Chaplain, the Reverend Daniel P. The SPEAKER. The Chair will enter- (Mr. MCHENRY asked and was given Coughlin, offered the following prayer: tain up to ten 1-minutes on each side. permission to address the House for 1 Lord God, who speaks wisdom to the minute.) brokenhearted and heals the wounds of Mr. MCHENRY. Mr. Speaker, I rise to f nations, when any of us comes to an join with millions across our Nation impasse and becomes paralyzed with who applaud the Supreme Court’s re- fear or confusion, by prophetic call You REPUBLICANS UNDER cent decision to uphold the ban on par- bid us to turn to You with renewed INVESTIGATION tial-birth abortion. Partial-birth abor- faith. (Mr. EMANUEL asked and was given tion is unrivaled in its gruesome bru- Lord, speak Your word and help lead- permission to address the House for 1 tality. There is no question it has ers of government and judges in courts minute.) caused the vicious destruction of via- to look beyond self-interest as if this ble, living, breathing babies whose only Mr. EMANUEL. Madam Speaker, the were the path for another’s good. And, crime is inconvenience. list of Republicans under investigation while in dialogue, seeking the full cir- The court’s decision is a victory in or resigning in this administration in cumference of facts, let a new light the quest to restore the dignity of disgrace keeps growing. This morning, arise in their midst which draws all to human life. No longer will the most The Washington Post reported Julie A. a deeper common ground which will vulnerable and innocent among us be MacDonald, the deputy assistant Sec- grant a surface of security in truth and subject to such cruelty as partial-birth retary of the Interior Department, re- pave a course to justice and peace, abortion. signed, just as she was being inves- which always reflects Your image and It is also a victory for the Constitu- tigated for changing scientific reports will last now and forever. Amen. tion, Mr. Speaker, which liberal activ- to protect the interests of oil and gas ist judges have demeaned for far too f companies and real estate developers, long. It is encouraging to see the THE JOURNAL all the people she was supposed to be court’s decision move towards our actually holding accountable. I wish Founders’ vision, a vision rooted in the The SPEAKER. The Chair has exam- this was an isolated case in the Bush commitment to not only protect, but ined the Journal of the last day’s pro- administration. to also respect human life. ceedings and announces to the House While this is a step forward, it is only her approval thereof. This morning, The New York Times reported the Department of Commerce one victory in the longer struggle to Pursuant to clause 1, rule I, the Jour- assure that the abolition of abortion nal stands approved. Inspector General faces three separate investigations in conduct of his office. altogether is achieved. Let us never f Scott Block, the special counsel of the forget our responsibility to hold the PLEDGE OF ALLEGIANCE Justice Department, is being inves- basic sanctity granted to us by our Maker. The SPEAKER. Will the gentleman tigated for the management of his of- fice. Lucita Doan at the GSA is being f from Ohio (Mr. KUCINICH) come forward and lead the House in the Pledge of Al- investigated for politicization of the H.R. 1234 office. Monica Goodling of the Justice legiance. (Mr. KUCINICH asked and was given Mr. KUCINICH led the Pledge of Alle- Department resigned. Sue Ellen permission to address the House for 1 giance as follows: Wooldridge at Justice stepped down. minute and to revise and extend his re- Matteo Fontana at the Department of I pledge allegiance to the Flag of the marks.) United States of America, and to the Repub- Education has stepped aside. David Mr. KUCINICH. The President’s veto lic for which it stands, one nation under God, Safavian at OMB has been prosecuted. will stand, but now what will we stand indivisible, with liberty and justice for all. Stephen Giles at the Interior Depart- for? f ment had to step down. All have had We say we want the war to end, but their conduct scrutinized while in their will we give the President the money MESSAGE FROM THE PRESIDENT professional office. to continue the war? We say we want A message in writing from the Presi- It is time, in fact, and justifies why our troops home, but will we continue dent of the United States was commu- this Congress is doing its job of over- to support the occupation? We know nicated to the House by Mr. G. Tim- sight and accountability, and bringing that U.S. contractors have been steal- othy Saunders, one of his secretaries. people’s professional conduct in order. ing from U.S. taxpayers and the Iraqi

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 00:32 May 03, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.000 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4298 CONGRESSIONAL RECORD — HOUSE May 2, 2007 government, but will we leave our she said there was a change in his the quality care that they have earned troops in Iraq to protect them? We voice. He said, ‘‘It’s getting worse over and they deserve. know oil has had a lot to do with this here, it’s not getting better.’’ But in this Administration, generals war, but will we let this President get Since then, nearly 3,000 more soldiers who disagree with the President earn a away with attempting to privatize have died. Army Specialist Ervin new title: Retired. Iraq’s oil wealth in the name of rec- Caradine, Jr., said something 3 years f onciliation? and 3 days ago that is still true: It’s We can still change course. We can getting worse over here, it’s not better. CONYERS-KIRK HATE CRIMES deny the administration funds to con- Let’s not have more deaths. LEGISLATION tinue the war. We can bring our troops f (Mr. KIRK asked and was given per- home. We can stabilize Iraq with an CONTINUE TO TAKE THE FIELD mission to address the House for 1 international security force once we minute and to revise and extend his re- (Mr. SHIMKUS asked and was given end the occupation. That is exactly marks.) permission to address the House for 1 what H.R. 1234 is about, and it is time Mr. KIRK. Mr. Speaker, I rise in sup- minute and to revise and extend his re- that we started to look for alternatives port of the Conyers-Kirk Local Law marks.) which reflect this Nation’s highest as- Mr. SHIMKUS. Mr. Speaker, imagine Enforcement Hate Crimes Prevention pirations. my beloved St. Louis Cardinals were Act. We know that a hate crime can ig- f playing the much-despised Chicago nite group-on-group violence that can completely overwhelm a small subur- RUSSIA Cubs. The Cardinals are up by five, fin- ban police department. (Mr. PITTS asked and was given per- ishing the top of the ninth. Is this a cause for celebration? Is this a cause In 2005, the FBI recorded 7,000 hate mission to address the House for 1 crimes in our country, 168 in the State minute and to revise and extend his re- for victory? No. Unbelievable as it may seem, the of Illinois, and two in my congressional marks.) Cubbies score five runs in the bottom district, one in Wheeling and one in Mr. PITTS. Mr. Speaker, anyone who of the ninth to throw the game into Palatine. was alive at the time will always re- extra innings. There, the score remains For us, we remember a tragic night member the collapse of the Berlin until 1 a.m., five innings later. How- in 1999 when Benjamin Smith, a mem- Wall. ever, at the top of the 15th, the Car- ber of a white supremacist group, With the Soviet bloc crumbling, the dinals fail to field a batter. The entire gunned down the Northwestern Univer- western world rejoiced as freedom team has left the stadium. It seems sity basketball coach in front of two spread to populations once thought that they are more worried about next kids. Why? Because he was black. hopelessly in the grip of Communist day’s 1 p.m. game at home than fin- Smith then continued his hunting oppressors. There was reason to believe ishing the game at hand. spree, shooting Orthodox Jews coming that the Soviets’ brutal form of tyr- Who wins? We know, it’s the team home from synagogue, and spraying anny was over forever. that stays on the field. Arbitrary dead- bullets at an Asian couple driving Unfortunately, recent actions seem lines and a date certain accept defeat home in Northbrook. to be giving new life to old Communist before the conclusion of the contest. It These were hate crimes, crimes de- ghosts. Police squads crushing the is in our national security interest to signed to tear a community apart, Kremlin’s dissenters, advocates of free- continue to take the field and support crimes designed to commit and isolate dom and transparency silenced, cul- a moderate Arab state. Leaving prior and stigmatize others because of the tural figures detained. assures a loss for us and a victory for color of their skin or the religion they Mr. Speaker, the recent backsliding our opponents, which will lead to an- practice. in Russia should be cause for alarm for other extremist Islamic state. I urge my colleagues to back the all freedom loving people. As the Hate Crimes bill. Kremlin’s power expands, freedom for f the Russian people shrinks. This was ‘‘THE PRESIDENT CANNOT VETO f wrong during the Cold War and it is REALITY’’ b 1015 wrong now. (Mr. DOGGETT asked and was given FOUR YEARS AGO IT WAS MISSION It is time that the free nations of the permission to address the House for 1 ACCOMPLISHED BUT NOW IT’S world take a stand against this trend minute.) THE NEVER-ENDING MISSION and start demanding more from Mr. Mr. DOGGETT. Mr. Speaker, the Putin and Russia’s leaders. President can veto our plan for a safe (Mr. SARBANES asked and was given f and orderly phased redeployment from permission to address the House for 1 Iraq, but he cannot veto reality. Our minute and to revise and extend his re- ARMY SPECIALIST ERVIN marks.) CARADINE, JR. troops are coming home, it’s just a question of how much blood and money Mr. SARBANES. Mr. Speaker, yes- (Mr. COHEN asked and was given per- will be spent before they do. terday Congress sent the President an mission to address the House for 1 If the President had listened to the emergency supplemental bill that pro- minute.) generals, we would never have invaded vides our soldiers and our veterans ev- Mr. COHEN. Mr. Speaker, I want to Iraq in the first place. Each day of this erything the President asked for and talk about a gentleman who was Army unnecessary tragedy demonstrates the more. It was a bill supported by the Specialist Ervin Caradine, Jr. wisdom of General Schwarzkopf’s American people, this Congress and Mr. Caradine would have been 36 warning that we would become ‘‘like military experts who believe it is time years old today if he had lived. He was [a] dinosaur in a tar pit.’’ to change the course of the war in Iraq. from my hometown of Memphis, Ten- Had he listened to the generals, the The President’s response? A veto. nessee where we have lost nine vet- President would have deployed enough The President’s action last night erans. He joined the Army to provide a troops to get the job done. But instead, shows not only his stubbornness and better life for his family. He had grad- he rejected the advice of General his inability to work with others, it uated from Fairley High School and Shinseki, and allowed the violence to also demonstrates that he simply re- worked his way up to being a manager spiral, and unguarded weapon heaps be- fuses to change the status quo. at the Steak-Out Restaurant in Mem- came IEDs. The President refuses to give our phis. He had a wife and he had four If the President had listened to the troops, this Congress, or the American children. generals, he would now be redeploying people any timelines as to when this Three years ago to this day, Army our troops instead of sending more, in- war will end or under what conditions Specialist Ervin Caradine, Jr., died. He adequately protected, for longer, re- he would finally bring our troops home. was in a convoy in Baghdad that was peat tours of duty. Mr. Speaker, the President says that hit by an IED 3 years ago. Three days Had the President listened to the things are getting better in Iraq, but before his death, he called his wife and generals, our veterans would be getting that’s simply not true. Last month was

VerDate Aug 31 2005 00:32 May 03, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.003 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4299 one of the deadliest months for Amer- are long over. The President is going to Mr. PRICE of Georgia. Mr. Speaker, ican troops in Iraq. One hundred four have to learn to work with the Demo- yesterday the majority party sent a soldiers were killed. cratic leadership on this Congress so plan for failure in the war on terror to It’s time for a new course. It’s time that we can find a way out of Iraq soon, the President, and the President did for the President to sit down and work and so we can provide our troops with the right thing. He sent it right back. with this Congress so we can finally the resources they need. It’s now time for Congress to pass a produce the change that will end this f funding bill that supports our troops war. and doesn’t undermine their mission. IRAQI SURRENDER GROUP f The political maneuvering done by the (Mr. POE asked and was given per- majority over the last 21⁄2 months has PASS A CLEAN IRAQ EMERGENCY mission to address the House for 1 done nothing, nothing, but delay the SUPPLEMENTAL minute.) delivery of tools and resources to our (Mrs. BACHMANN asked and was Mr. POE. Mr. Speaker, now that the troops in the field, while outlining a given permission to address the House media sideshows and the press con- very specific and dangerous blueprint for 1 minute.) ferences are over for the Iraqi Sur- for defeat. Mrs. BACHMANN. Mr. Speaker, last render Group, and the President vetoed Let’s stop wasting time. Let’s stop night the President did what he said he the day of surrender bill yesterday, and trying to rewrite the Constitution and was going to do for weeks now. He ve- properly so, Congress needs to get on the role of the Commander in Chief. toed the Democrat supplemental that about the business of funding our We have a choice. The majority can was loaded with pork, tied the hands of troops. Failure to fund our troops not continue to play these partisan games, our generals on the ground and pro- only will affect our troops there, but it or we can get down to work. We have vided the enemy with an ill-conceived will affect the Iraqi security forces, the that choice. The brave men and women exit strategy. National Guard, and, of course, our Re- in our Armed Forces do not. Let’s As the President said last night, Mr. serves. honor their sacrifice with leadership Speaker, ‘‘Congress passed a bill that That first bill may have funded some rather than political partisanship. The substitutes the judgment of politicians of the troops, but it had the pork and American people are watching, and so for the judgment of our military com- beans provision, $26 billion for the are our allies and our enemies around manders.’’ I couldn’t agree with him shrimp industry, the peanut farmers the world. We have a choice. more, and that’s why I opposed this and the spinach farmers. Eliminate f supplemental, and that’s exactly why that and eliminate the day of surrender he vetoed it. provision in that bill. Have a clean bill PRESIDENT BUSH’S FAILURES IN We must not, as a nation, be invested to support our troops. No more com- IRAQ AND THE NEED TO CHANGE in defeat. Again, I repeat, we must not, plaining. Send them the money they THE DIRECTION OF THE WAR as a nation, be invested in defeat. Uni- need. (Mr. SIRES asked and was given per- lateral surrender may be the Demo- This reminds me of the same problem mission to address the House for 1 crats’ plan, but it will not lead to a that General Stonewall Jackson had minute.) safer America. with the Confederate Congress when Mr. SIRES. Mr. Speaker, 4 years yes- Now that the veto has taken place, it they were complaining about the war. terday, President Bush sent a strong is simply unacceptable for the Demo- He said, ‘‘Send more troops, not more message to the American people, to our crat leaders to delay any further the questions.’’ troops, and to the world, that our mis- funding that our American troops de- And that’s just the way it is. sion in Iraq was accomplished. Can you serve. Let’s pass a clean Iraq supple- f imagine that? mental. Four years later it is clear that this A REMEDY FOR CHAOS AND f was just one of the many miscalcula- CONFUSION tions on Bush’s administration’s part. IRAQ TIMETABLE AND FUNDING (Ms. SHEA-PORTER asked and was Over the past 4 years, we have lost (Mr. BRALEY of Iowa asked and was given permission to address the House more than 3,000 additional troops, tens given permission to address the House for 1 minute.) of thousands more have been severely for 1 minute and to revise and extend Ms. SHEA-PORTER. Mr. Speaker, injured, and hundreds of billions of his remarks.) yesterday President Bush called the U.S. taxpayers’ dollars have been Mr. BRALEY of Iowa. Mr. Speaker, timetable a ‘‘prescription for chaos and spent. Now a dangerous civil war is even after losing 3,200 American lives confusion.’’ That timetable was a re- being waged with no end in sight. and spending billions of taxpayer dol- sponsible road map out of Iraq. The American military did its job. lars since declaring ‘‘Mission Accom- The President has caused chaos and Military experts agree that there is no plished’’ 4 years ago, the Bush adminis- confusion for 4 long years, replacing military solution to the war in Iraq. tration continues to demand an open- one general after another when the That is why this Congress approved an ended commitment of American troops general disagrees with the policy. emergency supplemental bill last week in Iraq. Yesterday President Bush re- What has the President given us? that sent a strong message to the Iraqi fused to change the course when he ve- He’s given us the largest deficit in his- Government that this is the time to toed a bill that was supported by Con- tory. He’s cut back from domestic pro- get their political house in order. gress, retired military generals and the grams to pay for this war. He’s weak- American troops are not going to be American people. ened our military. Eighty-eight per- there indefinitely. This Democratic Congress put forth a cent of the National Guard is not pre- Mr. Speaker, President Bush was plan for a responsible end to the war pared to go to war. The Army is wrong 4 years ago. He’s wrong now as consistent with our national security strained to a breaking point. he vetoes this bill. It is time for the needs. He’s neglected our own people, and he President to work with this Congress Even Secretary of Defense Gates has destroyed Iraq’s economy, their so- to come up with a plan to end this war. himself reiterated last month that con- cial fabric. People are leaving Iraq, f gressional debate was helpful. He deliv- fleeing from the chaos the President ered the message to the Iraqi Govern- has caused for 4 long years. AMERICA’S DEPENDENCE ON ment that the clock is ticking on U.S. We had a responsible road map. The FOREIGN OIL operations there. President Bush’s veto President should have signed it. (Mr. WALBERG asked and was given yesterday lets the Iraqi Government f permission to address the House for 1 off the hook and shows the President minute.) plans to keep our troops there indefi- WE HAVE A CHOICE Mr. WALBERG. Mr. Speaker, one of nitely. (Mr. PRICE of Georgia asked and was the greatest national liabilities is our Mr. Speaker, the days of rubber- given permission to address the House overwhelming dependence on Middle stamping the President’s war proposals for 1 minute.) Eastern oil, and the men and women of

VerDate Aug 31 2005 00:32 May 03, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.005 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4300 CONGRESSIONAL RECORD — HOUSE May 2, 2007 south central Michigan continue to the new Congress, elected by the ma- years ago that major combat oper- stress to me the importance of diversi- jority of the American people, so that ations in Iraq were over. fying our Nation’s energy portfolio and we can bring about a change to this If major operations were over 4 years advancing cleaner-burning, home- war and truly secure America. ago, what have our troops been fight- grown, renewable energy sources. f ing the last 4 years? If indeed our mis- This week I will introduce legisla- sion was accomplished 4 years ago, as tion, the Energy Independence through STOP THE POLITICAL GAMES the banner behind the President on Bio-Diesel Act, that will continue the (Ms. FALLIN asked and was given that aircraft carrier proclaimed, what process of moving our country towards permission to address the House for 1 are American troops still doing in Iraq? energy independence. minute and to revise and extend her re- If the President truly wants to bring Creating a national standard for bio- marks.) our mission to a just conclusion, he diesel will encourage the technology Ms. FALLIN. Mr. Speaker, this is a should work with Congress instead of and economies of scale necessary to difficult time for our Nation. We are simply vetoing our funding bill as he make America the leader in renewable all war weary. We are all heartbroken did. It’s now up to the President to de- sources of energy. over any loss of life, and we are all con- cide if he will support accountability The Energy Independence through cerned about the cost of the war. for Iraqis, benchmarks for success, and Bio-Diesel Act would create a 2 percent All Americans, Republicans, Demo- new direction in Iraq, for we cannot standard for bio-diesel and amend the crats, and, yes, the President, want stay this course. Clean Air Act to require that within 5 this war over as soon as possible. It’s f years all diesel fuel sold contains a 2 time to stop the political games and b 1030 percent industry average. put the needs of our men and our Fifty-five billion gallons of diesel women defending our Nation first. H.R. 2027, THE MILITARY PAY were consumed in 2005, and a 2 percent The people of America want a solu- IMPROVEMENT ACT standard would create a 1.1-billion-gal- tion to bring the troops home, but not (Mr. BILIRAKIS asked and was given lon market. This standard will help at the expense of jeopardizing the safe- permission to address the House for 1 spur the necessary investments in fa- ty and the future of our Nation. As a minute.) cilities and technological advance- Nation, we must make a strong com- Mr. BILIRAKIS. Mr. Speaker, under ments needed in this alternative fuel mitment and a declaration to the world current law, military pay rates must industry. that the United States will defend be reasonably comparable to those in I urge my colleagues to commit to di- itself and will not tolerate terrorism, the private sector with similar skills, versifying our energy supply and lessen nor will we coddle terrorists or sur- education, and experience. our dangerous dependence on foreign render or appease them. Unfortunately, due to budgetary con- energy by supporting the Energy Inde- The Commander in Chief vetoed a straints over the years, the military pendence through Bio-Diesel Act. bill which sought to micromanage the pay increase has not always met this f war on terror, tie the hands of our gen- criteria and a ‘‘pay gap’’ was created. PRESIDENT BUSH’S VETO erals, and provide a surrender date to This gap is not only unfair to our brave the enemies. Congress must uphold the men and women in uniform. It also has (Mr. WALZ of Minnesota asked and President’s veto, set aside the cut-and- raised retention and readiness con- was given permission to address the run attitude, the loser attitude, for cerns. House for 1 minute.) good. For this reason, I have introduced Mr. WALZ of Minnesota. Mr. Speak- Where is the pride for the defense our H.R. 2027, the Military Pay Improve- er, 4 years ago today, President Bush Nation, the liberty and the freedoms ment Act, which would give them a landed for a photo opportunity on an that thousands of men and women have minimum 3.5 percent pay raise. aircraft carrier in front of a banner given their lives for in earlier years? Our Nation’s brave men and women that said ‘‘Mission Accomplished’’ and in uniform have fought gallantly to en- declared an end to major combat in f sure the continued safety, security, Iraq. Four years later this President ANNOUNCEMENT BY THE SPEAKER and prosperity of this great Nation. I refuses to even discuss the reality of a PRO TEMPORE believe it is unacceptable that we task military mission that has entered its The SPEAKER pro tempore (Mr. these men and women with extraor- fifth year. dinary responsibilities especially, dur- MCNULTY). The Chair would remind Yesterday the President vetoed only ing wartime, and cannot compensate the second bill that has ever come to guests in the gallery that any expres- sion of favor or disfavor for what is them accordingly. The debt we owe his desk. He called it a ‘‘prescription them for their sacrifices can never be for chaos and confusion.’’ I ask, how is said on the floor is a violation of the rules. repaid. However, my bill will take a that different from what we have now? small step in the right direction to He refuses to even hold the Iraqis ac- f show our appreciation for their valor. countable for making political, eco- THINGS ARE GETTING WORSE IN I urge all my colleagues to cosponsor nomic or diplomatic reforms that he the bill. promised and they promised to make. IRAQ AND PRESIDENT BUSH IS f He’s holding up funding for our troops NOT WILLING TO TAKE THE WAR and for our veterans. IN A NEW DIRECTION COMMUNICATION FROM HON. JOHN But what exactly is the President (Mr. PAYNE asked and was given A. BOEHNER, REPUBLICAN LEAD- waiting for? Now that the President permission to address the House for 1 ER has rejected our legislation, he has the minute.) The SPEAKER pro tempore laid be- responsibility to tell the American Mr. PAYNE. Mr. Speaker, over this fore the House the following commu- people how many more years does he past weekend, five more American sol- nication from the Honorable JOHN A. expect us to stay. Do you think it will diers were killed in Iraq, bringing the BOEHNER, Republican Leader: be 5? Maybe 10? And what exactly do number killed in April to over 100 U.S. HOUSE OF REPRESENTATIVES, the ground conditions look like in soldiers. It was the deadliest month for May 1, 2007. order to have us beginning to with- American soldiers this year. Sadly, the Hon. NANCY PELOSI, draw? Wishful thinking, political talk- total number of Americans killed now Speaker, U.S. Capitol, ing points and rigid ideology do not stands at 3,351, along with thousands of Washington, DC. make good foreign policy. innocent Iraqi men, women and chil- DEAR SPEAKER PELOSI: Pursuant to clause This President was wrong when he dren. 5(a)(4)(A) of rule X of the Rules of the House of Representatives, I designate the following declared an end of combat operations, The realities on the ground that our Members to be available for service on inves- and he has been consistently wrong brave soldiers continue to face day in tigative subcommittees of the Committee on about every single thing in Iraq. It’s and day out stand in stark contrast to Standards of Official Conduct during the time that this President works with President Bush’s pronouncement 4 110th Congress:

VerDate Aug 31 2005 00:32 May 03, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.006 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4301 The Honorable ROB BISHOP Ms. MATSUI. Mr. Speaker, for the vative research that harnesses light to The Honorable MARSHA BLACKBURN purpose of debate only, I yield the cus- facilitate revolutionary advances in The Honorable ANDER CRENSHAW The Honorable LINCOLN DIAZ-BALART tomary 30 minutes to the gentleman biomedical science. The potential ap- The Honorable PHIL ENGLISH from Washington (Mr. HASTINGS), pend- plications for medical research and The Honorable TOM LATHAM ing which I yield myself such time as I treatment are groundbreaking and will The Honorable FRANK LUCAS may consume. During consideration of offer hope to thousands of our constitu- The Honorable SUE MYRICK ents. That is the kind of research NSF The Honorable MIKE SIMPSON this resolution, all time yielded is for The Honorable GREG WALDEN the purpose of debate only. supports. Sincerely, GENERAL LEAVE I would also like to point out that JOHN A. BOEHNER, Ms. MATSUI. Mr. Speaker, I ask NSF resources are distributed on a Republican Leader. unanimous consent that all Members competitive peer review basis; so an f may have 5 legislative days within objective process allows for only the most worthy proposal to receive fund- PROVIDING FOR CONSIDERATION which to revise and extend their re- ing. This is the best kind of investment OF H.R. 1867, NATIONAL SCIENCE marks on H. Res. 349 and insert extra- the Federal Government can make be- FOUNDATION AUTHORIZATION neous materials into the RECORD. cause the return on this investment is ACT OF 2007 The SPEAKER pro tempore. Is there objection to the request of the gentle- tremendous. By stimulating innovative Ms. MATSUI. Mr. Speaker, by direc- woman from California? research, we create educational oppor- tion of the Committee on Rules, I call There was no objection. tunities for promising students and up House Resolution 349 and ask for its Ms. MATSUI. Mr. Speaker, this rule drive cutting-edge research throughout immediate consideration. permits the House to consider the Na- the country. There is no better way to The Clerk read the resolution, as fol- tional Science Foundation Authoriza- fuel the economy and create quality lows: tion Act of 2007. This important legis- jobs. That is why the National Science H. RES. 349 lation will be considered under an open Foundation has broad and bipartisan Resolved, That at any time after the adop- rule with a preprinting requirement, support in Congress. tion of this resolution the Speaker may, pur- This reauthorization provides $21 bil- suant to clause 2(b) of rule XVIII, declare the allowing any Member to submit changes or improvements to the bill. lion at NSF for fiscal years 2008 House resolved into the Committee of the through 2010. In doing so, it keeps us on Whole House on the state of the Union for Chairman GORDON, Chairman BAIRD, consideration of the bill (H.R. 1867) to au- Ranking Member HALL, Ranking Mem- the path to double the National thorize appropriations for fiscal years 2008, ber EHLERS, and the Science and Tech- Science Foundation funding by 2017. 2009, and 2010 for the National Science Foun- nology Committee have put together This was a key recommendation of the dation, and for other purposes. The first an excellent product, and I look for- highly respected National Academy’s reading of the bill shall be dispensed with. report on U.S. competitiveness, ‘‘Ris- All points of order against consideration of ward to an open and constructive de- bate. ing Above the Gathering Storm.’’ And the bill are waived except those arising this boost is urgently needed, since under clause 9 or 10 of rule XXI. General de- I am proud that today’s debate will bate shall be confined to the bill and shall shine a light on the National Science today NSF can only fund about a quar- not exceed one hour equally divided and con- Foundation. The National Science ter of the grant proposals that are sub- trolled by the chairman and ranking minor- Foundation is truly one of the Federal mitted. ity member of the Committee on Science and Government’s greatest accomplish- The bill also creates a pilot program targeted at new investigators so we can Technology. After general debate the bill ments. It features a rich tradition that shall be considered for amendment under the bring more talented young people into has supported talented young inves- five-minute rule. It shall be in order to con- scientific research fields, and it directs tigators, made America the world lead- sider as an original bill for the purpose of NSF to facilitate public-private part- er in basic science and innovation, and amendment under the five-minute rule the nerships, a proven method to amendment in the nature of a substitute rec- laid the groundwork for the Nation’s leveraging Federal investment and bol- ommended by the Committee on Science and economic strength. stering American competitiveness. Technology now printed in the bill. All This reauthorization also represents points of order against the committee Finally, this reauthorization bill is another important step in the imple- on the Agency’s legacy of promoting amendment in the nature of a substitute are mentation of the innovation agenda. waived except those arising under clause 9 or math and science education by includ- 10 of rule XXI. Notwithstanding clause 11 of By boosting scientific research and de- ing the provisions of H.R. 362, the 10,000 rule XVIII, no amendment to the committee velopment, moving the Nation toward Teachers, 10 Million Minds Math and amendment in the nature of a substitute a clean energy economy, promoting Science Scholarship Act, which the shall be in order except those printed in the broadband deployment, and supporting House passed last week. portion of the Congressional Record des- small business entrepreneurs, the inno- ignated for that purpose in clause 8 of rule With that, I thank the Science Com- vation agenda will keep our promise to mittee once again for this excellent XVIII and except pro forma amendments for maintain and strengthen America’s the purpose of debate. Each amendment so legislation. I look forward to a robust printed may be offered only by the Member competitiveness and leadership in the debate on this bill, and I hope we can who caused it to be printed or his designee global economy. work with the Senate to get it on the and shall be considered as read. At the con- At present the National Science President’s desk in short order. clusion of consideration of the bill for Foundation supports research and edu- Mr. Speaker, I reserve the balance of amendment the Committee shall rise and re- cation activities at over 2,000 univer- my time. port the bill to the House with such amend- sities colleges, K–12 schools, and re- Mr. HASTINGS of Washington. Mr. ments as may have been adopted. Any Mem- search institutions throughout the Speaker, I thank the gentlewoman ber may demand a separate vote in the House on any amendment adopted in the country. It is unique among our Fed- from California for yielding me the Committee of the Whole to the bill or to the eral research enterprises in that NSF customary 30 minutes, and I yield my- committee amendment in the nature of a supports scientists and engineers self such time as I may consume. substitute. The previous question shall be across all disciplines. (Mr. HASTINGS of Washington asked considered as ordered on the bill and amend- In a given year, NSF will support and was given permission to revise and ments thereto to final passage without inter- about 200,000 scientists, engineers, extend his remarks.) vening motion except one motion to recom- teachers, and students. That is why Mr. HASTINGS of Washington. Mr. mit with or without instructions. NSF has led to groundbreaking re- Speaker, the National Science Founda- SEC. 2. During consideration in the House of H.R. 1867 pursuant to this resolution, not- search in such varied fields as genetics, tion plays an important role in making withstanding the operation of the previous computer science, information tech- sure that our Nation is a global leader question, the Chair may postpone further nology, nanotechnology, and climate in the fields of science and engineering. consideration of the bill to such time as may change. This Federal agency provides critical be designated by the Speaker. By way of example, in my district, support for researchers, educators, and The SPEAKER pro tempore. The gen- NSF funds the UC Davis Center for students in science, technology, engi- tlewoman from California (Ms. MATSUI) Biophotonics Science & Technology. neering, and mathematics. Specifi- is recognized for 1 hour. The center features dynamic and inno- cally, Federal support allows American

VerDate Aug 31 2005 00:32 May 03, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.002 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4302 CONGRESSIONAL RECORD — HOUSE May 2, 2007 scientists to pursue high-risk, high-re- b 1045 suant to clause 2(b) of rule XVIII, declare the turn fields that increase our Nation’s House resolved into the Committee of the Ms. MATSUI. Mr. Speaker, I am very Whole House on the state of the Union for competitiveness and scientific knowl- much looking forward to the upcoming edge, and it ensures we are able to at- consideration of the bill (H.R. 1868) to au- debate on the National Science Foun- thorize appropriations for the National Insti- tract the brightest minds to our col- dation reauthorizing that this rule al- tute of Standards and Technology for fiscal leges and universities. lows. In discussing the various pro- years 2008, 2009, and 2010, and for other pur- One area in which the National grams and initiatives at NSF, we will poses. The first reading of the bill shall be Science Foundation is supporting U.S. demonstrate how the Federal Govern- dispensed with. All points of order against leadership in the sciences is in the ment can strategically and effectively consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. Laser Interferometer Gravitational drive scientific discovery and innova- Wave Observatory Program, or ‘‘LIGO’’ General debate shall be confined to the bill tion. and shall not exceed one hour equally di- for short. The LIGO program, which The importance of the National operates an observatory in Central vided and controlled by the chairman and Science Foundation and its mission ranking minority member of the Committee Washington in my district, is trying to must not be underestimated. While on Science and Technology. After general de- detect for the first time the existence America has been blessed with abun- bate the bill shall be considered for amend- of gravitational waves, which have dant natural resources and defensible ment under the five-minute rule. It shall be been sought by physicists around the borders, it is the innovative spirit of in order to consider as an original bill for the purpose of amendment under the five-minute world since they were theorized by Al- our citizens that has driven this Na- bert Einstein. Their discovery would rule the amendment in the nature of a sub- tion’s leadership in the global econ- stitute recommended by the Committee on lead to a greater understanding of the omy. makeup of the universe and would help Science and Technology now printed in the Throughout our history, we have bill. The committee amendment in the na- solidify our Nation’s lead in the field of been willing to experiment, to take ture of a substitute shall be considered as physics and astrophysics. risks, to constantly redefine what is read. All points of order against the com- The President’s fiscal year 2008 budg- possible. That tradition has given us a mittee amendment in the nature of a sub- et provides for the expansion of LIGO competitive advantage over other stitute are waived except those arising under and nearly doubles funding available clause 9 or 10 of rule XXI. Notwithstanding countries that has created prosperity for the LIGO Hanford Observatory to clause 11 of rule XVIII, no amendment to the for the Nation, improving the quality allow for more advanced research. I am committee amendment in the nature of a of life for all our constituents. pleased that the National Science substitute shall be in order except those As Members know well, our leader- printed in the report of the Committee on Foundation Authorization Act sup- ship in the global economy is at risk Rules accompanying this resolution. Each ports this proposed expansion. today. While we face rising threats such amendment may be offered only in the The LIGO program is not only an im- order printed in the report, may be offered portant investment in our Nation’s from countries like India and China, we have also failed to make the necessary only by a Member designated in the report, science capability, but it also has been shall be considered as read, shall be debat- an instrument of learning for local investments in education, science, and able for the time specified in the report communities. The LIGO’s Hanford Ob- research and development to maintain equally divided and controlled by the pro- servatory was recently awarded one of the foundation of knowledge that has ponent and an opponent, shall not be subject the first ever Science Education Advo- served us so well in the past. to amendment, and shall not be subject to a demand for division of the question in the cate Awards by the Washington State This NSF reauthorization takes great strides to remedy that neglect. House or in the Committee of the Whole. All Leadership and Assistance for Science points of order against such amendments are Education Reform, a partnership of Most importantly, by committing to double NSF funding over the next 10 waived except those arising under clause 9 or public schools and science institutions. 10 of rule XXI. At the conclusion of consider- LIGO is an excellent example of the years, we demonstrate that ensuring ation of the bill for amendment the Com- National Science Foundation’s dedica- the Nation’s competitiveness is of the mittee shall rise and report the bill to the tion to funding world-class research highest priority. House with such amendments as may have while also helping to grow students’ in- As the House continues to consider been adopted. Any Member may demand a separate vote in the House on any amend- terest in the sciences. items from the innovation agenda, the importance we place on competitive- ment adopted in the Committee of the Whole Mr. Speaker, if America is to con- to the bill or to the committee amendment tinue to lead the world in science and ness will be demonstrated again and again. in the nature of a substitute. The previous the pursuit of knowledge, funding for question shall be considered as ordered on the National Science Foundation is es- With that, I look forward to today’s the bill and amendments thereto to final sential. The underlying legislation au- debate and continuing to move forward passage without intervening motion except thorizes the National Science Founda- on measures like this one that will bol- one motion to recommit with or without in- tion for 3 years at strong levels needed ster innovation and competitiveness. structions. I urge a ‘‘yes’’ vote on the previous SEC. 2. During consideration in the House to maintain and strengthen research of H.R. 1868 pursuant to this resolution, not- through the foundation. question and on the rule. Mr. Speaker, I yield back the balance withstanding the operation of the previous But, Mr. Speaker, I am once again question, the Chair may postpone further disappointed that the Democrat major- of my time, and I move the previous consideration of the bill to such time as may ity has once again missed an oppor- question on the resolution be designated by the Speaker. tunity to provide consideration for the The previous question was ordered. The SPEAKER pro tempore. The gen- The resolution was agreed to. National Science Foundation Act tlewoman from Ohio (Ms. SUTTON) is under an open rule that would allow all A motion to reconsider was laid on recognized for 1 hour. Members of the House to come to the the table. Ms. SUTTON. Mr. Speaker, for the floor and offer an amendment during f purpose of debate only, I yield the cus- consideration of the bill. The National PROVIDING FOR CONSIDERATION tomary 30 minutes to the gentleman Science Foundation was last author- OF H.R. 1868, TECHNOLOGY INNO- from Texas (Mr. SESSIONS). All time ized in 2002, and at that time, the Re- VATION AND MANUFACTURING yielded during consideration of the rule publican majority allowed the bill to STIMULATION ACT OF 2007 is for debate only. be considered under a truly open rule. I yield myself such time as I may I am disappointed that the Democrat Ms. SUTTON. Mr. Speaker, by direc- consume, and I also ask unanimous majority has pledged a new era of open- tion of the Committee on Rules, I call consent that all Members be given 5 ness but so far has not lived up to their up House Resolution 350 and ask for its legislative days in which to revise and commitment. Instead, it frankly has immediate consideration. extend their remarks on House Resolu- tried to change the definition of what The Clerk read the resolution, as fol- tion 350. an open rule is. lows: The SPEAKER pro tempore. Is there Mr. Speaker, I have no further re- H. RES. 350 objection to the request of the gentle- quests for time, and I yield back the Resolved, That at any time after the adop- woman from Ohio? balance of my time. tion of this resolution the Speaker may, pur- There was no objection.

VerDate Aug 31 2005 00:32 May 03, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.014 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4303 Ms. SUTTON. Mr. Speaker, House ued funding of this vital program, we I include for the RECORD a copy of Resolution 350 provides for consider- can bring these vast benefits to even this rule, H. Res. 474, which provided ation of H.R. 1868, the Technology In- more small manufacturers across the for the consideration of H.R. 2733, the novation and Manufacturing Stimula- country. Enterprise Integration Act of 2002, to tion Act of 2007, under a structured Finally, and very importantly, this remind the majority that NIST reau- rule. bill allocates funding for the new Tech- thorization is, in fact, possible to do The rule provides 1 hour of general nology Innovation Program, which under an open process. debate to be controlled by the chair- funds high-risk, high-reward, H. RES. 474 man and the ranking minority member precompetitive technology develop- Resolved, That at any time after the adop- of the Committee on Science and Tech- ment by small and medium-sized com- tion of this resolution the Speaker may, pur- nology. panies. The goal of this program is to suant to clause 2(b) of rule XVIII, declare the The rule makes in order five amend- accelerate the development of tech- House resolved into the Committee of the ments printed in the Rules Committee nologies that will have a broad eco- Whole House on the state of the Union for nomic impact on our technology mar- consideration of the bill (H.R. 2733) to au- report, each with 10 minutes of debate. thorize the National Institute of Standards The rule also provides one motion to ket. and Technology to work with major manu- recommit with or without instructions. Harvard Professor Daniel Bell once facturing industries on an initiative of Mr. Speaker, I speak today in sup- said that ‘‘Technology, like art, is a standards development and implementation port of House Resolution 350 and H.R. soaring exercise of human imagina- for electronic enterprise integration. The 1868, the Technology Innovation and tion.’’ It is through the National Insti- first reading of the bill shall be dispensed Manufacturing Stimulation Act of 2007, tute of Standards and Technology, the with. General debate shall be confined to the a bill which provides essential funding Manufacturing Extension Partnership bill and shall not exceed one hour equally di- to the National Institute of Standards and the Technology Innovation Pro- vided and controlled by the chairman and ranking minority member of the Committee and Technology for the next 3 fiscal gram that technology is given the wind that it needs to soar. Even more impor- on Science. After general debate the bill years. shall be considered for amendment under the The United States Commerce Depart- tantly, through this bill, small and five-minute rule. It shall be in order to con- ment’s National Institute of Standards midsize manufacturers will be given sider as an original bill for the purpose of and Technology strives to promote the support they need to compete with amendment under the five-minute rule the U.S. innovation and industrial com- larger competitors in overseas busi- amendment in the nature of substitute rec- petitiveness through the advancement nesses. ommended by the Committee on Science now of measurement science, standards and This bill will not only provide assist- printed in the bill. Each section of the com- mittee amendment in the nature of a sub- technology. Through numerous indi- ance to American companies, like the 1,773 companies in Ohio that were stitute shall be considered as read. During vidual laboratories, the NIST makes consideration of the bill for amendment, the important scientific contributions to helped by the Manufacturing Extension Partnership, but it will also create a Chairman of the Committee of the Whole numerous scientific fields, from build- may accord priority in recognition on the ing and fire research to computer secu- stronger and more vibrant American basis of whether the Member offering an rity to biotechnology. technology industry. This is a good amendment has caused it to be printed in the This bill will enhance the important bill, and it deserves our support. portion of the Congressional Record des- Mr. Speaker, I reserve the balance of mission, putting the NIST on a path to ignated for that purpose in clause 8 of rule my time. XVIII. Amendments so printed shall be con- double its budget by the year 2017. Mr. SESSIONS. Mr. Speaker, I rise sidered as read. At the conclusion of consid- With this additional funding, the NIST today in strong support of promoting eration of the bill for amendment the Com- will continue to make important con- technological innovation, bolstering mittee shall rise and report the bill to the tributions to public safety, industrial the strength of our manufacturing in- House with such amendments as may have competitiveness and economic growth. dustry and contributing to the overall been adopted. Any Member may demand a separate vote in the House on any amend- This bill also allocates funding for global competitiveness of American the Manufacturing Extension Partner- ment adopted in the Committee of the Whole business. However, I simply cannot to the bill or to the committee amendment ship, also known as MEP. These MEP support the closed rule process brought programs leverage Federal, State, local in the nature of a substitute. The previous forward today by the Democrat major- question shall be considered as ordered on and private investments to stimulate ity that prevents all but one Repub- the bill and amendments thereto to final new manufacturing processes and tech- lican amendment from being consid- passage without intervening motion except nologies. These new processes and tech- ered by the House. one motion to recommit with or without in- nologies are a key component for en- This rule represents a substantial structions. suring that American manufacturers break with recent precedent because Despite my objection to the rule, I do have the tools to compete effectively the last time that a comprehensive re- want to support the underlying legisla- and efficiently against overseas manu- authorization of the National Institute tion which makes a number of positive facturers. of Standards and Technology was changes to an institution with a long The MEP program has proven re- brought to the Rules Committee, the history of helping to keep America markably effective in my home State Republican majority provided the globally competitive. of Ohio, where small and midsize man- House with a completely open rule for Since its inception in 1901, the Na- ufacturers face limited budgets, in- its consideration. I know this, Mr. tional Institute of Standards and Tech- house expertise and access to the new- Speaker, because I had the privilege of nology has worked diligently to est technologies. MEP assistance pro- managing that rule for our majority, achieve its mission of promoting U.S. viding training, expertise and services and the Democrat minority position innovation and industrial competitive- tailored to the critical needs of Ohio’s was then ably handled by the current ness by advancing measurement, small and midsize manufacturers have chairman of the Rules Committee, my science, standards and technology in made a big difference. Through this as- good friend Chairman LOUISE SLAUGH- ways that enhance economic security sistance, manufacturers in Ohio have TER. and improve the quality of life. increased productivity, achieved higher Unfortunately, Chairwoman SLAUGH- By focusing on its core mission of profits and remained competitive by TER seems to have forgotten the merits stimulating innovation, fostering in- providing the latest and most efficient of providing the House with an open dustrial competition and competitive- technologies, processes and business rules process because today the com- ness and improving quality of life, the practices. mittee that she chairs has provided the NIST has become a valuable compo- In 2006, as a direct result of MEP as- House with a closed process, through a nent in the ongoing struggle that the sistance, my State enjoyed over $150 restrictive rule, not an open rule, even United States faces to remain globally million of new investment and over using the more lenient definition of an competitive. $500 million in increased or retained open rule currently being employed by This legislation authorizes appropria- sales. Companies in Ohio participating the Democrat majority, which under tions for NIST for the next 3 years, in the MEP reported cost savings of Republican leadership was reserved for most notably doubling the Federal over $100 million. Through the contin- modified open rules. Government’s investment in physical

VerDate Aug 31 2005 00:44 May 03, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.017 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4304 CONGRESSIONAL RECORD — HOUSE May 2, 2007 science research, as proposed by Presi- Standards and Technology (NIST), the Na- Committee on Rules, Mr. PETE SES- dent Bush’s American Competitiveness tional Science Foundation, and the Depart- SIONS, the gentleman from Texas. I re- Initiative. And this increased invest- ment of Energy’s Office of Science over the alize as we get busy running from pil- coming decade as part of the American Com- ment will yield real-world benefits petitiveness Initiative (ACI). Compared with lar to post around here, that he was in across a number of diverse sectors, in- the amounts required to double NIST’s core the process of wrapping up, and it is cluding developing performance stand- research and facilities funding, H.R. 1868 pro- awfully kind of him to go kind of out of ards for bullet-proof vests for our mili- vides $22 million less in FY 2008 than the regular order and give me the oppor- tary and law enforcement, chemical President requested and authorizes less fund- tunity, knowing how committed I am and biological protection equipment ing than the Administration recommends in to this program, to take a few minutes. for first responders, and measurement FYs 2009 and 2010. Such investment in NIST’s I appreciate so much that opportunity. standards vital to leading-edge indus- core measurement and standards capabilities has demonstrated a significant, and often ex- I do rise to support the underlying tries like nanotechnology and next- ceptional, return to the economy. Studies rule and the bill, H.R. 1868, the Tech- generation solar cells that will help commissioned by NIST to evaluate the eco- nology Innovation and Manufacturing America increase its energy independ- nomic impacts of its core standards activi- Stimulation Act of 2007. I want to take ence. ties generally show benefits far greater than the opportunity to thank my chairman This legislation strengthens over- costs—the benefit-cost ratio across 19 of on the Subcommittee on Technology these studies averaged 44:1, indicative of the sight by requiring the NIST director to and Innovation, DAVID WU from the submit annual programmatic planning great leveraging of NIST’s work in the econ- omy. The research funding increases for great State of Oregon, for incor- documents to Congress, ensuring that NIST proposed in the ACI have been broadly porating into this bill the many sug- the NIST budget is spent on activities endorsed by the science community, most re- gestions and additions from our col- that meet the needs of American indus- cently in the ‘‘American Innovation leagues on both sides of the aisle, as try, and that the increased funds which Proc1amation’’—a package of targeted rec- well as the administration. The final the NIST is being entrusted with are ommendations by America’s business and legislation is a better product because spent wisely. higher education leaders. The House bill would divert NIST re- of that, and, DAVID WU, I thank you so This legislation also takes steps to sources from core basic research activities much. ensure the continued viability of the toward less meritorious industrial policy. Last year, with his American Com- workhorses of the American economy, The Administration urges the House to petitiveness Initiative, President Bush small and medium-size manufacturers. amend the bill to address these concerns. provided a vision to maintain Amer- b 1100 But despite my support for the legis- ica’s position in the global market- lation’s goals, I encourage my col- By reauthorizing the Manufacturing place by actually doubling the invest- leagues to oppose this rule, so that this ment in physical science research over Extension Partnership program, Con- legislation can be considered under an gress will help countless domestic the next 10 years. H.R. 1868 helps fulfill open rule process that gives every sin- that mission. manufacturers to improve their manu- gle Member of this body with a ger- facturing processes, reduce waste and mane amendment an opportunity to Mr. Speaker, the purpose of this bill to train workers to use new equipment. come down to the floor and to make is to authorize appropriations for fiscal Mr. Speaker, I do appreciate the their case. years 2008, 2009 and 2010 for the Na- work of Chairman BART GORDON and Mr. Speaker, the essence of what we tional Institute of Standards and Tech- my good friend, the ranking member of are here to do today is to help America nology, NIST we know it as. It is an the committee, the gentleman from to become more competitive in the agency in the Department of Com- Rockwall, Texas, Mr. RALPH HALL, for global process. By doing this, what we merce and one of the three agencies all of their hard work and bipartisan are saying is that by working with the highlighted by the President’s Amer- cooperation on this legislation. NIST, it is a collaboration that the ican Competitiveness Initiative. Mr. Speaker, I include for the government has on behalf of and in NIST has an annual operating budget RECORD the Statement of Administra- particular for technology. of about $843 million. It operates in two tion Policy for this legislation. Technology is what ultimately will locations. The headquarters, of course, STATEMENT OF ADMINISTRATION POLICY drive America well into this new cen- are in Gaithersburg, Maryland, I have H.R. 1868—TECHNOLOGY INNOVATION AND MANU- tury to make sure that we solve prob- had a great visit there with Dr. Jeffrey, FACTURING STIMULATION ACT OF 2007, MAY 1, lems, problems that have existed. the Director. There is also the facility 2007 Maybe they are mathematical prob- at the University of Colorado in Boul- The Administration opposes House passage lems, perhaps they are problems of try- der. of H.R. 1868 in its current form. The bill con- ing to get people to work with new NIST employs 2,900 scientists, engi- flicts with the administration’s Research equipment that they may have. But neers, technicians and administrative. and Development Criteria by diverting funds the technology angle and the ability These employees all play a critical role from critical, high-return basic research to that the Federal Government has to support subsidized management consulting in this research, which enables cutting- activities and a Technology Innovation Pro- take a proactive stand on behalf of edge technologies to make the leap gram (TIP) modeled on the Advanced Tech- American competitiveness is the es- from basic research into successful nology Program that was proceeding toward sence of this bill. commercial products. NIST labs ac- termination last Congress, as the Adminis- For a long time, we have spoken on complish this goal by conducting re- tration has proposed for the past five years. this floor, Member-to-Member and as a search that supports United States These external commercial support pro- body, about how important it is for technology infrastructure by devel- grams would be authorized at a total of $223 America to understand the global com- million in Fiscal Year 2008, and would in- oping tools to measure, evaluate and petition that faces America. Today is standardize processes and products in crease by more than 18 percent in FY 2009. an opportunity for us to come together The Administration does not support the almost all industrial sectors. here in this Congress to make sure that level of funding or the focus and structure of For example, NIST labs develops per- the programs as currently reflected in the we are talking not only about that which will help America, but to con- formance standards for bulletproof bill. The Administration recognizes that a vests, chemical and biological protec- Manager’s Amendment may be offered that tinue something that we have been is intended to improve the bill by refocusing doing since 1901, and that is a govern- tion equipment guides for first re- TIP awards on areas of national need. How- ment program that works well with the sponders, measurement standards vital ever, the bill still permits grants to large private sector to make sure that Amer- to sustaining cutting-edge industries corporations, limits the role of universities ica is poised in its future to be pre- like nanotechnology, we are doing and national laboratories, and does not tar- pared for what lies ahead. some great work at my alma mater, get major societal challenges. the Georgia Institute of Technology, The Administration continues to believe Mr. Speaker, at this time, I would like to yield 8 minutes to the gen- on nanotechnology, and, of course, that investing in basic research is a higher next generation solar cells. priority. Last year the President proposed tleman from Georgia, Dr. GINGREY. doubling support for high-payoff physical Mr. GINGREY. Mr. Speaker, let me The Technology Innovation and Man- science research in the National Institute of just thank my former colleague on the ufacturing Stimulation Act codifies

VerDate Aug 31 2005 00:44 May 03, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.019 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4305 the American Competitiveness Initia- exist in our capital markets that contribute to Technology Innovation and Manufac- tive by authorizing 3 years of the pro- the funding gap for early stage technology de- turing Stimulation Act of 2007. H.R. posed 10-year doubling for NIST labora- velopment. 1868 is a bill which will bolster innova- tories and construction budget. That Currently, the Advanced Technology Pro- tion and our manufacturing base and indeed is exactly what the administra- gram at NIST provides cost-shared funding to enhance national economic competi- tion asked us to do. That is exactly bridge the technology development gap for re- tiveness. what Chairman WU has done and the search with potential to deliver widespread The bill was ordered reported by a Science Committee has done. economic benefits that would likely not be de- unanimous vote of the Committee on H.R. 1868 also strengthens oversight veloped because private sector capital is un- Science and Technology on April 25, of NIST programs by requiring the di- available. 2007. The bill puts the National Insti- rector to submit to Congress annual H.R. 1868 repeals the Advanced Tech- tute of Standards and Technology, programmatic planning documents and nology Program, ATP, and establishes the NIST, on a 10-year path to doubling as requiring NIST’s Technical Advisory Technology Innovation Program, TIP, which an investment in our innovation fu- Board to comment on those plans. This will award cost-shared grants to small and me- ture. will ensure that the budget of NIST is dium-sized businesses and joint ventures in- H.R. 1868 is a comprehensive author- spent on activities that meet the needs cluding universities to pursue high-risk tech- ization bill for NIST’s Scientific and of American industry and that Con- nologies with potential significant broad bene- Technical Research and Services, In- gress is kept abreast of how NIST plans fits to the Nation. dustrial Technology Services and Con- to use its increased funding. The new Technology Innovation Program in- struction Research Facilities accounts. Manufacturing is so fundamental, corporates recommendations made by the NIST has not had a comprehensive au- Mr. Speaker, to our Nation’s economic Bush administration to improve and update the thorization bill since 1992. vitality. Manufacturing jobs continue former ATP program to make it more effective I want to highlight that H.R. 1868 is to pay more than the average U.S. sal- in promoting technology transfer that will ben- a bipartisan product of the Science and aries and they provide better benefits. efit our entire Nation. Technology Committee. I worked Mr. Speaker, a strong manufacturing Mr. Speaker, past ATP funding advanced closely with Ranking Member HALL base is so critical to U.S. economic technologies for the next-generation auto and with Dr. GINGREY. I want to thank competitiveness. H.R. 1868 supports equipment and techniques including: robotic Dr. GINGREY for coming to the floor small and medium-sized manufacturers welding, ceramic coatings, and reinforced and speaking on behalf of this bill and by reauthorizing the highly successful plastics as strong as steel. One project dra- rule this morning. I worked closely Manufacturing Extension Partnership. matically improved the fit of a car body’s 300 with Dr. EHLERS in developing this leg- I know every Member is enthusiastic stamped parts. This advancement may save islation. They were original cosponsors about Manufacturing Extension Part- consumers and automakers up to $650 million of the bill. nerships. We refer to them as MEPs. in annual maintenance costs. We adopted several amendments at They are wonderful. They are great Mr. Speaker, I again want to underline my the subcommittee and full committee programs. They help businesses im- whole-hearted support for the underlying legis- markup, and we have a stronger bill as prove manufacturing processes, reduce lation and urge my colleagues to do the same. a result of this bipartisan effort. waste, they train workers to use new Mr. Speaker, let me just say that This bill has been endorsed by equipment. what we are doing here today in regard TechNet, the Alliance For Science & The MEP program receives one-third to the NIST program is so important to Technology Research in America, the of its funding from the Federal Govern- our economy. We worry about jobs. We American Small Manufacturers Coali- ment, one-third from the States, and, worry on both sides of the aisle. We tion, the American Association of Uni- yes, one-third from fees charged to the talk about that. Every month we look versities, the National Association of participating small businesses, these at the number of jobs that were cre- State Universities and Land Grant Col- potential small business manufactur- ated. It is a barometer that is watched leges and dozens of other organiza- ers. This MEP program has over 350 of- so closely by the Members of Congress, tions, companies and individuals. fices located in all 50 States and Puerto both Republican and Democrat, and by Mr. Speaker, the Rules Committee Rico. In my great State of Georgia, and the people back home. has crafted an appropriate rule, and I again, I mention my alma mater, Geor- This is really what this is all about, would urge my colleagues to support gia Tech, plays a critical role in suc- these kinds of programs. We can fight the rule and the underlying legislation. cessfully coordinating the efforts about a lot of things, but we shouldn’t Mr. SESSIONS. Mr. Speaker, as you across the State for these MEP pro- fight about funding the National can see by the last two speakers, the grams. Science Foundation and the NIST pro- gentleman from Georgia (Dr. GINGREY) H.R. 1868 improves the MEP program gram and the Manufacturing Extension and the gentleman from Oregon (Mr. by incorporating changes that have Partnership and anything like that, WU), they have approached this subject passed the House in both the 108th and like last week when we passed those not only in a bipartisan way, but with 109th Congresses. These changes in- two bills to improve math and science a genuine friendship to each other in clude the codification of an MEP advi- education in this country. trying to promote NIST as well as sory board, the establishment of grant We have to compete globally. Yes, we American competitiveness. I think this programs to research and identify in- are in a shooting war in the Middle flows all the way to the top, where novative manufacturing technologies East and we want to give our soldiers Chairman BART GORDON and ranking and the formation of research fellow- an opportunity to win, but we need to member RALPH HALL have worked very ships. give ourselves an opportunity to win diligently on this. I think it is a good I know my colleagues and I can all this economic battle of the global thing when we are able to work in the agree that small and medium-sized economy, and that is what it is all Congress on behalf of the American manufacturers are the workhorses of about. people, in this case for the NIST lab- our economy. Their future depends on Mr. Speaker, I want to again under- oratories. our ability to foster an innovative en- line my whole-hearted support for the I would like to talk for just a minute, vironment which will enable them to underlying legislation. I urge my col- if I can, about more of what they do, continue developing and adopting ad- leagues, as I know they will, to support because I think it is an interesting ex- vanced technologies that allow them to it. ercise to go through. remain competitive in the ever-in- Ms. SUTTON. Mr. Speaker, I yield 5 Between 3 and 6 percent of the U.S. creasing global marketplace. minutes to the gentleman from Oregon gross domestic products is attributed Our country’s current system of collabora- (Mr. WU), the chairman of the Sub- to measurements and measurement-re- tion with university and national lab-based committee on Technology and Innova- lated operations that rely on the NIST basic research is the best in the world. How- tion. for accuracy, reliability and for inter- ever, many experts agree that in the phase Mr. WU. I thank the gentlewoman. national recognition. The NIST X-ray between science-based ‘‘inventions’’ and com- Mr. Speaker, I rise in support of the standards and proficiency tests ensure mercially viable ‘‘innovation,’’ inefficiencies rule for consideration of H.R. 1868, the proper radiation exposure levels in

VerDate Aug 31 2005 00:44 May 03, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.021 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4306 CONGRESSIONAL RECORD — HOUSE May 2, 2007 more than 9,000 facilities that perform And because we have a chance to PROVIDING FOR CONSIDERATION more than 30 million mammograms have something like the NIST as well OF H.R. 1429, IMPROVING HEAD yearly. as a free-enterprise system that is vi- START ACT OF 2007 The NIST Internet time services are brant here in America, because we shut Ms. CASTOR. Mr. Speaker, by direc- being used by NASDAQ, a key compo- off the heavy rules and regulations, the tion of the Committee on Rules, I call nent of our wonderful American system heavy taxation, and those things that up House Resolution 348 and ask for its of financial integrity, for NASDAQ would be related to a single-payer sys- immediate consideration. members to time stamp hundreds of tem for health care, we have been able The Clerk read the resolution, as fol- billions of dollars worth of stock trades to move America economically in the lows: and other financial transactions that world marketplace. H. RES. 348 are conducted in business every single So Republicans today come to the Resolved, That at any time after the adop- day. floor in full appreciation and respect tion of this resolution the Speaker may, pur- The United States, for the last 35 suant to clause 2(b) of rule XVIII, declare the years, has helped the Federal Bureau of with our colleagues to say we want to continue what this lab does, but we are House resolved into the Committee of the Investigation, the FBI. During part of Whole House on the state of the Union for that time my father, for eight of those also asking for them at the same time consideration of the bill (H.R. 1429) to reau- years, served as Director of the FBI. to recognize that growing medium and thorize the Head Start Act, to improve pro- small business, ensuring that America gram quality, to expand access, and for other b 1115 stays competitive, and, most impor- purposes. The first reading of the bill shall The NIST helps improve the process tantly, that we are prepared for the fu- be dispensed with. All points of order against of matching fingerprints found at ture where our competitors might be is consideration of the bill are waived except crime scenes or collected from suspects what really this Congress should be those arising under clause 9 or 10 of rule XXI. General debate shall be confined to the bill with those that are on file. In coopera- doing. and shall not exceed one hour equally di- tion with the American National Today is a small piece, part, a com- vided and controlled by the chairman and Standards Institute, the NIST also de- ponent of that competitiveness model ranking minority member of the Committee veloped a uniform way for fingerprint that will keep America going, and I am on Education and Labor. After general de- identification data to be exchanged be- proud to be a part of that. bate the bill shall be considered for amend- tween different jurisdictions and be- ment under the five-minute rule. It shall be tween scanning machines made by dif- Mr. Speaker, I yield back the balance in order to consider as an original bill for the ferent manufacturers. of my time. purpose of amendment under the five-minute Ms. SUTTON. Mr. Speaker, it is time rule the amendment in the nature of a sub- The Malcolm Baldridge National stitute recommended by the Committee on Quality Award, the Nation’s highest we put some teeth behind our rhetoric Education and Labor now printed in the bill. honor awarded by the President of the about helping our manufacturers and The committee amendment in the nature of United States to U.S. organizations for promoting innovation and industrial a substitute shall be considered as read. All their performance excellence in quality competitiveness. While there are many points of order against the committee achievement, is managed by the NIST, things that must be done on many dif- amendment in the nature of a substitute are and the award criteria are used by ferent fronts to see real improvements, waived except those arising under clause 9 or thousands of companies, hospitals, and passing the Technology Innovation and 10 of rule XXI. Notwithstanding clause 11 of rule XVIII, no amendment to the committee schools to improve their products and Manufacturing Stimulation Act today amendment in the nature of a substitute services all across the United States. is one very positive action we can take shall be in order except those printed in the The total economic benefit of the for manufacturers in Ohio and across report of the Committee on Rules accom- NIST Baldridge National Quality Pro- the Nation. panying this resolution. Each such amend- gram, which receives only a small It also tells those involved in meas- ment may be offered only in the order print- amount of Federal funding, is esti- urement science, standards and tech- ed in the report, may be offered only by a mated at almost $25 billion for a stun- Member designated in the report, shall be nology, and those working to con- considered as read, shall be debatable for the ning benefit-cost ratio of 207 to 1. tribute to public safety, industrial Mr. Speaker, we are talking about time specified in the report equally divided competitiveness and economic growth something that is a laboratory that all and controlled by the proponent and an op- that we are behind their efforts. ponent, shall not be subject to amendment, Americans can be proud of. I came As I said earlier, when we support the and shall not be subject to a demand for divi- from a research organization years ago sion of the question in the House or in the in New Jersey where I had a chance to National Institute of Standards and Committee of the Whole. All points of order also work in a lab. This lab is an asset Technology, the Manufacturing Exten- against such amendments are waived except to America. But, Mr. Speaker, it is sion Partnership, and the Technology those arising under clause 9 or 10 of rule XXI. part of an overall comprehensive and Innovation Program, we are not only At the conclusion of consideration of the bill complex way that the United States talking the talk, we are walking the for amendment the Committee shall rise and chooses to do business not only in this walk. For this reason, I urge a ‘‘yes’’ report the bill to the House with such country, but also to lead the world. vote on the previous question and on amendments as may have been adopted. Any the rule. Member may demand a separate vote in the I found it interesting that just a few House on any amendment adopted in the weeks ago there was a report issued by Mr. Speaker, I yield back the balance Committee of the Whole to the bill or to the the Financial Times, which is a news- of my time, and I move the previous committee amendment in the nature of a paper that reports on international question on the resolution. substitute. The previous question shall be monetary circumstances, and it re- The SPEAKER pro tempore. Without considered as ordered on the bill and amend- ported that now the 25-member EU ments thereto to final passage without inter- objection, the previous question is or- vening motion except one motion to recom- countries have a combined GDP that dered. equals that of the United States of mit with or without instructions. There was no objection. SEC. 2. During consideration in the House America, 25 member countries from the of H.R. 1429 pursuant to this resolution, not- EU. But if you read on, you see that The SPEAKER pro tempore. The withstanding the operation of the previous they now have a combined GDP that question is on the resolution. question, the Chair may postpone further equals the United States where we The question was taken; and the consideration of the bill to such time as may were in 1985. Speaker pro tempore announced that be designated by the Speaker. America truly is the world leader. We the ayes appeared to have it. The SPEAKER pro tempore. The gen- are the world leader in commerce and Mr. SESSIONS. Mr. Speaker, on that tlewoman from Florida (Ms. CASTOR) is activities that create better lives for I demand the yeas and nays. recognized for 1 hour. people. The EU is struggling. They are Ms. CASTOR. For the purpose of de- struggling because of high taxes, rules The yeas and nays were ordered. bate only, I yield the customary 30 and regulations, and a single-payer sys- The SPEAKER pro tempore. Pursu- minutes to the gentleman from Florida tem in health care, those things that ant to clause 8 of rule XX, further pro- (Mr. LINCOLN DIAZ-BALART). All time we here in the United States Congress ceedings on this question are post- yielded during consideration of the rule also debate and talk about. poned. is for debate only.

VerDate Aug 31 2005 00:44 May 03, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.022 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4307 GENERAL LEAVE put more kids on the path to success and hopefully break the chain of pov- Ms. CASTOR. Mr. Speaker, I ask when we pass this bill and rule today. erty. unanimous consent that all Members This bill will improve teacher and The underlying legislation being may have 5 legislative days within classroom quality, strengthen the brought to the floor today builds on which to revise and extend their re- focus on school readiness, expand ac- the success of the program and im- marks and insert extraneous materials cess to thousands more children across proves its weaknesses. It authorizes into the RECORD. America, strengthen comprehensive over $7 billion for fiscal year 2008, The SPEAKER pro tempore. Is there services, increase the number of chil- strengthens Head Start’s academic objection to the request of the gentle- dren in early Head Start, because we standards by emphasizing cognitive de- woman from Florida? are a lot smarter these days based upon velopment and topics critical to school There was no objection. the research that has been done on readiness. Ms. CASTOR. Mr. Speaker, I yield early child development and the devel- It is important that the children in myself such time as I may consume. opment of the brain. We are going to Head Start receive the best education Mr. Speaker, House Resolution 348 allow homeless children to enroll, and possible. There are, Mr. Speaker, sev- provides for consideration of H.R. 1429, we are going to do a better job, my col- eral provisions in the underlying legis- the Improving Head Start Act of 2007, league from Florida, for children who lation that I believe will help with this under a structured rule. are just learning English. goal. First, the bill seeks to ensure The rule provides 1 hour of debate On Monday, I paid a visit to the West that a greater number of Head Start equally divided and controlled by the Tampa Head Start Center and delivered teachers are better trained and edu- chairman and the ranking minority books to the kids and teachers to mark cated in early childhood development, member of the Committee on Edu- the four decades of smashing success of particularly in fundamental skills such cation and Labor. The rules waive all this holistic, wraparound initiative as language, pre-reading and pre-math- points of order against the bill except that empowers all of us. These children ematics, within 2 years. Competition encourages better qual- those arising under clauses 9 or 10 of are eager and ready to learn if we give ity. As recommended by a 2005 GAO rule XXI. The rule makes in order and them the tools. study, the bill seeks to increase com- provides appropriate waivers for 12 We need to raise strong and healthy petition among Head Start grantees to amendments, all contained in the com- children. Head Start prepares children help weed out poor performers and mittee report. to succeed in school and in life. The ad- Mr. Speaker, for more than 40 years offer stronger programs. ministration’s slow-motion cuts of The bill also seeks greater trans- Head Start has served as the premier Head Start over past years will now be educational and developmental pro- parency and disclosure regarding how reversed. The American people stood Head Start funds are spent. This will gram for more than 20 million Amer- up in November and asked for change, ican children and families. Head Start help to fight financial abuse and fur- and today we are going to stand up for ther ensure that Federal Head Start works. It works because it is a well-re- them. searched, comprehensive initiative funds reach the disadvantaged children that combines children’s educational b 1130 that they are meant to serve. Yesterday, in the Rules Committee, needs with health care and parent out- Mr. Speaker, I reserve the balance of Mr. Speaker, Resident Commissioner reach. my time. FORTUN˜ O offered an amendment to this This comprehensive approach to Mr. LINCOLN DIAZ-BALART of legislation to allow religious organiza- child health, nutrition and learning is Florida. Mr. Speaker, I would like to tions to not ignore religion in their one of our best tools to tackle the thank my friend, the gentlewoman hiring practices. The provision was in- achievement gap in education for chil- from Florida (Ms. CASTOR) for the time, cluded in previous Head Start reau- and I yield myself such time as I may dren living in poverty across our Na- thorization bills. However, the major- consume. tion. ity on the Rules Committee blocked The achievement gap begins far be- It is very important for the future of that amendment from consideration our children that they develop the fore children enter elementary school. today by the full House. Head Start tackles the achievement skills and receive the education nec- Head Start has a proud history of in- gap through cognitive, social and emo- essary to make them a success later in clusion of faith-based organizations. tional child development, each of life. Unfortunately, many children Approximately 80 grantees have reli- which is a key contributor to entering begin their education without the prop- gious affiliations. Without the Fortun˜ o elementary school prepared to succeed. er foundation, putting them at a dis- amendment, faith-based Head Start Today 20 percent of America’s 12 mil- advantage that has long-term effects grantees may decide to stop offering lion children under age 6 live in pov- on their education. Head Start programs. That would hurt erty. We know that a family’s income We must do all we can so that low-in- the children in those programs. level greatly affects their children’s ac- come children do not begin their edu- In 2004, the Department of Health and cess to educational opportunities. The cation at a disadvantage. That is why Human Services issued regulations re- reality of poverty for so many children, the Head Start program was created. quiring any organization that receives unfortunately, is tied to low success In order to give children the proper direct financial assistance from the De- rates in our classrooms. This is true in foundation they need to begin their partment, such as Head Start, to not my home State of Florida. In my com- education, the Head Start program pro- engage in inherently religious activi- munity in the Tampa Bay area, over vides comprehensive early childhood ties such as worship, religious instruc- 5,300 children currently are served by education development services. These tion or proselytizing as part of the pro- Head Start, but many thousands more services include child development, gram or services funded by HHS. So ob- are on waiting lists and are eligible. educational, health, nutritional, social jections to the Fortun˜ o amendment, in They are on waiting lists because for and other activities. These services my opinion, are unfounded. so many years previous Congresses prepare children to enter kindergarten Mr. Speaker, I reserve the balance of have failed to reenact Head Start, and and for their continued educational my time. the White House has proposed flat-line success. Ms. CASTOR. Mr. Speaker, I antici- budgets, so our kids merely have been In fiscal year 2005, the Head Start pate on the floor of the House today we treading water. With no improvements program provided developmental serv- will hear some debate over the role of or increases in funding since 2003, and ices to over 900,000 children, 35,000 of faith-based organizations in Head inflation going up, it has become more them in my State of Florida. Most of Start. Republicans would like language difficult to maintain the well-known, the children that receive the critical that would repeal existing civil rights high-quality elements in Head Start. developmental skills offered by the protections in this Head Start law that The good news is that this new Con- Head Start program come from low-in- ensure the program’s Federal funds dis- gress will change that today and make come families, and at Head Start they criminate, and we are opposed to that. the smartest investment for our coun- receive the early educational founda- No citizen should have to pass a reli- try’s future workforce. We are going to tion to do well in their later education gious test to qualify for a publicly

VerDate Aug 31 2005 03:54 May 03, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.025 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4308 CONGRESSIONAL RECORD — HOUSE May 2, 2007 funded job. That is exactly what some Mr. MCKEON. Mr. Speaker, I rise in Ms. CASTOR. Mr. Speaker, I yield 3 on the other side of the aisle will at- opposition to this rule and appreciate minutes to the gentlewoman from Ohio tempt to do today. the gentleman yielding time. (Ms. SUTTON), my colleague from the Religious organizations who run To be blunt, the rule before us is not Rules Committee. Head Start programs are not asking for worthy of the bill we will be debating Ms. SUTTON. I thank the gentle- this change. They have written us to in just a short while. Let me be clear woman for her leadership and for yield- oppose it. Head Start teachers and staff at the outset. I support the improving ing the time. should be chosen because they are Head Start Act and will vote for its Mr. Speaker, I rise today in strong qualified and they are effective teach- final passage later today. However, the support of the rule and of H.R. 1429, the ers who will help children succeed and rule before us restricts debate and pro- Improving Head Start Act of 2007. thrive. Hiring and firing decisions vides very little opportunity to im- Head Start is vital for our children in should not be made because of a teach- prove this bill. high-need areas, providing them with er’s religion. While I appreciate the Rules Com- programming critical to their cog- This is part of an ongoing attempt, I mittee making in order a few Repub- nitive development, from math and am afraid, by some on the other side of lican amendments, including ones of- reading instruction, to nutritional and the aisle to make religion a wedge fered by my Education and Labor Com- social services for students’ families. issue. mittee colleague, Mr. PRICE of Georgia; In 2006, over 900,000 children, almost Democrats strongly support faith- my former committee colleague, Mr. all of them under 5 years old, partici- based organizations running Head PORTER of Nevada; and my friend, Mr. pated in Head Start. Start programs, and H.R. 1429 on the PUTNAM, this rule is defined more by In my home State of Ohio, Head floor today specifically reaffirms that what it does not include than what it Start serves more than 38,000 young faith-based organizations may run does include. people, including more than 2,500 chil- Head Start programs. Yesterday, Mr. Fortun˜ o submitted to dren in my congressional district Mr. Speaker, I yield 2 minutes to the the Rules Committee an amendment to alone. These children come from some gentleman from Vermont (Mr. WELCH), protect the civil rights of faith-based of the most high-need families in our my colleague from the Rules Com- organizations wishing to provide serv- Nation, and Head Start does exactly mittee. ices to Head Start children. In the what its name suggests. It gives these Mr. WELCH of Vermont. Mr. Speak- aftermath of September 11, Hurricane children a head start, helping them er, I would like to thank my colleague Katrina or any other tragedy, faith- achieve at or above their age level by from Florida for her national leader- based organizations have been among the time they leave the program. ship on an issue of national impor- the first to reach out a hand in service Unfortunately, children in families tance, Head Start. to those impacted by the event. It does Later today I will be joining with my facing difficult economic situations not take a large-scale catastrophe to often begin school behind their colleagues, Representative SPACE from rally faith-based organizations into ac- wealthier peers. Head Start achieves Ohio, Representative HARE from Illi- tion, however. These groups are work- amazing results for these children and nois, and Representative ALTMIRE from ing to assist their fellow Americans Pennsylvania to offer an amendment is often the only program keeping each and every day, focusing on issues them from falling behind. that will require the Secretary of from job training to child care and ev- Health and Human Services to pay spe- Despite the crucial role Head Start erything in between. plays in the lives of hundreds of thou- cial attention to the unique needs and Too often the Federal Government sands of American children, Congress challenges that our rural kids face to has ignored or impeded the efforts of has neglected them has neglected to re- have access to Head Start. faith-based organizations willing to authorize or adequately fund this pro- This is a great program, as was de- lend a helping hand in providing crit- gram for the past 4 years. scribed by my colleague from Florida, ical services to the neediest in our This important legislation authorizes but there is a misconception often- communities. Mr. Fortun˜ o’s amend- funding for Head Start through fiscal times that Head Start is about urban ment would have protected the rights year 2012 and makes a number of long America, poor kids from cities. In fact, of faith-based groups to fully partici- there are many poor kids from rural pate in serving Head Start children overdue improvements to the program. Our bill increases funding for teacher America that benefit from access to without relinquishing their religious and staff salaries and benefits and will Head Start, and as a federally funded identities. And the majority turned it national program, we know the dif- away. improve the classroom environment by ferent communities have different Mr. Speaker, they turned it away lowering the student-to-teacher ratio. needs. even though the 1964 Civil Rights Act These changes will give our hard- The National Advisory Committee on made clear when faith-based groups working teachers and other edu- Rural Health and Human Services, in hire employees on a religious basis, it cational staff more opportunity to fact, acknowledged this when it issued is an exercise of the group’s civil lib- work with their students and improve a report that found several issues to be erties. They turned it away even their academic performance. particular challenges for rural America though in 1987, the U.S. Supreme Court This legislation also helps program in access to Head Start: transpor- unanimously upheld this right. And hire and retain qualified teachers and tation, workforce, enrollment fluctua- they turned it away even though staff by increasing salary and benefits tion, performance standards, health re- former President Bill Clinton signed and supporting professional develop- quirements and financial matching. four laws explicitly allowing faith- ment plans. And this bill will expand What we know is that one size does based groups to staff on a religious access to 10,000 additional children. not fit all, but what we also know is basis when they receive Federal funds. This Congress is making a commit- the opportunity for all is an essential In its place, they allowed us to de- ment to our children and the Head American goal. bate an amendment that applauds the Start program, and it is critical that This amendment, when it is offered, work of faith-based providers but fails we do so. Research has shown that chil- is directing the Secretary to make cer- to protect their civil rights. This hol- dren attending Head Start are more tain that those special challenges that low amendment may provide certain likely to graduate from high school our rural kids face in America are in- Members of the majority political than other low-income children. Re- cluded in an execution plan so that cover, but in reality, it does nothing to search has also proven that children there will be opportunity for the rural protect the constitutional rights of who attend Head Start are less likely kids as well as the urban kids. faith-based organizations seeking to to enter special education, are less Mr. LINCOLN DIAZ-BALART of serve Head Start students. likely to repeat a grade and are less Florida. Mr. Speaker, I yield 3 minutes This is just one example, the most likely to end up in the criminal courts to the gentleman from California (Mr. significant of all, of how this rule is in adolescence. MCKEON), the distinguished ranking not worthy of the bill we will be debat- Mr. Speaker, this legislation will member of the Education and Labor ing later today, and so I urge my col- give more of our children the help and Committee. leagues to oppose this rule. assistance they need. With passage of

VerDate Aug 31 2005 03:54 May 03, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.027 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4309 this legislation, we are not only pro- of President Bush and Secretary blocked by the leaders of both sides, it viding our children with the oppor- Leavitt. We all want to do what is best is now in this year’s bill. Parents will tunity for a brighter future, we are for our children, and I truly believe the continue to have a vote and continue building a brighter future for our coun- underlying bill does that. to make this a grassroots program. try. Ms. CASTOR. Mr. Speaker, I would But there is another part of this bill I urge my colleagues to vote in favor inquire of the gentleman from Florida that I oppose, and there is an amend- of this bill so we can keep our promise if he has any remaining speakers. ment made in order under this rule to America’s children. Mr. LINCOLN DIAZ-BALART of that makes it even worse, and that is Florida. We have two speakers remain- to require 50 percent of the teachers to b 1145 ing. have a college degree. That sounds like Mr. LINCOLN DIAZ-BALART of Ms. CASTOR. Our side has no re- a great goal, but if you understand that Florida. Mr. Speaker, I yield 3 minutes maining speakers, except for my clos- this is preschool, and part of the goal to the distinguished gentleman from ing. here was to get the parents involved, Delaware (Mr. CASTLE). Mr. Speaker, I reserve the balance of unlike what’s happening in the elemen- Mr. CASTLE. I thank the gentleman my time. tary schools and the high schools in from Florida for yielding to me. Mr. LINCOLN DIAZ-BALART of many of these urban and rural areas, Mr. Speaker, I rise in opposition to Florida. Mr. Speaker, I yield 51⁄2 min- the parents don’t get involved. this rule. While I appreciate the Rules utes to the distinguished gentleman Partly what happens in Head Start Committee making in order several of from Indiana (Mr. SOUDER). councils is parents get involved. Often the proposed amendments, including an (Mr. SOUDER asked and was given they get hired as teachers and teach- amendment offered by Mr. PRICE of permission to revise and extend his re- ers’ aides. They are from the commu- Georgia to create a State demonstra- marks.) nity. There is research suggesting, and tion program that allows up to eight Mr. SOUDER. Mr. Speaker, I rise in no research to the contrary, that the States to coordinate Head Start with strong support of this bill, but in oppo- net impact of moving to this 50 percent other State-run early childhood devel- sition to this rule. requirement in 2013 is going to result opment programs, this rule unfortu- I would first like to talk a little bit in less teachers of color in the urban nately limits improving the Head Start about some of the unique history of areas. That’s the practical net result. Act further by not allowing for debate Head Start that I think is important as Fewer parents will go to literacy on several Republican amendments. we move into the discussions of the courses and evolve then into getting a Although I oppose this rule, I do sup- amendments and the bill itself. GED and helping to teach their own port the underlying bill, the Improving Head Start is a moderately successful kids. You will miss the magic of this Head Start Act of 2007 to reauthorize program. Because it’s a moderately program, which is empowerment and the Head Start program. This legisla- successful program, often it’s oversold. getting the parents involved, which is tion improves the Head Start Act by It’s only moderately successful, but it’s what we should be looking for in ele- emphasizing that every child, regard- very difficult to get any program to mentary schools. There is an amend- less of their economic status, should succeed in the highest-risk populations ment to take the 2013 goal down to have the best chance possible to suc- of America, as we learned in No Child 2011, I believe. That makes a bad clause ceed. Left Behind and other programs trying worse. I hope that amendment gets de- We all can agree on the need for Head to reach those who have been left be- feated on the floor. Start and its successes. We must also hind by the economic growth of Amer- There is one other amendment in this recognize that Head Start can produce ica, by the opportunities in America, in bill that is a bad amendment. There is even greater results for children. Stu- the low-income urban communities and nothing wrong with the amendment, dents who attend Head Start programs the low-income suburban communities. it’s existing law. It’s what I would call generally start school more prepared To have modest success is actually a a fake faith-based amendment. If an or- than those with similar backgrounds tremendous accomplishment in Head ganization follows all the secular rules that do not attend Head Start. How- Start. So how did Head Start perform in hiring and in principles, they have ever, Head Start students continue to differently, and what was the concept always been, always been, eligible for enter kindergarten well below national behind it that made it unique? government grants. The dispute that norms in school readiness. By moving On the left and on the right, there has arisen in faith-based is not wheth- to close the school readiness gap, this would be, for lack of a better word, a er, if you have a secular board and bill will improve results for almost 1 populist empowerment faction in both don’t impose any religious principles million Head Start students across al- parties. In the sixties, the community on your organization, you can’t pros- most all of the Nation. action movement said we need to stop elytize. That has already been ruled by Towards the goal of closing the readi- the top-down approach and do a more the courts. You can’t pray if you get ness gap, the Improving Head Start Act bottom-up approach and involve the government funds during the time that of 2007 strengthens Head Start’s aca- communities in poverty themselves in any program is funded by government. demic focus while maintaining its com- making their own decisions. You can’t refuse to cover somebody. prehensive nature. The bill improves That entails certain risks, because The question is can a faith-based or- the academic focus of the program by they may not, when you let people vote ganization that may have church rules, establishing new quality standards their own decisions and make their for example, can only males be preach- that ensure enrolled children develop own decisions, do what government ex- ers or priests? Can you have somebody and demonstrate language skills; actly wants them to do, or what col- who is homosexual in a church position prereading knowledge, including an in- lege-educated Ph.D.s come into that in your church? Can you fire somebody terest in and an appreciation of books, community and think is best for that for adultery, things that many, if not reading and writing either alone or community. most, major Christian denominations, with others; premathematics knowl- One of the key debates last year Orthodox Jews, Muslim organizations edge, such as recognition of numbers when this came to the floor was wheth- have as rules in their denominations? and counting; cognitive abilities re- er the Head Start policy councils They are not eligible under the Demo- lated to academic achievement; and so- should allow the parents to have a crat faith-based rule. cial development important for envi- vote. The bill was altered to take that This is a legitimate debate. I grant ronments constructive for child devel- vote away from parents and basically that it’s a legitimate debate, and we opment, early learning and school suc- make the parents hood ornaments; say have had it on the House floor. But we cess. we have parental involvement, but should not pretend that we are pro- The Improving Head Start Act of 2007 take the breathing lifeblood of those tecting faith-based organizations, when builds upon the reforms of previous re- Head Start programs away. we are, in fact, taking away the his- authorizations of Head Start, as well as I am very pleased that in this Con- toric civil rights protection that has the requirements of the landmark No gress, after seeing the probable defeat always been granted under, quote, Child Left Behind Act, and the vision on the House floor, had it not been faith-based. A religion is exempt from

VerDate Aug 31 2005 01:08 May 03, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.028 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4310 CONGRESSIONAL RECORD — HOUSE May 2, 2007 normal rules in how they hire, because tion of the Presiding Bishop v. Amos (1987): tion and governmental preference of one reli- they believe they reflect their faith. ‘‘Determining that certain activities are in gious view over another. Using the typology Mr. Speaker, I ask to include into the furtherance of an organization’s religious of different types of faith-based organiza- mission and that only those committed to tions recently published by the Working RECORD an article by Ron Sider, who that mission should conduct them is . . . a Group on Human Needs and Faith-Based and has written a book that was much means by which a religious community de- Community Initiatives chaired by former ballyhooed in the last election cycle fines itself.’’ A Jewish organization forced to Democratic Senator Harris Wofford helps ex- about the faith-based movement not hire substantial numbers of Baptist staffers, plain this point. just being conservative right-wingers. for example, will not long remain a signifi- ‘‘Faith-saturated’’ and ‘‘faith-centered’’ [From First Things] cantly Jewish organization. programs both include substantial religious Having staff who share a religious organi- THE CASE FOR ‘‘DISCRIMINATION’’ content in their programs and hire (pri- zation’s essential religious beliefs shapes the marily or exclusively) employees who share (by Ronald J. Sider) group’s identity in a variety of ways. Shared their beliefs precisely because their religious I’m a long-time Democrat. In 1972, I orga- motivation, common values, a sense of com- beliefs tell them that persons are spiritual as nized a group called ‘‘Evangelicals for munity and unity of purpose, shared experi- well as material beings and therefore the McGovern/Shriver’’ and helped McGovern ences of prayer and worship (even if they are best results follow when spiritual and mate- sweep—well, the great state of Massachu- outside work time in the organization) all rial transformation are combined. ‘‘Faith-re- setts. contribute to an esprit de corps and shared lated,’’ ‘‘faith-background,’’ and ‘‘secular’’ As a Democrat, I have been deeply dis- organizational vision. As law professor Ira C. providers do not include significant religious mayed by how out of touch with the Amer- Lupu said in testimony before a House sub- content in their program or consider reli- ican mainstream the party has proven to be committee (June 7, 2001), ‘‘The sense of reli- gious belief in their staffing because their on the issue of faith-based initiatives, par- gious community and spirit on which [the] worldview tells them that all that is needed ticularly on the issue of the so-called hiring success of the group’s efforts depend’’ may be to correct dysfunctional social behavior and exemption. (For a discussion of other aspects hampered if it is forced to hire those who do social problems is socio-economic, material of the initiative, see Joseph Loconte, ‘‘Keep- not share its beliefs. transformation. All these providers, not just ing the Faith,’’ FT, May.) This is important even when, for example, the first two, are grounded in an explicit or A vast majority of Americans believe that a faith-centered organization chooses to sep- implicit religious perspective. Secular pro- as a society we have lost our moral moorings arate by location or time (and fund with pri- viders work at least implicitly within a nat- and that we must reaffirm the role of reli- vate money) sectarian worship, instruction, uralistic worldview (nothing exists except gious faith in nurturing persons of integrity and proselytization in a program in order to the natural world) that functions in effect as and fostering a just, stable society. It is in receive direct government grants. This is a religious perspective. Functionally, faith- that context that we must evaluate the true for several reasons. related and faith-background providers oper- Democratic leadership’s opposition to allow- First of all, religious activities may be im- ate with deistic religious beliefs (God exists ing faith-based organizations that accept portant to the social service program, even but never intervenes in the natural world of government funds to show preference in hir- though they are voluntary, privately funded, cause and effect). Naturalism and deism, ing to those who embrace the organization’s and segregated from ‘‘secular’’ government- however, are just as much particular reli- basic religious beliefs and practices. Demo- funded activities. In such programs, holding gious worldviews as the historic theism that cratic President Bill Clinton signed three certain religious beliefs and practices is a le- undergirds most faith-saturated and faith- Charitable Choice bills that explicitly in- gitimate qualification for a staff position, centered programs. cluded this hiring exemption. Presidential equally as valid as having the right skills Obviously, if government only funds some candidate Al Gore embraced Charitable and experience. private providers of services (i.e., the natu- Choice. But when the Bush Administration’s Second, enforced religious diversity can ralistic and deistic ones that do not explic- legislation expanding Charitable Choice have the effect of stifling religious expres- itly use religious criteria for staff), govern- moved to the Senate in mid-2001, the Demo- sion of staff within the agency, creating a ment clearly discriminates among religions. cratic leadership blocked even the consider- climate of fear of offending other staff mem- Thus far, I have argued that as a matter of ation of such legislation—largely on the bers with religious speech or actions. Since principle religious freedom is such a funda- charge that the hiring exemption amounted personal faith is very important to many mental right that it ought to prevail even if to employment discrimination. who choose to work in a religious organiza- on occasion embracing that overriding prin- In other words, the Democratic leadership tion, such a climate can diminish staff moti- ciple has the secondary effect of, for exam- has come to believe that religious organiza- vation and effectiveness. Forced religious di- ple, reducing the number of job opportunities tions must give up their long-recognized versity can sap a program’s spiritual vitality for a particular group. For example, the right to hire staff who share their faith com- and lead to its secularization. Catholic Church must, as a matter of prin- mitments in order to receive federal money Third, staff often play multiple roles in ciple, be free to live out its religious belief that provides needed services to the public. small organizations. For example, an agency (which I do not share) that only men should In this, the Democrats are wrong. might seek someone to work part-time as a be priests, even if the practice has the effect To begin with, a religious organization’s youth minister and part-time as a social of reducing the number of job possibilities decision to hire staff who share its religious worker for its youth mentoring program. Im- for women. beliefs and practices is not an example of in- plementing a policy in which religion could My last point offers an argument, not tolerant discrimination, but rather a posi- be considered as a factor in hiring for some about principle, but about practical effect. tive act of freedom. In a free society, a wide job duties but not others would lead to un- The recent suggestion that extending the variety of organizations—environmental or- necessarily complicated and impermissibly hiring exemption to faith-based organiza- ganizations, feminist groups, unions—are entangling regulations. tions (FBOs) would in practice mean that Af- left free to select staff who share their core But even leaving aside the effects of such rican-Americans or gay Americans would commitments and who agree with their regulation on religious organizations them- suffer a loss of job opportunities is simply agenda. This right does not disappear if gov- selves, the rationale behind it makes little wrong. ernments choose to request these private or- sense. The fact that a religious organization There is a certain tension between two ganizations to perform some desired tasks. accepts some federal funds does not mean treasured values: on the one hand, protecting Planned Parenthood, for example, does not that it ceases to be an independent, autono- the religious freedom and identity of FBOs lose its right not to hire pro-life staff simply mous entity and becomes an arm or agent of as they expand their effective services to the because it has a government contract. It is the state. Law, precedent, and common sense most needy; on the other, our society’s con- precisely the denial of this right to religious all argue that a private organization that ac- viction that except in the case of a narrow organizations that would amount to intoler- cepts some government funds still retains its range of specific situations, employers ant discrimination instead of the promotion separate identity. This is clearly the case should not discriminate on the basis of reli- of a free and open society. with colleges and universities that receive gion. To equate this positive good with the evil government funding, scholars engaged in fed- But do such hiring preferences really re- of discrimination on the basis of things like erally subsidized research, and artists and sult in job deprivation? Hardly at all. race or disability is pure confusion. Whether artistic organizations funded by the National First, we are talking about a small per- we think that religion is a medieval super- Endowment for the Arts. All of these receive centage of the total jobs in the society. Sec- stition or a true and good contributor to so- government funding, and all maintain their ond, many FBOs pay almost no attention to cial well-being, all who believe in religious autonomy from the government. Similarly, a the religious beliefs of staff. Third, in the freedom should insist that religious organi- religious organization that receives govern- case of those evangelical Christian, Orthodox zations be permitted to hire staff who share ment funds to provide a public service that Jewish, and Muslim FBOs that do, virtually their religious beliefs. serves a public good would maintain its au- all the different religious groups have their The obvious fact is that the ability to tonomy and not be co-opted by government. own FBOs offering a hiring preference to choose staff who share a religious organiza- Moreover, not only does allowing hiring people who share their own beliefs. tion’s core beliefs is essential if that organi- preferences based on religious belief within For very understandable historical rea- zation wishes to retain its basic identity. As religious organizations pose no social dan- sons, African-Americans have been con- Justice William Brennan wrote in Corpora- ger, it is the only way to avoid discrimina- cerned that racial discrimination might find

VerDate Aug 31 2005 03:54 May 03, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.030 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4311 cover under the hiring exemption based on HOUSE OF REPRESENTATIVES, Ms. CASTOR. Mr. Speaker, we do religious belief. This is extremely unlikely Washington, DC, March 9, 2007. have one final speaker before my clos- to happen. FBOs working in minority com- Hon. GEORGE MILLER, ing remarks. Chairman, House Committee on Education and munities are run either by people of the I yield 21⁄2 minutes to the gentleman same racial group or by whites who have Labor, Rayburn House Office Building, Washington, DC. from Wisconsin (Mr. KIND). been at the forefront of fighting racial preju- Hon. HOWARD ‘‘BUCK’’ MCKEON, Mr. KIND. I thank the gentlewoman dice. Ranking Member, House Committee on Edu- from Florida for yielding me this time. What about sexual orientation? Few FBOs cation and Labor, Rayburn House Office Mr. Speaker, I do rise in support of ask about or select staff on the basis of sex- Building, Washington, DC. the rule and strong support of the reau- ual orientation. It is true that a number of DEAR CHAIRMAN MILLER AND RANKING MEM- thorization of the Improving Head FBOs do say that staff should not be sexually BER MCKEON: For more than forty years, one Start Act of 2007. active outside marriage. But is that really so of the most unique and important aspects of As a former member of the Education terrible—especially for FBOs working to the Head Start program has been its empha- and Workforce Committee over the last overcome poverty in a society where a child sis on parental involvement Head Start has 10 years, I have been heavily involved growing up in a single-parent household is enabled parents, as representatives on Head in Head Start programs, the reauthor- eleven times more likely to be persistently Start policy councils, to participate in mak- ization process in previous Congresses, ing important decisions regarding budget, poor than a child growing up in a two-parent and had an opportunity to visit many family? programming, and personnel. As the Com- mittee plans to mark up its Head Start reau- of the Head Start centers throughout Even if the hiring exemption in Charitable thorization bill this coming week, we believe my congressional district throughout Choice were expanded to a lot more govern- that preserving this structure of governance western Wisconsin. They are doing a ment funding streams, sexually (and openly) is fundamental to the continued success of terrific job not only helping our chil- active gay Americans would face extremely the program. dren, typically, who are very high-risk, little job deprivation. The number in that Under current law, Head Start boards of di- high-need children, get off to literally group is very small and the number of jobs rectors and policy councils share the respon- a head start when it comes to their in- affected is a minuscule fraction of the total sibility of managing a Head Start program. dividual development and education, number of jobs. Gay FBOs exist and others This partnership helps to ensure that there but also working very closely, as my can be formed that give a hiring preference is a system of checks and balances in place friend from Indiana just highlighted and that the important voices of experts in to those who share that ethical/religious be- previously, the close partnership with lief. Surely the well-educated gay commu- accounting, finance, and early education are balanced with the equally important voices the parents of those children, which is nity does not want to block an enormously crucial to the success of this program. promising way to overcome poverty and so- of parents who have children in the program. Many of our constituents who are involved I want to commend the members of cial decay for millions of desperate Ameri- with Head Start have told us that policy the committee for producing this prod- cans to avoid what in practice would at council members, especially parents, often uct, in particular Chairman MILLER worst mean only the loss of a handful of pos- have a much greater day-to-day knowledge and chairman of the subcommittee, sible jobs. of the program than the board of directors DALE KILDEE, along with Ranking and are thus better able to provide account- Constitutionally, Charitable Choice strikes Member CASTLE and Ranking Member the right balance between the no-establish- ability. Indeed, a 2005 GAO report found that BUCK MCKEON. I know a lot of them ment and free exercise clauses of the First calls from parents are often the first signal to Head Start regional offices that a pro- have collaborated and worked closely Amendment. Morally, it offers promise for gram is struggling with mismanagement. to produce this. major progress in overcoming some of our As the Education and Labor Committee There are two features in particular most intractable social problems. Politi- that I want to highlight and commend. cally, Charitable Choice and the broader prepares for its markup, we want to ensure that it does not diminish the role of parent One is making sure we get the meas- Faith-Based Initiatives have rightly become policy councils. We believe this would under- urements of these kids done right. I led identified with the widespread sense that we mine the future success of the Head Start the effort in previous Congresses to see have lost our way morally as a society. By program and, in turn, the success of thou- remaining steadfastly opposed to allowing if we could suspend the National Re- sands of at-risk children and their parents. porting System. This was based on religious organizations to contribute to solv- Like both of you, we believe there should be ing social problems, the Democrats harm our stronger accountability within Head Start studies that the National Academy of country as well as their future electoral programs. The 2005 GAO report, for example, Sciences had made asking us to slow prospects. Only at great peril dare Demo- cited a lack of oversight from the HHS re- down in this assessment and standard crats be on the wrong side of today’s wide- gional offices and Head Start boards of direc- practice until they could develop what spread embrace of religious faith’s crucial tors as sizable obstacles to improved ac- they feel are the proper forms of meas- contribution to social wholeness. If that hap- countability. However, these reforms need urement for kids at this age, because if not come at the expense of parental involve- pens, they will deserve a repetition of 1972. we get that wrong, they said, we could ment in the program. Any Head Start reau- actually do more harm to the children thorization bill must preserve the current The fact is whether you are left or with improper measurements and as- right in the faith-based movement, you oversight role of the policy councils with re- gard to board actions in key areas such as sessments than doing good. have to agree that you have to keep budget, programming, and personnel, if they I am glad to see that this legislation the principles of religion if you are are to maintain their current vital role with- now recognizes that suspension of the going to keep your spiritual vitality. in the program. National Reporting System gives the Particularly in urban America and in Again, we ask that the chairman’s mark of National Academy of Sciences a chance rural America, the churches and the vi- the Head Start reauthorization bill retain to report back with recommendations tality is what needs to be brought into the current shared governance structure of and guidelines on what proper meas- the policy councils and board of directors. poverty and reaching out. urements of these children should be. The current structure has helped to The second feature is requiring pro- We can have a legitimate debate over successful1y prepare hundreds of thousands grams to consult with child care health whether government funds should go in of low-income children to enter kindergarten and empowered thousands of parents to take experts in developing proper nutrition there. I believe it would help the pro- greater roles in the lives of their children and physical education programs for grams. It has been an historic right. and communities. Thank you for your atten- kids at this age. But the amendment that is in front of tion to this matter. If you have any ques- In light of childhood obesity and type us is not a faith-based amendment. It’s tions, please contact Jill Hunter-Williams 2 juvenile diabetes, it’s going to be im- only allowing faith-based groups to with Rep. Davis at 225–5006 or Brett portant that we do everything we can Swearingen with Rep. Souder at 225–4436. to make sure that our kids are getting participate if they secularize and drop Sincerely, their unique faith. off to the right start when it comes to Danny K. Davis; Donald M. Payne; Rob- quality-of-life issues, make sure that Mr. Speaker, I would like to insert ert C. Scott; Linda T. Sa´ nchez; John F. Terney; David Wu; John A. Yarmuth. they are not going to start smoking or into the RECORD a statement on the Mark Souder; Ric Keller; Todd Russell taking drugs, but also taking the prop- policy councils from Congressman Platts; Rob Bishop; Timothy Walberg; er nutrition and involved in the proper DANNY DAVIS and me. Rau´ l M. Grijalva; Virginia Foxx. physical activities to make sure that

VerDate Aug 31 2005 01:08 May 03, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.012 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4312 CONGRESSIONAL RECORD — HOUSE May 2, 2007 they have healthy bodies to go along Now, in an attempt to appease Re- be resolved, and it needs to be resolved with the healthy minds that Head publicans and conservative Democrats, now and this authorization bill is Start is meant to produce. an alternative amendment will be pro- clearly the most appropriate forum in Those two provisions in particular I vided by the gentleman from North which to do so. Any further delays in commend, and I encourage a strong bi- Carolina. This amendment, in effect, the implementation of these crucial partisan vote for this important bill. praises the work of faith-based organi- safety regulations for children may en- Mr. LINCOLN DIAZ-BALART of zations, but tells them they have to danger the lives of children. Florida. Mr. Speaker, I yield 4 minutes give up their right to hire who they Mr. Speaker, I ask unanimous con- to my distinguished colleague and want to hire to participate in Head sent to insert the text of the amend- friend from Florida (Mr. WELDON). Start. ment and extraneous materials imme- Mr. WELDON of Florida. I thank the diately prior to the vote on the pre- b 1200 gentleman for yielding. vious question. Mr. Speaker, the Democratic major- Current Federal law protects the The SPEAKER pro tempore (Mr. PAS- ity pays lip service to their support of Civil Rights Act hiring protections for TOR). Is there objection to the request religious people and faith-based groups, faith-based organizations and pro- of the gentleman from Florida? but now they are here today, in this viders. And, indeed, as was stated ear- There was no objection. House, enacting a piece of legislation lier by a previous speaker, President Mr. LINCOLN DIAZ-BALART of that I believe is a shot across the bow Bill Clinton signed four laws protecting Florida. Mr. Speaker, I yield the bal- to all faith-based organizations that religious organizations in this context. ance of my time. are involved in social services in this Now, I want to close by just pointing Ms. CASTOR. Mr. Speaker, I urge a country. The Head Start bill today out a very, very simple fact. There is a ‘‘yes’’ vote on the Improving Head says that if you participate in the reason why on the floor today the Start Act of 2007 and this rule so that grant process, you will not be able to amendment to correct this problem we infuse Head Start with the nec- hire like-minded people to work in will not be allowed, and the reason is essary investments and program en- your child-care facility. because it will pass. A majority of this hancements that will sustain Head The Democrats are saying that a bu- Congress, Republicans working with Start for years to come. We will chart reaucracy in Washington, D.C., has Blue Dog Democrats, would pass the a new course in the right direction by more wisdom to decide who you can Fortuno amendment which would pro- ensuring family incomes do not impede and can’t hire than the hundreds, thou- tect these faith-based religious organi- a child’s access to educational opportu- sands of small businesses that run zations. We had many of the Blue Dogs nities. these Head Start programs. The Demo- vote with us on this issue in the past. The fact that the administration and crats are essentially saying, with this But, alas, under this rule, and it is why the past few Congresses did not keep legislation, while we thank you for I am imploring my colleagues on both the promise to America’s children is your tireless dedication and recognize sides of the aisle to vote ‘‘no’’ on this unfortunate. We have lost ground. But that you are an integral part of this rule, that amendment will not be al- the good news is that this new Demo- process, we don’t trust you to make lowed and we will be asked to stifle the cratic Congress is charting a new direc- fair choices in the employees that you freedom of religion in the United tion. This includes wise investments in hire. the education and health of our kids, Don’t be misled. This is in direct con- States. Mr. LINCOLN DIAZ-BALART of which are certain to pay dividends for tradiction to the Civil Rights Act of Florida. Again, I thank my friend, Ms. years to come. 1964 and the Supreme Court, both of Mr. Speaker, this is an important which came to the conclusion that CASTOR, for the time and her courtesy, and all those who have participated in day for America. The Congress is going faith-based organizations had the right to keep the promise made 4 decades to hire employees on a religious basis. this debate. Mr. Speaker, I will be asking for a ago to children who are born with the Faith-based organizations such as same potential but, because of their churches, synagogues and other faith- ‘‘no’’ vote on the previous question so that I can amend this restrictive rule life circumstances, are in need of a lit- based charities are a central part of the tle extra attention, health care, nutri- fabric of communities all across Amer- to make in order the amendment of- fered by Congressman PRICE of Geor- tion, the guiding hand of a knowledge- ica. Many of these organizations pro- able, talented, devoted teacher, and a vide assistance and services to the gia, which seeks to make regulations for emergency rear door exits and safe- true head start. neediest members of society, offering a I urge a ‘‘yes’’ vote on the previous helping hand to the less fortunate ty belts on vehicles used to transport children effective upon enactment of question and on the rule. among us. Many faith-based organiza- The material previously referred to tions can and want to make a vital H.R. 1429. This extremely important amendment was denied by the Demo- by Mr. LINCOLN DIAZ-BALART of Florida contribution to the Federal assistance is as follows: programs. crats in the majority last night in the AMENDMENT TO H. RES. 348 The landmark 1964 Civil Rights Act Rules Committee. OFFERED BY REP. LINCOLN DIAZ-BALART OF explicitly protects the rights of reli- In 1992, Congress required the FLORIDA gious organizations to take religion issuance of regulations related to rear door emergency exits and safety re- At the end of the resolution, add the fol- into account in their hiring practices. lowing: In fact, the Civil Rights Act made clear straints on Head Start transportation. SEC. 3. Notwithstanding any other provi- that when faith-based organizations Since the final rule for these new regu- sion of this resolution, the amendment print- hire employees on a religious basis, it lations was published in 2001, the effec- ed in section 4 shall be in order as though is an exercise of the organization’s tive date has been delayed three times. printed as the last amendment in the report civil liberties and does not constitute Mr. Speaker, Congress required these of the Committee on Rules if offered by Rep- discrimination under Federal law. regulations in order to ensure the safe resentative Price of Georgia or a designee. The freedom to hire those who share operation of vehicles by Head Start That amendment shall be debatable for 30 religious beliefs was upheld in a unani- agencies. Currently, the leading cause minutes equally divided and controlled by the proponent and an opponent. mous 1987 Supreme Court decision, Cor- of death for children ages 3 to 7 is SEC. 4. The amendment referred to in sec- poration of the Presiding Bishop v. motor vehicle traffic crashes. Further tion 3 is as follows: Amos, in which the Court observed, ‘‘A delaying these requirements means al- Page 36, after line 12, insert the following law is not unconstitutional simply be- lowing Head Start grantees to trans- (and make such technical and conforming cause it allows churches to advance re- port children using vehicles that are changes as may be appropriate): ligion, which is their very purpose. For not designed specifically for the safe ‘‘(3) EMERGENCY EXIT DOORS.— a law to have forbidden ’effect’ ... it transport of children. ‘‘(A) EFFECTIVE DATE.—Section 1310.12(a) of title 45, Code of Federal Regulations, shall must be fair to say that the govern- If the previous question is defeated, become effective on the effective date of this ment itself has advanced religion the Price amendment would be made in paragraph. through its own activities and influ- order and this delay would be put to an ‘‘(B) COVERED VEHICLES.—Notwithstanding ence.’’ end. This issue, Mr. Speaker, needs to any other provision of law, any vehicle used

VerDate Aug 31 2005 01:08 May 03, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.035 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4313 to transport children for a Head Start pro- cations. It is one of the only available tools Pascrell Schwartz Tierney gram after effective date of this paragraph, for those who oppose the Democratic major- Pastor Scott (GA) Towns shall be subject to a requirement under such ity’s agenda and allows those with alter- Payne Scott (VA) Udall (CO) Perlmutter Serrano Udall (NM) section (including a requirement based on native views the opportunity to offer an al- Peterson (MN) Sestak the definitions set forth or referenced in sec- ternative plan. Van Hollen Pomeroy Shea-Porter Vela´ zquez tion 1310.3 or any other provision set forth or Ms. CASTOR. Mr. Speaker, I yield Price (NC) Sherman Visclosky referenced in part 1310 of such title, or any Rahall Shuler Walz (MN) back the balance of my time, and I Rangel Sires corresponding similar regulation or ruling) Wasserman move the previous question on the res- Reyes Skelton concerning rear exit doors.’’. Schultz Rodriguez Slaughter olution. Waters (The information contained herein was The SPEAKER pro tempore. The Ross Smith (WA) Rothman Snyder Watson provided by Democratic Minority on mul- question is on ordering the previous Roybal-Allard Solis Watt tiple occasions throughout the 109th Con- question. Ruppersberger Space Waxman gress.) The question was taken; and the Rush Spratt Weiner Welch (VT) THE VOTE ON THE PREVIOUS QUESTION: WHAT Ryan (OH) Stark Speaker pro tempore announced that Salazar Stupak Wexler IT REALLY MEANS the ayes appeared to have it. Sa´ nchez, Linda Sutton Wilson (OH) This vote, the vote on whether to order the Mr. LINCOLN DIAZ-BALART of T. Tanner Woolsey previous question on a special rule, is not Florida. Mr. Speaker, I object to the Sanchez, Loretta Tauscher Wu Sarbanes Taylor merely a procedural vote. A vote against or- vote on the ground that a quorum is Wynn dering the previous question is a vote Schakowsky Thompson (CA) Yarmuth against the Democratic majority agenda and not present and make the point of Schiff Thompson (MS) order that a quorum is not present. a vote to allow the opposition, at least for NAYS—194 the moment, to offer an alternative plan. It The SPEAKER pro tempore. Evi- is a vote about what the House should be de- dently a quorum is not present. Aderholt Gallegly Neugebauer Akin Garrett (NJ) Nunes bating. The Sergeant at Arms will notify ab- Alexander Gerlach Paul Mr. Clarence Cannon’s Precedents of the sent Members. Bachmann Gilchrest Pearce House of Representatives, (VI, 308–311) de- Pursuant to clause 8 and clause 9 of Bachus Gillmor Pence scribes the vote on the previous question on Baker Gingrey rule XX, this 15-minute vote on order- Peterson (PA) the rule as ‘‘a motion to direct or control the Barrett (SC) Gohmert Petri consideration of the subject before the House ing the previous question on H. Res. 348 Barrow Goode Pickering being made by the Member in charge.’’ To will be followed by 5-minute votes on Bartlett (MD) Goodlatte Platts Barton (TX) Granger Poe defeat the previous question is to give the adoption of H. Res. 348, if ordered; and Biggert Graves Porter opposition a chance to decide the subject be- adoption of H. Res. 350, by the yeas and Bilbray Hall (TX) Price (GA) fore the House. Cannon cites the Speaker’s Bilirakis Hastert nays. Pryce (OH) ruling of January 13, 1920, to the effect that Bishop (UT) Hastings (WA) The vote was taken by electronic de- Putnam ‘‘the refusal of the House to sustain the de- Blackburn Hayes vice, and there were—yeas 226, nays Radanovich mand for the previous question passes the Blunt Heller 194, not voting 12, as follows: Boehner Hensarling Ramstad control of the resolution to the opposition’’ Regula [Roll No. 273] Bonner Herger in order to offer an amendment. On March Bono Hobson Rehberg 15, 1909, a member of the majority party of- YEAS—226 Boozman Hoekstra Reichert fered a rule resolution. The House defeated Boustany Hulshof Renzi Abercrombie DeFazio Kennedy Reynolds the previous question and a member of the Ackerman DeGette Kildee Brady (TX) Hunter Rogers (AL) opposition rose to a parliamentary inquiry, Allen Delahunt Kilpatrick Brown (SC) Inglis (SC) Rogers (KY) asking who was entitled to recognition. Altmire DeLauro Kind Brown-Waite, Issa Rogers (MI) Andrews Dicks Klein (FL) Ginny Jindal Speaker Joseph G. Cannon (R–Illinois) said: Rohrabacher Arcuri Dingell Kucinich Buchanan Johnson (IL) ‘‘The previous question having been refused, Burgess Johnson, Sam Ros-Lehtinen the gentleman from New York, Mr. Fitz- Baca Doggett Langevin Baird Donnelly Lantos Burton (IN) Jones (NC) Roskam gerald, who had asked the gentleman to Baldwin Doyle Larsen (WA) Buyer Jordan Royce yield to him for an amendment, is entitled to Bean Edwards Larson (CT) Calvert Keller Ryan (WI) the first recognition.’’ Becerra Ellison Lee Camp (MI) King (IA) Sali Because the vote today may look bad for Berkley Ellsworth Levin Campbell (CA) King (NY) Saxton the Democratic majority they will say ‘‘the Berman Emanuel Lewis (GA) Cannon Kingston Sensenbrenner Cantor Kirk vote on the previous question is simply a Berry Eshoo Lipinski Sessions Bishop (GA) Etheridge Loebsack Capito Kline (MN) Shadegg vote on whether to proceed to an immediate Carter Knollenberg Shays vote on adopting the resolution . . . [and] Bishop (NY) Farr Lofgren, Zoe Blumenauer Filner Lowey Castle Kuhl (NY) Shimkus has no substantive legislative or policy im- Boren Frank (MA) Lynch Coble LaHood Shuster plications whatsoever.’’ But that is not what Boswell Giffords Mahoney (FL) Cole (OK) Lamborn Simpson they have always said. Listen to the defini- Boucher Gonzalez Maloney (NY) Conaway Latham Smith (NE) tion of the previous question used in the Boyd (FL) Gordon Markey Crenshaw LaTourette Smith (NJ) Boyda (KS) Green, Al Marshall Culberson Lewis (CA) Smith (TX) Floor Procedures Manual published by the Davis (KY) Lewis (KY) Rules Committee in the 109th Congress, Brady (PA) Green, Gene Matheson Souder Braley (IA) Grijalva Matsui Davis, David Linder Stearns (page 56). Here’s how the Rules Committee Davis, Tom LoBiondo Brown, Corrine Gutierrez McCarthy (NY) Tancredo Deal (GA) Lucas described the rule using information form Butterfield Hall (NY) McCollum (MN) Terry Dent Lungren, Daniel Congressional Quarterly’s ‘‘American Con- Capps Hare McDermott Thornberry Diaz-Balart, L. E. gressional Dictionary’’: ‘‘If the previous Capuano Harman McGovern Tiahrt Diaz-Balart, M. Mack question is defeated, control of debate shifts Cardoza Hastings (FL) McIntyre Tiberi Carnahan Herseth Sandlin McNerney Doolittle Manzullo to the leading opposition member (usually Drake Marchant Turner the minority Floor Manager) who then man- Carney Higgins McNulty Upton Carson Hill Meehan Dreier McCarthy (CA) ages an hour of debate and may offer a ger- Duncan McCaul (TX) Walberg Castor Hinchey Meek (FL) Walden (OR) mane amendment to the pending business.’’ Chabot Hinojosa Meeks (NY) Ehlers McCotter Deschler’s Procedure in the U.S. House of Emerson McCrery Walsh (NY) Chandler Hirono Melancon Wamp Representatives, the subchapter titled Clarke Hodes Michaud English (PA) McHenry Everett McHugh Weldon (FL) ‘‘Amending Special Rules’’ states: ‘‘a refusal Clay Holden Miller (NC) Weller Cleaver Holt Miller, George Fallin McKeon to order the previous question on such a rule Westmoreland Clyburn Honda Mitchell Feeney Mica [a special rule reported from the Committee Whitfield Cohen Hooley Mollohan Flake Miller (FL) on Rules] opens the resolution to amend- Wicker Conyers Hoyer Moore (KS) Forbes Miller (MI) Wilson (NM) ment and further debate.’’ (Chapter 21, sec- Cooper Inslee Moore (WI) Fortenberry Miller, Gary Wilson (SC) tion 21.2) Section 21.3 continues: Upon rejec- Costa Israel Moran (VA) Fossella Moran (KS) tion of the motion for the previous question Costello Jackson (IL) Murphy (CT) Foxx Murphy, Tim Wolf on a resolution reported from the Committee Courtney Jackson-Lee Murphy, Patrick Franks (AZ) Musgrave Young (AK) on Rules, control shifts to the Member lead- Cramer (TX) Murtha Frelinghuysen Myrick Young (FL) Crowley Jefferson Nadler ing the opposition to the previous question, NOT VOTING—12 who may offer a proper amendment or mo- Cuellar Johnson (GA) Napolitano Cummings Johnson, E. B. Neal (MA) Cubin Gillibrand Pitts tion and who controls the time for debate Davis (AL) Jones (OH) Oberstar Davis, Jo Ann Lampson Schmidt thereon.’’ Davis (CA) Kagen Obey Engel McMorris Sullivan Clearly, the vote on the previous question Davis (IL) Kanjorski Olver Fattah Rodgers on a rule does have substantive policy impli- Davis, Lincoln Kaptur Pallone Ferguson Ortiz

VerDate Aug 31 2005 01:08 May 03, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.015 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4314 CONGRESSIONAL RECORD — HOUSE May 2, 2007 b 1231 Sutton Van Hollen Weiner PROVIDING FOR CONSIDERATION ´ Tanner Velazquez Welch (VT) OF H.R. 1868, TECHNOLOGY INNO- Messrs. REGULA, BILIRAKIS, BUR- Tauscher Visclosky Wexler GESS, WALSH of New York and Taylor Walz (MN) Wilson (OH) VATION AND MANUFACTURING HUNTER changed their vote from Thompson (CA) Wasserman Woolsey STIMULATION ACT OF 2007 Thompson (MS) Schultz Wu ‘‘yea’’ to ‘‘nay.’’ Tierney Waters Wynn The SPEAKER pro tempore. The un- So the previous question was ordered. Towns Watson Yarmuth finished business is the vote on adop- Udall (CO) Watt tion of House Resolution 350, on which The result of the vote was announced Udall (NM) Waxman as above recorded. the yeas and nays were ordered. The SPEAKER pro tempore. The NAYS—196 The Clerk read the title of the resolu- question is on the resolution. Aderholt Frelinghuysen Myrick tion. Akin Gallegly Neugebauer The question was taken; and the Alexander Garrett (NJ) Nunes The SPEAKER pro tempore. The Speaker pro tempore announced that Bachmann Gerlach Paul question is on the resolution. the ayes appeared to have it. Bachus Gilchrest Pearce This will be a 5-minute vote. Baker Gillmor Pence Mr. LINCOLN DIAZ-BALART of Barrett (SC) Gingrey Peterson (PA) The vote was taken by electronic de- Florida. Mr. Speaker, on that I demand Bartlett (MD) Gohmert Petri vice, and there were—yeas 226, nays the yeas and nays. Barton (TX) Goode Pickering 189, not voting 17, as follows: Biggert Goodlatte Platts The yeas and nays were ordered. Bilbray Granger Poe [Roll No. 275] The SPEAKER pro tempore. This Bilirakis Graves Porter YEAS—226 Bishop (UT) Hall (TX) Price (GA) will be a 5-minute vote. Abercrombie Grijalva Blackburn Hastert Pryce (OH) Murphy, Patrick Ackerman Gutierrez The vote was taken by electronic de- Blunt Hastings (WA) Putnam Murtha Allen Hall (NY) vice, and there were—yeas 226, nays Boehner Hayes Radanovich Nadler Altmire Hare Bonner Heller Ramstad Neal (MA) 196, not voting 10, as follows: Andrews Harman Bono Hensarling Regula Oberstar Arcuri Hastings (FL) [Roll No. 274] Boozman Herger Rehberg Obey Baca Herseth Sandlin Boustany Hobson Reichert Olver YEAS—226 Baird Higgins Brady (TX) Hoekstra Renzi Pallone Abercrombie Etheridge McIntyre Baldwin Hill Brown (SC) Hulshof Reynolds Pascrell Ackerman Farr McNerney Barrow Hinchey Brown-Waite, Hunter Rogers (AL) Pastor Allen Filner McNulty Bean Hinojosa Ginny Inglis (SC) Rogers (KY) Payne Altmire Frank (MA) Meehan Becerra Hirono Buchanan Issa Rogers (MI) Perlmutter Andrews Giffords Meek (FL) Berkley Hodes Burgess Jindal Rohrabacher Peterson (MN) Arcuri Gonzalez Meeks (NY) Berman Holden Burton (IN) Johnson (IL) Ros-Lehtinen Petri Baca Gordon Melancon Berry Holt Buyer Johnson, Sam Roskam Pomeroy Baird Green, Al Michaud Bishop (GA) Honda Calvert Jones (NC) Royce Price (NC) Baldwin Green, Gene Miller (NC) Bishop (NY) Hooley Camp (MI) Jordan Ryan (WI) Rahall Barrow Grijalva Miller, George Blumenauer Hoyer Campbell (CA) Keller Sali Rangel Bean Gutierrez Mitchell Boren Inslee Cannon King (IA) Saxton Reyes Becerra Hall (NY) Mollohan Boswell Israel Cantor King (NY) Schmidt Rodriguez Berkley Hare Moore (KS) Boucher Jackson (IL) Capito Kingston Sensenbrenner Berman Harman Moore (WI) Boyd (FL) Jackson-Lee Ross Carter Kirk Sessions Berry Hastings (FL) Moran (VA) Boyda (KS) (TX) Rothman Castle Kline (MN) Shadegg Bishop (GA) Herseth Sandlin Murphy (CT) Brady (PA) Jefferson Roybal-Allard Chabot Knollenberg Shays Bishop (NY) Higgins Murphy, Patrick Braley (IA) Johnson (GA) Ruppersberger Coble Kuhl (NY) Shimkus Blumenauer Hill Murtha Brown, Corrine Johnson, E. B. Rush Cole (OK) LaHood Shuster Boren Hinchey Nadler Butterfield Jones (NC) Ryan (OH) Conaway Lamborn Simpson Boswell Hinojosa Napolitano Capps Jones (OH) Salazar Crenshaw Latham Smith (NE) Boucher Hirono Neal (MA) Capuano Kagen Sa´ nchez, Linda Cubin LaTourette Smith (NJ) Boyd (FL) Hodes Oberstar Cardoza Kanjorski T. Culberson Lewis (CA) Smith (TX) Boyda (KS) Holden Obey Carnahan Kaptur Sanchez, Loretta Davis (KY) Lewis (KY) Souder Brady (PA) Holt Olver Carney Kennedy Sarbanes Davis, David Linder Stearns Braley (IA) Honda Pallone Carson Kildee Schakowsky Davis, Tom LoBiondo Tancredo Brown, Corrine Hooley Pascrell Castor Kilpatrick Schiff Deal (GA) Lucas Terry Butterfield Hoyer Pastor Chandler Kind Schwartz Dent Lungren, Daniel Thornberry Capps Inslee Payne Clarke Klein (FL) Scott (GA) Diaz-Balart, L. E. Tiahrt Capuano Israel Perlmutter Clay Kucinich Scott (VA) Diaz-Balart, M. Mack Tiberi Cardoza Jackson (IL) Peterson (MN) Cleaver Langevin Serrano Doolittle Manzullo Turner Carnahan Jackson-Lee Pomeroy Clyburn Lantos Drake Marchant Upton Sestak Carney (TX) Price (NC) Cohen Larsen (WA) Dreier McCarthy (CA) Walberg Shea-Porter Carson Jefferson Rahall Conyers Larson (CT) Duncan McCaul (TX) Walden (OR) Sherman Castor Johnson (GA) Rangel Cooper Lee Ehlers McCotter Walsh (NY) Shuler Chandler Johnson, E. B. Reyes Costa Levin Emerson McCrery Wamp Sires Clarke Jones (OH) Rodriguez Costello Lewis (GA) English (PA) McHenry Weldon (FL) Skelton Clay Kagen Ross Courtney Lipinski Everett McHugh Weller Slaughter Cleaver Kanjorski Rothman Cramer Loebsack Fallin McKeon Westmoreland Smith (WA) Clyburn Kaptur Roybal-Allard Crowley Lofgren, Zoe Feeney Mica Whitfield Snyder Cohen Kennedy Ruppersberger Cuellar Lowey Flake Miller (FL) Wicker Solis Conyers Kildee Rush Cummings Lynch Forbes Miller (MI) Wilson (NM) Space Cooper Kilpatrick Ryan (OH) Davis (AL) Mahoney (FL) Fortenberry Miller, Gary Wilson (SC) Spratt Costa Kind Salazar Davis (CA) Maloney (NY) Fossella Moran (KS) Wolf Stark Costello Klein (FL) Sa´ nchez, Linda Davis (IL) Markey Foxx Murphy, Tim Young (AK) Stupak Courtney Kucinich T. Davis, Lincoln Marshall Franks (AZ) Musgrave Young (FL) Sutton Cramer Langevin Sanchez, Loretta DeFazio Matheson Tanner Crowley Lantos Sarbanes DeGette Matsui NOT VOTING—10 Tauscher Cuellar Larsen (WA) Schakowsky Delahunt McCarthy (NY) Davis, Jo Ann Gillibrand Ortiz Taylor Cummings Larson (CT) Schiff DeLauro McCollum (MN) Engel Lampson Thompson (CA) Davis (AL) Lee Schwartz Pitts Dicks McDermott Fattah McMorris Thompson (MS) Davis (CA) Levin Scott (GA) Sullivan Dingell McGovern Ferguson Rodgers Davis (IL) Lewis (GA) Scott (VA) Doggett McIntyre Tierney Towns Davis, Lincoln Lipinski Serrano ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Donnelly McNerney DeFazio Loebsack Sestak Doyle McNulty Udall (CO) DeGette Lofgren, Zoe Shea-Porter The SPEAKER pro tempore (during Edwards Meehan Udall (NM) Delahunt Lowey Sherman the vote). Members are advised we are Ellison Meek (FL) Van Hollen DeLauro Lynch Shuler at the 2-minute mark. Ellsworth Meeks (NY) Vela´ zquez Dicks Mahoney (FL) Sires Emanuel Melancon Visclosky Dingell Maloney (NY) Skelton Eshoo Michaud Walz (MN) Doggett Markey Slaughter b 1239 Etheridge Miller (NC) Wasserman Donnelly Marshall Smith (WA) Filner Miller, George Schultz Doyle Matheson Snyder So the resolution was agreed to. Frank (MA) Mitchell Waters Edwards Matsui Solis The result of the vote was announced Giffords Mollohan Watson Ellison McCarthy (NY) Space as above recorded. Gonzalez Moore (KS) Watt Ellsworth McCollum (MN) Spratt Gordon Moore (WI) Waxman Emanuel McDermott Stark A motion to reconsider was laid on Green, Al Moran (VA) Weiner Eshoo McGovern Stupak the table. Green, Gene Murphy (CT) Welch (VT)

VerDate Aug 31 2005 01:08 May 03, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.039 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4315 Wexler Woolsey Wynn U.S. TROOP READINESS, VET- Finally, this legislation is unconsti- Wilson (OH) Wu Yarmuth ERANS’ CARE, KATRINA RECOV- tutional because it purports to direct NAYS—189 ERY, AND IRAQ ACCOUNT- the conduct of the operations of the Aderholt Frelinghuysen Myrick ABILITY APPROPRIATIONS ACT, war in a way that infringes upon the Akin Gallegly Neugebauer 2007—VETO MESSAGE FROM THE powers vested in the Presidency by the Bachmann Garrett (NJ) Nunes PRESIDENT OF THE UNITED Constitution, including as Commander Bachus Gerlach Paul STATES (H. DOC. NO. 110–31) in Chief of the Armed Forces. For these Baker Gilchrest Pearce reasons, I must veto this bill. Barrett (SC) Gillmor Pence The SPEAKER pro tempore (Mr. Bartlett (MD) Gingrey GEORGE W. BUSH, Peterson (PA) TIERNEY) laid before the House the fol- Barton (TX) Gohmert THE WHITE HOUSE, May 1, 2007. Pickering lowing veto message from the Presi- Biggert Goode Platts The SPEAKER pro tempore. The ob- Bilbray Goodlatte Poe dent of the United States: Bilirakis Granger jections of the President will be spread Porter To the House of Representatives: Bishop (UT) Graves Price (GA) at large upon the Journal, and the veto Blackburn Hall (TX) Pryce (OH) I am returning herewith without my message and the bill will be printed as Blunt Hastert Putnam approval H.R. 1591, the ‘‘U.S. Troop a House document. Boehner Hastings (WA) Radanovich Readiness, Veterans’ Care, Katrina Re- Bonner Hayes The question is, Will the House, on Ramstad covery, and Iraq Accountability Appro- reconsideration, pass the bill, the ob- Bono Heller Regula Boozman Hensarling Rehberg priations Act, 2007.’’ jections of the President to the con- Boustany Herger Reichert This legislation is objectionable be- trary notwithstanding? Brown (SC) Hobson Renzi Brown-Waite, Hoekstra cause it would set an arbitrary date for The gentleman from Wisconsin (Mr. Reynolds OBEY) is recognized for 1 hour. Ginny Hulshof Rogers (AL) beginning the withdrawal of American Buchanan Hunter Rogers (KY) troops without regard to conditions on Mr. OBEY. Mr. Speaker, for purposes Burgess Inglis (SC) Rogers (MI) the ground; it would micromanage the of debate only, I yield the customary 30 Burton (IN) Issa Rohrabacher Buyer Jindal commanders in the field by restricting minutes to the distinguished gen- Roskam Calvert Johnson (IL) tleman from California (Mr. LEWIS), Royce their ability to direct the fight in Camp (MI) Johnson, Sam Ryan (WI) Iraqi; and it contains billions of dollars and pending that I yield myself such Campbell (CA) Jordan Sali time as I may consume. Cannon Keller of spending and other provisions com- Saxton Mr. Speaker, this issue before us is Cantor King (IA) pletely unrelated to the war. Schmidt Capito King (NY) the kind of issue that the Congress was Sensenbrenner Precipitous withdrawal from Iraq is Carter Kingston designed to deal with. This Congress Sessions not a plan to bring peace to the region Castle Kirk exists today because in 1215, almost 800 Chabot Kline (MN) Shadegg or to make our people safer here at Coble Knollenberg Shays home. The mandated withdrawal in years ago, our forefathers many times Shimkus Cole (OK) Kuhl (NY) this bill could embolden our enemies— removed, by adopting the Magna Carta, Conaway LaHood Shuster established for the first time in the Simpson and confirm their belief that America Crenshaw Lamborn English-speaking world the principle Cubin Latham Smith (NE) will not stand behind its commitments. Culberson LaTourette Smith (NJ) that the monarch was not unilaterally Smith (TX) It could lead to a safe haven in Iraq for Davis (KY) Lewis (KY) terrorism that could be used to attack sovereign. Davis, David Linder Souder That expression wound up being Stearns America and freedom-loving people Davis, Tom LoBiondo turned into a reality for our country in Deal (GA) Lucas Tancredo around the world, and is likely to un- 1789, when the Constitution of the Dent Lungren, Daniel Terry leash chaos in Iraq that could spread Diaz-Balart, L. E. Thornberry United States was adopted. That Con- Diaz-Balart, M. Mack Tiberi across the region. Ultimately, a pre- stitution created three coequal Turner Doolittle Manzullo cipitous withdrawal could increase the branches of government. It gave this Drake Marchant Upton probability that American troops Walberg body, the legislative body, the Con- Dreier McCarthy (CA) would have to one day return to Iraq— Duncan McCaul (TX) Walden (OR) gress, the ability to declare war. It cer- Ehlers McCotter Walsh (NY) to confront an even more dangerous tainly gave us the obligation to oversee Wamp Emerson McCrery enemy. the conduct of war. It gave us the obli- English (PA) McHenry Weldon (FL) The micromanagement in this legis- Everett McHugh Weller gation to oversee the use of taxpayers’ Fallin McKeon Westmoreland lation is unacceptable because it would money in dealing not just with war, Feeney Mica Whitfield create a series of requirements that do but with every other issue as well. Flake Miller (FL) Wicker not provide the flexibility needed to The President yesterday vetoed the Forbes Miller (MI) Wilson (NM) conduct the war. It would constrict Fortenberry Miller, Gary Wilson (SC) legislation now before us, which, for Fossella Moran (KS) Wolf how and where our Armed Forces could the first time, had he chosen to use it, Foxx Murphy, Tim Young (AK) engage the enemy and defend the na- would have given him the opportunity Franks (AZ) Musgrave Young (FL) tional interest, and would provide con- to have an exit strategy for a war that NOT VOTING—17 fusing guidance on which of our en- has brought incredible frustration and emies the military could engage. The Alexander Ferguson Napolitano agony not just on the people of Iraq, Brady (TX) Gillibrand Ortiz result would be a marked advantage for but the people of our own country. Davis, Jo Ann Lampson Pitts our enemies and greater danger for our Now, the President has told the pub- Engel Lewis (CA) Ros-Lehtinen troops, as well as an unprecedented in- Farr McMorris Sullivan lic that he is ‘‘the decider.’’ Well, he is Fattah Rodgers Tiahrt terference with the judgments of those a very important decider, but he is not who are charged with commanding the the only decider in a democratic form ANNOUNCEMENT BY THE SPEAKER PRO military. of government. The ultimate deciders TEMPORE. Beyond its direction of the operation are our constituents, and we are elect- The SPEAKER pro tempore (during of the war, the legislation is also unac- ed to speak on their behalf and to par- the vote). Members are advised there ceptable for including billions of dol- ticipate in that decisionmaking. That are 2 minutes left in this vote. lars in spending and other provisions is what the Congress did when it passed that are unrelated to the war, are not this legislation through both Houses. b 1246 an emergency, or are not justified. The I regret very much that the Presi- Congress should not use an emergency dent did not use this legislation to es- So the resolution was agreed to. war supplemental to add billions in tablish a bipartisan approach to the The result of the vote was announced spending to avoid its own rules for war which has plagued us now for more as above recorded. budget discipline and the normal budg- than 4 years. et process. War supplemental funding As we all know, yesterday was the A motion to reconsider was laid on bills should remain focused on the war fourth anniversary of the President’s the table. and the needs of our men and women in landing on that aircraft carrier under Stated for: uniform who are risking their lives to the banner ‘‘Mission Accomplished’’ Mr. FARR. Mr. Speaker, on rollcall No. 275, defend our freedoms and preserve our and telling us that our troops had ful- had I been present, I would have voted ‘‘yea.’’ Nation’s security. filled their mission. Indeed, they had;

VerDate Aug 31 2005 03:54 May 03, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.021 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4316 CONGRESSIONAL RECORD — HOUSE May 2, 2007 our troops won the war in Iraq, but it Now that the President has laid down tegic consequences that would result. is the White House, in its pursuit of its his veto, it seems to me that he has an This fighting will spill into neigh- Iraqi policy, it is the civilian leader- obligation to lay on the table what boring countries, threaten our allies ship of the Pentagon which systemati- compromises he is willing to make in and then spread throughout the Middle cally, especially in the early days, ig- order to bring us together in pursuit of East. nored the judgment of the military an exit strategy from a war that we In addition to these frightening stra- that has brought us to the chaos that should never have gotten into in the tegic consequences, if we surrender the we see in Iraq today. first place. Iraqi nation to the terrorists, we would Now, the legislation before us at- With that, Mr. Speaker, I reserve the open the gates to a potential humani- tempted to do a number of things. It balance of my time. tarian crisis of epic proportions, in- attempted to meet the financial needs Mr. LEWIS OF California. Mr. Speak- cluding mass murder and displace- of the budget in supplying our troops er, I am pleased to yield 4 minutes to ments of thousands and thousands of with everything that they need. Sec- the gentlelady from Florida. innocent Iraqi men, women and chil- ondly, it attempted to hold the admin- Ms. ROS-LEHTINEN. I thank the dren that our retreat helped make pos- istration accountable and to hold the gentleman from California. sible. Iraqi Government accountable for the Mr. Speaker, last month, a member Let me remind the advocates of de- actions that they have taken. And of the majority leadership stated, feat of the words of one of our former thirdly, it was meant to provide the be- ‘‘This war is lost, and the surge has not presidents who battled against the le- ginnings of an exit strategy from that accomplishing anything.’’ He further gions of those who sought to block his civil war. The President has decided to stated, ‘‘We are going to pick up Sen- efforts to save democracy for this veto that legislation, and the question ate seats as a result of this war,’’ and country and for the world. He said, before us now is whether we will over- adding that he had been shown num- ‘‘This generation of Americans has a ride that veto or not. bers that are compelling and astound- rendezvous with destiny. In this world The President said in his veto mes- ing. of ours, there are some people, who sage yesterday that we had all too seem to have grown too weary to carry many so-called nonrelated items in b 1300 on the fight. I believe in my heart that this bill, along with funding for the I cannot imagine that there were only our success can stir their ancient troops in Iraq. I don’t believe that the many in either party who were not hope. They begin to know that here in American people would agree with the shocked by these brazenly cynical America we are waging a great and President that $1.8 billion for veterans words. successful war. It is a war for the sur- health care, $3.3 billion for defense This past Saturday, I sat down with vival of democracy.’’ health programs, $2.2 billion for addi- Phyllis and Huber Parsons, constitu- These are the words of Franklin Roo- tional Homeland Security initiatives, ents from my congressional district sevelt, and I think were he here today, $6.9 billion for Katrina recovery, $663 who have three sons serving in Bagh- I am confident that he would never million to protect the country from the dad. They are pictured here in the post- give in to those who say that we have ravages of a potential world flu pan- er behind me. They are officers with lost and who demand that we retreat. demic, or $650 million to prevent kids the Army Stryker Brigade. They said I ask my colleagues to uphold the from losing health insurance is unnec- to me that remarks such as the ones President’s veto and demand a clean essary funding. I think the American that I just quoted by our congressional supplemental to support our troops in public recognizes each of those as a le- leaders ‘‘made them sick.’’ Their sons, the field, to give Bill, Charlie and gitimate expenditure of public funds. Charlie, Huber and Bill, are not bullets Huber Parsons the resources they need I also think that the President has to be used to hit a political target. And to achieve victory in Iraq. focused so much attention on those Mr. OBEY. Mr. Speaker, I yield 1 while some of my colleagues may not items simply to divert public attention minute to the gentlewoman from Cali- agree with the administration’s efforts from the fact that this bill is first, last fornia (Ms. PELOSI), the distinguished to win the battle against Islamic and foremost about the war. It is about Speaker of the House. jihadists in Iraq, the Parsons brothers how we get our troops out of the war. Ms. PELOSI. Mr. Speaker, I thank should not be abandoned without am- It is how we send a message to the the gentleman for yielding. I want to Iraqi politicians that our troops cannot munition to defend themselves. acknowledge the exceptional leader- My stepson, Doug, and my daughter- be expected to accomplish the com- ship of Chairman OBEY, Chairman MUR- in-law, Lindsay, both served in Iraq. promises that only they can reach if THA and Chairman SKELTON in putting that war is to be brought to a conclu- Lindsay is now in Afghanistan. They together this important piece of legis- sion. were not following the orders of would- lation. Mr. Speaker, I would urge every be generals here in Congress. They Mr. Speaker, Congress passed this Member of this House, regardless of were serving their country and their bill, and yesterday we sent it to the party, to vote to override the Presi- President, whom the Constitution President of the United States. We did dent’s veto. clearly states is the commander-in- so with great pride, because it is a bill And I would point out to the Presi- chief. that supports our troops, honors our dent that we already have provided for Not one of us here in Congress can promises to our veterans, holds the two major compromises in this legisla- usurp that role. Nor can we fill the role Iraqi government accountable and tion. When we first established the of General David Petraeus, who bears winds down this war. It is a bill that Murtha principles for unit readiness, the enormous burden of directing this honors the sacrifice of our men and the White House objected. And so we war and who has said that our mission women in uniform. Thank you, Chair- said, all right, we’ll change that, we is just and necessary. men OBEY, MURTHA AND SKELTON. will give the White House a waiver. These men and women of our Armed The President had an historic oppor- When the White House objected to the Forces, such as the Parsons brothers tunity. He had an opportunity to take timetable that we laid out for with- and my stepson and daughter-in-law, yes for an answer, because the bill con- drawal of our troops from that civil understand their mission. They under- tained what the President had pro- war, again we compromised, and we stand that they are locked in a posed. The President proposed bench- said we will keep as hard deadlines the generational struggle with global Is- marks. His very own benchmarks were deadlines by which we must begin that lamic radicals who seek our destruc- contained in this bill. The Department process of redeploying troops, but we tion. If we declare that we have been of Defense has guidelines for readiness made the end date for the actual with- beaten in this phase of the struggle and for our troops, for their training, their drawal of our troops from combat in a then retreat, it will only grow, it will equipment and the time they can spend civil war, we made those dates ex- follow us home, and it may never end. at home and overseas. They are in the tremely flexible in response to the Imposing a timetable for withdrawal bill, even with a waiver for the Presi- President’s views. So we have already of our forces and retreating over the dent, giving the President more lati- compromised on two very major items horizon, as some have suggested, will tude. The President said no. The Presi- in this bill. not insulate us from the terrible stra- dent said no.

VerDate Aug 31 2005 01:08 May 03, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.077 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4317 I had hoped that the President would our country who cares about the vic- Nobody who serves in this body, who see the light, instead of turning a tin tims of Katrina. That millions of chil- takes the oath of office to protect and ear to the wishes of the American peo- dren are about to lose their health in- defend the Constitution, needs anybody ple and a blind eye to what is hap- surance is an emergency for them and to tell them, whether you are a Demo- pening on the ground in Iraq. for our country. America’s farmers, crat or Republican, what our responsi- The President, in signing the veto, is devastated by natural disasters, think bility is to protect the American peo- reporting that progress is being made it is an emergency. ple. Nobody needs a reminder of what in Iraq. Well, I don’t know what his These situations remain emergencies the threat of terrorism is to our coun- definition of ‘‘progress’’ is, but, sadly, because the President and the last Con- try. But we do need to work together April was the deadliest month this gress, the Republican Congress, refused to keep our focus on where the war on year, with over 100 of our troops killed to act. So now we must. So they have terror really is. If we clear up this mat- there. made it even more of an emergency. ter, bring this war to an end in Iraq, we The President, in his statement on Today, the President faces con- can give the war on terror our fullest vetoing the bill, said that he vetoes the sequences of his own making. This is attention. bill because, in his words, ‘‘It makes no the seventh supplemental for the war Let us stop this war without end. I sense to tell the enemy when you start in Iraq. Certainly somebody was plan- urge a ‘‘yes’’ vote. to plan withdrawing.’’ ning something at the White House and Mr. LEWIS of California. Mr. Speak- In criticizing these timelines, of could have put over the years the fund- er, I yield myself such time as I may course, the President is wrong. But ing necessary for this war into the consume. when he was a candidate for President, budget. Instead, the President did not Mr. Speaker, the gentlelady who it made sense to him to say to Presi- do that. I don’t know why. Maybe they spoke just before me, our respected dent Clinton, ‘‘I think it’s also impor- didn’t want the American people to see Speaker, is a person I have worked tant for the President to lay out a the real cost of this war in dollars. Cer- with for most of my life in public af- timetable as to how long our troops tainly we know the price that we have fairs. Our Speaker suggested that the will be involved and when they will be paid more seriously in lives, in health, President was wrong, and, Mr. Speaker, withdrawn.’’ This is candidate Bush on in reputation, in the readiness of our I humbly suggest that in this instance, the war in Kosovo, where we did not military and in probably $2 trillion our esteemed Speaker is wrong. lose one single American soldier; this now for this war. Madam Speaker, it was no secret from a President whose initiative has The President claims that this legis- that this conference report was going lost over 3,000 Americans and count- lation infringes upon the powers vested to be vetoed. Early on, the President less, countless, countless Iraqis. in the President by the Constitution. made very clear his intention to veto Bipartisan congressional majorities The President is wrong. Congress is ex- this legislation because of the Iraq approved of using timelines for rede- ercising its right as a coequal branch of withdrawal language and the many un- ployment to instill urgency into bench- government to work cooperatively related and costly spending items that marks that have already again been en- with the President to end this war. have absolutely nothing to do with the By voting ‘‘yes’’ to override, Con- dorsed by the President and the Iraqi global war on terror and recovery ef- gress sends a strong message: forts on the gulf coast. leaders. They have agreed to this, ex- To support our troops. They have It is no secret that many Members of cept they reject them in this bill. done everything that has been asked of A wide range of people have noted the House and Senate, both Repub- them, and excellently. They deserve the value of timelines in persuading licans and Democrats, had strong res- better. the Iraqis to make the political com- To rebuild our military, which has ervations about the manner in which promises needed to end the violence, been seriously strained by this war in this legislation undermined the author- including Secretary of Defense Gates, Iraq. ity of the President, our Commander in who said, ‘‘The strong feelings ex- To honor our commitment to our Chief. pressed in the Congress about the time- veterans, our heroes. From the beginning of this process, table probably have had a positive im- And to demand accountability. Members have expressed their concern pact in terms of communicating to the With passage of this bill, we then can about how this legislation placed mili- Iraqis that this is not an open-ended refocus our energy on the efforts tary decisions in the hands of politi- commitment.’’ against terrorism by bringing the war cians rather than military commanders The Congress will not support an in Iraq to an end, bringing this war in in the field. The last thing our country open-ended commitment to a war with- Iraq to an end. or our troops need is to have 535 Mem- out end. He wants a blank check. The The President said there are real en- bers and Senators micromanaging the Congress will not give it to him. emies out there. Yes, we know that, war in Iraq. That simply is not our job, Next the President said that Con- Mr. President, and we are prepared to Madam Speaker. gress is substituting our judgment for make that fight. We will do whatever is Recent history reminds us that the the judgments of commanders in the necessary to protect the American peo- enemy we face in Iraq, Afghanistan and field 6,000 miles away. Wrong again, ple. in other countries that harbor terror- Mr. President. We are substituting our The war on terrorism was in Afghani- ists will stop at nothing to attack the judgment for your judgment 16 blocks stan. We took our fullest attention United States and our allies. down Pennsylvania Avenue in the from Afghanistan to go into Iraq, and My colleagues, now is not the time White House. We are substituting the now Iraq is a magnet for terrorists. for the United States to back down judgment of this Congress for your The war in Iraq has made matters from its commitment to the war on failed judgment. worse in the war on terrorism. terror. Now is not the time for America The American people have lost faith What we have to do is work together, to signal retreat and surrender. Indeed, in the President’s conduct of the war. Democrats and Republicans, with the now is not the time for the House of They have said that they want ac- President of the United States, to Representatives to throw in the towel, countability and a new direction. This bring stability to that region. wave the white flag or signal retreat bill gives them both. Now into the fifth year of a failed and surrender in Iraq. Next the President claimed, and Mr. policy, this administration should get How could this Congress walk away OBEY again referenced this, that this a clue. It is not working. This is the from our men and women in uniform? bill is loaded with non-emergency fourth surge they have proposed. When How could we walk away from them spending. Well, it may be a non-emer- they proposed it in January, they said now? We must not let that happen. We gency to the President, but it certainly in 60 to 90 days we will know. It is 120 must support our troops. Our failure to is an emergency to the people affected. days, and now they are saying Sep- learn the lessons of history, our failure Once again, the President is wrong. tember. And then they say maybe by to lead, will result in devastating con- The needs of the survivors of Hurri- the end of the year. So what is this? We sequences, including an even greater cane Katrina think it is an emergency, will be into another whole year of this loss of life and even more resources and so does any person of conscience in war, far longer than World War II. needed to fight tomorrow.

VerDate Aug 31 2005 01:08 May 03, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.049 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4318 CONGRESSIONAL RECORD — HOUSE May 2, 2007 b 1315 I would also note, since he has ex- sponsible redeployment of American It is absolutely essential that Amer- pressed concern about our microman- forces who are mired in a civil war. ica, the last remaining superpower on aging the war, I would simply say we It is our duty now as the elected rep- Earth, continue to be a voice for peace have had the administration providing resentatives of the people to try to and a beacon of freedom in our shrink- us with bad intelligence. We have had override the President’s veto even ing world. Walking away would further the administration demonstrating bad though we may not succeed, and even signal to Syria, Iran, Afghanistan, and judgment in saying we would be wel- as we prepare to meet with the Presi- others that the United States is no comed with open arms. We have had dent today to discuss next steps. That longer committed to a successful out- them demonstrate bad judgment in ig- is our responsibility. We intend to do come in Iraq. noring General Shinseki’s warnings it. Before closing my remarks, I want to about the number of troops that would Mr. Speaker, I believe our President, express my disappointment and dismay be needed to pacify a postwar Iraq. We who was wrong 4 years ago when he at yesterday’s political and theatrical have seen bad judgment in the Presi- stood under a banner announcing ‘‘Mis- sion Accomplished,’’ is wrong again. display by Speaker PELOSI and Senator dent’s refusal to talk to the Syrians The escalation of American troops in REID. and the Iranians. We have seen bad The delivery of this conference report judgment all across the board for the Iraq does not represent a change in this to the White House was intentionally last 4 years. It seems to me that we are administration’s failed policy. In fact, delayed so the President’s veto would badly in need of having some kind of it is the fourth time we have escalated coincide with the fourth anniversary of management to that war, and if it is troops. In fact, it has been tried, unsuc- the President declaring ‘‘Mission Ac- not going to come from the executive cessfully. The President’s claim last night that complished.’’ This display in sending branch, then the only alternative is for ‘‘We’ve begun to see some important the supplemental to the President was the Congress to express its views. results’’ is unfortunately contradicted a deliberate and shameful attempt at Mr. Speaker, I yield 1 minute to the by the facts. I wish it were true. I want scoring political points solely at the distinguished gentleman from Mary- to succeed in this effort, although what expense of our troops. land, the majority leader, Mr. HOYER. success is is ill-defined or not defined Mr. Speaker, this veto has been an- Mr. HOYER. I thank the gentleman by the President. ticipated for some time. The majority for yielding. Mr. Speaker, at the outset, let me In fact, Iraq is wracked by violence, party has had ample time to plan and comment on the ranking member’s ob- including massive car bombs, almost prepare for the next step. Passing a servation about political posturing. daily. The U.S. death toll in April of clean supplemental free of arbitrary First, let me say I wonder what the 104 made last month the deadliest of deadlines and excessive spending is ob- President was doing standing in front the year and the sixth most lethal viously the path we should be fol- of that sign saying ‘‘Mission Accom- month since the war started, notwith- lowing. plished’’ on that aircraft carrier with standing this increase in troop pres- There is $20 billion, $20 billion, in taxpayers’ dollars. Let me suggest to ence. this package unrelated to the war ef- you that he was politically posturing, Senator HAGEL, who recently re- fort and the gulf coast recovery. That trying to take credit for a great vic- turned from Iraq, stated: ‘‘This thing is money is designated as emergency tory that occurred 4 years ago. No one coming undone quickly, and the Maliki spending. Every nickel of this unre- in America believes that the mission government is weaker by the day.’’ lated spending should be removed from has been accomplished. No one in And the Special Inspector General for the emergency supplemental. All this America thinks we have had a success. Iraq Reconstruction just reported: spending should be debated in regular Let me say that it was totally appro- ‘‘The U.S. project to rebuild Iraq re- order through the fiscal year 2008 ap- priate for the Speaker and for the ma- mains far short of its targets, leaving propriations process. jority leader in the United States Sen- the country plagued by power outages, In closing, I say to my colleagues on ate to sign a bill and let the public inadequate oil production and short- the other side of the aisle: You’ve made know that this is what the Congress be- ages of clean water and health care.’’ your point. You’ve had your dog-and- lieves. I suggest to my friend, in that con- pony show. You have posed for political My friend may think political pos- text, the Congress ought to be impact- holy pictures on TV. Now what is your turing is taking responsibility, which ing on the policies that are being pur- plan to support the troops? is our constitutional duty, as opposed sued that are not succeeding. It is time to put the posturing and to simply rubber-stamping what the Finally, let me say, and I call the at- political stunts aside and do what is in President wants done. There has not tention of my friend, the ranking mem- the best interest of our troops. It is been any question asked for the last 4 ber, to this because he referenced this. time to do the right thing and pass a years by this Congress. There has not The President’s claim last night that clean emergency supplemental free of been any interposition of a correct pol- this legislation ‘‘substitutes the opin- arbitrary deadlines and arbitrary icy as opposed to the President’s failed ions of politicians for the judgment of spending. It is time to support our policy. our military commanders’’ is totally Commander in Chief and sustain the We don’t see that as political pos- inaccurate. President’s veto. I strongly urge a turing, I tell my friend—we see it as But let me tell you what is not inac- ‘‘no’’ vote. exercising the constitutional duty that curate is that our military com- Mr. Speaker, I reserve the balance of the American public expects us to do as manders have made none of the deci- my time. their independent representative. sions on the policies we have been pur- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE This is only the second veto. Why is suing in Iraq, and that is the tragedy. The SPEAKER pro tempore. Mem- it only the second veto? Because you The decisions have been made not by bers on both sides of the aisle are re- wouldn’t pass anything the President military men and women, but by the minded that remarks in debate should didn’t want. That is not the role of the President, by Mr. CHENEY, by Mr. be directed to the Chair and not to oth- Congress of the United States. The role Rumsfeld, by Mr. Wolfowitz, and, yes, ers in the second person. of the Congress of the United States is by Mr. Bremer. Mr. OBEY. Mr. Speaker, I yield my- to make policy. That is what article I We have seen nothing, I tell my self 11⁄2 minutes. says. That is what we are doing. friend, but a series of political deci- The gentleman expresses his concern Mr. Speaker, regrettably, the Presi- sions made on this war over the last 4- about funding designated as emergency dent has chosen not to follow the will plus years; would that it have been spending. In fact, I would point out of the American people and bipartisan otherwise. We do not seek to micro- that the President himself asked for majorities in the House and Senate by manage our military, which has done the antiflu money that we put in this vetoing legislation that fully funds our everything we have asked of them. bill. The President himself asked for troops in Iraq and Afghanistan, that Rather, we do continue to question the that money 2 years ago as an emer- holds the Iraqis accountable for mak- decisions of top administration offi- gency request. ing progress, and that calls for a re- cials, including, yes, the President,

VerDate Aug 31 2005 02:21 May 03, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.051 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4319 whose judgments regarding this war regular appropriations process. It was a Things are getting worse rather than have proved repeatedly, almost with- bad bill. You porked it up and slowed it better. out exception, wrong. down. The British Broadcasting Corpora- Indeed, it is ironic that the President Number four, the veto was the right tion and the American Broadcasting makes this claim when, in fact, we are thing to do. The President is not pop- Corporation just completed an exten- mired in Iraq, because politicians who I ular. We all know that. But isn’t it re- sive survey of Iraqis. It turns out that have just referenced made decisions freshing that the President is doing the 82 percent have lost confidence in U.S. that prove to be wrong and did not lead right thing even though it is unpopular policy in Iraq, that 86 percent have lost to success. because he is putting the interest of a member of their household due to vi- Mr. Speaker, this Congress must not our country above that of his party or olence, and the majority feel that this continue to simply rubber-stamp this even this moment doing the right policy is ineffective, and in fact, they administration’s request. Our Found- thing? That is leadership. were better off under Saddam Hussein ing Fathers did not think that was our Our distinguished Speaker came and than under the American occupation. role. They thought our role was to said a few minutes ago that she was Mr. Speaker, the State Department make independent judgments on the substituting the President’s judgment just reported that the number of ter- people’s behalf and have the courage to for her judgment. And I say respect- rorist incidents has gone up by 25 per- pass legislation reflecting that judg- fully to our Speaker, I have served cent, most of them in Iraq. ment. under three Speakers. She has her con- This policy has been a failure. I urge This legislation responds to the will stitutional role, and it is not the Com- a rejection of the President’s veto of of the American people and sets forth a mander in Chief. She is the Speaker, this bill. This bill will set the course policy to take us in a new direction not the Commander in Chief. She is that the American people are demand- that requires Iraqi responsibility and also not General Petraeus, and this is a ing. the pursuit of the political solution wrong-headed approach. We can do bet- Mr. LEWIS of California. Mr. Speak- that General Petraeus and the Iraq ter. er, only because we are rambling on Study Group say was essential if we Lastly, the solution is for the leader- time, could I have a check of time, were going to succeed. ship to go and sit down with the Presi- please. Mr. Speaker, I urge my colleagues dent of the United States and put our The SPEAKER pro tempore. The gen- from both sides of the aisle: Listen to troops above our parties. Clearly ask: tleman from California (Mr. LEWIS) has What do you require? the American people, fully fund our 181⁄2 minutes remaining. The gentleman troops, hold the Iraqis accountable, b 1330 from Wisconsin (Mr. OBEY) has 17 min- support responsible redeployment of The President should clearly ask utes remaining. American troops. Vote to override this what can I do for the Congress, and Mr. LEWIS of California. Mr. Speak- veto. let’s not go through this again. er, I am proud to yield 4 minutes to the Mr. LEWIS of California. Mr. Speak- My nephew is on his way to Iraq, as gentleman from California (Mr. er, I yield 3 minutes to the gentleman many Members of this House know. DREIER), the ranking member on the from Tennessee (Mr. WAMP), a member Let’s make sure they have what they Rules Committee. of the Appropriations Committee. need. Let’s not give up here. We don’t Mr. DREIER. Mr. Speaker, I thank Mr. WAMP. Mr. Speaker, I want to need another Somalia. We don’t need my California colleague and congratu- make five points. another Beirut. We don’t need to lose late him on his stellar leadership on First, we need to realize that this this war. We need to stay and improve this and a wide range of other issues. threat is real. And I say to the mem- and do better and come out with our As I came to the floor just as our col- bers of the Get Out of Iraq Caucus that head up. league the distinguished majority lead- if we were not in Iraq tomorrow, this Mr. OBEY. Mr. Speaker, I yield 2 er, the gentleman from Maryland, was threat is not going away. We don’t minutes to the distinguished gen- addressing this House and he talked spend enough time focusing on this tleman from Virginia (Mr. MORAN). about politicization of statements that fact that the jihadists within Islam are Mr. MORAN of Virginia. I thank the have been made, I will tell you, Mr. insulated within the Islamists and the distinguished chairman of the Appro- Speaker, when Saddam Hussein was moderates, and there is not enough priations Committee. toppled, it was not a celebration of one confrontation from them to each other. Mr. Speaker, when the President ve- political party over another. It was not This threat is mounting globally. It is toed this bill, he said it was because he even a celebration just of Americans. It spreading. Europe is basically lost. And felt that decisions like this should be was a global celebration over the fact I don’t want America to end up alone, left to the military, not the politicians. that we took this butcher who had but this threat is not going away, and But Mr. Speaker, the fact is that when murdered literally hundreds of thou- we need to know it. the President declared that Iraq was sands of his people, and we brought his Former Senator Fred Thompson said part of the global war on terrorism, reign of terror to an end, and that was here 2 weeks ago, and he is right, that there was not one single military offi- worth celebrating. when we do leave Iraq, it is either cer who agreed. That was a political Now, what we saw yesterday was going to be a dangerous world or a decision made in the White House to go nothing but partisanship because we more dangerous world, and it depends into this war. Had he listened to the know there is a real divide here. We on what we do in Iraq as to whether it military, we wouldn’t be in this war. know that the country is divided, and is dangerous or more dangerous, and Mr. Speaker, the fact is that none of we know and the President of the this legislation is at the heart of that us have been asked to sacrifice any- United States, Mr. Speaker, has ac- challenge. thing in pursuit of this war. The sac- knowledged that mistakes have been Number two, words matter. The ma- rifice has fallen exclusively on the made, and we have gone through real jority leader of the United States Sen- backs of our military and their fami- difficulty. ate saying that the war is lost was on lies. I also heard the majority leader talk the front page of al-Jazeera in Arabic. Mr. Speaker, this week, the 2,108th about the fact that there is no defini- That is not good for our country, not in child was told that they will never see tion of victory. Mr. Speaker, it has this conflict or the future. Words mat- their mommy or daddy again because been very clear from the beginning vic- ter. they will never return from Iraq. How tory consists of two factors that are Number three, this legislation was many more children have to lose their very important. First, we need to make flawed. We said it early on. You parents before this policy is reversed, sure that we have an Iraqi military shouldn’t have this kind of micro- Mr. Speaker? 3,351 American soldiers force, the ISF, the Iraqi security force, management, tying the hands of the have lost their lives. More than 24,000 able to defend the country, and we need generals, telegraphing retreat, and have been seriously wounded. This past to make sure that there is a govern- then adding a bunch of extraneous month, more than 100 soldiers lost ment that can govern the country. matters to this legislation that should their lives, the deadliest month on Those are the two items that have go through the regular order and the record. been placed forward. That is all we

VerDate Aug 31 2005 02:21 May 03, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.052 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4320 CONGRESSIONAL RECORD — HOUSE May 2, 2007 want. We have seen self-determination the administration has never funded kinds of articles saying we’re going to take place with three elections that this war on the books. The people who get out, and you guys are giving them have taken place in Iraq. We have seen, will pay for this are the sons and the all the information they need to know I believe, positive news come forward. daughters of the men and women in the that they can prevail if they wait us Now, Mr. Speaker, we constantly military who are now fighting it. That out. If they do, we’re going to have hear people describe this as the Bush is wrong and irresponsible. more terrorist attacks here in Amer- plan. We hear the litany of others, and Number 2, the military has done its ica. They’re waiting for us to get out so as my friend from Tennessee (Mr. job. They were asked to get rid of Sad- they can focus all their attention on WAMP) just said, we know that the dam. He’s gone. Find weapons of mass the United States and our allies. President is not terribly popular. The destruction. They don’t exist. And We must not do this, and that’s why President knows that he is not very allow Iraq to have democratic elec- we should sustain the President’s veto. popular. He likes to say everyone likes tions. They have had three. Mr. OBEY. Mr. Speaker, I yield my- to be loved, but I would rather be right Third point, the President says ‘‘no’’ self 30 seconds. than be loved. to timetables. Of course we must have I would simply point out to the gen- So we know that the President obvi- timetables. How else to hold the Iraqi tleman who just spoke that the bill be- ously does not have a high approval politicians responsible? They have to fore us specifically allows our troops to rating right now, but he is doing the have an oil law. They have to renounce continue to go after al Qaeda in Iraq, right thing. He is doing the right thing, sectarianism in the security force. And even after they are repositioned out of and I believe, Mr. Speaker, that this the only way that we are going to stop fighting that miserable civil war. goal is a very valiant one and a very, asking our military and our taxpayers I would also simply say, the gen- very important one for us to pursue. to referee a civil war and to finance it tleman asks ‘‘What do you think al We have to bring about some kind of is by having the President of the Qaeda thinks.’’ I think al Qaeda wants bipartisan resolution. United States do what he must do and us to stay in Iraq. It is clear from the I am very pleased to have indications say we want accountability from the beginning that they were happy that come from our friends on the other side Iraqi political leadership. we went there, that we got sucked in of the aisle about the fact that we are Mr. LEWIS of California. Mr. Speak- there, because we have served as a re- going to provide important funding for er, I am pleased to yield 2 minutes to cruiting poster for al Qaeda. That is our troops. We have to do that. That is the gentleman from Indiana (Mr. BUR- what al Qaeda thinks. absolutely essential, but we need to re- TON). Mr. LEWIS of California. Mr. Speak- alize that we are in the midst of a new Mr. BURTON of Indiana. Mr. Speak- er, I am proud to yield 3 minutes to the strategy. er, I thank you very much and I thank gentleman from Missouri (Mr. BLUNT), I had the opportunity to talk with the whip for allowing me to go at this the Republican whip. my good friend Mr. MURTHA, the distin- time. Mr. BLUNT. I thank the gentleman guished chairman of the Defense Ap- Let me just say I remember my Dem- for yielding. propriations Subcommittee, the other ocrat colleagues after 9/11. They, along We all know that in a few minutes day, and we agree that we have got to with us, were one voice saying we’re the President’s veto will be sustained. come to some kind of bipartisan resolu- going to go after these terrorists, no We didn’t all figure that out this morn- tion of this. matter where they are; no matter how ing. We didn’t all figure that out last But the important point that needs long it takes, we’re going to get them. week. We didn’t even all figure that to be made, as we hear the names of The terrorists attacked the World out last month. We’ve known that these unpopular people, Wolfowitz, Trade Center, the Cole, our barracks. since the very start of this debate, 90 Rumsfeld, Bush, thrown out there, we They’ve attacked us many times. They days of debate at a time when there are have to realize again that this is a new attacked us once before at the World real consequences for our troops. strategy, and this is the Petraeus plan. Trade Center. And al Qaeda has at- There are consequences, we are told It was Dave Petraeus who last week tacked in France, England, Spain, In- this week, in the preparation for troops said, before a large bipartisan gath- donesia, and elsewhere. going to Iraq and action. There are ering of Members, that Iraqis today are Now, the leader of the military wing consequences of maintenance on bases fighting and dying for their country. of the terrorists in Iraq is al Qaeda. in this country. There are con- And it was Dave Petraeus who said, let He’s the guy that’s going to lead the sequences in the way we are dealing us have until September, at which time fight to make Iraq an Islamic State, a with our equipment and our repairs, I will report back with my colleagues jumping-off point for terrorism around and we have taken 90 days to get to to the President of the United States the world, al Qaeda, the same ones that this point so we can start all over and the Congress. attacked the World Trade Center and again. I talked to, just day before yester- these other things. I hope when we start all over again day, a very strong supporter of Mr. I can’t understand how my colleagues this afternoon that we will start all KERRY’s when he was running for Presi- on the other side of the aisle, knowing over again with a commitment to get dent, a strong, committed Democrat, al Qaeda is in charge over there, the this job done as soon as possible, rather and he said that he believed that estab- military wing of the terrorists, know- than to take as long as possible. It does lishing some sort of artificial timeline ing that they want to destroy us, matter. The message we send to the would be wrong. knowing that Osama bin Laden said he world matters. The message we send to The President described it last night wants to destroy America, that you our troops matters. This bill needs to following issuance of his veto that it want to pull out, that you want to tell be as clean as possible. It needs to be clearly would be a prescription for de- them exactly when you’re going to straightforward. feat, and I believe that we need to leave. There are things in this bill that in make sure that, again, as Dave We’re going to start moving in 4 another bill I could support. There are Petraeus said, since Iraq is the central months. We’re going to be out of there things in this bill I couldn’t support in front in the battle against al Qaeda, we in 12 months. You want to cut our any bill, but there are things here that need to keep it there. troops off at the knees, and do you should be done that have nothing to do Mr. Speaker, sustain this President’s think al Qaeda is not going to be happy with this bill. I don’t know why they veto. Let’s come together and provide about that? What do you think Iran is were put on. Maybe they were put on to the necessary funding for our men and thinking right now? What do you think try to see if the majority could get the women in uniform. Syria is thinking right now? What do last votes necessary to pass a bill that Mr. OBEY. Mr. Speaker, I yield 1 you think al Qaeda is thinking right has restrictions on the military that minute to the distinguished gentleman now? They’re thinking we don’t have this Congress should never have ad- from Vermont (Mr. WELCH). the guts to go get ’em, and so they’re vanced to the President’s desk. Mr. WELCH of Vermont. Mr. Speak- encouraged. The President has vetoed. We will up- er, three points. First, why is this an Al Jazeera was mentioned just a hold that veto. Let’s work together emergency? It is an emergency because minute ago. That paper has got all now to get the job done to support the

VerDate Aug 31 2005 03:54 May 03, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.055 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4321 troops in Afghanistan, in Iraq and ev- Mr. HUNTER. I thank the gentleman Mr. Speaker, I yield 2 minutes to the erywhere else around the world who for yielding. distinguished gentleman from New Jer- are feeling the consequences of this 90 Mr. Speaker, I think it’s important sey (Mr. ANDREWS). days we have already taken. to interpret this debate. I have heard (Mr. ANDREWS asked and was given I will work with you. I hope you will the Speaker talk about redeployment permission to revise and extend his re- work with us. We need to get this job and say that there is a lot of discretion marks.) started. that is left to the administration. Mr. ANDREWS. Mr. Speaker, by vetoing this bill, the President refuses b 1345 There is no discretion. The dates of so- called redeployment are defined. You to sustain the troops that we have sent Mr. OBEY. Mr. Speaker, I yield 2 either start going out July 1 or October to Iraq. Every dollar they need, every minutes to the distinguished gen- 1. Redeployment means withdrawals. ounce of protection they need, and the tleman from Texas (Mr. DOGGETT). If generals do not start redeploying, health care they need when they come Mr. DOGGETT. I thank the gen- do not start withdrawing from the bat- home is in this bill that he has vetoed. tleman. tleground, you can bet Democratic We refuse to sustain a failed, endless Mr. Speaker, I believe our Repub- leadership will be here pulling them policy that takes us nowhere. lican colleagues are correct. This Con- into hearings, asking them why they The President refuses to acknowledge gress spoke with one voice on the war didn’t saddle up their brigades, their the reality that we have sent our sons on terrorism, and we continue to do so. battalions and their divisions and start and daughters to be referees in a Indeed, if President Bush had pursued to move them off the battlefield. So bloody civil war. We acknowledge that the war on terrorism and the perpetra- let’s get this straight. This is about reality, and we want to stop it. tors of 9/11, instead of getting diverted withdrawing from the battlefield. The President refuses to acknowledge to Iraq, which had nothing to do with Listening to this debate, and listen- the comments of General Petraeus, 9/11, then when he hoisted that ‘‘Mis- ing to the controversy and the state- who says that ending this civil war is a sion Accomplished’’ banner four years ments by Democratic leadership that political mission, not a military one. ago, it would have had meaning. have preceded this vote today, there is We acknowledge that reality, and we Instead, we have a burn rate of $10 a constant theme: Somehow American provide the tools to achieve success in billion every month in Iraq, $14 million soldiers and marines are victims. They that political mission. every hour, 24 hours a day, 7 days a are victims of extended tours; they are Today the President has refused to week, every week, every month of the victims, the last gentleman said, they acknowledge the will of the American year. More importantly, the real burn claim, of not getting enough health people, but we are expressing the will rate is in the loss of more than 3,300 care. They are people that have been of the American people. We will vote to override this veto, American lives, brave men and women victims in the war against terror. and the result will obtain. But we will over there fighting for our country; 96 Let me tell you, I have seen the never yield, never quit, never back up percent of those deaths, almost all of timelines that are given, the 270 days in this effort to change this failing pol- them, lost their life after President for Marines, the 365 days. A number of icy and bring our troops home from Bush declared ‘‘Mission Accom- them have gone through one, two, Iraq. plished.’’ three and sometimes four tours. Our Vote to override this veto. Today, the President can veto our at- Americans, and that includes my son, tempt to secure a safe, orderly, phased Mr. LEWIS of California. Mr. Speak- who is deploying now for the third er, could I inquire about the amount of redeployment of our troops from Iraq, time, will not fail, they will not crack, but he can’t veto reality. Our troops time. they will not stretch. They will hold, The SPEAKER pro tempore. The gen- are coming home. It’s just a question and they will carry out this mission tleman from California has 8 minutes of what price is paid in blood and against terrorists. remaining. The gentleman from Wis- money before that happens. We are right now in the second phase consin has 111⁄4 minutes remaining. The President talks about listening of a program we have used for 60 years Mr. LEWIS of California. Mr. Speak- to the commanders and the generals. I to stand up free governments around er, I am proud to yield 3 minutes to the wonder if he was listening to General the world. You stand up a free govern- gentleman from Georgia (Mr. KING- William Odom, the former National Se- ment. We have done that. STON). curity Agency Director, last Saturday Secondly, you stand up a military ca- Mr. KINGSTON. I thank the gen- when he said the President has let the pable of protecting that free govern- tleman from California. Iraq war proceed on ‘‘automatic pilot, ment. That is a second stage. That is a Mr. Speaker, I think that we have to making no corrections in the face of stage we are in right now. sustain this veto today. I think it’s the accumulating evidence that his strat- Thirdly, we leave, because America right thing to do, because I think we egy cannot be rescued.’’ doesn’t covet anything that another need to go back to the drawing board If the President had listened to the nation has. on this. Number one, the President generals, we would never have gone We are in the second stage right now. does have the constitutionally defined into Iraq in the first place. It was Gen- It’s tough, and it’s difficult. This is a duty to fight wars, to direct the mili- eral Schwarzkopf who said, we would tough, difficult mission, but it is a mis- tia, particularly in a time of war, and become ‘‘like [a] dinosaur in a tar pit.’’ sion that we can accomplish. I think that we are getting into a posi- If he had listened to the generals like I am reminded, lastly, that the tion where we have a lot of folks on General Shinseki, if he had insisted on Speaker talked about stopping the war. Capitol Hill, perhaps as high as 535 of going into Iraq, he would have sent That is how she described this bill. The us, who think we can run the war more enough troops to get the job done and Democratic leadership does not have than the Commander in Chief. not turned over all those weapons the power to stop the war against ter- I think we have to recognize that dumps to be converted into IEDs. ror. All they have the power to do is to constitutionally the President has to If he had listened to the generals, he leave the battlefield. That would be a do that. I think the President really would have provided our veterans with disaster for the United States of Amer- has to veto this bill. It’s as much for the health care that they have earned ica. the preservation of the office as it is and deserved instead of subjecting Mr. OBEY. Mr. Speaker, I yield my- for his own personal views today. them back here to the facilities and self 20 seconds. I think, secondly, while the bench- care they found in the United States. I would also observe that our soldiers marks themselves make sense, and The generals who disagree with this don’t have the power to require Iraqi there is a lot of bipartisan agreement President earn a new title: Retired. politicians to quit killing each other on the benchmarks, there is also great Mr. LEWIS of California. Mr. Speak- and make the diplomatic and political division as to can these benchmarks be er, I am proud to yield 3 minutes to the compromises necessary to end this achieved by the dates outlined in the former chairman of the Armed Services civil war. Only Iraqi politicians have bill. Committee, DUNCAN HUNTER of Cali- that, and we are trying to send them a One of the things General Petraeus fornia, now the ranking member. message with this bill. said to Congress last week is that the

VerDate Aug 31 2005 02:21 May 03, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.057 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4322 CONGRESSIONAL RECORD — HOUSE May 2, 2007 new Government of Iraq, and keep in apples, we are going to have conflicts and elsewhere is, why is Iraq impor- mind, this is the fourth election that or concern, we hope none, but in the fu- tant? Why is winning in Iraq so impor- they have had and the first permanent ture. tant? government, but one of the things they Readiness is a major part of it. The In my view, and in others, al Qaeda need, as much as anything, is our push. testimony is that a large, large per- has made Iraq the central front in their This bill serves to push them. But it centage of our equipment, Active Duty, war with us. Those aren’t my words, also needs our assurance, our assurance National Guard and Reserve for the those are their words. They started that we will be with them through this Army, is in the Middle East. It’s not this war when they attacked us all process. here; it’s not available for training. through the 1990s and when they at- If you pointed out in 1870 would What is over there, of course, because tacked us in New York City on 9/11. America be in a position to pass major of the sand, the conditions and the And while we went to Iraq to take civil rights legislation, we would not be usage, is getting worn. out Saddam Hussein and to help build at that point. The Government of Iraq I truly worry about the training and a more stable, democratically-elected might not be ready to bring in all the the equipment for our Army and for nation in that part of the world and Baathists or to the level in which we our Marines in particular, because we bring more stability there, it has would like to see it done by July or by don’t know what the future holds. That turned into much more than that. October, and so I think that we have to is where the spotlight ought to be on According to the Memorial Institute give them a little more assurance that this legislation, the positive aspects of for the Prevention of Terrorism, a non- we’re going to push you, but we’re not it in preparing the readiness for tomor- profit organization funded by a grant going to pull the rug out from under row as well as for the readiness of from the Homeland Security Depart- you. today for the groups that are going ment, Iraq today is home to 77 dif- I think that we, on this committee, over time after time, whether it be for ferent terrorist organizations. They the defense committee, the Appropria- 12 or for 15 months. have made this, they have made Iraq tions Committee, which historically is My hats off to those young people in the central front in their war with us. known for getting things done at the uniform. It’s our job to maintain them We all know that there is a growing end of the day, often have friends say and take care of them. This bill would movement around the world of radical to me, as a Republican, but I often have done that. Islamic terrorists that want to kill have the question asked to me, we Mr. LEWIS of California. Mr. Speak- Americans and want to kill our allies. know you’re a Republican, and we er, I believe that both of us are coming They are operating all over the world know you can be partisan, but do you very close to the end of our time. and they are attacking people all over do things bipartisanly? Mr. OBEY. We are ready for our sum- the world. Just think about where they I am always proud to say, you know, mary statement. have been over the last several weeks, the number one committee that I serve Mr. LEWIS of California. As we do whether it was Bangladesh last night on, which I also think is the number that, why don’t we just join together, or elsewhere. They are continuing their one committee in the House, is a very as we approach our closing speaker, efforts to try to gain control of the bipartisan committee. Now, we will de- and express our appreciation, is that world, and part of that effort is aimed bate things, gun control, abortion, all right with you, to the staff of both directly at us. Americans, freedom lov- things, always are putting riders, envi- sides? ing people, up against people who don’t Mr. OBEY. Absolutely. ronmental stuff, on our bill. Yet we want freedom for people, that want to Mr. LEWIS of California. A fabulous clash about it in committee time and impose radical Islamic law on all of us. job has been done on this. I am very time again on ideological, principle- And so they have made Iraq the central proud of the people over here. I know based positions. Yet at the end of the front in their war with us. you feel the same, and presuming that day, we know that the bill has to be And if we walk out of Iraq, if we you would like to have me yield, I passed, because if you don’t get the ap- don’t give this plan a chance to suc- would be happy to. ceed, we encourage the terrorists. We propriations train to the station, the Mr. OBEY. I would simply say that I will encourage them. They will be able government shuts down. appreciate the work that the staff has to recruit new people all over the I think at this point, the Appropria- done on both sides of the aisle, and the world. They will have a safe haven in tions Committee can go back to the work that they will continue to do. It’s Iraq itself. We will destabilize the en- drawing board and come up with some- going to be a long time before this tire Middle East, including the very ex- thing that is still based in principle issue is disposed of. I appreciate the istence of Israel. And who doesn’t be- that both sides can respect. But it does fact that they worked, literally, night lieve that if we don’t deal with the ter- put the troops forward, as we do have and day to bring us to this point. strong bipartisan basis to want to do Mr. LEWIS of California. Mr. Speak- rorists in Iraq, that we won’t be deal- right now, but it would also take care er, I am very proud to yield 1 minute to ing with them on the streets of Amer- of some of the politics of Iraq and the the Republican leader of the House, ica? That is why Iraq is important. And if we are not willing to stand up to the diplomacy. For that reason, I think we JOHN BOEHNER of Ohio. have to vote to sustain the veto. terrorists and defeat them in Iraq, Mr. OBEY. Mr. Speaker, I yield 2 b 1400 when and where will we draw the line minutes to the distinguished chairman Mr. BOEHNER. Mr. Speaker, my col- to protect the American people, our ul- of the House Armed Services Com- leagues, the President was right to timate responsibility? mittee, the gentleman from Missouri veto the bill that we have before us. We have a serious responsibility, and (Mr. SKELTON). And I believe that the House today will there is no greater responsibility for Mr. SKELTON. I thank my friend sustain the President’s veto because those of us who serve in this Chamber, from Wisconsin. the bill that we have before us that is than to provide for the safety and secu- Mr. Speaker, it really depends on purportedly there to pay for our efforts rity of our constituents and our people where you put the spotlight. The spot- in Afghanistan and Iraq and other in our country. light has, unfortunately, been on some issues, in my opinion, ties the hands of So tell me, if we are not going to goals or a goal to redeploy troops, our generals and our troops on the stand up to them in Iraq, if we are not when truth in fact the spotlight of this ground and almost mandates failure in going to take them on in Iraq and de- legislation should have been and should Iraq. feat them there, when and where will be on the readiness of the troops of the I think it is time for us to work we do it? United States. I am truly concerned across the aisle to produce a clean bill And the fact is, is that our troops are about the readiness, let me tell you. that the President can sign into law to doing a great job in Iraq under very dif- In the last 30 years, there have been sustain our efforts in Afghanistan and ficult circumstances. They deserve the 12 military contingencies in which the in Iraq, and to make sure that at the support of all the Members of this United States military has been in- end of the day we have victory. House. volved. If this means anything in the The fundamental question that we And so I say to my colleagues, it is future, sure as God made little green are all dealing with in this Chamber time for the games to stop, it is time

VerDate Aug 31 2005 02:21 May 03, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.061 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4323 for the political points to be taken off more than the President requested. We One of the provisions we put in this the board, and it is time for us to sit are adding $2 billion to address train- bill was a provision that said you can’t down as Members on both sides of the ing and equipment shortfall. deploy troops unless they are trained aisle and give the President a clean bill The chairman of the Armed Services and equipped. You can’t deploy troops that funds our troops in Iraq and Af- Committee talked about readiness. unless they’ve had at least a year at ghanistan, that furthers our effort to Right now, we have a tremendous home. Now, more and more I am see- take on the terrorists and defeats shortfall of equipment. We have no ing, they are saying that’s the most them, and doesn’t do it with some $20 strategic Active Duty Reserve in this important provision in this bill. They billion worth of excess spending that country. And we put extra money, we need a year at home to recuperate from has nothing to do with this bill. put $2 billion in to start to replenish their deployment; they need a year at I urge my colleagues to sustain the the strategic reserve. home to retrain and to get ready to President’s veto. This conference proposes to fully make another deployment. The Sec- Mr. LEWIS of California. Mr. Speak- fund the President’s request to train retary of Defense made that decision, er, I yield back the balance of my time. and equip Iraqi and Afghanistan and we appreciate him making that de- Mr. OBEY. Mr. Speaker, the gen- troops. If you vote against this bill, if cision. But at the same time, because tleman who just spoke said that with- you vote for the President and to be of the policy of the White House, he drawing from Iraq will destabilize the loyal to the President, you’re voting had to make the decision, in order to Middle East. The President’s policy has not to include $25.6 billion in equip- sustain this deployment he had to already destabilized the Middle East. ment purchases, $800 million above the make the decision to extend them to 15 He says that this policy endorses fail- President’s request. months. I hear rumors that he is going ure. The fact is that the only endorse- If you vote against this bill, you’re to extend them for 18 months. ment of failure comes on the part of voting not to allocate $3 billion to pur- The troops that I talked to, the those who will vote to continue the chase the mine resistant, new vehicle troops that I talked to just recently, President’s existing policy, because the with the V-shape which resists the IED, were very frank with me. I said, ‘‘Look, President’s policy in Iraq has been a 4- one of the most important pieces of we want to help in any way we can. year failure. equipment that we will send to Iraq. Tell us what the problems are.’’ And We need a change in direction. The We put $400 million for Abrams vehi- they went through the myriad of prob- only question about the President’s cles, Abrams tank, and we put $768 mil- lems they have with these deploy- policy is whether it will produce a dis- lion for the Strykers. ments. Now, let me talk about defense aster or whether it will produce a ca- These are individuals. These are indi- health. Today, the Subcommittee on tastrophe, and I am afraid it will vidual people. They’ve got families. Defense just had a hearing on defense produce the latter. They have loved ones. One first ser- Mr. Speaker, I now yield the remain- health. Every single year, Dr. Chu, the geant said to me, ‘‘I hate to tell my der of my time to the gentleman from Defense Department shorts the health kids I have to go overseas again. I hate Pennsylvania (Mr. MURTHA). care system of $2 billion. Every year. to tell the kids.’’ One woman in Iraq, Mr. MURTHA. Mr. Speaker, we will Every year, the Congress has to make and this is in an article in The Wash- have appropriated in one year, $1.2 tril- it up. ington Post, she sighed and she says, lion. This bill that we are voting on We have extra money, we have $3.3 ‘‘This war is a war between the Iraqis,’’ today is called the Iraq Accountability billion for the defense health care pro- she said. Another soldier said, ‘‘We’re Act. grams; $2.1 billion above the budget re- just interfering and letting our soldiers Now, it’s fine to have loyalty to the quest. If you vote against this bill, die.’’ President of the United States. All of you’re voting against those requests. us know how important loyalty is; all $450 million for traumatic stress brain I have to say that when you say there of us know how important it is to be disorders; $450 million for traumatic is some success in Iraq, we had four of loyal to our friends, but there comes a brain injuries and post traumatic the deadliest months in the history of time when this independent Congress stress; $661 million to cover funding this 4-year war in Iraq. We had more has to stand up to the President of the shortfalls created by the Congress in people killed in the last 4 months than United States. having disapproved the Department’s any other period of time during this We will have appropriated $95.5 bil- proposed increase in health insurance war. We have had 330 killed since the lion. And if you vote against this bill, premiums; fees for military bene- surge started. And these are individ- you’re voting against that which is $4 ficiaries; $62 million for amputee care; uals. These are not numbers, these are billion more. You’re voting for loyalty $12 million for caregivers. This is an individuals. to the President, but you’re voting important point. For caregivers. We We have less electricity than we had against $4 billion more, $95.5 billion for heard from the Department of Health, before the war started, less oil produc- the amount for the Department of De- from the Defense Department about tion than we had before the war start- fense programs. the problem caregivers have. ed, less potable water, higher unem- If you vote for President Bush, you’re All of us go to the hospitals as often ployment. voting against $12.3 billion for military as we can. I get post traumatic stress We have a provision in this bill that personnel pay and benefits, everything seeing these young wounded people. I says the Iraqis have to take over this the President asked for. If you vote for am inspired by them. I see the families fight themselves. The Iraqis just loyalty to President Bush, you’re vot- when I went to Fort Bragg and Fort maybe killed one of the highest lead- ing against $1.2 billion, mostly to cover Stewart and Fort Hood. I admire them. ers. That’s what we want. We want to housing allowances which were left out I admire their discipline, I admire their give them the incentive to take over of the last bill. The total amount pro- courage. I admire their patriotism. But the security themselves. vided is $13.5 billion. If you vote for let me tell you something: They’re And let me say what’s important on President Bush and loyalty to Presi- burned out. They’re hurting. this floor of the United States Congress dent Bush, the conference committee If you vote against this bill, you’re and what’s important to the President has added $1.15 billion to cover the full voting not to give them the money of the United States: It is the national cost of housing allowances. The com- that they need. If you vote against security of the United States. That’s mittee has also added $2.3 billion to this, you’re voting against the provi- what’s important. It is important that cover the full cost of 36,000 Army sion that says no permanent bases in Iraq take over their national security, troops and 9,000 Marines. If you vote to Iraq. If you vote against this, you’re but our own need concerns me. Our be loyal to the President, you’re voting voting against 15 percent that comes strategic reserve is depleted com- against those troops. out of Defense for the contractors. We pletely, our troops are burned out, and When you talk about support the have 125,000 contractors in Iraq and we need to find a way to do a diplo- troops, I am talking about supporting there has been no oversight, and we matic effort, to put an all-out surge in the troops. Conferees recommend $50.4 had 2 months before we could even find diplomatic efforts in order to bring our billion for military operations even out about the contractors. troops home as soon as practicable.

VerDate Aug 31 2005 02:21 May 03, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.062 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4324 CONGRESSIONAL RECORD — HOUSE May 2, 2007 So I urge the Members to override with Osama bin Laden’s terrorist network de- Republicans have endorsed H.R. 1591; all of this veto, and start to bring our troops spite all evidence to the contrary. Last night, them oppose the President’s plan to escalate home as soon as practical. the President vetoed this legislation in favor of the war in Iraq. Take, for example, Maj. Gen. Mr. LEVIN. Mr. Speaker, today there are his failed strategy of stay the course. The John Batiste, U.S. Army (Ret.): two distinct messages coming out of Wash- leadership of this Administration continues to This important legislation sets a new di- ington. The first message is from a majority of be in a state of denial, and Congress must as- rection for Iraq. It acknowledges that Amer- the Congress and underscores impatience sert its rightful role in our nation’s policy- ica went to war without mobilizing the na- with the lack of political progress in Iraq. We making. I will vote to override this veto for a tion, that our strategy in Iraq has been trag- call for a new direction, including enforceable new direction in Iraq, and I urge my col- ically flawed since the invasion in March benchmarks for the performance of the Iraqi 2003, that our Army and Marine Corps are at leagues to join me in doing so. the breaking point with little to show for it, government. The other message is from the Ms. JACKSON-LEE of Texas. Mr. Speaker, and that our military alone will never estab- White House. The message the President is as a proud member of the Progressive and lish representative government in Iraq. The sending is that America’s military commitment the Out of Iraq Caucuses, I rise to announce administration got it terribly wrong and I in Iraq remains open-ended, no matter what. that I will proudly cast my vote to override the applaud our Congress for stepping up to their The President keeps saying that we’re mak- President’s veto of H.R. 1591, the ‘‘U.S. Troop constitutional responsibilities. ing progress in Iraq. This claim cannot be rec- Readiness, Veterans’’ Health and Iraq Ac- Maj. Gen. Paul Eaton, USA, Ret. supports onciled with the facts. Nearly everyone agrees countability Act.’’ By vetoing the bipartisan Iraq this legislation because it ‘‘gives General that there is no military solution possible in Accountability Act last night, the President ve- Petraeus great leverage for moving the Iraqi Iraq; rather, the Iraqis must make the political toed the will of the American people. The government down the more disciplined path compromises necessary to end the violence. President vetoed a responsible funding bill for laid out by the Iraq Study Group.’’ According But where is the progress on the bench- the troops that would have provided more to Major Eaton, the real audience for the marks that the President himself has en- funding for our troops and military readiness timeline language is Prime Minister al-Maliki dorsed? Where is the agreement to fairly than even the President requested. and the elected government of Iraq: share Iraq’s oil wealth among all of Iraq’s peo- By vetoing the Iraq Accountability Act, the The argument that this bill aides the ple? Where is the law reversing the disastrous President rejected a bill that reflects the will of enemy is simply not mature—nobody on the de-Baathification policy? Where are the prom- the American people to wind down this war. earth underestimates the United States’ ca- ised new election laws? Where is the progress By vetoing the Iraq Accountability Act, the pacity for unpredictability. It may further on amending the Iraqi constitution to address President turned a deaf ear to the loud mes- create some sense of urgency in the rest of longstanding Sunni concerns? The Iraqi gov- sage sent by the American people last No- our government, beginning with the State ernment has repeatedly promised action on all vember. Department. of these, but there is little forward movement I will vote to override the President’s veto Lt. Gen. William E. Odom, U.S. Army (Ret.), after many months. because the Iraq Accountability Act offers us President Reagan’s Director of the National Benchmarks are only real if there are con- the first real chance to end the misguided in- Security Agency, supports the bill because it sequences for failure to meet them. Back in vasion, war, and occupation of Iraq. It puts us gives the President a chance to pull back from January, the President said, and I quote, ‘‘if on the glide path to the day when our troops a disastrous course, re-orient U.S. strategy to the Iraqi government does not follow through come home in honor and triumph and where achieve regional stability, and win help from on its promises, it will lose the support of the we can care for him who has borne the battle, many other countries—the only way peace will American people—and it will lose the support and for his widow and orphan. This legislation eventually be achieved. of the Iraqi people.’’ But by vetoing the Iraq helps to repair the damage to America’s inter- Mr. Speaker, to date, the war in Iraq has Accountability Act, the President has made it national reputation and prestige. It brings long lasted longer than America’s involvement in clear that failure to follow through on the overdue oversight, accountability, and trans- World War II, the greatest conflict in all of benchmarks will not result in the loss of the parency to defense and reconstruction con- human history. But there is a difference. The White House’s support for this open-ended tracting and procurement. Finally, it places the Second World War ended in complete and war. responsibility for bringing peace and security total victory for the United States and its allies. From the beginning, the Bush Administration where it clearly belongs and that is squarely But then again, in that conflict America was has been wrong so many times about nearly on the shoulders of the Iraqi government. led by FDR, a great Commander-in-Chief, who every aspect of the war in Iraq. Now the Presi- Mr. Speaker, in vetoing the legislation, the had a plan to win the war and secure the dent comes to Congress again to ask for yet President claimed the Iraq Accountability Act, peace, listened to his generals, and sent another blank check. We should not give him H.R. 1591 would undermine our troops and troops in sufficient numbers and sufficiently one. I urge the House to override the Presi- threaten the safety of the American people trained and equipped to do the job. dent’s veto. here at home. Coming from an Administration As a result of the colossal miscalculation in Mr. ETHERIDGE. Mr. Speaker, I rise in sup- that has been wrong on every important ques- deciding to invade Iraq, the loss of public trust port of overriding the President’s misguided tion relating to the decision to launch the Iraq resulting from the misrepresentation of the veto of H.R. 1591, U.S. Troop Readiness, Vet- War as well the conduct of it, this claim is reasons for launching that invasion, and the erans’ Health and Iraq Accountability Act. We laughable. It is nearly as ridiculous as the breath taking incompetence in mismanaging need a new direction in Iraq. President’s often stated claim of ‘‘progress’’ in the occupation of Iraq, the Armed Forces and This legislation contains every penny the Iraq. The facts, of course, are otherwise. The the people of the United States have suffered President has requested for our troops in Iraq U.S. death toll in Iraq reached 104 for April— incalculable damage. and adds $4 billion more. The bill includes ad- making it the deadliest month of the year and The war in Iraq has claimed the lives of ditional funding for military health care and one of the deadliest of the entire war. It is 3,316 brave service men and women—64 in military housing and provides $1.8 billion not therefore little wonder that nearly 70 percent the first 16 days of this month. More than requested by the President to begin meeting of Americans disapprove of the way the Presi- 24,912 Americans have been wounded, many the unmet health care needs of veterans re- dent is handling the war. But more important, suffering the most horrific injuries. American turning from Iraq and Afghanistan. the President’s claim that the Iraq Account- taxpayers have paid nearly $400 billion to sus- As the Representative for Fort Bragg, I ability Act undermines our troops and threat- tain this misadventure. strongly support our troops, their families and ens the safety of the American people here at Mr. Speaker, it is time to hold the Bush Ad- their communities. Our superb military men home is simply not true. ministration and the Iraqi government account- and women have done everything that has Republican Senator CHUCK HAGEL recently able. This bill’s timetable and benchmarks fi- been asked of them and done it well. Amer- returned from Iraq and paints a bleak picture: nally hold the Iraqis accountable. As retired ica’s military victory in Iraq was achieved This thing is coming undone quickly, and Maj. Gen. Paul Eaton has stated, This bill when Saddam Hussein’s regime was toppled. [Prime Minister] Maliki’s government is weaker gives General Petraeus great leverage for But the Administration went to war without a by the day. The police are corrupt top to bot- moving the Iraqi government down the more plan to win the peace, and our military victory tom. The oil problem is a huge problem. They disciplined path laid out by the Iraq Study has been bogged down in a mindless occupa- still can’t get anything through the par- Group. The real audience for the timeline lan- tion led by bitterly stubborn politicians here at liament—no hydrocarbon law, no de- guage is Prime Minister al-Maliki and the home. Baathification law, no provincial elections. elected government of Iraq. Just last month, Vice President CHENEY in- Mr. Speaker, many of the Nation’s most Even Defense Secretary Robert Gates has sisted that Saddam Hussein had been allied highly respected generals and several leading noted that the timetable is helpful—and sends

VerDate Aug 31 2005 02:21 May 03, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\CR\FM\K02MY7.063 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4325 the message that ‘‘the clock is ticking.’’ Gates other potential challenges around the world than 4 years of the President’s stay-the-course said ‘‘The strong feelings expressed in the from Afghanistan, North Korea, and Iran to strategy in Iraq, we must provide a respon- Congress about the timetable probably have Latin America, the Horn of Africa, and the sible plan to redeploy our troops and require had a positive impact. . . . in terms of commu- greater Middle East. In particular, it will allow the Iraqi government to meet basic bench- nicating to the Iraqis that this is not an open- us to put our attention back on Afghanistan marks for stability. This bill presented that plan ended commitment.’’ and the fight against a resurgent al Qaeda and the President should have signed it into Mr. Speaker, in overriding the President’s and Taliban, the enemies who actually did en- law. veto, this House will be doing the business gineer 9/11. Last month, 4 years after the President de- and expressing the will of the American peo- Bringing troops home also allows us to re- clared ‘‘Mission Accomplished,’’ was the dead- ple. In the latest CBS News/New York Times solve the concerns about the readiness of our liest month for American troops in Iraq this poll, 64 percent of Americans favor a timetable Armed Forces, which have been strained to year. For too long, the Republican-led Con- that provides for the withdrawal of U.S. troops the breaking point because of this Administra- gress failed to exercise its Constitutional re- from Iraq in 2008. In the same poll, 57 percent tion’s careless management of the war in Iraq. sponsibility to hold the Bush Administration ac- of Americans believe that Congress, not the Only by extricating ourselves from the mess countable—with disastrous results for the President, should have the last say when it of Iraq can we begin moving our country back American people. No longer. comes to setting troop levels in Iraq. to a common-sense policy of strength through I have opposed the war in Iraq since its Mr. Speaker, in overriding the President’s leadership. Every day our military is in Iraq our start, and today with my vote to override the veto, Congress is fulfilling its constitutional re- standing in the international community erodes veto I was proud to vote once again to take sponsibilities and exercising the first check on further. our policy in Iraq in a new direction. More than the President’s power in 6 years. As Iraq Already we’ve seen respect for the United 4 years after the President declared the end of Study Group Co-Chairman Lee Hamilton has States plunge from record highs after 9/11 to major combat in Iraq, we suffered over 100 pointed out, The Founders of our Nation never record lows now. This loss of moral authority U.S. military casualties in April alone. We envisioned an unfettered president making compromises our ability to lead multinational must provide a responsible plan to redeploy unilateral decisions about American lives and efforts to fight national security threats from our troops and require the Iraqi government to military power. They did indeed make the terrorism and nuclear proliferation to global meet basic benchmarks for stability. president the commander in chief, but they warming and drug trafficking. Our country faces serious threats. There are gave to Congress the responsibility for declar- Our continuing military involvement in Iraq dangerous people in this world that seek noth- ing war, for making rules governing our land carries these steep costs with little prospect of ing more than to kill as many Americans as and naval forces, for overseeing policy, and of benefit. Only the Iraqis can bring about the possible. The number of people who died from course the ability to fund war or to cease fund- needed reconciliation in their country. Their my district on September 11th make me ing it. political leaders must take the difficult political Mr. Speaker, I urge all members to join me acutely aware of this dire threat. I was proud steps needed to cease the violence in their to vote for a bill that allows us to refocus our in overriding the President’s veto of Iraq Ac- country, by building coalitions among com- countability Act, H.R. 1591. This is the best military on that threat. That would allow us to peting sects, ensuring minority rights, bal- seek out, capture, or kill those who were re- way to ensure accountability to our soldiers ancing power between provincial and central who have been sent into battle without proper sponsible for September 11th or who currently governments, and sharing oil revenues among plot to kill Americans rather than police a civil training or equipment or a clear mission. It is all regions in Iraq. We simply cannot do this the best way to keep faith with our veterans war in Iraq. work for them. I’m disappointed that the President chose to who are not getting the best medical care By setting a deliberate timetable for rede- when they come home. Overriding the Presi- ignore the American people and veto the Iraq ployment, we force the Iraqi political leaders to Accountability Act. He should have signed this dent’s veto is essential to restoring our military acknowledge and accept that they are the that is being stretched to the limits by the bill, in order to get these needed resources to ones who must take steps to bring about an our troops and our veterans, hold the Iraqi Bush policy. Last, it is absolutely necessary to end of the sectarian violence. regain the confidence of the American people government accountable, change course in Bad things may happen when our Armed Iraq and refocus on destroying Al Qaeda. who demand a new direction in Iraq. Forces leave Iraq if the Iraqis cannot or will As we move forward, the President must re- Mr. KENNEDY. Mr. Speaker, the President not choose reconciliation over conflict. But that alize that this Congress is not going to give is making a terrible and costly mistake by will be true if we leave at the end of this year, the President a blank check with which to ig- vetoing the war funding bill and rejecting the the end of next year, or in 2015. Delaying re- nore the will of the American people on Iraq. clear desire of Congress and the country for a deployment simply delays the Iraqis’ moment Four years of a flawed strategy are 4 years swift redeployment of U.S. ground forces from of responsibility. too long. Iraq. Our strong leaders of the last century, like The veto and the insistence on staying the The SPEAKER pro tempore. All time Presidents Roosevelt, Truman, Kennedy, and course is not a mistake simply because it ig- has expired. Reagan, recognized that while American mili- nores public opinion; we wouldn’t want a Com- Without objection, the previous ques- tary might was important, American values mander-in-Chief to be simply a weather vane. tion is ordered. were our greatest strength. And it is not a mistake just because our There was no objection. courageous troops and military families are Just as we rallied the world in the Second World War and defeated the Soviets in the The SPEAKER pro tempore. The exhausted from bearing the full weight of sac- question is, Will the House, on recon- rifice themselves. We know they are prepared Cold War on the strength of our Nation’s democratic ideals, ultimate victory against this sideration, pass the bill, the objections to pay any price for American security, which of the President to the contrary not- is why we owe them such a debt of gratitude. generation of enemies will similarly be won in the minds of millions around the world, not on withstanding? No, the President’s veto is a grave mistake Under the Constitution, this vote because refusing to change course in Iraq is the battlefield in Iraq or anywhere else. In- deed, that long-term victory is impossible while must be by the yeas and nays. compromising U.S. security. The vote was taken by electronic de- Administration rhetoric notwithstanding, po- we are in the middle of Iraq’s civil war. vice, and there were—yeas 222, nays licing the civil war in Iraq does not bring us There is no easy solution to the problems in 203, answered ‘‘present’’ 1, not voting 7, closer to defeating the global network of ex- Iraq, but it would be irresponsible to push a as follows: tremists who wish to harm us. To the contrary, difficult decision off to another day, another in order to improve national security and best Congress, or another President. We must [Roll No. 276] address our other strategic interests around stand firm and hold the Iraqi leaders respon- YEAS—222 the world and here at home, we must dramati- sible for their country. It is time for the United Abercrombie Berkley Braley (IA) cally change our current direction in Iraq. States to turn its attention to its broader global Ackerman Berman Brown, Corrine Our men and women in uniform have al- security and redeploy from Iraq. Allen Berry Butterfield Altmire Bishop (GA) Capps ways served our country courageously and Mr. HALL of New York. Mr. Speaker, I rise Andrews Bishop (NY) Capuano performed brilliantly. But asking them to stand today to express my disappointment with Arcuri Blumenauer Cardoza between warring factions is not only unfair, it President Bush’s veto of the Iraq Account- Baca Boswell Carnahan ability Act. Sadly, this is just the latest exam- Baird Boucher Carney is counterproductive. Baldwin Boyd (FL) Carson Redeployment from Iraq will enhance our ple of the President’s unwillingness to change Bean Boyda (KS) Castor security by allowing us to properly address his mistaken policy towards Iraq. After more Becerra Brady (PA) Chandler

VerDate Aug 31 2005 02:21 May 03, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.032 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4326 CONGRESSIONAL RECORD — HOUSE May 2, 2007 Clarke Jefferson Rahall Johnson, Sam Miller, Gary Schmidt XVIII, the Chair declares the House in Clay Johnson (GA) Rangel Jordan Moran (KS) Sensenbrenner the Committee of the Whole House on Cleaver Johnson, E. B. Reyes Keller Murphy, Tim Sessions Clyburn Jones (NC) Rodriguez King (IA) Musgrave Shadegg the state of the Union for the consider- Cohen Jones (OH) Ross King (NY) Myrick Shays ation of the bill, H.R. 1429. Conyers Kagen Rothman Kingston Neugebauer Shimkus Cooper Kanjorski Roybal-Allard Kirk Nunes Shuster b 1439 Costa Kaptur Ruppersberger Kline (MN) Paul Simpson Knollenberg Pearce IN THE COMMITTEE OF THE WHOLE Costello Kennedy Rush Smith (NE) Courtney Kildee Kuhl (NY) Pence Accordingly, the House resolved Ryan (OH) Smith (NJ) Cramer Kilpatrick LaHood Peterson (PA) Salazar Smith (TX) itself into the Committee of the Whole Crowley Kind Lamborn Petri ´ House on the state of the Union for the Cuellar Klein (FL) Sanchez, Linda Latham Pickering Souder Cummings Langevin T. LaTourette Pitts Stearns consideration of the bill (H.R. 1429) to Davis (AL) Lantos Sanchez, Loretta Lewis (CA) Platts Sullivan reauthorize the Head Start Act, to im- Davis (CA) Larsen (WA) Sarbanes Lewis (KY) Poe Tancredo prove program quality, to expand ac- Davis (IL) Larson (CT) Schakowsky Linder Porter Taylor DeFazio Lee Schiff LoBiondo Price (GA) Terry cess, and for other purposes, with Mr. DeGette Levin Schwartz Lucas Pryce (OH) Thornberry SCHIFF in the chair. Delahunt Lewis (GA) Scott (GA) Lungren, Daniel Putnam Tiahrt The Clerk read the title of the bill. DeLauro Lipinski Scott (VA) E. Radanovich Tiberi The CHAIRMAN. Pursuant to the Dicks Loebsack Serrano Mack Ramstad Turner Dingell Lofgren, Zoe Sestak Manzullo Regula Upton rule, the bill is considered read the Doggett Lowey Shea-Porter Marchant Rehberg Walberg first time. Donnelly Lynch Sherman Marshall Reichert Walden (OR) The gentleman from California (Mr. Doyle Mahoney (FL) Shuler Matheson Renzi Walsh (NY) McCarthy (CA) GEORGE MILLER) and the gentleman Edwards Maloney (NY) Sires Reynolds Wamp Ellison Markey McCaul (TX) Rogers (AL) from California (Mr. MCKEON) each will Skelton Weldon (FL) Ellsworth Matsui McCotter Rogers (KY) Slaughter Weller control 30 minutes. Emanuel McCarthy (NY) McCrery Rogers (MI) Smith (WA) Whitfield The Chair recognizes the gentleman Eshoo McCollum (MN) McHenry Rohrabacher Snyder Etheridge McDermott McHugh Ros-Lehtinen Wicker from California (Mr. GEORGE MILLER). Farr McGovern Solis McKeon Roskam Wilson (NM) Mr. GEORGE MILLER of California. Fattah McIntyre Space McNulty Royce Wilson (SC) Mr. Chairman, I yield myself such time Spratt Wolf Filner McNerney Mica Ryan (WI) as I may consume. Frank (MA) Meehan Stark Miller (FL) Sali Young (AK) Giffords Meek (FL) Stupak Miller (MI) Saxton Young (FL) Mr. Chairman and Members of the Gilchrest Meeks (NY) Sutton House, today we take up the Head ANSWERED ‘‘PRESENT’’—1 Gonzalez Melancon Tanner Start Improvement Act of 2007. This is Gordon Michaud Tauscher Kucinich a bipartisan piece of legislation, as it Green, Al Miller (NC) Thompson (CA) Green, Gene Miller, George Thompson (MS) NOT VOTING—7 was last year when it was brought to Grijalva Mitchell Tierney Davis, Jo Ann Lampson Ortiz the House floor. And in that vein, I cer- Gutierrez Mollohan Towns Engel McMorris Westmoreland tainly want to begin by thanking the Hall (NY) Moore (KS) Udall (CO) Gillibrand Rodgers staff on both sides of the aisle that Hare Moore (WI) Udall (NM) Harman Moran (VA) Van Hollen b 1437 have worked very hard to bring this Hastings (FL) Murphy (CT) Vela´ zquez Mr. CULBERSON changed his vote legislation in this form with the co- Herseth Sandlin Murphy, Patrick Visclosky Higgins Murtha from ‘‘yea’’ to ‘‘nay.’’ operation of the members of both sides Walz (MN) Hill Nadler of the committee, the majority and the Wasserman Mr. CUELLAR changed his vote from Hinchey Napolitano Schultz ‘‘nay’’ to ‘‘yea.’’ minority. I begin by thanking Mr. Hinojosa Neal (MA) Waters Lloyd Horwich, who is working for Mr. Hirono Oberstar So, two-thirds not having voted in Watson Hodes Obey favor thereof, the veto of the President KILDEE; Stephanie Milburn, with Mr. Holden Olver Watt MCKEON; Sarah Rittling, working with Waxman was sustained and the bill was rejected. Holt Pallone Mr. CASTLE; and Molly Carter and Ruth Honda Pascrell Weiner The result of the vote was announced Hooley Pastor Welch (VT) as above recorded. Friedman of the majority staff. This Hoyer Payne Wexler Stated against: staff knows this program backwards Wilson (OH) Inslee Pelosi Mr. WESTMORELAND. Mr. Speaker, due to and forwards. They have worked long Israel Perlmutter Woolsey and hard with the Head Start commu- Jackson (IL) Peterson (MN) Wu being unavoidably delayed, I missed a vote on Jackson-Lee Pomeroy Wynn H.R. 1591, U.S. Troop Readiness, Veterans’ nity, with the States, with Governors, (TX) Price (NC) Yarmuth Care, Katrina Recovery, and Iraq Account- with local communities, to make sure that, in fact, we have a program that NAYS—203 ability Appropriations Act, 2007—Passage, Objections of the President Not Withstanding we can be proud of, that we can con- Aderholt Campbell (CA) Flake (rollcall No. 276). I would have voted ‘‘nay’’ tinue to place our faith in, and does Akin Cannon Forbes what we want, which is to give children Alexander Cantor Fortenberry had I been present to record my vote. Bachmann Capito Fossella The SPEAKER pro tempore. The from impoverished families and com- Bachus Carter Foxx message and the bill are referred to the munities the opportunity to have a Baker Castle Franks (AZ) head start and to come to kindergarten Barrett (SC) Chabot Frelinghuysen Committee on Appropriations. Barrow Coble Gallegly The Clerk will notify the Senate of school ready, if you will, with the Bartlett (MD) Cole (OK) Garrett (NJ) the action of the House. skills necessary to take advantage of Barton (TX) Conaway Gerlach f the opportunity that will be presented Biggert Crenshaw Gillmor to them when they start school. Bilbray Cubin Gingrey GENERAL LEAVE Bilirakis Culberson Gohmert Head Start has been the premiere Bishop (UT) Davis (KY) Goode Mr. GEORGE MILLER of California. early education program in this coun- Blackburn Davis, David Goodlatte Mr. Speaker, I ask unanimous consent try for more than 40 years. It has Blunt Davis, Lincoln Granger Boehner Davis, Tom Graves that all Members may have 5 legisla- served more than 20 million children Bonner Deal (GA) Hall (TX) tive days to submit their remarks on and families in that time. It is a highly Bono Dent Hastert H.R. 1429, to be taken up next. successful research-based, comprehen- Boozman Diaz-Balart, L. Hastings (WA) sive childhood development and early Boren Diaz-Balart, M. Hayes The SPEAKER pro tempore. Is there Boustany Doolittle Heller objection to the request of the gen- education program for low-income chil- Brady (TX) Drake Hensarling tleman from California? dren from birth to 5 and for their fami- Brown (SC) Dreier Herger There was no objection. lies. Brown-Waite, Duncan Hobson Ginny Ehlers Hoekstra f Both Head Start and Early Head Buchanan Emerson Hulshof Start help our country’s most dis- Burgess English (PA) Hunter IMPROVING HEAD START ACT OF advantaged children become better pre- Burton (IN) Everett Inglis (SC) 2007 pared to succeed in school and in life Buyer Fallin Issa Calvert Feeney Jindal The SPEAKER pro tempore. Pursu- by addressing the needs of the whole Camp (MI) Ferguson Johnson (IL) ant to House Resolution 348 and rule child and providing services such as

VerDate Aug 31 2005 02:21 May 03, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.023 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4327 health and nutrition in addition to the ties, including significant new funds to between Head Start children and their educational curriculum. Its design has increase teacher salaries; requiring more advantaged peers as they enter always been based in science, and the that all programs use research-based kindergarten. bill before us builds on the strong foun- practices to support children’s Some studies indicate that children dation again by turning to the best preliteracy and vocabulary skills; re- enrolled in Head Start do make some science to renew and improve the Head quiring a full time staff to develop ca- progress, but at the same time we need Start program. reer ladders and professional develop- to understand that we still have some Head Start remains a cornerstone of ment plans; directing the Health and work ahead of us in closing the readi- this country’s effort to close the Human Services agency to implement ness gap. With this in mind, the bill be- achievement gap, to combat poverty, an observational assessment tool that fore us today will strengthen Head and to provide all its citizens with the will evaluate classroom quality and Start’s academic standards by empha- opportunity to thrive. provide immediate feedback for pro- sizing cognitive development and the Today more than 12 million children grams on their strengths and weak- results of scientifically based research in America live in poverty, 20 percent nesses; improving the professional de- in topics critical to children’s school of them under the age of 6. Children velopment and training and technical readiness. who grow up in poverty are more likely assistance systems so that they are The measure also aims to improve to struggle in school, face physical and better grounded in science and more re- teacher quality by ensuring a greater mental health problems, and see fewer sponsive to local training needs; and number of Head Start teachers have de- economic opportunities throughout requiring the Secretary to reevaluate grees and are adequately trained in their life. and update current early learning early childhood development, particu- The bill before us is central to standards and assessments using the larly in teaching the fundamentals. achieving the goals of No Child Left be- best science available. That’s great news for those children hind because the achievement gap that The point is this: This is a major re- who will be participating in the Head appears later on in elementary school vamping of the Head Start program, Start program years down the road. begins before these children reach kin- with an emphasis on quality, with an I have also been disappointed that in dergarten. Head Start is one of the emphasis on outcomes, with an empha- recent years we have heard many sto- most evaluated Federal programs, and sis on the assessments and how these ries that have marred Head Start’s research concludes that Head Start programs are doing so that we can pro- good name. In various communities we works. Recent findings from the con- vide the continuous improvement of found that financial abuse within Head gressionally-mandated Impact Study these programs, and we can provide Start centers is far too commonplace. found that after less than one school continuous high-quality programs to In fact, a March 2005 report from the year, Head Start narrowed the achieve- the children who are in need of these Government Accountability Office ment gap by 45 percent in prereading programs. It’s only then that we can be warned that the financial control sys- and 28 percent in prewriting. The study assured that Head Start will continue tem in the Head Start program is also found that Head Start helped to to earn its reputation as the premier flawed in failing to prevent multi-mil- improve some of the important par- early childhood education and develop- lion-dollar financial abuses that cheat enting practices, including helping to ment program in this Nation. It is only poor children, taxpayers and law-abid- increase the frequency with which par- then that we can say to the taxpayers ing Head Start operators. ents read to and with their children. that this continues to be a very wise In the 109th Congress, Republicans Another large-scale study on Head investment of the dollars in the chil- led the House in passing a Head Start Start found that children made signifi- dren of this Nation in providing them reauthorization bill that addressed cant gains during the Head Start year, access to the kinds of programs that these weaknesses in the Head Start fi- and made even greater gains over the are necessary if they are going to be nancial control system. I believe the kindergarten year. able to take advantage of the edu- bill before us moves in that direction as well. It will require Head Start oper- b 1445 cational opportunities in K–12, if they are going to be able to close the gap be- ators to meet a range of financial dis- By the end of kindergarten, Head tween themselves and middle-income closure requirements as a condition of Start graduates were essentially in the kids, if they are going to be able to go receiving and keeping their Federal national norms in early reading and to school with those skills. Head Start grants. Furthermore, under writing, narrowed by the achievement I believe that this legislation does this bill, grantees would have to be gap in vocabulary and general knowl- that. This legislation builds on what overseen by a local governance board edge and early math. was tried and worked on in the last ses- that provides direction and actively I am encouraged that the research sion of Congress under the leadership oversees program activities. These are concludes that Head Start is doing of Mr. CASTLE, Mr. MCKEON, Mr. positive steps to ensure abuses are what we expect and demand that it BOEHNER, myself and Mr. KILDEE. This minimized, and that taxpayers’ funds should do to help prepare children to is a continuation of that process, and and the children those funds are meant succeed in school. However, this re- that’s why it received the over- to serve are protected. search shows that there are many new whelming bipartisan support when it Mr. Chairman, while this bill does ways to improve Head Start, and I be- was reported from the committee. I represent overall progress for Head lieve we accomplish that in the bill be- hope that my colleagues will lend it Start, I would be remiss if I did not fore us. The bill before us will help the same kind of support at the end of note that there are some significant more children arrive at kindergarten this debate and the amendment proc- flaws in it, flaws that I hope we can ready to succeed by improving the pro- ess. correct before this measure is sent to gram quality and expanding access to With that, Mr. Chairman, I reserve the President. For example, under this more children. the balance of my time. measure the majority has decided to This bill includes many improve- Mr. MCKEON. Mr. Chairman, I yield expand Head Start eligibility to those ments to build on the latest research in myself such time as I may consume. who the program was not designed to brain and child development. The bill Mr. Chairman, let me start by com- serve. Ultimately I believe this policy also recognizes that key to the first- mending my friends, Chairman MILLER, change may have the impact of leaving class Head Start programs is teachers. Chairman KILDEE and Mr. CASTLE, for many children who live in poverty un- This is absolutely imperative, and this their hard work on this good bill, derserved by Head Start programs. bill works hard to make sure that we which I am so pleased we were able to This runs contrary to what we all be- continue to provide for improvement pass with an overwhelming bipartisan lieve to be the mission of this program and professional development of the majority in committee 2 months ago. and will do nothing to strengthen Head teachers in the Head Start program. While the resources to fund Head Start services; if anything, it will We increase the teacher qualifica- Start are significant, more work is weaken them. tions by directing the majority of new needed to achieve the ultimate pro- I am also disappointed that the funds for program improvement activi- gram goal on closing the readiness gap House will not have an opportunity

VerDate Aug 31 2005 02:21 May 03, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.066 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4328 CONGRESSIONAL RECORD — HOUSE May 2, 2007 today to vote on an amendment offered tional reporting system. It improves As the centerpiece of the Federal yesterday at the Rules Committee by teacher qualifications. It increases ac- Government’s efforts to support qual- Mr. FORTUN˜ O, to protect the civil lib- cess to Early Head Start. It improves ity early childhood education for our erties of faith-based providers by clari- training and technical assistance to Nation’s most disadvantaged youth, fying that these institutions are not help programs identify their strengths Head Start has served nearly 20 million required to relinquish their Civil and weaknesses. And it strengthens the low-income children and their families. Rights Act hiring protections when quality of Head Start boards and main- Currently Head Start serves over they participate in the Federal Head tains strong parental involvement 900,000 children every day and has over Start program. These protections are through shared governance of Head 1,600 grantees across the United States. already the law of the land with regard Start programs. In my home State of Delaware, Head to various Federal programs, including I would note that we are expecting a Start programs serve over 2,000 chil- those impacting welfare reform and motion to recommit that would allow dren, with over 800 additional 3- and 4- Community Service Block Grants. In faith-based programs to discriminate year-olds receiving assistance through fact, President Clinton himself signed in hiring based on religion using Fed- State government funding. such language into the law. eral funds. Before supporting this bill We all can agree on the need for Head The Fortun˜ o amendment also would by 42–1, the committee considered and Start and its successes. We must also have ensured religious organizations rejected such a policy. Faith-based pro- recognize that Head Start can produce would not be forced to remove art, grams can and do participate in Head even greater results for children. Stu- icons, Scripture or other symbols in Start and have done so for many years, dents who attend Head Start programs order to receive Federal Head Start and I support that strongly. However, do start school more prepared than grants. Barring these providers from this motion is wrong, and I encourage those with similar backgrounds who do fully participating in Head Start is not my colleagues to oppose it. not attend Head Start. However, Head only a disservice to the faith-based pro- In closing, I want to thank Chairman Start students continue to enter kin- viders, but also to the children who de- MILLER for his outstanding work dergarten well below national norms of pend on the Head Start program and through the years on this program and school readiness. By moving to close the taxpayers who should know that for his specific work this year. This is the school readiness gap, this bill will Federal dollars are granted to the best a very good bill. I want to thank Rank- improve results for almost a million available service providers, faith-based ing Members MCKEON and CASTLE, it Head Start students across the Nation. or otherwise. Instead, the majority was really a pleasure to work with Toward the goal of closing the readi- thrust upon us an amendment that them, and all the members of the com- ness gap, the Improving Head Start Act praises the work of faith-based organi- mittee for their hard work on this bill. strengthens Head Start’s academic zations, but does not protect their civil I would like to thank the staff, espe- focus while maintaining its com- rights. It’s literally all talk and no ac- cially Ruth Friedman, Chairman MIL- prehensive nature that is imperative to tion. Indeed, the only people protected LER’s senior policy adviser; Susan Ross its success. The bill improves the aca- by this amendment are certain mem- and James Bergeron with Ranking demic focus of the program by estab- bers of the majority party seeking po- Member MCKEON; and Jessica Gross lishing new quality standards that en- litical cover. Faith-based providers are with Ranking Member CASTLE; and sure enrolled children develop and left to fend for themselves. Lloyd Horwich of my staff. demonstrate language skills; Mr. Chairman, in spite of these flaws, Mr. Chairman, I look forward to pas- prereading knowledge, including an in- which I hope we can correct in time, sage of this bill today and to working terest in and appreciation of books, the Improving Head Start Act remains through the conference committee to reading and writing; premathematics a solid reauthorization measure. Head see that this bill becomes law. knowledge, such as recognition of num- Start is a good program that is capable Mr. MCKEON. Mr. Chairman, I yield 5 bers and counting; cognitive abilities of achieving even greater results, and minutes at this time to the senior Re- related to academic achievement; and the bill before us will help us get there. publican on the subcommittee. I am social development important for envi- Mr. Chairman, I reserve the balance proud of all the work that he has done ronments constructive for child devel- of my time. to bring this bill to the floor last Con- opment, early learning and school suc- Mr. GEORGE MILLER of California. gress and this Congress, the gentleman cess. I yield 4 minutes now to the gentleman from Delaware (Mr. CASTLE). Research consistently demonstrates from Michigan (Mr. KILDEE), sub- Mr. CASTLE. Mr. Chairman, I thank a link between the learning potential committee chair and responsible for the distinguished ranking member of of children and the level of education bringing this bill to the floor. the subcommittee for his kind words and training of classroom teachers. For Mr. KILDEE. I thank the gentleman and for yielding. I also obviously thank that reason, we improve the quality of for yielding. Mr. MILLER and Mr. KILDEE for their teachers in Head Start classrooms by Mr. Chairman, in March, the Edu- work on this, and Ms. WOOLSEY, who requiring that in time 50 percent of all cation and Labor Committee over- has worked on it before with me. And I Head Start teachers nationwide must whelming passed by a vote of 42–1 H.R. am pleased to be able to be here. have a baccalaureate degree. 1429, which was my privilege to intro- I support the legislation before us duce with both Democrats and Repub- today which will reauthorize the Head b 1500 licans as cosponsors. I hope at the close Start program. And like almost every As I am sure some of my colleagues of today’s debate the full House will do other Member of this body, I believe know, this bill does not include a pro- similarly. strongly in the benefits of this pro- posed State demonstration project, Head Start has served our most vul- gram. I trust that H.R. 1429, the Im- which was incorporated into the legis- nerable children and families well for proving Head Start Act, will improve lation the House passed in 2003. I be- 42 years; and more recently, early Head Head Start by emphasizing that every lieve strongly, however, in the policy Start has done the same for infants and child, regardless of their economic sta- goals of increased coordination and in- toddlers. tus, should have the best chance pos- tegration that were and continue to be Head Start works, and this bill will sible to succeed. at the heart of efforts to remove bar- make it work even better. This bill in- In 1965, Head Start was created to riers and prevent collaboration be- creases Head Start’s authorization by give economically disadvantaged chil- tween Head Start and successful State $461 million to benefit as many as dren access to the same educational, and local early childhood initiatives. I 10,000 more children, and increases health, nutritional, social and other believe the proposal to be offered by funding for Indian and migrant and services that were enjoyed by their TOM PRICE of Georgia would foster in- seasonal Head Start programs. It sets more affluent peers. The goal of the tegration among quality early child- aside 60 percent of new funds for activi- program was, as it remains today, to hood programs, and plan on supporting ties such as teacher salaries, profes- provide children a solid foundation Mr. PRICE’s amendment. sional development and extended pro- that will prepare them for success in About 40 States, including Delaware, gram hours. It suspends the flawed na- school and later in life. have established some form of early

VerDate Aug 31 2005 03:54 May 03, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.069 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4329 childhood education, because States gram. The importance of early child- keep parent councils as equals to the recognize that these services can make hood education services cannot be governing boards; incorporating the a real difference in preparing children overstated. I believe strongly that the best practices from the field of home for a successful future. Various local reforms sought in H.R. 1429 will go a visitation into the Early Head Start initiatives have also been launched, long way to institute needed reforms in programs; and encouraging the devel- and today, disadvantaged children and an already successful program. opment of on-line graduate training. families have access to programs and I urge my colleagues to support the All of these are key issues to me and to services from a wide range of sources. legislation, and I thank all those who the people of Chicago. I know that you Some of these programs rival or ex- worked on this, including the staff, and have toiled long and hard to integrate ceed the quality of Head Start, while I look forward to the passage of the Member concerns, and you have my ap- others fall short. Head Start is no legislation today. preciation. longer the only option for early child- Mr. GEORGE MILLER of California. In addition, I am very pleased that hood education, and we must ensure Mr. Chairman, I yield for the purpose this bipartisan bill preserves the anti- that all children are receiving the of making a unanimous consent re- discrimination history of Head Start same quality education. In this new quest to the gentleman from Texas advocated so ardently by the Head era, Head Start should be working to- (Mr. GENE GREEN). Start and religious communities. Fed- ward integrating service with other (Mr. GENE GREEN of Texas asked eral funds are not meant to support school readiness programs not com- and was given permission to revise and discrimination of any type, and I ap- peting against them. Where we pre- extend his remarks.) plaud the Members of both sides for viously would have allowed no more Mr. GENE GREEN of Texas. Mr. maintaining this fundamental commit- than eight States to improve Head Chairman, I thank the gentleman for ment to justice and fairness in this Start coordination with State and yielding. bill. local efforts, this bill will ensure pro- Mr. Chairman, I rise today to express my Finally, I must mention a concern grams in all 50 States are able to in- support for the Head Start Reauthorization Bill from Chicago Head Start programs. I crease collaboration. that was sent to this Chamber. know that the Chairs and ranking We are encouraging Head Start Head Start is one of the best programs we members have worked hard to address grantees to align their academics with offer our youngest students. the problems surrounding low-income State-developed K–12 academic content Since its creation in 1965, it has proven to families in high cost of living areas standards, as well as to have a more ac- be our most valuable school readiness pro- such as Chicago from losing access to tive partnership with local school dis- gram in the history of this country. this critical child development pro- tricts that serve the same commu- Especially, now that we know more about gram. I ask that the issue of income nities. This will help to facilitate a the importance of early-childhood education. eligibility continue to be discussed so smooth transition to kindergarten for Time after time, we have seen reports that that the children of working poor fami- their students. prove students who attend Head Start perform lies can be included. Finally, we are asking early child- better than those who don’t. Mr. CASTLE. Mr. Chairman, I yield hood providers in the State, including It has also proven to help close the achieve- such time as he may consume to the Head Start, preschool and child care, ment gap between students of differing socio- wonderful Representative from Michi- to come together to identify ways to economic status. gan (Mr. EHLERS). integrate school readiness initiatives The Republican amendment to this bill Mr. EHLERS. Mr. Chairman, I thank across the State. would repeal existing civil rights protections the gentleman for yielding. As I have said, I believe strongly in that ensure programs cannot use federal Mr. Chairman, I rise to briefly ad- the Head Start program, particularly funds to discriminate in their hiring practices. dress a topic which I have not heard because of how the program helps chil- Head Start teachers should be chosen be- discussed here, although I have heard dren later in their lives. Despite these cause they are qualified and effective teachers it discussed numerous times within the stories, we have also heard many sto- who will help children succeed and thrive. committee itself. I am very unhappy ries of programs in which funds were Discrimination should not be supported with with the resulting bill that came out being diverted away from this purpose. public funds. this year. The issue I wish to discuss is In 2005, the GAO released a report National religious organizations, civil rights Head Start programs operated by faith- that warned the financial control sys- groups, national labor organizations, and the based institutions. tem in the Federal Head Start early education groups all oppose any roll back of What has happened in this bill is that childhood program is flawed and failing civil rights protections. we basically have reversed the Civil to prevent multimillion-dollar finan- This is such a critical program, and it’s im- Rights Act, which provides that faith- cial abuses that cheat poor children, portant that this body reauthorize this program based institutions may discriminate in taxpayers and law-abiding Head Start in a manner that shows bipartisan support for hiring by hiring people of the same operators. The GAO made some helpful educating our children. faith as the institution. If it is a recommendations on how we can I urge my colleagues to support this bill. church, for example, they can hire peo- strengthen the oversight structure to Thousands of children in my district benefit ple who are members of their church or prevent abuses and protect good grant- from Head Start and it’s essential that we re- denominationm without violating civil ees. They recommended that increased authorize this program with a bipartisan plan rights laws. That is specifically legal competition in the program could help that will help this program serve more children under the Civil Rights Act. This bill weed out poorly performing grantees effectively. prevents an institution from doing and ensure high-quality services are Mr. GEORGE MILLER of California. that; if they wish to operate a Head available to children and families. Mr. Chairman, I yield 11⁄2 minutes to Start program, then they are not al- In response to the GAO’s rec- the gentleman from Illinois (Mr. lowed to hire on that basis. So this bill ommendations of how to eliminate fi- DAVIS). is actually a reversal of the Civil nancial mismanagement, we are in- Mr. DAVIS of Illinois. Mr. Chairman, Rights Act. creasing the competitive nature of the I want to begin by thanking Chairman Now, why is this important? Why do current program. The competition re- MILLER, Ranking Member MCKEON, churches need to do that? A perfect ex- quirements in the Improving Head Chairman KILDEE and Ranking Member ample was given last year during the Start Act will help to alleviate these CASTLE, as well as both the majority debate on this bill in committee, when problems, but, more importantly, will and minority staff for their hard work Representative Tom Osborne, better drive program improvement across the and for including so many issues near known as Coach Osborne, related an ex- board. Program improvements will ul- and dear to my heart in this bill. Some ample in his district where a small timately help thousands of children na- of those are recruiting minority male church which had a small staff decided tionwide, which should always be our teachers; emphasizing children’s social, to operate a program similar to the goal. emotional well-being; recognizing the Head Start program. They wanted to As I said at the outset, Head Start is expanding role of grandparents and hire someone who could serve on their an important and very popular pro- kinship caregivers in children’s lives; staff half-time and also operate the

VerDate Aug 31 2005 02:21 May 03, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.072 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4330 CONGRESSIONAL RECORD — HOUSE May 2, 2007 educational program during the other Mr. Chairman, I rise in strong support of those children will continue to be left half of their time. But they needed H.R. 1429, the Improving Head Start Act. behind. A real investment in our chil- someone of their faith to do the church This legislation is long overdue. I would like dren would ensure that every single work. But this bill would prohibit that to commend Chairman MILLER and Ranking child who is eligible has access to this person to also teach in the school, but Member MCKEON and Subcommittee Chair- very successful program. Without full they were hired on a religious basis. man KILDEE and Ranking Member CASTLE for funding, some children continue to There is so much misunderstanding working together to craft bipartisan legislation start elementary school far behind on this issue, and it really puzzles me, that will significantly improve the Head Start their peers. because I have very good friends over program—especially for Hispanic and migrant Some Members, as my friend on the on the other side of the aisle whom I farm worker families. other side of the aisle talked about, know have a deep religious faith. But It is my hope that this spirit of bipartisanship would like to allow Head Start pro- why they are so anti-religious on this will carry the legislation all the way to the grams to discriminate by using tax- subject, I do not understand. They President’s desk for his signature. payer dollars to hire staff based upon seem to believe that they have to pre- It is also my hope that this body will reject their religion, which is against every- vent anyone with a religious belief any attempts to allow discrimination to infect thing I believe that the Head Start pro- from operating within a program of the Heat Start program—whether the discrimi- gram stands for. When we already have this sort. nation is based on religion or on the language a shortage of qualified Head Start I have to keep reminding everyone, that is spoken at home. teachers, we must not allow qualified this is not a case of churches trying to The bill before us today strengthens ‘‘Head teachers to be turned away simply be- proselytize by having someone of their Start’’ for Hispanics and families whose pri- cause of their religion. own faith running the program and mary language is not English. Mr. Chairman, children are 25 per- teaching the kids that faith. That is Here are just a few of the highlights: The bill cent of our population. They are 100 not it. increases the base funding for Migrant and percent of our future. We must support The point is simply that faith-based Seasonal Head Start to a minimum of 5 per- and expand Head Start for the best pos- institutions, by virtue of their faith, cent of the overall Head Start funding, which sible beginning of their lives. are determined to help people in the means that more farm worker children will be Mr. CASTLE. Mr. Chairman, I re- community who need help. It doesn’t in preschool instead of in the fields; the bill serve the balance of my time. matter whether it is a Head Start pro- sets standards for communications with limited Mr. GEORGE MILLER of California. gram, whether it is a food program, as English proficient (LEP) parents so that lan- I yield 11⁄2 minutes to the gentleman we operate in my church back home, or guage is not a barrier to Head Start access. from Illinois (Mr. HARE), a member of many other programs. They are doing It instructs the Secretary of Health and the committee. it as an expression of their faith. Human Services to conduct a study of how Mr. HARE. Mr. Chairman, I rise Now, is this wrong? Do we have to Head Start programs serve LEP populations. It today in strong support of H.R. 1429, say, I am sorry, you can’t run this pro- enhances Head Start transitions for LEP chil- the Improving Head Start Act. As a gram because you are a member of this dren to kindergarten. member of the Education and Labor church and you might express your It provides technical assistance resources Committee, I had the privilege of faith? That is not what they are trying for improving the quality of Head Start serv- working on this bipartisan bill, which I to do. So why do we have to go to great ices for LEP populations, particularly in com- believe will help more children arrive lengths in this particular bill to stop munities that have experienced a rapid and at kindergarten ready to succeed. Not people from doing that, to prevent large increase in Head Start eligible LEP chil- only does this bill improve teacher churches and other faith-based institu- dren. quality, expand access and strengthen tions from operating a Head Start pro- It improves ensures that LEP children have school readiness, it also addresses the gram, unless they hire people from out- access to linguistically and culturally appro- unique challenges faced by rural Head side their church? That, to me, is priate instructional services that support pro- Start programs. grossly unfair. Frankly, I think it vio- ficiency in the English language and gains in Much of my district is rural. There- lates the Constitution, and I am other domains important for school readiness, fore, I worked with several of my col- strongly opposed to that practice. including pre-literacy and numeracy skills. leagues to ensure Head Start providers Other than that, I think it is a won- It addresses the shortage of qualified teach- receive the support and flexibility re- derful bill and I would like to support ers with expertise in serving LEP children by quired to serve America’s rural com- this bill, but I am terribly disturbed by establishing a teacher career ladder dem- munities. Specifically, we provided the this anti-religious altitude that I have onstration program at Hispanic-serving Institu- assistance needed to improve transpor- seen manifested here. I hope we can tions and tribally-controlled Colleges and tation services in rural areas, the re- change this in this bill. Universitites. cruitment and retention of qualified Mr. GEORGE MILLER of California. Tehese are significant improvements to the instructors for rural programs and out- Mr. Chairman, I yield 1 minute to the Head Start Program. Again, I would like to reach to rural families. Later today, I gentleman from Texas (Mr. HINOJOSA). thank the chair and ranking member for work- will offer an amendment with my col- (Mr. HINOJOSA asked and was given ing with us to include them in the bill before leagues, Congressmen SPACE, WELCH permission to revise and extend his re- us today. and ALTMIRE that will further expand marks.) I strongly urge a ‘‘yes’’ vote on H.R. 1429. this assistance to rural Head Start. Mr. HINOJOSA. I thank Chairman Mr. CASTLE. Mr. Chairman, I re- Head Start is the country’s premier MILLER for extending time to me. serve the balance of my time. early education childhood development Mr. Chairman, I rise in strong sup- Mr. GEORGE MILLER of California. and education program, serving more port of H.R. 1429, the Improving Head Mr. Chairman, I yield 11⁄2 minutes to than 900,000 of our Nation’s most needy Start Act. This legislation is long over- the gentlewoman from California (Ms. families annually. Children who attend due. I would like to commend Chair- WOOLSEY), a member of the committee. Head Start make gains in vocabulary, man MILLER and Ranking Member Ms. WOOLSEY. Mr. Chairman, we early writing and social behavior and MCKEON and Subcommittee Chairman must ensure that no matter where a enter school better prepared than lower KILDEE and Ranking Member CASTLE child comes from or what his or her income children who do not attend for working together to craft bipar- background is, that child has an equal Head Start. tisan legislation that will significantly opportunity to succeed in school and in It is critical that all eligible families improve the Head Start Program, espe- life. That begins with quality early know about Head Start and that Con- cially for Hispanic and migrant farm childhood education, and that is why gress allocates the necessary resources worker families. we need to and must reauthorize Head Head Start providers need in order to It is my hope that this spirit of bi- Start. continue and expand these successful partisanship will carry the legislation This bill will allow 10,000 more chil- programs. all the way to the President’s desk for dren to benefit from the Head Start I urge all my colleagues to stand up his signature. I strongly urge a ‘‘yes’’ program. But many, many more chil- for rural and low income children by vote on H.R. 1429. dren are eligible for Head Start, and voting ‘‘yes’’ on H.R. 1429.

VerDate Aug 31 2005 03:54 May 03, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.089 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4331 b 1515 the question is, where is our priority? the way it has been for the last 40 Mr. CASTLE. Mr. Chairman, I yield 4 What are our values? years. We can keep the antidiscrimina- minutes to the gentleman from Utah With these kids who desperately need tion laws and those programs. Any pro- (Mr. BISHOP). this help, this assistance, the most im- gram that can get funded with this Mr. BISHOP of Utah. Mr. Chairman, portant thing is to give them that help faith-based initiative amendment could I thank the gentleman from Delaware so they can move forward and they can be funded anyway if you just comply for giving me this opportunity to dis- break the poverty cycle, and they can with the antidiscrimination laws that cuss the concept of Head Start, which move on with their lives and help have been in effect for the last 40 years. is a significant program that does a themselves and their families at the We ought not to have to tell our chil- great deal of good for kids who are in same time. dren why certain parents can’t get a dire need of this kind of service. If that is not our goal, if that is not job in a program because we are failing If indeed the decisions that we made our purpose, if we are really not talk- to protect the civil rights of the victim in life were always of a vast contrast, ing about how to help kids best, then of discrimination because all of a sud- differences were black versus white, we are fooling ourselves and making den we are interested in the civil rights night versus day, even the simple ones poor choices and kind of demeaning the of the person trying to discriminate. of right versus wrong, our life would be entire debate and discussion of what Mr. CASTLE. Mr. Chairman, I re- easy and our choices would be easy. the Federal Government will do in the serve the balance of my time. But, unfortunately, life is not like area of education. Mr. GEORGE MILLER of California. that. The decisions and choices we get Once again, Mr. Chairman, we will Mr. Chairman, I yield 11⁄2 minutes to to make are always going to be a shade have a chance to discuss these issues the gentleman from Kentucky (Mr. of gray. We are given oftentimes two again in some other format, but I YARMUTH). goods, and we have to decide which is would urge my colleagues to remember Mr. YARMUTH. Mr. Chairman, as we the better choice. How we make those we have to make a choice somehow, pass the reins of our Nation to future decisions identifies us as individuals; and our choice should be in the best in- generations, we must acknowledge that but it also defines what we are as a so- terest of kids, and everything else, ev- America’s continued prosperity in the ciety. erything else, has to be secondary to global economy will not be ensured un- This particular debate today is deal- that goal. less we equip our children, the leaders ing with one of those basic choices be- Mr. GEORGE MILLER of California. of tomorrow, with the tools they need tween two goods. We have one of the Mr. Chairman, I yield 2 minutes to the to succeed down the road. big differences with this particular re- gentleman from Virginia (Mr. SCOTT). To achieve this, we must cultivate authorization of Head Start versus the Mr. SCOTT of Virginia. Mr. Chair- not just the most privileged students, reauthorization of Head Start that we man, we have just heard the suggestion not only our brightest students, but passed last year, both of them good that some programs might be better if also the students who grew up with dis- bills, is the concept of faith-based in- only the program sponsors could dis- advantages. Indeed, we must nurture stitutions within these two bodies. criminate in employment. We hadn’t the potential of all our children be- One of the things that bothered me heard those arguments for over 40 cause it is in the best interest of our also as a speech teacher is as we are years before this administration came country to maximize the contributions talking about this issue, sometimes we in. and success of every American. are talking different angles, kind of Let’s talk about when you say ‘‘pro- I recently visited a Head Start pro- like ships passing in the night, without tect civil liberties,’’ what liberties you gram at Indian Trail Elementary in my discussing the same definition of are protecting? If you are protecting district in Louisville. The veritable terms. somebody’s right to tell somebody they beehive of activity there spoke louder One side will say that faith-based in- can’t get a job because of their reli- than 40 years of studies on Head Start stitutions should not be used because gion, if you can discriminate against progress, but they said the same thing: of the hiring practices. If this institu- someone because of their religion, ra- The thoroughly engaged children were tion decides to hire within their own cial discrimination laws essentially actively building a solid foundation for religious group, a program that is legal cannot be enforced. So who are you their futures, and they were loving the both legislatively as well as judicially, protecting? You are protecting the one pursuit. then they should not be used in the trying to discriminate; the victim of Like their predecessors, the 1,800 concept of Head Start, or used as a pro- discrimination loses all protection. Head Start students in Louisville and gram for Head Start. It has nothing to The children of families of unpopular the 1 million nationwide are making do with proselytizing, it has to do with religions will ask their parents why tremendous gains in family literacy, whether they should be used at all. The they couldn’t get a job in the Head vocabulary, early writing, letter rec- other side simply says value is what is Start program, and they will have to ognition, and social behavior, skills best for kids. Those are two goods. Nei- be told they are not hiring people of that will pay huge dividends in their ther one is necessarily bad. The issue our religion. Just what kind of Head future pursuits. is: Which is more important to us? Start is that? We have an opportunity today to ex- I am going to make the argument to Proponents are saying we lose oppor- tend and improve this program which you that if we really want to define our tunities. We have plenty of opportuni- is so vital to the preparation of today’s society, what we have to do is to say ties in Head Start. All we have to do is youth, who in turn are critical to our highest value for this education fund it more, and there will be plenty America’s future. It is our moral re- program is what is best for kids. If, in- of opportunities for Head Start pro- sponsibility and I believe our honor deed, a faith-based institution is the grams. and privilege to reauthorize Head best program to help kids break the There has also been a suggestion you Start, and I urge my colleagues to join cycle of poverty, understand the impor- may have to take icons off the wall. If me in doing so. tance of education to try to lead a bet- icons have to be taken down, it is be- Mr. CASTLE. Mr. Chairman, I re- ter life and improve their lives and cause of a violation of the establish- serve the balance of my time. their family’s at the same time, then ment clause of the Constitution. Let Mr. GEORGE MILLER of California. that has to be our highest value. That me tell you, passing a motion to re- Mr. Chairman, I yield 11⁄2 minutes to must be our highest value. commit will not solve a violation of the gentleman from Massachusetts What we have to do is avoid the bi- the establishment clause. (Mr. TIERNEY). ases that we have on any other issue. Forty years ago race and religious Mr. TIERNEY. Mr. Chairman, I The question is what best helps kids. discrimination was found to be so rep- thank the gentleman from California Once again, if a faith-based institution rehensible that we made it illegal even for yielding me this time. is the best way of helping a kid, do it. with your private funds. Now we have a We are told over and over again in For heaven’s sake, do it. Do not hold plea to protect the people trying to dis- committee hearings from experts and kids hostage to our own social dogma. criminate and not the victims of dis- scholars of all natures that we could It may not be a bad social dogma, but crimination. We need to leave the law close 50 percent of the achievement gap

VerDate Aug 31 2005 02:21 May 03, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.081 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4332 CONGRESSIONAL RECORD — HOUSE May 2, 2007 that we see in our country if we have was language that delays these trans- suring that kids are prepared for effective preschool, prekindergarten portation safety requirements for Head school, by improving teacher and class- programs. Head Start is just that kind Start programs once again. The fine room quality, strengthening the focus of a program. print reveals that the rear emergency on school readiness, increasing ac- We see over and over again the evi- exit requirements are delayed for an- countability and boosting coordina- dence showing us it has a positive eco- other year, and a seat belt safety re- tion. nomic and social impact across this quirement is delayed until another Research finds that children who at- Nation, particularly in its comprehen- study is done. tend Head Start enter school better sive nature, the fact that it deals with Well, Congress required these regula- prepared than low-income children who education, deals with health issues and tions to ensure the safe operation of do not attend the program, and that social implications. vehicles by Head Start agencies; and children who attend Head Start make The Commonwealth of Massachu- currently, the leading cause of death significant gains. setts, my State, 80 percent of 3-year- for children ages 3 to 7 is motor vehi- If we are serious about achieving the olds are still not enrolled in prekinder- cle, traffic crashes. The reason why goals set forth by No Child Left Be- garten or Head Start programs. We these transportation requirements hind, then passing Head Start reau- need to be expanding this program for were put forth is that the National thorization is a down payment on all of the good things it does because Highway Traffic Safety Administration achieving those goals. we need to take advantage of that op- does not approve of the use of vans or b 1530 portunity to close that gap. cars or vehicles of other types for the One of the ways that we are going to purpose of providing planned transpor- During the markup of this bill, I was do that is to attract quality teachers. I tation services. School buses are the proud to offer an amendment that am glad to see in this bill that Mr. safest form of transportation because would allow Head Start programs to SESTAK has filed an amendment to pro- they include many special features. use up to 10 percent of their quality vide up to $10,000 in loan forgiveness Further delaying these requirements improvement funds for transportation for college graduates who commit to means authorizing that Head Start costs. This amendment was in response teach in the Head Start field. We have grantees can transport children using to concerns brought to me by my con- raised the standard of the teachers vehicles that are not designed specifi- stituents that many have thought pro- that we want, requiring them to meet cally for the purpose of the safe trans- grams were being forced to choose be- a certain grade. That means we are portation of children. tween providing transportation to chil- going to have to pay people in order to My amendment, which wasn’t al- dren or sacrificing the quality of their go into this profession because it is lowed, would have ended this delay and program. still going to cost them considerably to make the regulations for emergency With my amendment and so many get that degree. If we are going to do rear-door exits and seat belts on vehi- other worthwhile improvements to that, we have to step forward. I think cles used to transport children effec- Head Start, I strongly encourage my Mr. SESTAK’s idea, which we have been tive immediately. colleagues to support this balanced re- talking about in the higher education Mr. Chairman, as you know, on the authorization for the benefit of our reauthorization bill for some time, is first day of this Congress, children children and future generations of one way of doing that. Loan forgive- were paraded in front of the American America. ness for early education teachers over people, and the new majority claimed Mr. MCKEON. Mr. Chairman, we have a period of years will allow us to have that the House would come to order for no further speakers, and we reserve the that program meet the pinnacle that the children. Well, today, if it is truly balance of our time. we need it to reach. about the children, then the majority Mr. GEORGE MILLER of California. For this and many other reasons, I would have allowed this amendment to Mr. Chairman, I yield 11⁄2 minutes to think this bill is a good bill and de- be entertained. Any further delays en- the gentlewoman from Texas (Ms. serves our attention and our support. I dangers lives of children. JACKSON-LEE). ask my colleagues to join me in voting So I suggest, Mr. Chairman, that the (Ms. JACKSON-LEE of Texas asked for it. hypocrisy of this process is telling, and and was given permission to revise and Mr. CASTLE. Mr. Chairman, I yield 4 that if we truly are interested in mak- extend her remarks.) minutes to the gentleman from Geor- ing certain that our greatest resource, Ms. JACKSON-LEE of Texas. Mr. gia (Mr. PRICE). our children, the future of our Nation, Chairman, I thank the chairman of the Mr. PRICE of Georgia. Mr. Chairman, are protected, then we would have al- full committee for his leadership and I thank the gentleman from Delaware lowed this amendment, and I am dis- all the members of the committee and for allowing me to come and chat on a tressed it wasn’t allowed. I encourage Mr. KILDEE for his leadership as well on little different topic, a topic that we through the process the majority party some of these very important issues. tried to bring to the floor today on this make certain that we address this as We have worked together. I thank the bill, and a topic that I think would this bill moves forward. ranking member for their long-stand- truly expand and protect children in Mr. GEORGE MILLER of California. ing understanding that we must col- the Head Start program, but a topic Mr. Chairman, I yield 11⁄2 minutes to laborate when it comes to teaching our that wasn’t allowed to be brought to the gentleman from New York (Mr. children. the floor because an amendment wasn’t BISHOP). I rise to support H.R. 1429 and had allowed. I think this issue truly dem- Mr. BISHOP of New York. Mr. Chair- the pleasure of visiting a Head Start onstrates where the priorities of the man, I thank the chairman for yielding facility in my community. What was majority party are. me this time. the greatest joy was to be able to see This issue that I attempted to bring I rise today in strong support of H.R. the parents and children working to- to the floor would have resulted in sig- 1429, the Improving Head Start Act. I gether on this very special day, and I nificantly greater safety for the chil- represent the majority of Suffolk want to thank the committee for perse- dren who are transported in Head Start County where 20 Head Start and three vering against all odds, particularly programs. Early Head Start centers have been the opposition of those who would say In 1992, Mr. Chairman, Congress re- serving the community since 1966. In it is time to change drastically, to do a quired the issuance of regulations that fact, my wife’s first job out of college surgical reform on Head Start. related to rear-door emergency exits was as a Head Start teacher in one of It has worked for some 30-plus years, and safety restraints on Head Start those centers. and what has been done in this legisla- transportation. That was in 1992. Since Parents, teachers and many of our tion is the right direction: enhanced the final rule for these new regulations colleagues can all agree that Head professional development, providing was published, the effective date has Start is one of our Nation’s most more degreed teachers teaching, pro- been delayed three times. prominent and successful early edu- viding opportunity for the associate de- Last week, buried deep in H.R. 1591, cation programs. This bill continues to grees, working with caretakers or as- the emergency supplemental for Iraq, build on Head Start’s successes by en- sistants in the classroom, and really

VerDate Aug 31 2005 02:21 May 03, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.083 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4333 teaching our children the ‘‘yes, I can’’ This bill contains many vital provisions. It was just talking. We are actually going method. authorizes an additional $450 million dollars to do something in considering whether I rise also to support the amendment for 2008, funds that would allow up to 10,000 or not a program can deny an employ- of Congresswoman EDDIE BERNICE more children access to Head Start programs. ment opportunity solely because of re- JOHNSON that will be offered that pro- It increases funding for teacher and staff sala- ligion, and if you happen to go to an vides the opportunity for collaboration ries, ensuring a quality workforce and pro- all-black or all-white church, the deci- with historically black colleges. viding for the hiring of additional qualified staff. sion made on religion will deny you What we need to be doing is investing H.R. 1429 re-evaluates and updates the cur- based on race as well. more in Head Start by proving that it rent standards and assessments, suspending We should have this conversation has been a success, improving class- the badly flawed National Reporting System. here on the floor, considering what we room and teacher quality, raising the The bill also boosts cooperation between are doing long-term, similar to the quality of teachers, and increasing Head Start and state and local child care pro- conversation we had when Don Imus funding for teacher and staff salaries. grams, as well as improving coordination with embarrassed himself. We should not But most importantly, anyone who state health, mental health, and family serv- embarrass ourselves here on the floor has taken the opportunity to see the ices. of the House of Representatives. We youngsters, the babies that are in this This bill also contains important provisions need to maintain the civil rights pro- program, see their eyes open wide, see to improve accountability for these govern- tections for prospective employees that them understand the world and the col- ment-funded programs. It includes a new sys- we have had for the last 40 years. ors and what is real and that they can tem of application review that assesses pro- Mr. MCKEON. Mr. Chairman, I thank be the greatness that they are, we gram quality, allowing the Secretary of Health my colleagues for a productive debate know that H.R. 1429 is on the right and Human Services to more quickly strip on the Improving Head Start Act. As path, and I encourage my colleagues to funding from low-quality programs. These re- many of us have noted throughout the enthusiastically support the Improving view systems ensure both that our Nation’s day, Head Start is a good program that Head Start Act of 2007. These are the children are receiving the best services we can be made even better, and that is babies not of yesterday, but today. can offer them, and that taxpayer dollars are why we are here. I hope everybody lis- Mr. Chairman, I rise in strong support of spent to maximum effect. tened carefully to Mr. CASTLE as he H.R. 1429, the Improving the Head Start Act Mr. Chairman, as Chair of the Congres- talked about the importance of the up- of 2007. This bipartisan legislation would allow sional Children’s Caucus, I am dedicated to coming amendments we are going to up to 10,000 more children from low-income providing the best possible opportunities and discuss because they can make the bill families to have access to the world of oppor- support to our Nation’s children. Head Start is better. tunities offered by early developmental edu- an important aspect of ensuring our children’s This program serves nearly 1 million cation. It also appropriates the funding re- future. I strongly support H.R. 1429, and I en- underprivileged children and eases the quired for a range of necessary improvements, courage my colleagues to do the same. divide between the haves and the have- ensuring we are offering our children com- Mr. MCKEON. Mr. Chairman, I yield nots when it comes to preparing them prehensive and regulated programs. I urge my such time as he may consume to the for kindergarten, which will give them colleagues to join me in expressing that a gentleman from Delaware (Mr. CAS- a good start for their life. The bipar- child’s educational and developmental oppor- TLE). tisan support we have seen for the bill tunities should not be limited by his or her Mr. CASTLE. Mr. Chairman, just today should lend all of us confidence family’s income. very briefly, we are about to pursue I that the program will remain on a solid Head Start creates opportunities for children think a dozen amendments here. All of foundation for generations to come. who are born without any. This program pro- us had a chance to work on this, had a By reauthorizing Head Start, we are vides comprehensive early education pro- chance to look at it. I think some of voting to build upon improvements grams and support services for well over a them are very good amendments. I that were made by the House Repub- million children across our Nation; children think some are relatively neutral. I licans in past Congresses by strength- whose families would otherwise be unable to think some are maybe a little detri- ening academic standards by empha- offer them these opportunities. The program’s mental to the bill. sizing cognitive development using sci- holistic approach to education provides a wide I just hope that everybody will listen entifically-based research; improving range of services in addition to basic edu- carefully to the amendments and will teacher quality by ensuring more Head cation, including medical and dental not end up being a party vote nec- Start teachers have bachelor degrees screenings, nutritional services, parental in- essarily and we do what is in the best and are adequately trained in early volvement activities, and mental health serv- interests of these children that we have childhood development; increasing fi- ices. Poverty has proven devastating to child talked about so frequently in the last nancial disclosure requirements by development and success, but Head Start has hour or so. Head Start operators as custodians of proven capable of providing the broad range There is real significance to some of Federal Head Start grants; and requir- of support that all children need to succeed in these amendments. I think it is very, ing local governance boards to actively school, and indeed in life. very important that we understand the oversee grantees. This program is particularly crucial to minor- context of them. These are common-sense reforms ity communities. Of the over 1 million children I would just like to also finally say that I wholeheartedly support. That enrolled in Head Start programs, 65 percent at the end that, in my judgment, if you said, this bill remains flawed, and soon, belong to minority groups. In a world and a look at any aspect of Head Start that we will turn to a number of amend- country where minority children may continue this underlying legislation basically ments that highlight those flaws. One to face discrimination and limited opportuni- improves the opportunity for young such amendment that we will not be ties, Head Start ensures that they are pre- children who are within the parameters able to discuss unfortunately is one of- pared to begin school when they reach the of the Head Start program, and I hope fered to the Rules Committee by Mr. proper age. This program has proven suc- that all of us will be supportive of that. FORTUN˜ O yesterday. The Fortun˜ o cessful in minimizing the ‘‘readiness gap’’ be- Mr. GEORGE MILLER of California. amendment is a principled one. It tween program participants and their more af- Mr. Chairman, I yield 1 minute to the clearly protects the hiring privileges of fluent peers. gentleman from Virginia (Mr. SCOTT). faith-based providers and protects their In Harris County, TX, where my district is lo- Mr. SCOTT of Virginia. Mr. Chair- civil rights to display religious sym- cated, Head Start has been active since 1999. man, as we discuss this faith-based bols, rights that are sheltered under In this county alone, the program currently op- amendment, I think we need to seri- the 1964 Civil Rights Act. Yet, we will erates in 17 locations, and has served over ously consider the long-term societal not be able to debate and vote on it 5,000 children since its inception. There are, implications of that amendment, al- today, a major statement about the at present, over 1,170 children enrolled in its lowing discrimination in the Head real priorities of this purportedly fair, wide array of programs. In Harris County, and Start program. open and honest Congress. across our Nation, Head Start programs help Our Nation just went through quite a Nonetheless, Mr. Chairman, I still be- children grow mentally, socially, emotionally, conversation when Don Imus made his lieve the Improving Head Start Act is a and physically. remarks, and I would hope that that worthy piece of legislation, deserving

VerDate Aug 31 2005 04:36 May 03, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.120 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4334 CONGRESSIONAL RECORD — HOUSE May 2, 2007 of the same bipartisan support it re- but that’s what the I leader of the Republican dren, more than 60 percent Latino, in the 32nd ceived from the Education and Labor party proposes. There is no reason to justify Congressional District of California, which I Committee just 2 months ago. this attempt to roll back longstanding civil represent. Before I conclude, I would like to rights and religious liberty protections in a pro- In addition to providing these comprehen- thank a number of current and former gram that has benefited countless children sive services, Head Start programs engage members of my staff who have made over the years. In a nation like ours with so parents as partners in their children’s edu- this bill possible. First, to Kate Hous- many religious traditions, built-in protections cation. Parents volunteer at their child’s school ton, who no longer works on Capitol prohibiting religious discrimination in federally site and many become Head Start teachers. Hill, let alone on our committee staff. funded programs represents a fundamental Head Start has a proven track record of im- Years ago, Kate helped craft legislation commitment towards a society that values the proving the lives of low-income children and that closely tracks the bill we are contributions of people of all faiths. families. It narrows the gap between disadvan- poised to pass today. Religious organizations have had a long and taged children and all children in vocabulary Stephanie Milburn, who left our staff proud history in Head Start programs, includ- and writing skills. It also leads to continued im- earlier this year to join Mr. BOEHNER’s ing in my own district of Seattle, where the provements in word knowledge, letter recogni- team, played an integral role in bring- YWCA is a Head Start provider. Civil rights tion, and math and writing skills relative to ing this bill to where it is today, and I protections have never been a bar to partici- other children during their kindergarten year. thank her as well. pation by these organizations. If these safe- 83 percent of Head Start children are at the Finally, I thank Susan Ross and guards are repealed, thousands of dedicated national norm by the time they reach kinder- James Bergeron for their work in help- Head Start teachers and parent volunteers garten. ing to bring this bill across the finish could find themselves no longer welcome at Studies also demonstrate that Head Start line. some Head Start programs run by followers of programs improve the well-being of the chil- I have already mentioned thanks to other faiths. dren and families they serve, providing health Mr. MILLER, Mr. KILDEE, Mr. CASTLE, Religious organizations are free to engage and dental services to children and families and I would like to thank their staff in faith-based hiring when they use their own who might otherwise not have them. Head also for working with us so closely on Start programs benefit parents as well. Head this bill. funds to promote their institutional ministry, but not when they use Federal money to educate Start parents report increases in education at- The team effort that we have dem- tainment and employment during their time af- onstrated on this issue, and our ability our Nation’s children. It would be wrong to permit religious organizations to use Federal filiation with Head Start. In California, 24 per- to work closely with our Democratic cent of Head Start employees are or were counterparts, yielded the product we dollars to discriminate on the basis of religion in running Head Start programs that are in- Head Start parents. In addition, 86 percent of are poised to vote on this afternoon. Head Start volunteers in California are current tended to benefit disadvantaged children of all Mr. Chairman, I yield back the bal- or former parents of the local Head Start pro- ance of my time. faiths. On behalf of the people of Dr. Martin Luther gram. Mr. GEORGE MILLER of California. The Improving Head Start Act of 2007, H.R. King, Jr., County, in Washington State, I Mr. Chairman, I yield myself such time 1429, not updates this program so all children strongly oppose this amendment and urge my as I may consume and just to thank could be put in the road for academic suc- my colleagues who joined in the gen- colleagues to vote ‘‘No.’’ cess. It makes significant improvements that Mrs. CHRISTENSEN. Mr. Chairman, I rise eral debate and for their support for will help strengthen educational outcomes for in support of H.R. 1429, the Improving Head this legislation and, again, to thank students, ensure better coordination with local the staffs on both sides of the aisle of Start Act of 2007. school districts, improve teacher quality, and Mr. Chairman, for the last two Congresses both the subcommittee and the full increase program eligibility. It would help im- we have successfully fought back the attempts committee without whose work and ef- prove Head Start’s workforce quality by in- fort and knowledge this legislation by the then Republican leadership to cut fund- creasing funding for teacher and staff salaries would not be in the kind of shape it is ing, and to drastically change Head Start in and professional development. This includes today, with the support that it has ways that would prevent them from providing providing funds for training personnel in ad- from both Republicans and Democrats the services that our communities have come dressing the unique needs of migrant and sea- for the Head Start bill. to depend on them for. sonal working families, families of children with Mr. McDERMOTT. Mr. Chairman, I rep- Every week I meet with outstanding high disabilities, limited english proficient families resent a community that honors the memory school and college students who began their and homeless families. It will also expand ac- and civil rights legacy of Dr. Martin Luther educational journey in Head Start. This bill cess to up to 10,000 more children and will King, Jr. every day, because King County has provides additional funding so that more chil- strengthen school readiness by re-evaluating adopted Dr. King’s portrait as our symbol, and dren would have the opportunities provided by and updating current standards and assess- Dr. King’s commitment to civil rights as our this important program. ments based on best science. commitment to all the people in King County, H.R. 1429 also provides greater monitoring H.R. 1429 also reserves 5 percent of the Washington. and accountability and increases funds for sal- total Head Start appropriation for the Migrant So, it is with a unique responsibility that I aries and professional development. and Seasonal Head Start program. This is im- rise to strongly oppose this Republican at- As amended it also provides loan forgive- portant because the Migrant and Seasonal tempt to turn back the lock on civil rights in ness for Head Start teachers as a means to Head Start program serves some of the coun- this Nation, beginning with the Head Start pro- attract and retain some of the best teachers try’s neediest working families and is designed gram. The Minority Leader, the leader and for this very vulnerable group of children. to meet the unique challenges and opportuni- spokesman for the Republican Party in the One thing this bill does not do is allow cen- ties faced by the children of farmworkers. House, wants us to legislate employment dis- ters run by religious organizations to discrimi- At a time when America needs to be at the crimination within Head Start based on reli- nate in their hiring. forefront of innovation and education, pro- gion. The Minority Leader wants to turn his Mr. Chairman, this bill, together with H.R. grams like Head Start are an investment in back on civil rights, and turn back the clock on 1867 is an important step forward in realizing our future workforce and their success. I ap- the struggle for freedom that Dr. King and so the ‘‘competitiveness agenda’’ that you have plaud the members of the Committee on Edu- many others fought and died for. laid out for us in the 110th Congress. cation and Labor for their work on the reau- The Republican House leader apparently I urge the passage of both bills. thorization of this important program. I urge finds the First Amendment inconvenient for his Ms. SOLIS. Mr. Chairman, I rise in support my colleagues to vote in favor of H.R. 1429 taste. The First Amendment protects Ameri- of H.R. 1429, the Improving Head Start Act of and to oppose any proposal that would block cans from exactly the kind of foolish proposal 2007. Head Start is a program that has been this grant program or would allow government- before us today. Separation of Church and crucial on the development and academic suc- funded religious discrimination in Head Start State is one of the fundamental principles cess of our children for more than 40 years. programs. Supporting this bill is supporting our within the First Amendment: ‘‘Congress shall Since 1965, more than 24 million children Nation’s future. make no law respecting an establishment of have benefited from Head Start’s comprehen- Mr. TERRY. Mr. Chairman, I rise in support religion, or prohibiting the free exercise thereof sive services and school readiness. Last year of H.R. 1429, the Improving Head Start Act of ...’’ alone Head Start served about 900,000 chil- 2007. We must not roll back civil rights in this Na- dren nationwide—over 98,000 children in my This bipartisan legislation will benefit nearly tion, not today, not tomorrow, and not ever, home State of California and nearly 6,500 chil- one million disadvantaged children nationwide

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 9920 E:\CR\FM\K02MY7.085 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4335 by expanding Head Start’s focus on school Because research has shown children’s vo- in life, we must expand Head Start and par- readiness. Low-income children will be taught cabulary and pre-literacy skills to predict later ticularly Early Head Start. This bill is a step in key early learning skills such as alphabet, school success, every Head Start program that direction. It will more than double the number, color and shape recognition to help should help children reach such strong learn- amount of money available to Early Head them succeed in their school years. ing potential while addressing the short and Start programs. The bill will also expand serv- This bill also opens poor-performing Head long-term needs of the child’s family. EduCare ices to infants and toddlers that are so crucial Start programs to greater public scrutiny and is an incredible success story in the lives of to child development, but often difficult for par- needful competition. Triennial program reviews low-income children. ents to access. In addition, the Improving by the Federal government and independent I also want to draw the attention of my col- Head Start Act will increase eligibility levels so investigation by the Government Accountability leagues to a provision of this bill to protect that children from families making up to 130 Office have revealed that some Head Start Head Start for children of military families. The percent of the Federal poverty level can par- programs operate with Federal tax dollars de- privatization of military housing created an arti- ticipate. This change is especially important in spite chronic financial mismanagement, health ficial raise in a military family’s income, mak- areas of the country with high costs of living, and safety concerns, and poor community in- ing their children ineligible for Head Start. H.R. including my district where the poverty thresh- volvement. 1429 would disregard the Basic Housing Al- old is well below what it actually costs a family H.R. 1429 would help remedy this situation lowance from a family’s income when deter- to live. by requiring Head Start programs to dem- mining Head Start eligibility. Servicemembers This bill’s expansion of Early Head Start and onstrate active partnerships with local school protecting our freedom need not worry about Head Start should be applauded. We cannot districts to ensure smooth transitions for chil- their children’s continued access to Head lose sight, however, that these programs only dren into kindergarten. Poor-performing pro- Start. address the tip of the iceberg. This Congress grams would be opened to competition every Mr. Chairman, I hope we can go even fur- must focus more of our attention on all chil- 5 years. Annual disclosures of financial infor- ther in the future to strengthen the academic dren birth to age 5 and guarantee that all fam- mation and greater participation of parents in emphasis in Head Start and give states and ilies have access to high quality comprehen- the decisions of Head Start governing boards excellent programs such as EduCare a greater sive early care and education programs. This will also make a difference. ability to improve the lives of low-income chil- is an investment that our country must make I have personally seen the benefits of dren and their families. H.R. 1429 makes good if we are serious about giving all of our chil- partnering local school districts with Head progress in this direction. dren a chance at the American dream. Start. Several years ago, a long-standing Mr. STARK. Mr. Chairman, I rise today in Despite the strong bipartisan support for this Head Start program serving 1,000 children in strong support of the Improving Head Start Act legislation, the White House has indicated that of 2007 (H.R. 1429). Douglas County, Nebraska was transferred to the President does not support this legislation Since 1965, Head Start has served millions the control of the Omaha Public School Dis- as written unless we insert a special interest of low-income families and helped children trict to end long-standing financial mismanage- prepare for school. It is an essential program provision for the religious right. The President ment and safety concerns for children. and one whose success has a major impact and many Republicans want to allow religious Omaha Public Schools went the extra mile on children, their families, their community, organizations to discriminate in their hiring by partnering with EduCare, an outstanding and ultimately the future of our country. We practices. Religious organizations have been private preschool program that involves the owe it to our children to pass this bill and Head Start providers since the program was entire family, emphasizes best practices, and make improvements that strengthen and grow established and have done quite well playing focuses on early learning skills to help dis- the Head Start program. by the same rules that prohibit all employers advantaged children succeed in school and Scientific research shows us that 80 percent from discriminating. Pandering rhetoric and life. of brain development occurs by age 3 and 90 veiled threats from the White House will not EduCare was created by Susie Buffett and percent by age 5. Studies also show that edu- improve the life of a single family. currently serves 239 children from Omaha cation achievement gaps between poor and In closing, I hope that all of my colleagues families living below the poverty level. Families minority students and affluent and non-minor- will see the importance of investing in our chil- must either work, be in job training, or attend- ity students are already in place when children dren and supporting families. I urge a ‘‘yes’’ ing school to qualify. Enrollment is free, with begin elementary school. These achievement vote on this legislation and a ‘‘no’’ vote on Re- costs covered by the Nebraska Department of gaps, once in place, tend to persist and are publican attempts to turn this into a vehicle for Education, Omaha Public Schools, the Depart- exceedingly difficult to remedy. Head Start and religious discrimination. ment of Health and Human Services and pri- Early Head Start are effective in closing Mr. WU. Mr. Chairman, I rise in strong sup- vate sources. achievement gaps and foster both short and port of this legislation. EduCare has a low child-to-adult ratio: three long-term success in participating children. Head Start has proven its ability to improve infants per adult, and six preschoolers per In addition to preparing children for success the lives of disadvantaged children. Numerous adult. Bachelor level staff members are trained in school, recent research clearly dem- studies have demonstrated that children who in early childhood education, and the program onstrates that children enrolled in Early Head attend Head Start come to school more pre- contains strong academic components to help Start and their parents realize other very sig- pared than children who do not participate, children succeed in school, including limited nificant gains. Early Head Start children show and that these effects last over a period of english proficiency children. better approaches to learning, demonstrate years. Buffett has said: ‘‘We look at the whole en- more appropriate language acquisition, and I have personal experience with the pro- tire family, not just the child.’’ Parents are di- exhibit less aggressive behavior. Early Head gram—my wife, Michelle, was a Head Start rected to community resources to improve Start parents create a stronger home environ- teacher for 7 years in Oregon. In her classes, home life, such as food shelters and Christ- ment with more parent-child reading and a I saw the children of janitors and security mas toy drives. Single mothers are helped greater repertoire of discipline strategies. Early guards. with transportation and job searches. Head Start parents also show significant Their parents worked in the sparkling towers Prelimary evaluation data indicates that the progress toward economic self-sufficiency. of downtown Portland, but they themselves EduCare program is making a significant dif- These impacts are significant and result in never got to visit downtown, except in their ference in the lives of children. Upon entering children with increased linguistic, cognitive, so- Head Start field trips. the program, children’s language, literacy and cial and emotional competence. What better The Improving Head Start Act makes sev- social emotional areas of development are as- investment could we be making for our chil- eral needed changes to current law. It ends sessed. Most children initially score in the bor- dren? the use of the National Reporting System—a derline range of development. Annual assess- Unlike programs dreamed up by ideologues flawed testing system that has tested over ment results have shown the majority of par- in the Bush Administration like ‘‘abstinence 500,000 4-year-olds, despite strong opposition ticipating children gained more vocabulary only education’’ and ‘‘marriage promotion,’’ we by child development experts. words in the course of the school year than know that Head Start works. Unfortunately, The bill also improves current law by mak- one would expect based on maturity. less than half of eligible children are enrolled ing clear that Head Start agencies must estab- By the time they transitioned to kinder- in Head Start. Even worse, less than 5 per- lish and maintain a formal structure of shared garten, EduCare’s children were scoring very cent of eligible infants and toddlers are en- governance with parent policy councils. This close to the national average. Standardized rolled in Early Head Start. will codify in law that parents have the ability assessments of children’s literacy and kinder- If we are serious about providing all children to shape and share a role in the success of garten readiness skills show similar results. with an opportunity to succeed in school and their local Head Start program.

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 9920 E:\CR\FM\A02MY7.049 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4336 CONGRESSIONAL RECORD — HOUSE May 2, 2007 Finally, the bill authorizes $7.35 billion in Head Start centers and allow those centers to and ensuring that all children can start their funding for the program in FY08—an increase exclude taxpayers from jobs solely on the education on an equal playing field. Today, we of over $400 million from this year’s level. basis of their religious beliefs. It would be a have the opportunity to pass a bill that will Oregon’s Department of Education reports green light for religious bigotry. Its passage make great strides toward just that. that, as of January 2007, 43.2 percent of eligi- would have been bad for education and bad Ms. LEE. Mr. Chairman, I rise in strong sup- ble children cannot participate in the program for religion and I joined the National Head port of the amendment offered to the Head due to lack of funding. Head Start is a highly Start Association, the Interfaith Alliance, and Start reauthorization bill by my friend and col- successful program, and it ultimately costs all countless other secular and religious advo- league from Texas, Congresswoman EDDIE of us when those eligible cannot participate. cates of the Head Start Program in opposing BERNICE JOHNSON. Ms. LORETTA SANCHEZ of California. Mr. it. I am glad that we have a clean bill to pass This amendment would encourage partner- Chairman, I rise today in strong support of the today. ships with Historically Black Colleges and Uni- Head Start Program and I am encouraged by I also urge my colleagues to not only vote versities and Head Start. H.R. 1429, the Head Start Improvement Act of for this bill, but to continue to advocate for This amendment builds on the important 2007. Head Start by supporting full funding for the step that the underlying bill takes. That is, I am a Head Start kid. I have firsthand ex- program. It is not enough to pass the legisla- H.R. 1429 will require that fifty percent of perience of the comprehensive education pro- tion—we need to give our communities the re- Head Start teachers have a Bachelor’s degree grams and opportunities that Head Start pro- sources they need to carry out our mandates. in early childhood education by 2013. vides to low-income families. I thank Chairman MILLER, Chairman KILDEE This amendment would create a partnership Head Start programs promote school readi- and the Committee on Education and Labor between the Secretary of HHS and HBCU’s to ness by assisting with the social and cognitive for their work on this important legislation, and meet the new degree requirements. It would development of young children. Research con- urge its final passage today. require those who benefit from this partnership Ms. HIRONO. Mr. Chairman, I rise today in sistently identifies the early years of a child’s to teach at a Head Start program for a period support of the Improving Head Start Act of development as ever more crucial to the of time equivalent to the time they received 2007. Over and over again, rigorous evalua- child’s lifetime success. assistance. tions have shown that Head Start and Early Many Head Start programs already try to in- This is a significant amendment not only be- Head Start works. It improves the lives of our corporate new research into their strategies cause it will provide students with qualified neediest children and families. through education, health, nutrition, and social teachers in their classrooms, it will also set a services. This bill ensures that local Head I am proud to be an original cosponsor of the bill at hand, as it makes several positive good example for these students. In fact, evi- Start programs have the resources to under- changes to the Head Start program. It author- dence suggests that students who attend early take the best practices for furthering a child’s izes $450 million new dollars to the program, childhood programs have a better chance of development. which is enough to provide up to 10,000 new success later in life. In an article published in Head Start is about the family. As I received spots for children. It prioritizes program im- the Developmental Psychology journal of the education and health services, my mother provement by increasing funding for teacher American Psychological Association in 2005 learned valuable lessons on how to become a and staff salaries and professional develop- showed that children in Early Head Start had more active and involved parent in America’s ment. It suspends the National Reporting Sys- better test scores, had better cognitive and public school system. tem, which is a flawed testing system that language development. These children also I am glad to see that this bill maintains the does not adequately assess this comprehen- showed less aggressive behavior then non- existing shared governance structure to help sive system. early Head Start children, which goes towards empower parents and allow programs to be Science has shown that providing a quality improving the overall environment of our ele- responsive to local needs. early education experience leads to healthy mentary and secondary schools. What’s more, this bill is good for Head Start brain development that prepares children for I urge my colleagues to support this amend- teachers. This bill takes the necessary steps success in school, as well as later in life. Ac- ment and the underlying bill. to ensure that Head Start teachers’ salaries cess to high quality early education, as well as Mr. GEORGE MILLER of California. and professional development are in line with to wrap around, comprehensive services, real- Mr. Chairman, I yield back the balance the responsibility that we assign to them. ly sets the foundation for children and their of my time. The Head Start Improvement Act of 2007 is parents. The CHAIRMAN. All time for general a good bill that will keep Head Start strong so I urge my colleagues to support this strong, debate has expired. it can remain the great program that it was for bipartisan bill. It will directly improve the lives Pursuant to the rule, the amendment me, and continues to be for so many Ameri- of many, many children and families. in the nature of a substitute printed in cans. Mrs. MALONEY of New York. Mr. Chair- the bill shall be considered as an origi- Mr. VAN HOLLEN. Mr. Chairman, I rise man, I rise in strong support of H.R. 1429, the nal bill for the purpose of amendment today to support the Improving Head Start Act, Improving Head Start Act of 2007. Since 1965, under the 5-minute rule and shall be a bill that will strengthen our nation’s premiere the Head Start early childhood education pro- considered read. early childhood education program and ex- gram has provided low-income children with The text of the committee amend- pand its services to thousands more children comprehensive child development, edu- ment in the nature of a substitute is as across the country. cational, health, nutritional, and social activi- follows: Head Start has been improving lives and in- ties to ensure that they are ready to enter kin- H.R. 1429 creasing opportunities for children and families dergarten on an equal playing field with other for more than 40 years. With this important Be it enacted by the Senate and House of Rep- children. H.R. 1429 will expand and improve resentatives of the United States of America in program, we teach our children that they can the successful Head Start program, which re- Congress assembled, succeed, regardless of background or family search has shown works in raising children’s SECTION 1. SHORT TITLE. income. We open doors to millions and pre- achievement. This Act may be cited as the ‘‘Improving Head pare them for future success in school and ca- I want to thank Representatives KILDEE, Start Act of 2007’’. reers. CASTLE and Chairman MILLER for their out- SEC. 2. STATEMENT OF PURPOSE. This bill provides much-needed amend- standing leadership on this bipartisan bill, Section 636 of the Head Start Act (42 U.S.C. ments to Head Start that will improve work- which would allow as many as 10,000 more 9831) is amended to read as follows: force quality by increasing funding for staff sal- children to access the benefits Head Start. It ‘‘SEC. 636. STATEMENT OF PURPOSE. aries and professional development, and en- improves classroom and teacher quality, rais- ‘‘It is the purpose of this subchapter to pro- hance coordination between early education ing the qualifications of teachers and increas- mote the school readiness of low-income chil- and primary schools. It also strengthens ing funding for teacher and staff salaries and dren— standards and accountability to ensure that professional development. The bill also in- ‘‘(1) by enhancing their cognitive, social, and our children are getting the best quality care cludes strong accountability measures to bet- emotional development in a learning environ- and education. ter ensure that Head Start funds are used ap- ment that supports children’s growth in lan- guage, literacy, mathematics, science, social and I am also pleased that this House defeated propriately and efficiently and that underper- emotional functioning, physical skills, and ap- a divisive and misguided motion that would, forming programs are either replaced or quick- proaches to learning; and for the first time, legitimize publicly funded reli- ly improved. ‘‘(2) through the provision to low-income chil- gious discrimination in the Head Start pro- As a former educator, I understand the im- dren and their families of health, educational, gram. It would have given taxpayer money to portance of closing the school-readiness gap nutritional, social, and other services that are

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MY7.035 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4337 determined, based on family needs assessments, ‘‘(B) are developed or selected with extensive experts through a comparably rigorous, objec- to be necessary.’’. participation of administrators and teachers tive, and scientific review.’’, and SEC. 3. DEFINITIONS. from Head Start programs; (11) by amending paragraph (23), as so redes- Section 637 of the Head Start Act (42 U.S.C. ‘‘(C) are developmentally appropriate for the ignated, to read as follows: 9832) is amended— children being served; ‘‘(23) The term ‘State’ means a State, the Com- (1) by redesignating paragraphs (16) and (17) ‘‘(D) include instruction in ways that Head monwealth of Puerto Rico, the District of Co- as paragraphs (22) and (23), respectively, Start personnel may work more effectively with lumbia, Guam, American Samoa, the Virgin Is- (2) by redesignating paragraph (15) as para- parents, as appropriate; lands of the United States, the Commonwealth graph (20), respectively, ‘‘(E) are designed to give teachers and staff of the Northern Mariana Islands, and the Re- (3) by redesignating paragraphs (11) through the knowledge and skills to provide instruction public of Palau.’’. (14) as paragraphs (15) through (18), respec- and appropriate support services to children of SEC. 4. AUTHORIZATION OF APPROPRIATIONS. tively, diverse backgrounds, as appropriate; Section 639 of the Head Start Act (42 U.S.C. (4) by redesignating paragraph (10) as para- ‘‘(F) if a 1-day or short-term workshop or con- 9834) is amended to read as follows: ference, must be as part of the professional de- graph (13), ‘‘SEC. 639. AUTHORIZATION OF APPROPRIATIONS. velopment plan defined in section 648A(f) and be (5) by redesignating paragraphs (2) through ‘‘(a) IN GENERAL.—There are authorized to be delivered by an institution of higher education (9) as paragraphs (3) through (10), respectively, appropriated to carry out this subchapter or other entity with expertise in delivering (6) by inserting after paragraph (1) the fol- $7,350,000,000 for fiscal year 2008 and such sums training in early childhood development, family lowing: as may be necessary for fiscal years 2009 support, and other assistance designed to im- ‘‘(2) The term ‘deficiency’ means— through 2012. prove the delivery of Head Start services; ‘‘(A) systemic or significant material failure of ‘‘(b) SPECIFIC PROGRAMS.—From the amount ‘‘(G) assist teachers with— a Head Start agency in an area of performance appropriated under subsection (a), the Secretary ‘‘(i) the acquisition of the content knowledge that the Secretary determines involves— shall make available to carry out research, dem- and teaching strategies needed to provide effec- ‘‘(i) a threat to the health, safety, or civil onstration, and evaluation activities (including tive instruction and other school readiness serv- rights of children or staff; longitudinal studies under section 649) not more ices in early language and literacy, early mathe- ‘‘(ii) a denial to parents of the exercise of than $20,000,000 for fiscal year 2008 and such matics, early science, cognitive skills, ap- their full roles and responsibilities related to sums as may be necessary for each of fiscal the proaches to learning, creative arts, science, program governance; years 2009 through 2012, of which not more than physical health and development, and social ‘‘(iii) a failure to perform the requirements of $7,000,000 for each of the fiscal years 2008 and emotional development linked to school section 641A(a), as determined by the Secretary; through 2012 shall be available to carry out im- readiness; ‘‘(iv) the misuse of funds received under this ‘‘(ii) meeting the requirements in paragraphs pact studies under section 649(g).’’. subchapter; (1) and (2) of section 648A(a), as appropriate; SEC. 5. ALLOTMENT OF FUNDS; LIMITATION ON ‘‘(v) loss of legal status (as determined by the ‘‘(iii) improving classroom management skills, ASSISTANCE. Secretary) or financial viability, loss of permits, as appropriate; (a) ALLOTMENT OF FUNDS.—Section 640(a) of debarment from receiving Federal grants or con- ‘‘(iv) advancing understanding of effective in- the Head Start Act (42 U.S.C. 9835(a)) is amend- tracts, or the improper use of Federal funds; or structional strategies that are— ed to read as follows: ‘‘(vi) failure to meet any other of Federal or ‘‘(I) based on scientifically based research; ‘‘(a) ALLOTMENT OF FUNDS.— State requirement; or and ‘‘(1) IN GENERAL.—Of the funds appropriated ‘‘(B) material failure of the board of directors ‘‘(II) aligned with— under section 639, the Secretary shall allot such of a Head Start agency to meet its legal and fi- ‘‘(aa) the Head Start Child Outcomes Frame- amounts in accordance with paragraphs (2) duciary responsibilities.’’, work developed by the Secretary and State early through (4), and subject to paragraphs (5) and (7) by inserting after paragraph (10), as so re- learning standards, as appropriate; and (6). designated the following: ‘‘(bb) the curricula, ongoing assessments, and ‘‘(2) THIRTEEN PERCENT SET-ASIDE.—The Sec- ‘‘(11) The term ‘homeless children’ has the other instruction and services designed to help retary shall reserve 13 percent of the amount ap- meaning given such term in section 725(2) of the meet the standards described in section propriated for each fiscal year for use in accord- McKinney-Vento Homeless Assistance Act (42 641A(a)(1); ance with the following order of priorities: U.S.C. 11434a(2)). ‘‘(v) acquiring the knowledge and skills to ‘‘(A) SPECIAL POPULATIONS.—For Indian Head ‘‘(12) The term ‘homeless family’ means the provide instruction and appropriate language Start programs, services for children with dis- family of a homeless child.’’, and support services to increase the English lan- abilities, and migrant and seasonal Head Start (8) by inserting after paragraph (13), as so re- guage skills of limited English proficient chil- programs, except that— designated the following: dren, as appropriate; or ‘‘(i) there shall be made available for each fis- ‘‘(14) The terms ‘limited English proficient’ ‘‘(vi) methods of teaching children with dis- cal year for use by Indian Head Start programs and ‘limited English proficiency’ mean with re- abilities, as appropriate.’’, and by migrant and seasonal Head Start pro- spect to an individual, that such individual— (10) by inserting after paragraph (20), as so grams, on a nationwide basis, not less than the ‘‘(A)(i) was not born in the United States or redesignated, the following: amount that was obligated for use by Indian has a native language that is not English; ‘‘(21) The term ‘scientifically based research’— Head Start programs and by migrant and sea- ‘‘(ii)(I) is a Native American, an Alaska Na- ‘‘(A) means research that involves the appli- sonal Head Start programs for fiscal year 2007; tive, or a native resident of a territory or posses- cation of rigorous, systematic and objective pro- ‘‘(ii) migrant and seasonal Head Start pro- sion of the United States; and cedures to obtain reliable and valid knowledge grams shall receive not less than 5 percent of the ‘‘(II) comes from an environment in which a relevant to education activities and programs; amount appropriated for each fiscal year until language that is not English has had a signifi- and such time as the Secretary can make funding de- cant impact on such individual’s level of ‘‘(B) includes research that— cisions to ensure access to funding for eligible English language proficiency; or ‘‘(i) employs systematic, empirical methods children of migrant and seasonal farmworkers is ‘‘(iii) is migratory, has a native language that that draw on observation or experiment; comparable to access to funding for other eligi- is not English, and comes from an environment ‘‘(ii) involves rigorous data analyses that are ble children based on the data collected and re- in which a language that is not English is domi- adequate to test the stated hypotheses and jus- ported pursuant to section 648(l), except that no nant; and tify the general conclusions drawn; future reduction in funding shall result in the ‘‘(B) has difficulty in speaking or under- ‘‘(iii) relies on measurements or observational termination of Head Start services provided to standing the English language to an extent that methods that provide reliable and valid data any eligible child 3 years of age or older who is may be sufficient to prevent such individual across evaluators and observers, across multiple participating in any such program on the date from— measurements and observations, and across a reduction in funding occurs, and shall, to the ‘‘(i) successful achievement in classrooms in studies by the same or different investigators; extent possible, continue participation for chil- which the language of instruction is English; or ‘‘(iv) is evaluated using experimental or quasi- dren less than 3 years of age receiving services ‘‘(ii) fully participating in society.’’, experimental designs in which individuals, enti- before such reduction in funding; and (9) by inserting after paragraph (18), as so re- ties, programs or activities are assigned to dif- ‘‘(iii) Indian Head Start programs shall re- designated the following: ferent conditions and with appropriate controls ceive not less than 3.5 percent of the amount ap- ‘‘(19) The term ‘professional development’ to evaluate the effects of the condition of inter- propriated for each fiscal year until such time means high quality activities that will improve est, with a preference for random assignment ex- as the Secretary can make funding decisions to the knowledge and skills of Head Start teachers periments, or other designs to the extent that ensure access to funding for eligible Indian chil- and staff, as relevant to their roles and func- those designs contain within-condition or dren is comparable to access to funding for tions, in program administration and the provi- across-condition controls; other eligible children based on the data col- sion of services and instruction, as appropriate, ‘‘(v) ensures that experimental studies are pre- lected in accordance with the requirements of in a manner that improves service delivery to el- sented in sufficient detail and clarity to allow section 648(k), except that no future reduction igible children and families, including activities for replication or, at a minimum, offer the op- in funding shall result in the termination of that— portunity to build systematically on their find- Head Start services provided to any eligible ‘‘(A) are part of a sustained effort to improve ings; and child 3 years of age or older who is participating overall program quality and outcomes for eligi- ‘‘(vi) has been accepted by a peer-reviewed in any such program on the date a reduction in ble children and families; journal or approved by a panel of independent funding occurs, and shall, to the extent possible,

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MY7.039 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4338 CONGRESSIONAL RECORD — HOUSE May 2, 2007 continue participation for children less than 3 ‘‘(i) Not less than one-fourth of the amount amounts appropriated in each fiscal year among years of age receiving services before such re- reserved under this paragraph, to improve the the States, in accordance with latest satisfac- duction in funding. compensation, salary scales, and benefit stand- tory data so that— ‘‘(B) PAYMENTS TO TERRITORIES AND FREELY ards of educational staff, family service work- ‘‘(A) each State receives an amount which is ASSOCIATED STATES.—Subject to paragraph (7), ers, and child counselors, as described in sec- equal to the amount the State received for fiscal for payments to Guam, American Samoa, the tions 644(a) and 653, to ensure that salary levels year 2007; and Commonwealth of the Northern Mariana Is- and benefits are adequate to attract and retain ‘‘(B) any amount available after all allot- lands, the Virgin Islands of the United States, qualified staff for such programs. ments are made under subparagraph (A) for and the Republic of Palau, except that pay- ‘‘(ii) Providing on-going professional develop- such fiscal year shall be distributed proportion- ments to the Republic of Palau shall not be ment to teachers that improves their under- ately on the basis of the number of children less made after fiscal year 2009. standing of child development, content knowl- than 5 years of age from families whose income ‘‘(C) TRAINING AND TECHNICAL ASSISTANCE.— edge, and appropriate teaching strategies need- is below the poverty line. Not less than 2 percent of the amount appro- ed to provide effective instruction and other For purposes of this paragraph, for each fiscal priated for such fiscal year for training and school readiness services in the areas of early year the Secretary shall use the most recent technical assistance activities to foster program language and literacy, early mathematics, cog- data available on the number of children less quality and management improvement as de- nitive skills, approaches to learning, creative than 5 years of age from families whose income scribed in section 648, of which— arts, science, physical health and development, ‘‘(i) not less than 50 percent shall be available is below the poverty line, as published by the and social and emotional development. Department of Commerce, unless the Secretary to local Head Start agencies to make program ‘‘(iii) Improving the qualifications and skills improvements identified by such agencies to use and the Secretary of Commerce determine that of educational personnel to meet the profes- use of the most recent data available would be for the training and technical assistance activi- sional standards established under section ties described in section 648(j); inappropriate or unreliable. If the Secretary and 648A(a)(1), including providing assistance to the Secretary of Commerce determine that some ‘‘(ii) not less than 30 percent shall be available complete postsecondary course work, subject to to the Secretary to support a State-based system or all of the data referred to in this paragraph section 648A(a)(2)(D). are inappropriate or unreliable, the Secretaries or a national system, in the case of migrant and ‘‘(iv) Ensuring that the physical environments shall issue a report setting forth their reasons in seasonal Head Start and Indian Head Start pro- of Head Start programs are conducive to pro- detail. grams, of early childhood education training viding effective program services to children and ‘‘(5) COLLABORATION GRANTS.— and technical assistance to local Head Start families, and are accessible to children with dis- ‘‘(A) From amounts reserved and allotted agencies as described in section 648(n); and abilities and other individuals with disabilities. ‘‘(iii) the remainder of such amount shall be ‘‘(v) Employing additional qualified classroom under paragraph (4), the Secretary shall award available to the Secretary to assist local Head staff necessary to reduce the child to teacher the collaboration grants described in subpara- Start agencies in meeting and exceeding the ratio in the classroom and family to staff ratio graphs (B), (C), and (D). standards described in section 641A(a)(1), in- for family services workers. ‘‘(B)(i) From the reserved sums, the Secretary cluding financial assistance to help Head Start ‘‘(vi) Ensuring that such programs have quali- shall award upon submission of a written re- programs address weaknesses identified by mon- fied staff that can promote language skills and quest, a collaboration grant to each State and to itoring activities conducted by the Secretary literacy growth of children and that can provide each national administrative office serving In- under section 641A(c), except that— children with a variety of skills that have been dian Head Start programs and migrant and sea- ‘‘(I) not less than $3,000,000 shall be available identified, through scientifically based reading sonal Head Start programs to facilitate collabo- to carry out the activities described in section research, as predictive of later reading achieve- ration between Head Start agencies and entities 648(c)(4); and ment. (including the State or national administrative ‘‘(II) no more than $5,000,000 shall be reserved ‘‘(vii) Increasing hours of program operation, office) that carry out other activities designed to to carry out the activities described in section including— benefit low-income families and children from 642B(b). ‘‘(I) conversion of part-day to full-day; and birth to school entry. The national administra- ‘‘(D) MONITORING AND TERMINATIONS.—For ‘‘(II) number of weeks operated in a calendar tive offices shall use the funds made available discretionary payments made by the Secretary, year. through the grants to carry out the authorities including payments for all costs (other than ‘‘(viii) Improving the compensation and bene- and responsibilities described in subparagraphs compensation of Federal employees) of reviews fits of staff of Head Start agencies in order to (B) and (C). of Head Start agencies, programs under section improve the quality of Head Start programs. ‘‘(ii) Grants described in clause (i) shall be 641A(c), and of activities carried out under ‘‘(ix) Transportation costs associated with used to— paragraph (1), (2), or (3) of section 641A(d) re- transporting Head Start children safely, except ‘‘(I) assist Head Start agencies to collaborate lated to correcting deficiencies and conducting that— with entities involved in State and local plan- proceedings to terminate the designation of ‘‘(I) no more than ten percent of funds under ning processes to better meet the needs of low- Head Start agencies. this paragraph may be used for such purposes; income families and children from birth to ‘‘(E) RESEARCH.—For payments for research, ‘‘(II) a Head Start agency shall demonstrate school entry; demonstration, and evaluation activities under efforts to leverage the costs of transportation ‘‘(II) assist Head Start agencies to coordinate section 649. through collaboration with other entities; and activities with the State agency responsible for No funds reserved under this paragraph or ‘‘(III) a Head Start agency shall submit infor- administering the State program carried out paragraph (3) may be combined with funds ap- mation to the Secretary describing how such use under the Child Care and Development Block propriated under any other Act if the purpose of of funds is necessary to prevent reduction or ter- Grant Act of 1990 (42 U.S.C. 9858 et seq.) and en- combining funds is to make a single discre- mination of transportation services or, in the tities providing resource and referral services in tionary grant or a single discretionary payment, case of a Head Start agency serving a rural the State, to make full-working-day and full unless such funds appropriated under this sub- community, how such use of funds is necessary calendar year services available to children; chapter are separately identified in such grant to improve services to such community. ‘‘(III) promote alignment of Head Start cur- ‘‘(C) ALLOCATION.— or payment and are used for the purposes of this ricula and continuity of services with the Head subchapter. ‘‘(i) Funds reserved under subparagraph (A) shall be allotted by the Secretary as follows: Start Child Outcomes Framework and State ‘‘(3) QUALITY IMPROVEMENT FUNDS.— early learning standards, as appropriate; ‘‘(A) DETERMINATION OF FUNDS.— ‘‘(I) 80 percent of such funds shall be allotted ‘‘(i) For each of the fiscal years 2008 through among the States in the same proportion as the ‘‘(IV) promote better linkages between Head 2012, to provide assistance for activities specified Secretary allots funds among the States under Start agencies and other child and family agen- in subparagraph (B), the Secretary shall re- paragraph (4) for the respective fiscal year. cies, including agencies that provide health, serve, from the amount (if any) by which the ‘‘(II) 20 percent of such funds shall be allotted mental health, or family services, or other child funds appropriated under section 639(a) for a among the States, geographical areas specified or family supportive services, such as services fiscal year exceed the adjusted prior year appro- in subsection (a)(2)(B) and Indian Head Start provided under section 619 or part C of the Indi- priation, a share equal to the sum of— programs and migrant and seasonal Head Start viduals with Disabilities Education Act (20 ‘‘(I) 60 percent of such excess amount; and programs, and used to make grants to Head U.S.C. 1419, 1431 et seq.); and ‘‘(II) any additional part of such excess Start agencies, at the discretion of the Sec- ‘‘(V) carry out the activities of the State Di- amount the Secretary may find necessary to ad- retary. rector of Head Start Collaboration authorized in dress a demonstrated need for such activities. ‘‘(ii) Funds allotted under clause (i) shall be subparagraph (D). ‘‘(ii) As used in clause (i), the term ‘adjusted used by the Secretary to make grants to Head ‘‘(C) In order to improve coordination and de- prior year appropriation’ means, with respect to Start agencies that receive grants from funds al- livery of early education services to children in a fiscal year, the amount appropriated under lotted under paragraph (4) for such fiscal year, the State, a State that receives a collaboration section 639(a) for the preceding fiscal year, ad- in such amounts as the Secretary considers to be grant under subparagraph (B) shall— justed to reflect the percentage change in the appropriate, for expenditure for activities speci- ‘‘(i) appoint or designate an individual to Consumer Price Index for All Urban Consumers fied in subparagraph (B). serve as, or carry out the responsibilities of, the (issued by the Bureau of Labor Statistics) dur- ‘‘(iii) Funds received under this subparagraph State Director of Head Start Collaboration; ing such preceding fiscal year. shall be used to supplement, not to supplant, ‘‘(ii) ensure that the State Director of Head ‘‘(B) QUALITY IMPROVEMENT ACTIVITIES.— funds received under paragraph (2) or (4). Start Collaboration holds a position with suffi- Funds reserved under this paragraph shall be ‘‘(4) GRANT DISTRIBUTION.—Subject to section cient authority and access to ensure that the used to carry out the following activities: 639(b), the Secretary shall allot the remaining collaboration described in subparagraph (B) is

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MY7.039 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4339 effective and involves a range of State agencies; ‘‘(viii) work with the State Early Learning child abuse prevention services, protective serv- and Council in order to assist the efforts of Head ices, and foster care, and organizations serving ‘‘(iii) involve the State Head Start Association Start agencies to engage in effective coordina- families in whose homes English is not the lan- in the selection of the Director and involve the tion and collaboration. guage customarily spoken), and individuals, or- Association in determinations relating to the on- ‘‘(6) EARLY HEAD START.— ganizations, and public entities serving children going direction of the collaboration office. ‘‘(A) AMOUNTS RESERVED.—From amounts re- with disabilities or homeless children, including ‘‘(D) The State Director of Head Start Col- served and allotted pursuant to paragraphs (2) the local educational agency liaison designated laboration shall— and (4), the Secretary shall use, for grants for under section 722(g)(1)(J)(ii) of the McKinney- ‘‘(i) not later than 1 year after the State re- programs described in section 645A(a), a portion Vento Homeless Assistance Act (42 U.S.C. ceives a collaboration grant under subpara- of the combined total of such amounts that is 11432(g)(1)(J)(ii)); graph (B), conduct an assessment that— not less than 12 percent for fiscal year 2008, not ‘‘(D) the extent to which the family and com- ‘‘(I) addresses the needs of Head Start agen- less than 14 percent for fiscal year 2009, not less munity needs assessment of the applicant re- cies in the State with respect to collaboration, than 16 percent for fiscal year 2010, not less flects a need to provide full working-day or full coordination, and alignment of services, and than 18 percent for fiscal year 2011, and not less calendar year services and the extent to which, alignment of curricula and assessments with the than 20 percent for fiscal year 2012 of the and manner in which, the applicant dem- Head Start Child Outcomes Framework, and amount appropriated pursuant to section 639(a). onstrates the ability to collaborate and partici- with State early learning standards, as appro- ‘‘(B) LIMITATIONS.— pate with the State and local community pro- priate; ‘‘(i) For any fiscal year for which the Sec- ‘‘(II) shall be updated on an annual basis; viders of child care or preschool services to pro- retary determines that the amount appropriated vide full working-day full calendar year serv- and under section 639(a) is not sufficient to permit ‘‘(III) shall be made available to the general ices; the Secretary to reserve the portion described in ‘‘(E) the number of eligible children in each public within the State; subparagraph (A) without reducing the number ‘‘(ii) develop a strategic plan that is based on community who are not participating in a Head of children served by Head Start programs or the assessment described in clause (i) that will— Start program or any other early childhood pro- ‘‘(I) enhance collaboration and coordination adversely affecting the quality of Head Start gram; services, relative to the number of children of Head Start services with other entities pro- ‘‘(F) the concentration of low-income families served and the quality of the services during the viding early childhood programs and services in each community; preceding fiscal year, the Secretary may reduce (such as child care or services offered by muse- ‘‘(G) the extent to which the applicant pro- the percentage of funds required to be reserved ums), health care, mental health care, welfare, poses to foster partnerships with other service for the portion described in subparagraph (A) child protective services, education and commu- providers in a manner that will leverage the ex- for the fiscal year for which the determination nity service activities, family literacy services, isting delivery systems of such services and en- is made, but not below the percentage required reading readiness programs (including such pro- hance the resource capacity of the applicant; grams offered by public and school libraries), to be so reserved for the preceding fiscal year. ‘‘(ii) For any fiscal year for which the amount ‘‘(H) the extent to which the applicant, in services relating to children with disabilities, appropriated under section 639(a) is reduced to providing services, successfully coordinated its other early childhood programs and services for a level that requires a lower amount to be made activities with the local educational agency limited English proficient children and homeless available under this subchapter to Head Start serving the community involved, (including the children, and services provided for children in agencies and entities described in section 645A, local educational agency liaison designated foster care and children referred to Head Start relative to the amount made available to such under section 722(g)(1)(J)(ii) of the McKinney- programs by child welfare agencies, including agencies and entities for the preceding fiscal Vento Homeless Assistance Act (42 U.S.C. agencies and State officials responsible for such year, adjusted as described in paragraph 11432(g)(1)(J)(ii)) and with schools in which services; children participating in a Head Start program ‘‘(II) assist Head Start agencies to develop a (3)(A)(ii), the Secretary shall proportionately re- duce— operated by such agency will enroll following plan for the provision of full-working-day, full such program, regarding such services and the calendar year services for children enrolled in ‘‘(I) the amounts made available to such enti- ties for programs carried out under section 645A; education services provided by such local edu- Head Start programs who need such care; cational agency; and ‘‘(III) assist Head Start agencies to align cur- and ‘‘(I) the amount of funds used by such agency ricula and assessments with the Head Start ‘‘(II) the amounts made available to such to pay administrative expenses and the amount Child Outcomes Framework and to the State Head Start agencies for Head Start programs. of available funds received by such agency early learning standards, as appropriate; and ‘‘(7) For purposes of this subsection, the term ‘‘(IV) enable Head Start agencies in the State ‘State’ does not include Guam, American Samoa, under this section to service each enrolled to better access professional development oppor- the Virgin Islands, the Commonwealth of the child.’’. tunities for Head Start staff, such as by— Northern Mariana Islands, the Federated States (d) TRANSPORTATION SAFETY.— ‘‘(aa) working with local Head Start agencies of Micronesia, the Republic of the Marshall Is- (1) REGULATIONS.—The Secretary shall issue to meet the degree requirements described in sec- lands, and the Republic of Palau.’’. regulations establishing requirements for the tion 648A(a)(2)(A), including providing distance (b) SERVICE DELIVERY MODELS.—Section safety features, and the safe operation, of vehi- learning opportunities for Head Start staff, 640(f) of the Head Start Act (42 U.S.C. 9835(f)) cles used by Head Start agencies to transport where needed to make higher education more is amended to read as follows: children participating in Head Start programs. accessible to Head Start staff; and ‘‘(f) SERVICE DELIVERY MODELS.— (2) GOOD CAUSE WAIVER AUTHORITY.—The Sec- ‘‘(bb) enabling the State Head Start agencies ‘‘(1) Not later than 1 year after the date of the retary shall allow Head Start agencies to annu- to better conduct outreach to eligible families; enactment of the Improving Head Start Act of ally request a good cause exception to the re- ‘‘(iii) promote partnerships between Head 2007, the Secretary shall establish procedures to quirements of regulations promulgated under Start agencies, State and local governments, enable Head Start agencies to develop locally paragraph (1) for one or more vehicles used by and the private sector to help ensure that chil- designed or specialized service delivery models to the agency or its designee in transporting chil- dren, who are in Head Start programs, are re- address local community needs, including mod- dren enrolled in a Head Start program or an ceiving comprehensive services to prepare the els that leverage the existing capacity and capa- Early Head Start program if— children to enter school ready to succeed; bilities of the delivery system of early childhood (A) such requirements would create a safety ‘‘(iv) consult with the chief State school offi- education and child care. hazard in the circumstances faced by such agen- cer, local educational agencies, and providers of ‘‘(2) In establishing the procedures, the Sec- cy; or early childhood education and care, regarding retary shall establish procedures to provide for— (B) such requirements pertain to child re- ‘‘(A) the conversion of part-day programs to early care and education services at both the straint systems (45 C.F.R. 1310.11, 1310.15(a)) or full-day programs or part-day slots to full-day State and local levels; bus monitors (45 C.F.R. 1310.15(c)); ‘‘(v) promote partnerships between Head Start slots; and (C) the agency demonstrates that compliance agencies, schools, law enforcement, relevant ‘‘(B) serving additional infants and toddlers with such requirements will result in a signifi- community-based organizations, and substance pursuant to section 645(a)(4).’’. cant disruption to the Head Start program or abuse and mental health treatment agencies to (c) EXPANSION OF HEAD START PROGRAMS.— the Early Head Start program; and strengthen family and community environments Section 640(g) of the Head Start Act (42 U.S.C. and to reduce the impact on child development 9835(g)) is amended in paragraph (2)— (D) the waiver is in the best interest of the of substance abuse, child abuse, domestic vio- (1) by striking ‘‘For the purpose of expanding children involved. lence, and other high risk behaviors that com- Head Start programs, in’’ and inserting ‘‘In’’, (e) MIGRANT AND SEASONAL HEAD START PRO- promise healthy development; and GRAMS.—Section 640(l) of the Head Start Act (42 ‘‘(vi) promote partnerships between Head (2) by amending subparagraphs (C) through U.S.C. 9835(l)) is amended— Start agencies and other organizations in order (H) to read as follows: (1) by amending paragraph (3) to read as fol- to enhance Head Start program quality, includ- ‘‘(C) the extent to which the applicant has lows: ing partnerships to promote inclusion of more undertaken community-wide strategic planning ‘‘(3) In carrying out this subchapter, the Sec- books in Head Start classrooms; and needs assessments involving other commu- retary shall continue the administrative ar- ‘‘(vii) identify other resources and organiza- nity organizations and local public agencies rangement at the national level for meeting the tions (both public and private) for the provision serving children and families with Federal, needs of Indian children and children of mi- of in-kind services to Head Start agencies in the State, or local funds (including organizations grant and seasonal farmworkers and shall en- State; and and agencies providing family support services, sure that appropriate funding is provided to

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MY7.039 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4340 CONGRESSIONAL RECORD — HOUSE May 2, 2007 meet such needs, including training and tech- nonprofit agency, including community-based education program. Grantees who are deter- nical assistance and the appointment of a na- and faith-based organizations, or for-profit mined under such system to be— tional migrant and seasonal Head Start collabo- agency, within a community, in the manner and ‘‘(A) successfully delivering a high quality ration director and a national Indian Head process utilized by the Secretary prior to the en- comprehensive early education program shall be Start collaboration director.’’, and actment of the Improving Head Start Act of designated a Head Start agency for a period of (2) by adding at the end the following: 2007. 5 years; ‘‘(4)(A) For the purposes of paragraph (3), the ‘‘(b) APPLICATION FOR GRANTS.—Each entity ‘‘(B) under-performing and may enter into an Secretary shall conduct an annual consultation shall submit a plan to the Secretary, at such open competition as described in subsection (e); in each affected Head Start region, with tribal time and in such manner as the Secretary may and governments operating Head Start programs and require. ‘‘(C) notwithstanding paragraph (B), if an In- Early Head Start programs. ‘‘(c) DEVELOPMENT OF APPLICATION REVIEW dian Head Start agency is determined to be ‘‘(B) The consultations shall be for the pur- SYSTEM.— underperforming, the Secretary shall engage in pose of better meeting the needs of Indian chil- ‘‘(1) IN GENERAL.—The Secretary shall develop government-to-government consultation with dren and children of Alaskan Natives, and their a system that integrates the recommendations of the appropriate tribal government or govern- families, in accordance with subsections (a), (b), the expert panel convened under paragraph (3) ments for the purpose of establishing a perform- and (c) of section 641, taking into consideration to determine if a Head Start agency is providing ance enhancement plan for that agency. Such funding allocations, distribution formulas, and a quality comprehensive early learning program plan is to be developed and implemented within 6 months of the Secretary’s determination. Not other issues affecting the delivery of Head Start that meets the educational, health, and nutri- more than 6 months after implementation of services in their geographic locations. tional needs of the children and families it that plan, the Secretary shall re-evaluate the ‘‘(C) The Secretary shall publish a notifica- serves, and meets program and financial man- performance of the Indian Head Start agency. If tion of the consultations in the Federal Register agement requirements and performance stand- the Indian Head Start agency remains under- before conducting the consultations. ards described in section 641A(a)(1), based on— performing, the Secretary shall conduct an open ‘‘(D) A detailed report of each consultation ‘‘(A) annual budget data; competition as described in subsection (e), sub- shall be prepared and made available within 90 ‘‘(B) program reviews conducted under section 641A(c); ject to the following limitations: days of the annual consultation to all Indian ‘‘(i) Except as provided in paragraph (ii), a tribes that receive assistance under this sub- ‘‘(C) annual audits required under section 647; ‘‘(D) classroom quality as measured under sec- non-Indian Head Start agency may not receive chapter.’’. a grant to carry out an Indian Head Start pro- (f) ENROLLMENT OF HOMELESS CHILDREN; tion 641A(c)(2)(H); and ‘‘(E) Program Information Report. gram. RULE OF CONSTRUCTION; MATERIALS.—Section ‘‘(ii) In a community in which there is no In- ‘‘(2) EXPERT PANEL.—No later than six months 640 of the Head Start Act (42 U.S.C. 9835) is dian Head Start agency available for designa- after the enactment of the Improving Head Start amended by adding at the end the following: tion to carry out an Indian Head Start program, Act of 2007, the Secretary shall convene an ex- ‘‘(m) ENROLLMENT OF HOMELESS CHILDREN.— a non-Indian Head Start agency, on an interim pert panel of 7 members to make recommenda- The Secretary shall issue rules to establish poli- basis, may receive a grant to carry out an In- tions to the Secretary on the development of a cies and procedures to remove barriers to the en- dian Head Start program, but only until such transparent, reliable, and valid system for eval- rollment and participation of homeless children time as an Indian Head Start agency in such uating grant renewal applications. in Head Start programs. Such rules shall require community becomes available. ‘‘(3) COMPOSITION OF EXPERT PANEL.—The Head Start agencies— ‘‘(d) TRANSPARENCY, RELIABILITY, AND VALID- Secretary, in convening such panel, shall ap- ‘‘(1) to implement policies and procedures to ITY.—The Secretary shall ensure the system of ensure that homeless children are identified and point the following: application evaluation is fair, consistent, and ‘‘(A) 5 members, who are competent, by virtue prioritized for enrollment; transparent and applied in a manner that des- of their training, expertise, and experience, in ‘‘(2) to allow homeless families to apply to, en- ignates, in a timely manner grantees as Head each of at least one of the following areas: roll in and attend Head Start programs while re- Start agencies for a period of 5 years if such ‘‘(i) Early childhood program accreditation or quired documents, such as proof of residency, grantees are providing a high quality com- quality assessment. immunization and other medical records, birth prehensive early education program. The Sec- ‘‘(ii) Research on early childhood develop- certificates and other documents, are obtained retary shall periodically evaluate whether the ment. within a reasonable time frame; and criteria are being applied in a manner that is ‘‘(3) coordinate individual Head Start pro- ‘‘(iii) Governance and finance of non-profit organizations. transparent, reliable, and valid. grams with efforts to implement subtitle B of ‘‘(e) DESIGNATION WHEN NO ENTITY HAS PRI- ‘‘(iv) Delivery of services to children and fami- title VII of the McKinney-Vento Homeless As- ORITY.— lies with limited English proficiency. sistance Act (42 U.S.C. 11431–11435). ‘‘(1) IN GENERAL.—If no entity in a community ‘‘(v) Delivery of services to children with dis- ‘‘(n) RULE OF CONSTRUCTION.—Nothing in this is determined to be successfully delivering a abilities. subchapter shall be construed to require a State high quality comprehensive early education pro- ‘‘(B) An employee from the Office of Head to establish a program of early education for gram, as specified in subsection (c), the Sec- Start. children in the State, to require any child to retary shall, after conducting an open competi- ‘‘(C) An executive director of a Head Start participate in a program of early education, to tion, designate for a 5-year period a Head Start agency. attend school, or to participate in any initial agency from among qualified applicants in such ‘‘(4) EXPERT PANEL REPORT.—Within 12 community. screening before participating in such program, months of being convened by the Secretary, the ‘‘(2) CONSIDERATIONS IN DESIGNATION.—In se- except as provided under sections 612(a)(3) and expert panel shall issue a report to the Secretary lecting from among qualified applicants for des- 635(a)(5) of the Individuals with Disabilities that provides recommendations on a proposed ignation as a Head Start agency, the Secretary Education Act. system of application review that takes into ac- shall consider the effectiveness of each such ap- ‘‘(o) MATERIALS.—All curricula and instruc- count the criteria in paragraph (1) to evaluate plicant to provide Head Start services, based tional materials funded under this subchapter whether a Head Start grantee is meeting mission shall be based on scientifically based research, on— to provide a high quality comprehensive early ‘‘(A) any past performance of such applicant age and developmentally appropriate, and fo- education program, including adequately meet- cused on all areas of development (cognitive, so- in providing services comparable to Head Start ing its governance and financial management services, including how effectively such appli- cial, emotional, and physical), learning (lan- requirements. guage and literacy, mathematics, science, and cant provided such comparable services; ‘‘(5) PUBLIC COMMENT; REPORT TO CON- creative arts) and approaches to learning. Par- ‘‘(B) the plan of such applicant to provide GRESS.—No later than 6 months after receiving ents shall be permitted to inspect, upon request, comprehensive health (including mental and be- the report described in paragraph (4), the Sec- havioral health), educational, nutritional, so- any curricula or instructional materials used to retary shall publish a proposed system of appli- carry out this subchapter.’’. cial, and other services needed to prepare chil- cation review in the Federal Register, providing dren to succeed in school and in life; SEC. 6. DESIGNATION OF HEAD START AGENCIES. at least 90 days for public comment and shall ‘‘(C) the plan of such applicant to attract and Section 641 of the Head Start Act (42 U.S.C. provide a report to the Education and Labor retain qualified staff capable of delivering a 9836) is amended to read as follows: Committee of the U.S. House of Representatives high quality comprehensive early education pro- ‘‘SEC. 641. DESIGNATION OF HEAD START AGEN- and the Health, Education, Labor, and Pen- gram, including demonstrating the ability to CIES. sions Committee of the U.S. Senate that provides provide adequate salary and benefits to main- ‘‘(a) AUTHORITY TO DESIGNATE.—The Sec- a detailed description of such proposed system, tain a high quality staff; retary is authorized to designate as a Head including clear rationale for any differences be- ‘‘(D) the ability of such applicant to maintain Start agency any local public or private non- tween the proposed system and the recommenda- child-teacher ratios and family service worker profit agency, including community-based and tions of the expert panel, if any such differences caseloads that reflect best practices and are tied faith-based organizations, or for-profit agency, exist. to high quality service delivery; within a community, pursuant to the require- ‘‘(6) IMPLEMENTATION OF APPLICATION REVIEW ‘‘(E) the capacity of such applicant to serve ments of this section, except that until such time SYSTEM.—After the Secretary has reviewed all eligible children with curriculum and teaching that the Secretary develops and implements the public comments and finalized the system of ap- practices that are based on scientifically based system of application review under this section, plication review, the Secretary will use this sys- research, are developmentally appropriate, and the Secretary is authorized to designate as a tem to determine which grantees are successfully that promote the school readiness of children Head Start agency, any local public or private delivering a high quality comprehensive early participating in the program;

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MY7.039 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4341 ‘‘(F) the plan of such applicant to meet stand- by working directly with fathers and father fig- health, parental involvement, nutritional, so- ards set forth in section 641A(a)(1), with par- ures through activities such as— cial, transition activities described in section ticular attention to the standards set forth in ‘‘(I) in appropriate cases, including fathers in 642(d), and other services; subparagraphs (A) and (B) of such section; home visits and providing culturally appropriate ‘‘(B) scientifically based and developmentally ‘‘(G) the proposed budget and plan of such opportunities for direct father-child inter- appropriate early learning standards related to applicant to maintain strong fiscal controls and actions; and school readiness that are based on the Head cost effective fiscal management; ‘‘(II) targeting increased male participation in Start Child Outcomes Framework to ensure that ‘‘(H) the plan of such applicant to coordinate the conduct of the program; the children participating in the program, at a the Head Start program the applicant proposes ‘‘(K) the plan of such applicant to meet the minimum develop and demonstrate— to carry out, with other local early learning pro- needs of limited English proficient children and ‘‘(i) language knowledge and skills, including grams for young children, including— their families, including procedures to identify oral language and listening comprehension; ‘‘(i) programs implementing grants under the such children, plans to provide trained per- ‘‘(ii) prereading knowledge and skills that Early Reading First and Even Start programs sonnel, and plans to provide services to assist prepare children for early literacy in schools in- under subparts 2 and 3 of part B of title I of the the children in making progress toward the ac- cluding phonological awareness, print aware- Elementary and Secondary Education Act of quisition of the English language, while making ness and print skills, and alphabetic knowledge; 1965 (20 U.S.C. 6371 et seq., 6381 et seq.); meaningful progress in attaining the knowledge, ‘‘(iii) mathematics knowledge and skills, in- ‘‘(ii) and programs under section 619 and part skills, abilities, and development described in cluding aspects of classification, seriation, num- C of the Individuals with Disabilities Education section 641A(a)(1)(B); ber, spatial relations, and time; Act (20 U.S.C. 1419, 1431 et seq.); ‘‘(L) the plan of such applicant to meet the di- ‘‘(iv) science knowledge and skills, including ‘‘(iii) State prekindergarten programs; verse cultural needs of the population served; measurement; ‘‘(iv) child care programs; and ‘‘(M) the plan of such applicant to meet the ‘‘(v) cognitive abilities related to academic ‘‘(v) the educational programs that the chil- needs of children with disabilities; achievement and general knowledge; dren participating in the Head Start program ‘‘(N) the plan of such applicant who chooses ‘‘(vi) social and emotional development related will enter at the age of compulsory school at- to assist younger siblings of children who will to early learning, school success, social problem- tendance; participate in the Head Start program to obtain solving, and overall well-being; ‘‘(I) the plan of such applicant to coordinate health, including mental health, services from ‘‘(vii) approaches to learning related to child the Head Start program that the applicant pro- other sources; development and early learning; poses to carry out, with public and private enti- ‘‘(O) the plan of such applicant to collaborate ‘‘(viii) creative arts; and ties that are willing to commit resources to assist with other entities carrying out public or private ‘‘(ix) in the case of limited-English proficient the Head Start program in meeting its program early childhood education and child care pro- children, progress toward acquisition of the needs; grams in the community; English language while making meaningful ‘‘(J) the plan of such applicant— ‘‘(P) the plan of such applicant to meet the progress in attaining the knowledge, skills, ‘‘(i) to seek the involvement of parents (in- needs of homeless children, including transpor- abilities, and development described in clauses cluding grandparents and kinship caregivers, as tation needs, and children in foster care and (i) through (viii), including progress made appropriate) of children participating in the children and families experiencing toxic stress; through the use of culturally and linguistically proposed Head Start program, in activities (at ‘‘(Q) the plan of such applicant to maintain a appropriate instructional services; home and, if practicable, at the location of the qualified staff, including a teaching staff quali- ‘‘(C) administrative and financial manage- Head Start program) designed to help such par- fied to implement research-based curricula ment standards; ents become full partners in the education of aligned with the Head Start Child Outcomes ‘‘(D) standards relating to the condition and their children; Framework developed by the Secretary and to location of facilities for such agencies, pro- ‘‘(ii) to afford such parents the opportunity to the early learning standards in State in which grams, and projects; and participate in the development and overall con- such program would operate; ‘‘(E) such other standards as the Secretary duct of the program at the local level; ‘‘(R) the plan of such applicant to enter into finds to be appropriate. ‘‘(iii) to offer (directly or through referral to memoranda of understanding with local edu- ‘‘(2) CONSIDERATIONS IN DEVELOPING STAND- local entities, such as entities carrying out Even cational agencies within the service area, as de- ARDS.—In developing the standards required Start programs under subchapter 3 of part B of scribed in section 642B(a); and under paragraph (1), the Secretary shall— title I of the Elementary and Secondary Edu- ‘‘(S) other factors related to the requirements ‘‘(A) consult with experts in the fields of child cation Act of 1965 (20 U.S.C. 6381 et seq.), public of this subchapter. development, early childhood education, child and school libraries, and entities carrying out ‘‘(f) INTERIM PROVIDER.—If no agency in the health care, family services (including linguis- family support programs) to such parents— community receives priority designation under tically and culturally appropriate services to ‘‘(I) family literacy services; and subsection (c), and there is no qualified appli- limited English proficient children and their ‘‘(II) parenting skills training; cant in the community, the Secretary shall des- families), administration, and financial manage- ‘‘(iv) to offer to parents of participating chil- ignate a qualified agency to carry out the Head ment, and with persons with experience in the dren, mental health services (either directly or Start program in the community on an interim operation of Head Start programs; through referral to local entities), including sub- basis until a qualified applicant from the com- ‘‘(B) take into consideration— stance abuse counseling and information on ma- munity is so designated. ‘‘(i) past experience with use of the standards ternal depression and on the effect of drug-ex- ‘‘(g) PARENT AND COMMUNITY PARTICIPA- in effect under this subchapter on October 27, posure on infants and fetal alcohol syndrome; TION.—The Secretary shall require that the 1998; ‘‘(v) at the option of such applicant, to offer practice of significantly involving parents and ‘‘(ii) changes over the period since October 27, (directly or through referral to local entities) to area residents affected by the program in the se- 1998, in the circumstances and problems typi- such parents— lection of Head Start agencies be continued. cally facing children and families served by ‘‘(I) training in basic child development (in- ‘‘(h) COMMUNITY.—For purposes of this sub- Head Start agencies; cluding cognitive, social, and emotional develop- chapter, a community may be a city, county, or ‘‘(iii) recommendations from the report on De- ment); multicity or multicounty unit within a State, an velopmental Outcomes and Assessments for ‘‘(II) assistance in developing literacy and Indian reservation (including Indians in any Young Children by the National Academy of communication skills; off-reservation area designated by an appro- Sciences, when it becomes available; ‘‘(III) opportunities to share experiences with priate tribal government in consultation with ‘‘(iv) developments concerning research-based other parents (including parent mentor relation- the Secretary) or a neighborhood or other area practices with respect to early childhood edu- ships); (irrespective of boundaries or political subdivi- cation and development, children with disabil- ‘‘(IV) regular in-home visitation; sions) which provides a suitable organizational ities, family services, program administration, ‘‘(V) mental and behavioral health services; or base and possesses the commonality of interest and financial management; ‘‘(VI) any other activity designed to help such needed to operate a Head Start program.’’. ‘‘(v) projected needs of an expanding Head parents become full partners in the education of SEC. 7. QUALITY STANDARDS; MONITORING OF Start program; their children; HEAD START AGENCIES AND PRO- ‘‘(vi) guidelines and standards currently in ef- ‘‘(vi) to provide, with respect to each partici- GRAMS. fect or under consideration that promote child pating family, a family needs assessment that Section 641A of the Head Start Act (42 U.S.C. health services and physical development, in- includes consultation with such parents, in a 9836a) is amended to read as follows: cluding outdoor activity that supports children’s manner and language that such parents can un- ‘‘SEC. 641A. QUALITY STANDARDS; MONITORING motor development and overall health and nu- derstand, about the benefits of parent involve- OF HEAD START AGENCIES AND PRO- trition; ment and about the activities described in sub- GRAMS. ‘‘(vii) changes in the population of children paragraph (H) in which such parents may ‘‘(a) QUALITY STANDARDS.— who are eligible to participate in Head Start choose to become involved (taking into consider- ‘‘(1) ESTABLISHMENT OF STANDARDS.—The Sec- programs, including the language and cultural ation their specific family needs, work sched- retary shall modify, as necessary, program per- background and family structure of such chil- ules, and other responsibilities); and formance standards by regulation applicable to dren; ‘‘(vii) to extend outreach to fathers, in appro- Head Start agencies, programs, and projects ‘‘(viii) mechanisms to ensure that children priate cases, in order to strengthen the role of under this subchapter, including— participating in Head Start programs make a fathers in families, in the education of their ‘‘(A) performance standards with respect to successful transition to the schools that the chil- young children, and in the Head Start program, services required to be provided, including dren will be attending; and

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MY7.039 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4342 CONGRESSIONAL RECORD — HOUSE May 2, 2007 ‘‘(ix) the unique challenges faced by indi- Outcomes and Assessments for Young Children search-based observational instrument that as- vidual programs, including those that are sea- by the National Academy of Sciences into any sesses classroom quality, including multiple di- sonal or short term, and those that serve rural assessment used in the Head Start programs, in mensions of teacher-child interactions that are populations; and accordance with paragraphs (2) and (3). linked to positive child development and later ‘‘(C)(i) review and revise as necessary the per- ‘‘(5) SPECIAL RULE.—The use of assessment achievement; formance standards in effect under this sub- items and data on any assessment authorized ‘‘(F) are conducted in a manner that evalu- section; and under this subchapter by an agent or agents of ates program performance, quality, and overall ‘‘(ii) ensure that any such revisions in the the Federal Government to provide rewards or operations with consistency and objectivity, and performance standards will not result in the sanctions for individual children or teachers is based on a transparent and reliable system of elimination of or any reduction in quality, scope prohibited. The Secretary shall not use the re- review; or types of health, education, parental involve- sults of a single assessment as the sole or pri- ‘‘(G) in the case of Early Head Start pro- ment, nutritional, social, or other services re- mary method for assessing program effectiveness grams, are conducted by a review team that in- quired to be provided under such standards as or making grantee funding determinations at cludes individuals who are knowledgeable about in effect on October 27, 1998. the national, regional, or local level. the development of infants and toddlers; and ‘‘(3) STANDARDS RELATING TO OBLIGATIONS TO ‘‘(6) CONFIDENTIALITY.— ‘‘(H) include as part of the review a protocol DELEGATE AGENCIES.—In developing standards ‘‘(A) The Secretary, through regulation, shall for fiscal management that shall be used to as- under this subsection, the Secretary shall de- ensure the confidentiality of any personally sess the compliance with program requirements scribe the obligations of a Head Start agency to identifiable data, information and records col- for— a delegate agency to which the Head Start lected or maintained by the Secretary and any ‘‘(i) using federal funds appropriately; agency has delegated responsibility for pro- Head Start agency. Such regulations shall pro- ‘‘(ii) using federal funds specifically to pur- viding services under this subchapter and deter- vide the policies, protections, and rights equiva- chase property and to compensate personnel; ‘‘(iii) securing and using qualified fiscal offi- mine whether the Head Start agency complies lent to those provided a parent, student, or edu- cer support; and with the standards. The Secretary shall consider cational agency or institution under section 444 ‘‘(iv) reporting financial information and im- such compliance during the review described in of the General Education Provisions Act. plementing appropriate internal controls to safe- ‘‘(B) Nothing in this subsection shall be con- subsection (c)(1)(A) and in determining whether guard federal funds. to renew financial assistance to the Head Start strued to authorize the development of a nation- ‘‘(3) USE OF REVIEW FINDINGS.—The findings agency under this subchapter. wide database of personally identifiable infor- of the review shall, at a minimum— ‘‘(b) MEASURES.— mation on children participating in measures ‘‘(A) be presented to an agency in a timely, ‘‘(1) IN GENERAL.—The Secretary, in consulta- under this subsection. transparent, and uniform manner that conveys tion with representatives of Head Start agencies ‘‘(c) MONITORING OF LOCAL AGENCIES AND information of program strengths and weak- and with experts in the fields of early childhood PROGRAMS.— nesses and assists with program improvement; education and development, shall use the study ‘‘(1) IN GENERAL.—To determine whether Head and on Developmental Outcomes and Assessments Start agencies meet standards established under ‘‘(B) be used by the Head Start agencies to in- for Young Children by the National Academy of this subchapter with respect to program, admin- form the development and implementation of Sciences to provide guidance to Head Start istrative, financial management, and other re- their plan for training and technical assistance. agencies for utilizing scientifically-based meas- quirements and in order to help programs iden- ‘‘(d) EVALUATIONS AND CORRECTIVE ACTIONS ures that support, as appropriate— tify areas for improvement and areas of FOR DELEGATE AGENCIES.— ‘‘(A) classroom instructional practices; strengths as part of an on-going self-assessment ‘‘(1) PROCEDURES.—The Head Start agency ‘‘(B) identification of special needs; and process, the Secretary shall develop and use a shall establish procedures relating to its delegate ‘‘(C) program evaluation. risk-based assessment system to conduct the fol- agencies, including— ‘‘(2) CHARACTERISTICS OF MEASURES.—The lowing reviews of Head Start agencies, and of ‘‘(A) procedures for evaluating delegate agen- measures under this subsection shall the Head Start programs operated by such agen- cies; ‘‘(A) be developmentally, linguistically, and cies: ‘‘(B) procedures for defunding delegate agen- culturally appropriate for the population ‘‘(A) A full review of each such agency at cies; and served; least once during each 3-year period. ‘‘(C) procedures for appealing a defunding de- ‘‘(B) be reviewed not less than every 4 years, ‘‘(B) A review of each newly designated Head cision relating to a delegate agency. based on advances in the science of early child- Start agency immediately after the completion of ‘‘(2) EVALUATIONS.—Each Head Start agen- hood development; the first year such agency carries out a Head cy— ‘‘(C) be consistent with relevant, nationally Start program. ‘‘(A) shall evaluate its delegate agencies using recognized professional and technical standards ‘‘(C) Followup reviews, including unan- the procedures established under this section; related to the assessment of young children; nounced reviews as appropriate, of programs and ‘‘(B) shall inform the delegate agencies of the ‘‘(D) be valid and reliable (in English, Span- with 1 or more findings of deficiencies not later deficiencies identified through the evaluation ish, and any other language, as appropriate); than 12 months after the date of such finding. ‘‘(E) be administered by staff with appropriate ‘‘(D) other reviews, including unannounced that are required to be corrected. ‘‘(3) REMEDIES TO ENSURE CORRECTIVE AC- training for such administration; site inspections of Head Start centers, as appro- TIONS.—If the Head Start agency identifies a de- ‘‘(F) provide appropriate accommodations for priate. ficiency of a delegate agency through the eval- children with disabilities and children who are ‘‘(2) CONDUCT OF REVIEWS.—The Secretary uation, the Head Start agency may— shall ensure that reviews described in subpara- limited English proficient; and ‘‘(A) initiate procedures to terminate the des- ‘‘(G) be high-quality research-based measures graphs (A) through (C) of paragraph (1)— ignation of the delegate agency unless such that have been demonstrated to assist with the ‘‘(A) are conducted by review teams that— agency corrects the deficiency; and purposes for which they were devised. ‘‘(i) include individuals who are knowledge- ‘‘(B) conduct monthly monitoring visits to ‘‘(3) USE OF MEASURES; LIMITATIONS ON USE.— able about Head Start programs and, to the such delegate agency until all deficiencies are ‘‘(A) Measures shall be designed for the pur- maximum extent practicable, the diverse (includ- corrected or the Head Start agency decides to pose of— ing linguistic and cultural) needs of eligible defund such delegate agency. ‘‘(i) promoting the skills, knowledge, and com- children (including children with disabilities) ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this petencies of children participating in Head Start and limited-English proficient children and subsection shall be construed to modify, super- programs specified in subsection (a)(1)(B)(ii), their families; and sede, or affect the powers, duties, or functions with an emphasis on measuring skills that sci- ‘‘(ii) include, to the maximum extent prac- of the Secretary with respect to Head Start entifically-based research has demonstrated are ticable, current or former employees of the De- agencies or delegate agencies that receive finan- related to children’s school readiness and later partment of Health and Human Services who cial assistance under this subchapter. success in school; are knowledgeable about Head Start programs; ‘‘(e) CORRECTIVE ACTION; TERMINATION.— ‘‘(ii) improving classroom practices, including ‘‘(B) include as part of the reviews of the pro- ‘‘(1) DETERMINATION.—If the Secretary deter- reviewing children’s strengths and weaknesses; grams, a review and assessment of program mines, on the basis of a review pursuant to sub- ‘‘(iii) identifying special needs; and strengths and areas in need of improvement; section (c), that a Head Start agency designated ‘‘(iv) improving overall program performance ‘‘(C) include as part of the reviews of the pro- pursuant to section 641 fails to meet the stand- in order to help programs identify problem areas grams, a review and assessment of whether pro- ards described in subsection (a) or fails to ade- that may require additional training and tech- grams have adequately addressed the popu- quately address the community needs and stra- nical assistance resources. lation and community needs (including popu- tegic plan identified in section 640(g)(2)(C), the ‘‘(B) Such measures shall not be used to ex- lations of children with limited English pro- Secretary shall— clude children from Head Start programs. ficiency and children of migrant and seasonal ‘‘(A) inform the agency of the deficiencies ‘‘(4) SUSPENDED IMPLEMENTATION OF NA- farm-working families); that shall be corrected; TIONAL REPORTING SYSTEM.—The Secretary ‘‘(D) include as part of the review the extent ‘‘(B) with respect to each identified defi- shall— to which the program addresses the community ciency, require the agency— ‘‘(A) suspend implementation and terminate needs and strategic plan identified in section ‘‘(i) to correct the deficiency immediately, if further development and use of the National Re- 640(g)(2)(C); the Secretary finds that the deficiency threatens porting System; and ‘‘(E) include as part of the review the imple- the health or safety of staff or program partici- ‘‘(B) incorporate, as appropriate, rec- mentation by qualified individuals with dem- pants or poses a threat to the integrity of Fed- ommendations from the study on Developmental onstrated reliability, of a valid and reliable re- eral funds;

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‘‘(ii) to correct the deficiency not later than 90 ‘‘(g) SELF-ASSESSMENTS.— increase enrollment in such fiscal year in 1 or days after the identification of the deficiency if ‘‘(1) IN GENERAL.—Not less frequently than more migrant and seasonal Head Start pro- the Secretary finds, in the discretion of the Sec- once each program year, with the consultation grams. retary, that such a 90-day period is reasonable, and participation of policy councils, and as ap- ‘‘(3) If such funds are derived from the oper- in light of the nature and magnitude of the defi- plicable, policy committees, and as appropriate, ation of a Head Start program in a State (ex- ciency; or other community members, each Head Start cluding Indian Head Start program and migrant ‘‘(iii) in the discretion of the Secretary (taking agency and each delegate agency that receives and seasonal Head Start programs), then such into consideration the seriousness of the defi- financial assistance under this subchapter shall funds shall be redistributed to increase enroll- ciency and the time reasonably required to cor- conduct a comprehensive self-assessment of its ment in such fiscal year in 1 or more Head Start rect the deficiency), to comply with the require- effectiveness and progress in meeting program programs (excluding Indian Head Start pro- ments of paragraph (2) concerning a quality im- goals and objectives (including professional de- grams and migrant and seasonal Head Start provement plan; and velopment plans) and in implementing and com- programs) that are carried out in such State, ex- ‘‘(C) initiate proceedings to terminate the des- plying with Head Start program performance cept that— ignation of the agency unless the agency cor- standards. ‘‘(A) not less than 50 percent of the funds rects the deficiency. ‘‘(2) REPORT AND IMPROVEMENT PLANS.— shall be prioritized to increase the program par- ‘‘(2) QUALITY IMPROVEMENT PLAN.— ‘‘(A) REPORT.—An agency conducting a self- ticipation of children and families served under ‘‘(A) AGENCY AND PROGRAM RESPONSIBIL- assessment shall report the findings of the self- Early Head Start; and ITIES.—To retain a designation as a Head Start assessment to the relevant policy council, policy ‘‘(B) not less than 25 percent of the funds agency under this subchapter, or in the case of committee, governing body, and Secretary. Each shall be prioritized to increase program partici- a Head Start program to continue to receive self-assessment shall identify areas of strength pation of underserved populations of eligible funds from such agency, a Head Start agency, and weakness. children.’’. or Head Start program that is the subject of a ‘‘(B) IMPROVEMENT PLAN.—The agency shall SEC. 8. POWERS AND FUNCTIONS OF HEAD START determination described in paragraph (1) (ex- develop and report to the Secretary an improve- AGENCIES. Section 642 of the Head Start Act (42 U.S.C. cluding an agency or program required to cor- ment plan approved by the governing body of 9837) is amended to read as follows: rect a deficiency immediately or during a 90-day the agency to strengthen any areas identified in period under clause (i) or (ii) of paragraph the self-assessment as weaknesses or in need of ‘‘SEC. 642. POWERS AND FUNCTIONS OF HEAD START AGENCIES. (1)(B)) shall— improvement. ‘‘(a) LEGAL AUTHORITY.—To be designated as ‘‘(i) develop in a timely manner, a quality im- ‘‘(3) ONGOING MONITORING.—Each Head Start a Head Start agency under this subchapter, an provement plan that shall be subject to the ap- agency, delegate Head Start agency, and entity agency must have authority under its charter or proval of the secretary, or in the case of a pro- that carries out an Early Head Start program a applicable law to receive and administer funds gram, the sponsoring agency, and which shall shall establish and implement procedures for the under this subchapter, funds and contributions specify— ongoing monitoring of their respective programs, ‘‘(I) the deficiencies to be corrected; from private or local public sources which may to ensure that the operations of the programs be used in support of a Head Start program, and ‘‘(II) the actions to be taken to correct such work toward meeting program goals and objec- deficiencies; and funds under any Federal or State assistance tives and Head Start performance standards. program pursuant to which a public or private ‘‘(III) the timetable for accomplishment of the ‘‘(h) ENROLLMENT REPORTING REQUIRE- corrective actions specified; and nonprofit or for-profit agency (as the case may MENT.— be) organized in accordance with this sub- ‘‘(ii) eliminate each deficiency identified, not ‘‘(1) Head Start agencies shall report on a reg- later than the date for elimination of such defi- chapter, could act as grantee, contractor, or ular basis to the Secretary— sponsor of projects appropriate for inclusion in ciency specified in such plan (which shall not be ‘‘(A) the actual enrollment in such program; later than 10 months after the date the agency a Head Start program. Such an agency must and also be empowered to transfer funds so received, or program obtains approval of its quality im- ‘‘(B) if such actual enrollment is less than the and to delegate powers to other agencies, subject provement plan). funded enrollment, any apparent reason for ‘‘(B) SECRETARIAL RESPONSIBILITY.—Not later to the powers of its governing board and its such enrollment shortfall. overall program responsibilities. The power to than 30 days after receiving from a Head Start ‘‘(2) The Secretary shall determine on a reg- transfer funds and delegate powers must include agency a proposed quality improvement plan ular basis which Head Start agencies are oper- the power to make transfers and delegations pursuant to subparagraph (A), the Secretary ating with an actual enrollment that is less than shall either approve such proposed plan or covering component projects in all cases where the funded enrollment and shall provide appro- this will contribute to efficiency and effective- specify the reasons why the proposed plan can- priate and timely training and technical assist- not be approved. ness or otherwise further program objectives. ance to increase actual enrollment, as appro- ‘‘(b) FAMILY AND COMMUNITY INVOLVEMENT; ‘‘(C) AGENCY RESPONSIBILITY FOR PROGRAM priate. FAMILY SERVICES.—To be so designated, a Head IMPROVEMENT.—Not later than 30 days after re- ‘‘(3) In this subsection: Start agency shall, at a minimum, do all the fol- ceiving from a Head Start program, a proposed ‘‘(A) The term ‘actual enrollment’ means, with lowing to involve and serve families and commu- quality improvement plan pursuant to subpara- respect to a Head Start program, the actual nities: graph (A), the Head Start agency shall either number of children enrolled in such program in ‘‘(1) Establish effective procedures by which approve such proposed plan or specify the rea- a given month. parents and area residents concerned will be en- sons why the proposed plan cannot be ap- ‘‘(B) The term ‘base grant’ means, with re- abled to directly participate in decisions that in- proved. spect to Head Start agency for a fiscal year, fluence the character of programs affecting their ‘‘(3) TRAINING AND TECHNICAL ASSISTANCE.— that portion of the grant derived from— interests. The Secretary shall provide training and tech- ‘‘(i) amounts reserved for use in accordance ‘‘(2) Seek the involvement of parents, area nical assistance to Head Start agencies and pro- with section 640(a)(2)(A), for a Head Start agen- residents, and local business in the design and grams with respect to the development or imple- cy administering an Indian Head Start program implementation of the program. mentation of such quality improvement plans to or migrant and seasonal Head Start program; ‘‘(3) Establish effective procedures to facilitate the extent the Secretary finds such provision to ‘‘(ii) amounts reserved for payments under and seek the involvement of parents of partici- be feasible and appropriate given available section 640(a)(2)(B); or pating children in activities designed to help funding and other statutory responsibilities. ‘‘(iii) amounts available under section such parents become full partners in the edu- ‘‘(f) SUMMARIES OF MONITORING OUTCOMES.— 640(a)(2)(D) or allotted among States under sec- cation of their children, and to afford such par- Not later than 120 days after the end of each fis- tion 640(a)(4). ents the opportunity to participate in the devel- cal year, the Secretary shall publish a summary ‘‘(C) The term ‘funded enrollment’ means, opment and overall conduct of the program at report on the findings of reviews conducted with respect to the program of a Head Start the local level, including a process through under subsection (c) and on the outcomes of agency in a fiscal year, the number of children which parents of children currently partici- quality improvement plans implemented under that the agency is funded to serve through a pating in a Head Start program or an Early subsection (e), during such fiscal year. Such re- grant for the program during such fiscal year, Head Start program select the parent represent- port shall be made available to all parents with as indicated in the grant award. atives to serve on the council under section children receiving assistance under this sub- ‘‘(i) REDISTRIBUTION OF FUNDS.—Funds held 642(b)(4)(B)(ii). chapter in an understandable and uniform for- by the Secretary as a result of recapturing, ‘‘(4) Offer (directly or through referral to local mat, and to the extent practicable, provided in withholding, or reducing a base grant, except entities, such as entities carrying out Even Start a language that the parents can understand, when such action is the result of an open com- programs under subpart 3 of part B of title I of and in addition, make the information widely petition 641(d)) or termination 646(d) shall be re- the Elementary and Secondary Education Act of available through public means such as dis- distributed in such fiscal year as follows: 1965 (20 U.S.C. 2741 et seq.)), to parents of par- tribution through public agencies, and at a min- ‘‘(1) If such funds are derived from an Indian ticipating children, family literacy services and imum posting such information on the Internet Head Start program, then such funds shall be parenting skills training. immediately upon publication. Such reports redistributed to increase enrollment in such fis- ‘‘(5) Offer to parents of participating children shall contain detailed data on compliance with cal year in 1 or more Indian Head Start pro- mental health services (either directly or specific performance standards and measures grams. through referral to local entities), including sub- sufficient to allow individual Head Start agen- ‘‘(2) If such funds are derived from the oper- stance abuse counseling, and including informa- cies to use such data to improve the quality of ation of a migrant and seasonal Head Start pro- tion on maternal depression and on drug-ex- their program. gram, then such funds shall be redistributed to posed infants and fetal alcohol syndrome.

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MY7.040 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4344 CONGRESSIONAL RECORD — HOUSE May 2, 2007 ‘‘(6) At the option of such agency, offer (di- parent policy council and parent policy com- to comply with applicable laws (including regu- rectly or through referral to local entities) to mittee, as appropriate, shall ensure that such lations) governing financial statements and ac- such parents— agency operates a high quality Head Start pro- counting practices; ‘‘(A) training in basic child development (in- gram in compliance with all applicable Federal, ‘‘(iv) approve all major policies of the agency, cluding cognitive, social, and emotional develop- State, and local laws. including the mission of the agency and policies ment); ‘‘(1) GOVERNING BODY.— addressing accounting, financial management, ‘‘(B) assistance in developing literacy and ‘‘(A) COMPOSITION.—The governing body shall procurement, record confidentiality, and per- communication skills; be composed as follows: sonnel (including specific standards governing ‘‘(C) opportunities to share experiences with ‘‘(i) Not less than 1 member with significant salaries, salary adjustments, travel and per diem other parents (including parent-mentor relation- financial management or accounting experience. allowances, and other employee benefits); ships); ‘‘(ii) Not less than 1 member shall have a ‘‘(v) approve all major financial expenditures ‘‘(D) mental and behavioral health services; background and expertise in early childhood de- of the agency; ‘‘(E) regular in-home visitation; or velopment. ‘‘(vi) approve the selection or dismissal of the ‘‘(F) any other activity designed to help such ‘‘(iii) Not less than 1 member shall be a li- Head Start Director or the equivalent position parents become full partners in the education of censed attorney familiar with issues that come within the Head Start agency; their children. before the governing body. ‘‘(vii) approve or disapprove all policies, ap- ‘‘(7) Provide, with respect to each partici- ‘‘(iv) Additional members shall be selected for plications, and decisions of the Policy Council pating family, a family needs assessment that their expertise in education, business adminis- made under the authority of paragraph (2); includes consultation with such parents, in a tration, and community affairs and shall reflect ‘‘(viii) to oversee the program planning of the manner and language that such parents can un- the community served. Head Start agency, including adoption of poli- derstand, about the benefits of parent involve- ‘‘(v) Exceptions shall be made when members cies for setting long- and short-range goals and ment and about the activities described in para- of the governing body oversee a public entity objectives; graphs (5) through (8) in which such parents and are selected by public election or are polit- ‘‘(ix) oversee and approve the agency’s appli- may choose to be involved (taking into consider- ical appointments. cations to receive funds made available under ation their specific family needs, work sched- ‘‘(B) CONFLICT OF INTEREST.—Members of the this subchapter; and ules, and other responsibilities). governing body shall— ‘‘(x) to establish, adopt and periodically up- ‘‘(8) Consider providing services to assist ‘‘(i) not have a conflict of interest with the date written standards of conduct that establish younger siblings of children participating in its Head Start agency or delegate agencies, excep- standards and formal procedures for disclosing, Head Start program to obtain health, including tions shall be made when a board member of a addressing, and resolving— mental health, services from other sources. public entity is selected by election or politically ‘‘(I) any conflict of interest, and any appear- ‘‘(9) Perform community outreach to encour- appointed; ance of a conflict of interest, by members of the ‘‘(ii) not receive compensation for the pur- age individuals previously unaffiliated with governing body, officers, employees, consultants poses of serving on the governing body or for Head Start programs to participate in its Head and agents who provide services or furnish providing services to the Head Start agency, ex- Start program as volunteers. goods to the Head Start agency; and ‘‘(10)(A) Inform custodial parents in single- ceptions shall be made when a board member of ‘‘(II) complaints, including investigations, parent families that participate in programs, ac- a public entity is selected by election or politi- when appropriate. tivities, or services carried out or provided under cally appointed; ‘‘(2) POLICY COUNCIL.— ‘‘(iii) not be employed nor shall members of ‘‘(A) COMPOSITION.—The Policy Council or this subchapter about the availability of child their immediate family be employed by the Head Policy Committee, as appropriate, shall be com- support services for purposes of establishing pa- Start agency or one of its delegate agencies, ex- posed as follows: ternity and acquiring child support; and ceptions shall be made when a board member of ‘‘(i) Members of the Policy Council shall be ei- ‘‘(B) Refer eligible parents to the child sup- a public entity is selected by election or politi- ther parents of children currently enrolled in port offices of State and local governments. the Head Start agency’s (or delegate’s) Head ‘‘(11) Provide parents of limited English pro- cally appointed; and ‘‘(iv) operate as an entity independent of staff Start or Early Head Start program or that are ficient children outreach and services under this employed by the Head Start agency entity or ap- parents of children who were enrolled in the subchapter, in an understandable and uniform plicant, exceptions shall be made when a board program in the previous year (Parent Members) format and, to the extent practicable, in a lan- member of a public entity is selected by election or shall be members of the community served by guage that such parents can understand. or politically appointed. ‘‘(12) Provide technical and other support the Head Start agency or delegate (Community ‘‘(C) CONSULTANTS.—In the case that persons needed to enable parents and area residents to Members). described in subparagraph (A) are not available ‘‘(ii) Parent members of the Policy Council secure on their own behalf available assistance to serve as members, the governing body shall shall constitute a majority of the members of the from public and private sources. make use of consultants in the areas described Policy Council and shall be elected by parents ‘‘(13) Promote the continued involvement of in subparagraph (A) to work directly with the of currently enrolled children. the parents (including grandparents and kin- governing body. ‘‘(iii) Parent members shall represent, propor- ship caregivers, as appropriate) of children that ‘‘(D) TRAINING.—All members of the governing tionately, all program options and settings oper- participate in Head Start programs in the edu- body shall receive training in management re- ated by the Head Start agency or delegate. cation of their children upon transition to sponsibilities and obligations, ethics, and finan- ‘‘(iv) The term of a Policy Council member school, the Head Start agency shall work with cial literacy management. shall be no more than 2 years and no Policy the local educational agency— ‘‘(E) RESPONSIBILITIES OF GOVERNING BODY.— Council member shall serve longer than 6 years. ‘‘(A) to provide training to the parents; The governing body shall be responsible for— ‘‘(B) RESPONSIBILITIES OF POLICY COUNCIL.— ‘‘(i) to inform the parents about their rights ‘‘(i) adoption of practices that assure active, In order to be designated as a Head Start agen- and responsibilities concerning the education of independent and informed governance of the cy, an entity or delegate of such an entity shall their children; and Head Start agency; have a Policy Council which shall approve and ‘‘(ii) to enable the parents— ‘‘(ii) oversight to ensure that the Head Start submit to the governing body decisions about ‘‘(I) to understand and work with schools in agency under the direction of the executive di- the following activities: order to communicate with teachers and other rector is delivering high quality services to chil- ‘‘(i) The strategic direction of the program, in- school personnel; dren and families in compliance with all appli- cluding long and short-term planning goals and ‘‘(II) to support the schoolwork of their chil- cable standards in effect under this subchapter objectives (such planning and goals shall take dren; and and with the applicable performance measures into account the annual community assessment ‘‘(III) to participate as appropriate in deci- established by the Secretary under section 644; and self-assessment). sions relating to the education of their children; ‘‘(iii) establish an audit and finance com- ‘‘(ii) Selection of delegate agencies and their and mittee whose primary responsibility shall be— service areas. ‘‘(B) to take other actions, as appropriate and ‘‘(I) to approve annually the operating budget ‘‘(iii) Recruitment, selection and enrollment feasible, to support the active involvement of the of the Head Start agency; priorities. parents with schools, school personnel, and ‘‘(II) to review and recommend to the gov- ‘‘(iv) Funding applications and amendments school-related organizations. erning body the selection of independent audi- to funding applications for Head Start or Early ‘‘(14) Provide parents of a child suspected of tors who shall report all critical accounting Head Start prior to submission of such applica- having a disability information about services policies and practices to the finance and audit tions. available under section 619 or part C of the In- committee, except when the auditor is assigned ‘‘(v) Budget planning for program expendi- dividuals With Disabilities Education Act (20 by the State under State law; tures. U.S.C. 1419, 1431 et seq.) and refer such child to ‘‘(III) to review and recommend to the gov- ‘‘(vi) Bylaws for the operation of the Policy the appropriate agency for an evaluation of eli- erning body the termination or extension of the Council including procedures by which Policy gibility under such Act. existing audit firm at least once every 5 years; Council members are chosen. ‘‘(c) PROGRAM GOVERNANCE.—Head Start ‘‘(IV) to review and advise the governing body ‘‘(vii) Program personnel policies, including agencies must establish and maintain a formal of the audit management letter provided pursu- standards of conduct for program staff, contrac- structure of shared governance through which ant to the chapter 75 of title 31, United States tors and volunteers. an independent governing body with legal and Code, and of any audit findings; and ‘‘(viii) Decisions regarding employment of fiscal responsibility for administering and over- ‘‘(V) to monitor agency actions to correct any Head Start staff other than the director and ex- seeing programs under this subchapter and a such audit findings or other actions necessary ecutive director.

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‘‘(ix) Activities to support the active involve- ‘‘(1) take steps to ensure, to the maximum ex- ‘‘(h) FINANCIAL MANAGEMENT.—In order to re- ment of parents in supporting program oper- tent possible, that children maintain the devel- ceive funds under this subchapter, a Head Start ations. opmental and educational gains achieved in agency shall document strong fiscal controls, in- ‘‘(x) Program responsiveness to community Head Start programs and build upon such gains cluding the employment of well-qualified fiscal and parent needs. in further schooling; staff with a history of successful management of ‘‘(C) TRAINING.—Appropriate training and ‘‘(2) establish a program with standards set a public or private organization.’’. technical assistance shall be provided to the forth in section 641A(a)(1), with particular at- SEC. 9. HEAD START TRANSITION AND ALIGN- members of the Policy Council to ensure that the tention to the standards set forth in subpara- MENT WITH K-12 EDUCATION. members understand the information the mem- graphs (A) and (B) of such section; Section 642A of the Head Start Act (42 U.S.C. bers receive and effectively oversee and partici- ‘‘(3) implement a research-based early child- 9837a) is amended to read as follows: pate in the programs of the Head Start agency hood curriculum that promotes young children’s ‘‘SEC. 642A. HEAD START TRANSITION AND ALIGN- or delegate. school readiness in the areas of language and MENT WITH K-12 EDUCATION. ‘‘(3) IMPASSE POLICY.—The Secretary shall de- cognitive development, early reading and ‘‘Each Head Start agency shall take steps to velop policies and procedures describing how premathematics skills, socio-emotional develop- coordinate with the local educational agency Head Start agencies will implement shared deci- ment, physical development, and approaches to serving the community involved and with sion-making, including a process for resolving learning. Such curricula shall be— schools in which children participating in a any impasse between the Governing Body and ‘‘(A) based on scientifically based research Head Start program operated by such agency the Policy Council. and have standardized training procedures and will enroll following such program to promote ‘‘(d) COLLABORATION AND COORDINATION.—To curriculum materials to support implementation; continuity of services and effective transitions, be so designated, a Head Start agency must col- ‘‘(B) comprehensive, linked to ongoing assess- including— laborate and coordinate with public and private ment, with developmental and learning goals ‘‘(1) developing and implementing a system- entities to improve the available services to Head and measurable objectives; and focused on im- atic procedure for transferring, with parental Start children and families, including the fol- proving the learning environment, teaching consent, Head Start program records for each lowing activities: practices, family involvement, and child out- participating child to the school in which such ‘‘(1) Conduct outreach to schools in which comes across all areas of development; and child will enroll; children participating in Head Start programs ‘‘(C) aligned to the Head Start Child Out- ‘‘(2) establishing ongoing channels of commu- enroll, local educational agencies, the local comes Framework developed by the Secretary nication between Head Start staff and their business community, community-based organi- and to State early learning standards, as appro- counterparts in the schools (including teachers, zations, faith-based organizations, museums, priate; social workers, McKinney-Vento liaisons as es- and libraries to generate support and leverage ‘‘(4) use ongoing, research-based assessment tablished under section 722 (g)(1)(J)(ii) of the the resources of the entire local community in methods that are developmentally appropriate, McKinney-Vento Homeless Assistance Act (42 order to improve school readiness. culturally and linguistically responsive, and U.S.C. 11432(g)(1)(J)(ii)), and health staff) to fa- ‘‘(2) In communities where both public pre- tied to children’s daily activities in order to sup- cilitate coordination of programs; ‘‘(3) establish on-going communication for de- kindergarten programs and Head Start programs port the educational instruction of children in veloping continuity of developmentally appro- operate, a Head Start agency shall collaborate the program, including language skills, priate curricula between Head Start and local and coordinate activities with the local edu- prereading knowledge and premathematics educational agencies to ensure an effective tran- cational agency or other public agency respon- knowledge. Assessment instruments shall be sition and appropriate shared expectations for those designed and validated for making deci- sible for the operation of the prekindergarten children’s learning and development as they sions about teaching and learning and aligned program and providers of prekindergarten, in- make such transition to school; cluding outreach activities to identify eligible with the programs curricula and section ‘‘(4) organizing and participating in joint children, as possible. 641A(a)(1); training, including transition-related training ‘‘(5) use high-quality research-based develop- ‘‘(3) Head Start agency staff shall, with the for school staff and Head Start staff; permission of the parents of children enrolled in mental screening tools that have been dem- ‘‘(5) conducting meetings involving parents, Head Start programs, regularly communicate onstrated to be standardized, reliable, valid, and kindergarten or elementary school teachers, and with the elementary schools such children will accurate for children from a range of racial, Head Start program teachers to discuss the edu- be attending— ethnic, linguistic, and cultural backgrounds, for cational, developmental, and other needs of in- ‘‘(A) to share information about such chil- the purpose of meeting the relevant performance dividual children; dren; and standards; ‘‘(6) helping parents of limited English Pro- ‘‘(B) to ensure a smooth transition to elemen- ‘‘(6) adopt, in consultation with experts in ficient children understand the method of in- tary school for such children. child development and with classroom teachers, struction and other services provided by the ‘‘(4) Each Head Start agency shall collabo- an assessment to be used when hiring or evalu- school in which such child will enroll after par- rate, as appropriate, with providers of social ating any classroom teacher in a center-based ticipation in Head Start and as appropriate, in- and community services available to children Head Start program. Such assessment shall formation provided to parents of limited English and families participating in Head Start pro- measure whether such teacher has mastered the proficient children under section 3302 of title III grams, and may support such partnerships with functions described in section 648A(a)(1) and at- of the Elementary and Secondary Education Act financial agreements, when applicable, for the tained a level of literacy appropriate to imple- of 1965 (20U.S.C. 7012); provision of such services. ment Head Start curricula; ‘‘(7) developing and implementing a family ‘‘(5) A Head Start agency shall take steps to ‘‘(7) use the information provided from the as- outreach and support program in cooperation coordinate activities with the local educational sessment conducted under section 640A(C)(2)(H) with entities carrying out parental involvement agency serving the community involved and to adopt a professional development plan that efforts under title I of the Elementary and Sec- with schools in which children participating in leads to improved teacher effectiveness; ondary Education Act of 1965 (20 U.S.C. 6301 et a Head Start program operated by such agency ‘‘(8) establish measurable objectives for the seq.) and family outreach and support efforts will enroll following such program, including— provision of health, educational, nutritional, under subtitle B of title VII of the McKinney- ‘‘(A) collaborating on the shared use of trans- and social services related to the program mis- Vento Homeless Assistance Act (42 U.S.C. 11431– portation and facilities; sion and to school readiness and provided under 11435); ‘‘(B) collaborating to enhance the efficiency this subchapter; and ‘‘(8) assisting families, administrators, and of services while increasing the program partici- ‘‘(9) develop procedures for identifying chil- teachers in enhancing educational and develop- pation of underserved populations of eligible dren as limited English proficient, and inform mental continuity and continuity in parental children; and the parents of such children as to the instruc- involvement activities between Head Start serv- ‘‘(C) exchanging information on the provision tional services used to help children make ices and elementary school classes; of noneducational services to such children. progress towards acquiring the knowledge and ‘‘(9) linking the services provided in such ‘‘(6) The Secretary, in consultation with the skills described in section 641A(a)(1)(B) and ac- Head Start program with the education services, Secretary of Education, shall— quisition of the English language. including services relating to language, literacy, ‘‘(A) evaluate the effectiveness of the projects ‘‘(f) FUNDED ENROLLMENT; WAITING LIST.— and numeracy, provided by such local edu- and activities funded under section 642A; Each Head Start agency shall enroll 100 percent cational agency; ‘‘(B) disseminate to Head Start agencies infor- of its funded enrollment and maintain an active ‘‘(10) helping parents (including grandparents mation (including information from the evalua- waiting list at all times with ongoing outreach and kinship caregivers, as appropriate) to un- tion required by subparagraph (A)) on effective to the community and activities to identify un- derstand the importance of parental involve- policies and activities relating to the transition derserved populations. ment in a child’s academic success while teach- of children from Head Start programs to public ‘‘(g) TECHNICAL ASSISTANCE AND TRAINING ing them strategies for maintaining parental in- schools; and PLAN.—In order to receive funds under this sub- volvement as their child moves from Head Start ‘‘(C) provide technical assistance to such chapter, a Head Start agency shall develop an to elementary school; agencies to promote and assist such agencies to annual technical assistance and training plan. ‘‘(11) developing and implementing a system to adopt and implement such effective policies and Such plan shall be based on the agency’s self- increase program participation of underserved activities. assessment, the community-wide needs assess- populations of eligible children; and ‘‘(e) QUALITY STANDARDS, CURRICULA AND AS- ment, the needs of parents and children to be ‘‘(12) coordinating activities and collaborating SESSMENT.—To be so designated, each Head serviced by such agency, and the results of the to ensure that curricula used in the Head Start Start agency shall— reviews conducted under section 641A(c). program are aligned with—

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MY7.040 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4346 CONGRESSIONAL RECORD — HOUSE May 2, 2007 ‘‘(A) the Head Start Child Outcomes Frame- ‘‘(iii) There is an absence of publicly funded ‘‘(B) to work with State agencies responsible work as developed by the Secretary; and prekindergarten in the service area of the Head for education, child care, and early intervention ‘‘(B) State early learning standards, as appro- Start agency. to provide leadership and assistance to local priate, with regard to cognitive, social, emo- ‘‘(B) If the Secretary determines the Head Head Start programs, local education agencies, tional, and physical competencies that children Start agency is not making reasonable efforts to and State and locally funded preschool and entering kindergarten are expected to dem- enter into a memorandum of understanding pur- child care programs to increase integration onstrate.’’. suant to paragraph (1), the Head Start agency among early childhood programs through adop- SEC. 10. LOCAL AND STATE INTEGRATION OF shall be found to be noncompliant with program tion of local memoranda of understanding de- EARLY CHILDHOOD EDUCATION. performance standards. scribed in subparagraph (A) and other means; The Head Start Act (42 U.S.C. 9831) is amend- ‘‘(C) If the Secretary concludes that the local ‘‘(C) to work with State agencies responsible ed by inserting after section 642A the following: educational agency, local council, or other ap- for education, child care, and early intervention ‘‘SEC. 642B. LOCAL AND STATE INTEGRATION OF propriate entity is not making reasonable efforts to provide leadership and assistance to develop EARLY CHILDHOOD EDUCATION. to reach such a memorandum of understanding, developmentally appropriate standards for chil- ‘‘(a) LOCAL INTEGRATION.—In general, Head the Head Start agency shall not be found out of dren birth through the early elementary grades Start agencies shall enter into ongoing partner- compliance with paragraph (1). to effect a smooth transition to and success in ships with local educational agencies and with ‘‘(4) REVISION OF MEMORANDA.—Each memo- the early elementary grades; State-funded preschool and other early child- randum of understanding shall be revised and ‘‘(D) to develop or conduct periodic Statewide hood programs. renewed annually by the parties to such memo- needs assessments concerning early care and ‘‘(1) MEMORANDA OF UNDERSTANDING.—Each randum, in alignment with the beginning of the education programs for children from birth to Head Start agency shall enter into a memo- school year. school entry; randum of understanding with any local edu- ‘‘(5) ABSENCE OF PREKINDERGARTEN.—In the ‘‘(E) to work to identify and address barriers cational agencies or local councils, responsible absence of publicly funded prekindergarten in to and opportunities for integration between en- for managing publicly funded prekindergarten the service area of a Head Start agency, the tities carrying out Federal and State child de- programs in the service area of the Head Start Head Start agency shall submit notice to the velopment, child care, and early childhood edu- agency (or if such agencies and such councils Secretary and the chief executive officer of the cation programs; are not applicable in the service area, with the State and shall work with the State Early ‘‘(F) to develop recommendations regarding largest provider of publicly funded prekinder- Learning Council and the State Director of means of establishing a unified data collection garten in the service area), that shall include Head Start Collaboration to improve coordina- system for early care and education programs plans to coordinate the following activities: tion in their service area. operating throughout the State; ‘‘(A) Educational activities, curricula, and in- ‘‘(b) STATE EARLY LEARNING COUNCILS.—From ‘‘(G) to address coordination of early learning struction. the amounts reserved under section programs with health care (including mental ‘‘(B) Public information dissemination and ac- 640(a)(2)(C)(iii), the Secretary shall award, and behavioral health care), welfare, family lit- cess to programs for families contacting any of upon submission of a written request and pursu- eracy and services for homeless children; the early childhood programs. ant to the requirements of paragraph (2), an ‘‘(H) to support a State system of early child- ‘‘(C) Selection priorities for eligible children to early learning collaboration grant to each State hood education, and training and technical as- be served by programs. for the purposes of supporting a State Early sistance that improves the quality of early ‘‘(D) Service delivery areas. Learning Council responsible for advancing the learning programs and the capacity of such pro- ‘‘(E) Staff training, including opportunities development of a coordinated early childhood grams to deliver services pursuant to section for joint staff training on topics such as aca- services delivery system in the State. A State 648(b); demic content standards, instructional methods, that receives a grant under this subparagraph ‘‘(I) to develop a plan for increasing the par- and social and emotional development. shall— ticipation of children underrepresented in State ‘‘(F) Program technical assistance. ‘‘(1) establish a State Early Learning Council, early childhood education and child care pro- ‘‘(G) Provision of additional services to meet which shall include— grams, including Head Start, State preschool the needs of working parents. ‘‘(A) the State Director of Head Start Collabo- programs, and programs carried out under the ‘‘(H) Planning and parent education for ration; Child Care and Development Block Grant Act of smooth transitions to kindergarten as required ‘‘(B) representatives from the State preschool 1990 (42 U.S.C. 9858 et seq.); in section 642A(3) and 642A(6). programs; ‘‘(J) developing a Statewide professional de- ‘‘(I) Provision and use of facilities, transpor- ‘‘(C) representatives of local educational velopment and career ladder plan for early care tation, and other program elements. agencies; and education in the State; and ‘‘(J) Other elements mutually agreed to by the ‘‘(D) the State official who oversees child care ‘‘(K) assisting 2- and 4-year public and pri- parties to such memorandum. programs; vate institutions of higher education to develop ‘‘(2) TIMING OF MEMORANDA.—Each Head ‘‘(E) the State official who oversees section 619 articulation agreements concerning degrees in Start agency shall enter into a memorandum of and part C of the Individuals with Disabilities early childhood and related fields. understanding under paragraph (1) not later Education Act (20 U.S.C. 1419, 1431 et seq.); ‘‘(4) Nothing in this subsection shall be con- than 1 year after the effective date of this sec- ‘‘(F) the State official who oversees the State strued to provide the Early Learning Council tion. educational agency; with authority to modify, supersede, or affect ‘‘(3) SECRETARIAL REVIEW.—Each memo- ‘‘(G) representatives from Head Start agencies the operation of this subchapter. randum of understanding entered into under located in the State, including migrant and sea- ‘‘(5) Funds made available under this section paragraph (1) shall be submitted to the Sec- sonal Head Start programs and Indian Head shall be used to supplement, and not supplant, retary not later than 30 days after entering into Start programs; other Federal, State, and local funds that would such memorandum. ‘‘(H) representatives of local child care pro- otherwise be expended to carry out the purposes ‘‘(A) If a Head Start agency is unable to com- grams or organizations; and of this section.’’. ply with the requirement in paragraph (1) the ‘‘(I) a representative of the State agency re- SEC. 11. ADMINISTRATIVE REQUIREMENTS AND Head Start agency shall notify the Secretary sponsible for health and mental health care; STANDARDS. and the chief executive officer of the State not except that the chief executive officer of the Section 644 of the Head Start Act (42 U.S.C. later than 30 days after determining that they State may designate an existing entity to serve 9839) is amended— are unable to enter into such memorandum. The as the Early Learning Council if such entity in- (1) by amending subsection (a) to read as fol- Secretary, in cooperation with the State Early cludes representatives described in this para- lows: Learning Council and the State Director of graph; ‘‘(a) IN GENERAL.— Head Start Collaboration, shall evaluate the ‘‘(2) ensure that allotted funds distributed to ‘‘(1) STANDARDS.—Each Head Start agency causes of failure to enter into a memorandum of a State for a fiscal year to carry out this sub- shall observe standards of organization, man- understanding under paragraph (1). With the section may be used by the State to pay not agement, and administration which will ensure, assistance of the State Early Learning Council more than 50 percent of the cost of carrying out so far as reasonably possible, that all program and the State Director of Head Start Collabora- this subsection; activities are conducted in a manner consistent tion, all parties shall again attempt to enter into ‘‘(3) direct the early learning council to im- with the purposes of this subchapter and the ob- a memorandum of understanding under para- prove the coordination and quality of early jective of providing assistance effectively, effi- graph (1). Then if no such memorandum of un- childhood services within the State, including— ciently, and free of any taint of partisan polit- derstanding is entered into, the Secretary shall ‘‘(A) to increase coordination and collabora- ical bias or personal or family favoritism. Each make 1 of the following determinations: tion among State preschool, Head Start pro- such agency shall establish or adopt rules to ‘‘(i) The local educational agency, local coun- grams, child care programs, early childhood spe- carry out this section, which shall include rules cil, or other appropriate entity is unable or un- cial education, and other early childhood pro- to assure full staff accountability in matters willing to enter into such a memorandum despite grams, including in the areas of outcomes and governed by law, regulations, or agency policy. reasonable efforts on the part of the Head Start standards, technical assistance, coordination of Each agency shall also provide for reasonable agency. services, cross-sector professional development public access to information, including public ‘‘(ii) The Head Start agency has not engaged and training, community outreach, communica- hearings at the request of appropriate commu- in reasonable efforts to successfully negotiate tion, and better serving the needs of working nity groups and reasonable public access to and enter into a memorandum of understanding families through provision of full-day and full- books and records of the agency or other agen- pursuant to paragraph (1). year early education services; cies engaged in program activities or operations

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MY7.040 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4347 involving the use of authority or funds for ‘‘(C) the plans and specifications of such fa- ‘‘(vi) evidence that the agency meets the same which it is responsible. cility; eligibility criteria as recipients of grants under ‘‘(2) ANNUAL REPORT.—Each Head Start agen- ‘‘(D) information demonstrating that— section 645A. cy shall make available to the public a report ‘‘(i) the proposed purchase will result, or the ‘‘(B) An application that satisfies the require- published at least once in each fiscal year that previous purchase has resulted, in savings when ments specified in subparagraph (A) shall be ap- discloses the following information from the compared to the costs that would be incurred to proved by the Secretary unless the Secretary then most recently concluded fiscal year, except acquire the use of an alternative facility to finds that— that reporting such information shall not reveal carry out such program; or ‘‘(i) the agency lacks adequate capacity and personally identifiable information about an in- ‘‘(ii) the lack of alternative facilities will pre- capability to carry out an effective Early Head dividual child or parent: vent, or would have prevented, the operation of Start program; or ‘‘(A) The total amount of public and private such program; ‘‘(ii) the information provided under subpara- funds received and the amount from each ‘‘(E) in the case of a request regarding a pre- graph (A) is inadequate. source. viously purchased facility, information dem- ‘‘(C) Any Head Start agency approved under ‘‘(B) An explanation of budgetary expendi- onstrating that the facility will be used prin- subparagraph (B) shall be considered to be an tures and proposed budget for the following fis- cipally as a Head Start center, or a direct sup- entity that receives assistance under section cal year. port facility for a Head Start program; and 645A, and such funds under (i) shall be subject ‘‘(C) The total number of children and fami- ‘‘(F) such other information and assurances to the same rules, regulations, and conditions as lies served and percent of average monthly en- as the Secretary may require. apply to recipients of grants under section 645A. rollment, including the percent of eligible chil- ‘‘(3) Upon a determination by the Secretary ‘‘(5)(A) Upon written request and pursuant to dren served. that suitable facilities are not otherwise avail- the requirements of this paragraph, a Head ‘‘(D) The results of the most recent review by able to Indian tribes to carry out Head Start Start agency may consider children from low-in- the Secretary and the financial audit. programs, and that the lack of suitable facilities come families to be eligible for participation in ‘‘(E) The percentage of enrolled children that will inhibit the operation of such programs, the programs assisted under this subchapter if their received medical and dental exams. Secretary may authorize the use of financial as- family income is at or above the poverty line but ‘‘(F) Information about parent involvement sistance, from the amount reserved under sec- below 130 percent of the poverty line, if the activities. tion 640(a)(2)(A), to make payments for the pur- agency submits an application to the Secretary ‘‘(G) The agency’s efforts to prepare children chase of facilities owned by such tribes. The containing the following information, as speci- for kindergarten. amount of such a payment for such a facility fied in rules issued by the Secretary— ‘‘(H) Any other information required by the shall not exceed the fair market value of the fa- ‘‘(i) a description of how the needs of eligible Secretary. cility.’’. Head Start children, as described in paragraph ‘‘(3) PROCEDURAL CONDUCT.—Each such agen- SEC. 12. PARTICIPATION IN HEAD START PRO- (1)(A) are being adequately met in the agency’s cy shall adopt for itself and other agencies GRAMS. service area; using funds or exercising authority for which it Section 645 of the Head Start Act (42 U.S.C. ‘‘(ii) a description of outreach efforts to the is responsible, rules designed to— 9840) is amended— community to reach full enrollment under the ‘‘(A) establish specific standards governing (1) in subsection (a)— eligibility guidelines under paragraph (1), in- salaries, salary increases, travel and per diem (A) by amending paragraph (1)(B)(i) to read cluding using outreach efforts that are linguis- allowances, and other employee benefits; as follows: tically and culturally appropriate; ‘‘(B) assure that only persons capable of dis- ‘‘(i) programs assisted under this subchapter ‘‘(iii) assurance that the agency will prioritize charging their duties with competence and in- may include, to a reasonable extent, participa- serving children currently eligible under the tegrity are employed and that employees are tion of children in the area served who would guidelines under paragraph (1); and promoted or advanced under impartial proce- benefit from such programs, including children ‘‘(iv) a description of why increasing the num- dures calculated to improve agency performance referred by child welfare services, but whose ber of infants and toddlers being served, as de- and effectiveness; families do not meet the low-income criteria pre- scribed in paragraph (4), is not appropriate ‘‘(C) guard against personal or financial con- scribed pursuant to subparagraph (A) (A home- based upon the communitywide needs assess- flicts of interest; and less child shall be deemed to meet the low-in- ment or the agency’s capability. ‘‘(D) define employee duties in an appropriate come criteria.); and’’, and ‘‘(B) In approving such applications, the Sec- manner which will in any case preclude employ- (B) by adding at the end the following: retary shall take into account the— ees from participating, in connection with the ‘‘(3) The amount of a basic allowance pro- ‘‘(i) cost of living for families living the area performance of their duties, in any form of pick- vided under section 403 of title 37, United States served by the Head Start agency; eting, protest, or other direct action which is in Code, on behalf of an individual who is a mem- ‘‘(ii) the efforts the Head Start agency has un- violation of law.’’, and ber of the uniformed services for housing that is dertaken to be fully enrolled under the eligi- (2) by amending subsection (f) to read as fol- acquired or constructed under the authority of bility criteria in paragraph (1); and lows: subchapter IV of chapter 169 of title 10, United ‘‘(iii) the policies and procedures the Head ‘‘(f) FACILITIES.— States Code, or any other related provision of Start agency will implement to ensure that chil- ‘‘(1) The Secretary shall establish uniform law, shall not be considered to be income for dren currently eligible under the criteria de- procedures for Head Start agencies to request purposes of determining the eligibility of a child scribed under paragraph (1) will be prioritized. approval to purchase facilities, or to request ap- of the individual for programs assisted under ‘‘(C) No more than 20 percent of children proval of the purchase (after December 31, 1986) this subchapter. served by such Head Start agency may be from of facilities, to be used to carry out Head Start ‘‘(4)(A) Upon written request and pursuant to families above the poverty line.’’, programs. The Secretary shall suspend any pro- the requirements of this paragraph, a Head (2) in subsection (c) by striking ‘‘(age 3 to ceedings pending against any Head Start agen- Start agency may use funds under section 640(a) compulsory school attendance)’’, and cy to claim costs incurred in purchasing such to serve infants and toddlers if the agency sub- (3) in subsection (d) by adding at the end the facilities until the agency has been afforded an mits an application to the Secretary containing following: opportunity to apply for approval of the pur- the following information, as specified in rules ‘‘(4) Notwithstanding any other provision of chase and the Secretary has determined whether issued by the Secretary— this Act, an Indian tribe that operates both a the purchase will be approved. The Secretary ‘‘(i) the amount of funds under section 640(a) Head Start program and an Early Head Start shall not be required to repay claims previously that are proposed to be used in accordance with program under section 645A may, at its discre- satisfied by Head Start agencies for costs in- section 645A(b); tion, at any time during the grant period in- curred in the purchase of such facilities. ‘‘(ii) a community-wide needs assessment dem- volved, reallocate funds between the Head Start ‘‘(2) Financial assistance provided under this onstrating how the use of such funds would best program and the Early Head Start program in subchapter may not be used by a Head Start meet the needs of the community; order to address fluctuations in client popu- agency to purchase a facility (including paying ‘‘(iii) a description of how the needs of preg- lation, including pregnant women and children the cost of amortizing the principal and paying nant women, and of infants and toddlers, will birth to compulsory school age. The reallocation interest on loans) to be used to carry out a Head be addressed in accordance with section 645A(b), of such funds between programs by an Indian Start program unless the Secretary approves a and with regulations prescribed by the Secretary tribe shall not serve as the basis for the Sec- request that is submitted by such agency and pursuant to section 641A in areas including the retary to reduce a base grant (as defined in sec- contains— agency’s approach to child development and tion 641A(g)(1)) for either program in succeeding ‘‘(A) a description of the consultation con- provision of health services, approach to family years.’’. ducted by the Head Start agency with the pro- and community partnerships, and approach to SEC. 13. EARLY HEAD START PROGRAMS. viders in the community demonstrating capacity program design and management; Section 645A of the Head Start Act (42 U.S.C. and capability to provide services under this ‘‘(iv) a description of how the needs of eligible 9840a) is amended to read as follows: subchapter, and of the potential for collabora- Head Start children will be met in the commu- ‘‘SEC. 645A. EARLY HEAD START PROGRAMS FOR tion with such providers and the cost effective- nity; FAMILIES WITH CHILDREN UNDER 3 ness of such collaboration as opposed to the cost ‘‘(v) assurances that the agency will partici- YEARS OF AGE. effectiveness of the purchase of a facility; pate in technical assistance activities (including ‘‘(a) IN GENERAL.—The Secretary shall make ‘‘(B) a description of the site of the facility a planning period, start-up site visits, and na- grants, in accordance with this section for pro- proposed to be purchased or that was previously tional training activities) in the same manner as grams (to be known as ‘Early Head Start pro- purchased; recipients of grants under section 645A; and grams’) that provide family-centered services for

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low-income families with very young children the standards for participation in programs ‘‘(2) CONTENTS OF STANDARDS.—The standards designed to promote the development of the chil- under this subchapter and meet such other ap- for training, qualifications, and the conduct of dren, and to enable their parents to fulfill their propriate requirements relating to the activities home visits shall include content related to— roles as parents and to move toward self-suffi- under this section as the Secretary may estab- ‘‘(A) structured child-focused home visiting ciency. lish. that promotes parents’ ability to support the ‘‘(b) SCOPE AND DESIGN OF PROGRAMS.—In ‘‘(e) SELECTION OF GRANT RECIPIENTS.—From child’s cognitive, social, emotional, and physical carrying out a program described in subsection the portion specified in section 640(a)(6), the development; (a), an entity receiving assistance under this Secretary shall award grants under this sub- ‘‘(B) effective strengths-based parent edu- section shall— section on a competitive basis to applicants cation, including methods to encourage parents ‘‘(1) provide, either directly or through refer- meeting the criteria specified in subsection (d) as their child’s first teachers; ral, early, continuous, intensive, and com- (giving priority to entities with a record of pro- ‘‘(C) early childhood development with respect prehensive child development and family sup- viding early, continuous, and comprehensive to children from birth through age 3; port services that will enhance the physical, so- childhood development and family services). ‘‘(D) methods to help parents promote emer- cial, emotional, and intellectual development of ‘‘(f) DISTRIBUTION.—In awarding grants to el- gent literacy in their children from birth participating children; igible applicants under this section, the Sec- through age 3; ‘‘(E) ascertaining what health and develop- ‘‘(2) ensure that the level of services provided retary shall— mental services the family receives and working to families responds to their needs and cir- ‘‘(1) ensure an equitable national geographic with these providers to eliminate gaps in service cumstances; distribution of the grants; and ‘‘(2) award grants to applicants proposing to by offering annual health, vision, hearing, and ‘‘(3) promote positive parent-child inter- serve communities in rural areas and to appli- developmental screening for children from birth actions; cants proposing to serve communities in urban to entry into kindergarten, when needed; ‘‘(4) provide services to parents to support areas. ‘‘(F) strategies for helping families coping their role as parents (including parenting skills ‘‘(g) MONITORING, TRAINING, TECHNICAL AS- with crisis; and training and training in basic child develop- SISTANCE, AND EVALUATION.— ‘‘(G) the relationship of health and well-being ment) and to help the families move toward self- ‘‘(1) REQUIREMENT.—To ensure the successful of pregnant women to prenatal and early child sufficiency (including educational and employ- operation of programs assisted under this sec- development.’’. ment services as appropriate); tion, the Secretary shall use funds from the por- SEC. 14. PARENTAL CONSENT REQUIREMENT FOR ‘‘(5) coordinate services with services provided tion specified in section 640(a)(6) to monitor the HEALTH CARE SERVICES. by programs in the State (including home-based operation of such programs, evaluate their effec- The Head Start Act (42 U.S.C. 9831) is amend- services) and programs in the community (in- tiveness, and provide training and technical as- ed by inserting after section 645A the following: cluding programs for infants and toddlers with sistance tailored to the particular needs of such ‘‘SEC. 645B. PARENTAL CONSENT REQUIREMENT disabilities and programs for homeless infants programs. FOR HEALTH CARE SERVICES. and toddlers) to ensure a comprehensive array ‘‘(2) TRAINING AND TECHNICAL ASSISTANCE AC- ‘‘(a) DEFINITIONS.—For purposes of this sec- of services (such as health and mental health COUNT.— tion: services and family support services); ‘‘(A) IN GENERAL.—Of the amount made avail- ‘‘(1) The term ‘health care service’ includes— ‘‘(6) ensure formal linkages with local Head able to carry out this section for any fiscal year, ‘‘(A) any nonemergency intrusive physical ex- Start programs in order to provide for con- not less than 5 percent and not more than 10 amination; and tinuity of services for children and families; percent shall be reserved to fund a training and ‘‘(B) any screening, including but not limited ‘‘(7) in the case of a Head Start agency that technical assistance account. to, a medical, dental, developmental, mental operates a program and that also provides Head ‘‘(B) ACTIVITIES.—Funds in the account may health, social, or behavioral screening. Start services through the age of mandatory be used by the Secretary for purposes includ- ‘‘(2) The term ‘nonemergency intrusive phys- school attendance, ensure that children and ing— ical examination’ means, with respect to a child, families participating in the program receive ‘‘(i) making grants to, and entering into con- a physical examination that— such services through such age; tracts with, organizations with specialized ex- ‘‘(A) is not immediately necessary to protect ‘‘(8) ensure formal linkages with the agencies pertise relating to infants, toddlers, and families the health or safety of such child, or the health and entities described in section 644(b) of the In- and the capacity needed to provide direction or safety of another individual; and dividuals with Disabilities Education Act (20 and support to a national training and tech- ‘‘(B) includes incision or is otherwise invasive, U.S.C. 1444(b)) and providers of early interven- nical assistance system, in order to provide such or includes exposure of private body parts. tion services for infants and toddlers with dis- direction and support; ‘‘(b) REQUIREMENT.—Before administering abilities under the Individuals with Disabilities ‘‘(ii) providing ongoing training and technical any health care service to a child (or referring Education Act (20 U.S.C. 1400 et seq.) and the assistance for regional and program staff a child to obtain such service) in connection agency responsible for administering section 106 charged with monitoring and overseeing the ad- with participation in a program under this sub- of the Child Abuse Prevention and Treatment ministration of the program carried out under chapter, a Head Start agency and an entity that Act (42 U.S.C. 5106a); this section; receives assistance under section 645A shall ob- ‘‘(9) develop and implement a systematic pro- ‘‘(iii) providing ongoing training and tech- tain the written consent of a parent of such cedure for transitioning children and parents nical assistance for existing recipients (as of the child indicating consent for each specific health from an Early Head Start program under this date of such training or assistance) of grants care service to be performed. ‘‘(c) RULE OF CONSTRUCTION.— section into a Head Start program or other local under subsection (a) and support and program planning and implementation assistance for new ‘‘(1) Nothing in this section shall be construed early childhood education program; to prohibit a Head Start agency or an entity ‘‘(10) establish channels of communication be- recipients of such grants; ‘‘(iv) providing professional development and that receives assistance under section 645A from tween staff of Early Head Start programs under using established methods for handling cases of this section and staff of Head Start programs or personnel enhancement activities, including the provision of funds to recipients of grants under suspected or known child abuse and neglect, other local early childhood education programs, that are in compliance with applicable Federal, to facilitate the coordination of programs; and subsection (a) for the recruitment and retention of qualified staff with an appropriate level of State, or tribal law. ‘‘(11) meet such other requirements concerning ‘‘(2) Nothing in this subchapter shall be con- design and operation of the program described education and experience; and ‘‘(v) providing professional development de- strued to permit a Head Start agency, an entity in subsection (a) as the Secretary may establish. signed to increase program participation for un- that receives assistance under section 645A, or ‘‘(c) PERSONS ELIGIBLE TO PARTICIPATE.—Per- derserved populations of eligible children. the personnel of such agency or entity to admin- sons who may participate in programs described ‘‘(h) CENTER-BASED STAFF.—The Secretary ister any health care service to a child (or to in subsection (a) include— shall ensure that, not later than September 30, refer a child to obtain such service) without the ‘‘(1) pregnant women; and 2009, all teachers providing direct services to informed written consent of a parent of such ‘‘(2) families with children under age 3; children and families participating in early child indicating consent for each specific health who meet the income criteria specified for fami- Head Start programs located in early Head Start care service to be performed. lies in section 645(a)(1). centers have a minimum of a child development ‘‘(3) Nothing in this section shall be construed ‘‘(d) ELIGIBLE SERVICE PROVIDERS.—To be eli- associate credential, and have been trained (or to require a Head Start agency or an entity that gible to receive assistance under this section, an have equivalent course work) in early childhood receives assistance under section 645A to provide entity shall submit an application to the Sec- development. separate consent forms for each specific health retary at such time, in such manner, and con- ‘‘(i) STAFF QUALIFICATIONS AND DEVELOP- care service.’’. taining such information as the Secretary may MENT.— SEC. 15. APPEALS, NOTICE, AND HEARING. require. Entities that may apply to carry out ac- ‘‘(1) HOME VISITOR STAFF STANDARDS.—In Section 646(a)(3) of the Head Start Act (42 tivities under this section include— order to further enhance the quality of home U.S.C. 9841(a)(3)) is amended to read as follows: ‘‘(1) entities operating Head Start programs visiting services provided to families of children ‘‘(3) if financial assistance under this sub- under this subpart; participating in home-based, center-based, or chapter is terminated or reduced, an application ‘‘(2) Indian Head Start programs; and combination program options under this sub- for a noncompeting continuation award is de- ‘‘(3) other public entities, and nonprofit or chapter, the Secretary shall establish standards nied based on a previous failure to comply with for-profit private entities, including community- for training, qualifications, and the conduct of terms applicable to financial assistance pre- based and faith-based organizations, capable of home visits for home visitor staff in Early Head viously provided under this subchapter, or sus- providing child and family services that meet Start programs. pension of financial assistance is continued for

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Special consideration shall reimburse any such recipient for legal fees and ‘‘(3) assist Head Start agencies in the develop- be given to entities that have demonstrated ef- other costs incurred in pursuing such an appeal; ment of collaborative initiatives with States and fectiveness in educational programming for pre- and’’. other entities within the States, to foster effec- school children that includes components for SEC. 16. RECORDS AND AUDITS. tive early childhood professional development parental involvement, care provider training, Section 647 of the Head Start Act (42 U.S.C. systems; and developmentally appropriate related activi- ‘‘(4) provide technical assistance and training, 9842) is amended by adding at the end the fol- ties. either directly or through a grant, contract, or lowing: ‘‘(e) The Secretary shall provide, either di- ‘‘(c) Each recipient of financial assistance cooperative agreement with an entity that has rectly or through grants or other arrangements, under this subchapter shall— experience in the development and operation of funds from programs authorized under this sub- ‘‘(1) maintain, and annually submit to the successful family literacy services programs, for chapter to support an organization to admin- Secretary, a complete accounting of its adminis- the purpose of— ister a centralized child development and na- ‘‘(A) assisting Head Start agencies providing trative expenses (including a detailed statement tional assessment program leading to recognized family literacy services, in order to improve the credentials for personnel working in early child- identifying the amount of financial assistance quality of such family literacy services; and hood development and child care programs, provided under this subchapter used to pay ex- ‘‘(B) enabling those Head Start agencies that training for personnel providing services to lim- penses for salaries and compensation and the demonstrate effective provision of family lit- ited English proficient children (including serv- amount (if any) of other funds used to pay such eracy services, based on improved outcomes for ices to promote the acquisition of the English expenses); children and their parents, to provide technical language), training for personnel providing ‘‘(2) within 30 days after the completion of an assistance and training to other Head Start services to children determined to be abused or audit conducted in the manner and to the ex- agencies and to service providers that work in neglected, training for personnel providing serv- tent provided in chapter 75 of title 31, United collaboration with such agencies to provide fam- ices to children referred by or receiving child States Code (commonly known as the ‘Single ily literacy services; welfare services, training for personnel in help- Audit Act Amendments of 1996’), submit to the ‘‘(5) assist Head Start agencies and programs ing children cope with community violence, re- Secretary a copy of the audit management letter in conducting and participating in community- source access projects for personnel working and of any audit findings as it relates to the wide strategic planning and needs assessment, with disabled children, and training for appro- Head Start program; and including the needs of homeless children and priate personnel to recognize common health, ‘‘(3) provide such additional documentation as their families; including mental health, problems in children the Secretary may require.’’. ‘‘(6) assist Head Start agencies and programs for appropriate referral. SEC. 17. TECHNICAL ASSISTANCE AND TRAINING. in developing and implementing full-working- ‘‘(f) The Secretary shall provide, either di- Section 648 of the Head Start Act (42 U.S.C. day and full-calendar-year programs where rectly or through grants, or other arrangements, 9843) is amended to read as follows: community need is clearly identified and making funds for training of Head Start personnel in ‘‘SEC. 648. TECHNICAL ASSISTANCE AND TRAIN- the transition to such programs, with particular addressing the unique needs of migrant and sea- ING. attention to involving parents and programming sonal working families, families with 1 or more ‘‘(a) The Secretary shall provide, directly or for children throughout the day, and assist the children with disabilities, families with a limited through grants or other arrangements— agencies and programs in expediting the sharing English proficiency, homeless families, and chil- ‘‘(1) technical assistance to communities in de- of information about innovative models for pro- dren and families experiencing toxic stress. veloping, conducting, and administering pro- viding full-working-day, full calendar year serv- ‘‘(g) More than 50 percent of funds expended grams under this subchapter; and ices for children; under this section shall be used to provide high ‘‘(2) training for specialized or other personnel ‘‘(7) assist Head Start agencies in better serv- quality, sustained, intensive, and classroom-fo- needed in connection with Head Start programs, ing the needs of families with very young chil- cused training and technical assistance in order in accordance with the process, and the provi- dren; to have a positive and lasting impact on class- sions for allocating resources, set forth in sub- ‘‘(8) assist Head Start agencies and programs room instruction. Funds shall be used to carry sections (b) and (c). in the development of sound management prac- out activities related to any or all of the fol- ‘‘(b) The process for determining the technical tices, including financial management proce- lowing: assistance and training activities to be carried dures; ‘‘(1) Education and early childhood develop- out under this section shall— ‘‘(9) assist in efforts to secure and maintain ment. ‘‘(1) ensure that the needs of local Head Start adequate facilities for Head Start programs; ‘‘(2) Child health, nutrition, and safety. agencies and programs relating to improving ‘‘(10) assist Head Start agencies in developing ‘‘(3) Family and community partnerships and program quality and to program expansion are innovative program models, including mobile services. ‘‘(4) Other areas that impact the quality or addressed to the maximum extent feasible; and home-based programs; ‘‘(11) provide support for Head Start agencies overall effectiveness of Head Start programs. ‘‘(2) incorporate mechanisms to ensure respon- (including policy councils and policy commit- ‘‘(h) The Secretary shall develop and imple- siveness to local needs, including an ongoing tees) that meet the standards described in sec- ment a program of outreach to recruit and train procedure for obtaining input from the individ- tion 641A(a) but that have, as documented by minority men to become Head Start teachers in uals and agencies carrying out Head Start pro- the Secretary through reviews conducted pursu- order to reflect the communities in which Head grams; and ant to section 641A(c), significant programmatic, Start children live and to increase the provision ‘‘(3) ensure the provision of technical assist- quality, and fiscal issues to address; of quality services and instruction to children ance to assist Head Start agencies, entities car- ‘‘(12) assist Head Start agencies and programs with diverse backgrounds. rying out other child care and early childhood in increasing program participation of homeless ‘‘(i) Funds under this subchapter used for programs, communities, and States in collabo- children; training shall be used for needs identified annu- rative efforts to provide quality full-working- ‘‘(13) assist Head Start agencies and Head ally by a grant applicant or delegate agency in day, full calendar year services, including tech- Start programs in improving outreach to, and their program improvement plan, except that nical assistance related to identifying and as- the quality of services available to, limited funds shall not be used for long-distance travel sisting in resolving barriers to collaboration. English proficient children and their families, expenses for training activities available locally ‘‘(c) In allocating resources for technical as- particularly in communities that have experi- or regionally or for training activities substan- sistance and training under this section, the enced a large percentage increase in the popu- tially similar to locally or regionally available Secretary shall— lation of limited English proficient individuals, training activities. ‘‘(1) give priority consideration to— as measured by the Bureau of the Census; ‘‘(j) Funds made available under section ‘‘(A) activities to correct program and man- ‘‘(14) assist Head Start agencies in developing 640(a)(2)(C)(i) shall be used by a Head Start agement deficiencies identified through reviews appropriate methods and approaches for identi- agency for any of the following: carried out pursuant to section 641A(c) (includ- fying and working with children and families ‘‘(1) Activities that ensure that Head Start ing the provision of assistance to local programs experiencing toxic stress; programs meet or exceed the program perform- in the development of quality improvement ‘‘(15) assist programs in improving outreach to ance standards described in section 641A(a)(1). plans under section 641A(d)(2)); and serve additional children with disabilities, if ‘‘(2) Activities that ensure that Head Start ‘‘(B) assisting Head Start agencies in— such program’s enrollment opportunities or programs have adequate numbers of trained, ‘‘(i) ensuring the school readiness of children; funded enrollment for children with disabilities qualified staff who have skills in working with and is less than 10 percent; and children and families, including children and ‘‘(ii) meeting the educational performance ‘‘(16) provide assistance to address and remove families who are limited English proficient and measures described in section 641A(b)(4); barriers related to recruitment and retention of children with disabilities. ‘‘(2) supplement amounts provided under sec- Head Start teachers for rural communities, and ‘‘(3) Activities to pay expenses, including di- tion 640(a)(3)(C)(ii) in order to address the remove barriers related to outreach efforts to eli- rect training for expert consultants working training and career development needs of class- gible families in rural communities. with any staff, to improve the management and room staff (including instruction for providing ‘‘(d) The Secretary may provide, either di- implementation of Head Start services and sys- services to children with disabilities), and non- rectly or through grants to public or private tems.

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MY7.041 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4350 CONGRESSIONAL RECORD — HOUSE May 2, 2007 ‘‘(4) Activities that help ensure that Head ‘‘(2) in carrying out paragraph (1), consult able data, information, and records collected or Start programs have qualified staff who can with the Secretary of Education about the De- maintained by the Secretary, by Head Start promote language skills and literacy growth of partment of Education’s systems for collecting agencies that carry out migrant and seasonal children and who can provide children with a and reporting data about, and maintaining Head Start programs, by the State director of variety of skills that have been identified as pre- records on, American Indian and Alaska Native Head Start Collaboration, by the Migrant and dictive of later reading achievement, school suc- students; Seasonal Farmworker Collaboration project Di- cess, and the skills, knowledge, abilities, devel- ‘‘(3) not later than 9 months after the effective rector (Such regulations shall provide the poli- opment, and progress described in section date of this subsection, publish in the Federal cies, protections, and rights equivalent to those 641A(a)(1)(B)(ii). Register a notice of how the Secretary plans to provided a parent, student, or educational agen- ‘‘(5) Activities to improve staff qualifications carry out paragraph (1) and shall provide a pe- cy or institution under section 444 of the Gen- and to assist with the implementation of career riod for public comment. To the extent prac- eral Education Provisions Act.); and development programs and to encourage the ticable, the Secretary shall consider comments ‘‘(6) ensure that nothing in this subsection staff to continually improve their skills and ex- received before submitting a report to the Con- shall be construed to authorize the development pertise, including developing partnerships with gress; of a nationwide database of personally identifi- programs that recruit, train, place, and support ‘‘(4) not later than 1 year after the effective able information on individuals involved in college students in Head Start centers to deliver date of this subsection, submit a report to the studies or other collections of data under this an innovative early learning program to pre- Committee on Education and Labor of the subsection. school children. House of Representatives and the Committee on ‘‘(m) For purposes of this section, the term ‘el- ‘‘(6) Activities that help local programs ensure Health, Education, Labor, and Pensions of the igible entities’ means an institution of higher that the arrangement, condition, and implemen- Senate, detailing how the Department of Health education or other entity with expertise in deliv- tation of the learning environments in Head and Human Services plans to carry out para- ering training in early childhood development, Start programs are conducive to providing effec- graph (1); family support, and other assistance designed to ‘‘(5) through regulation, ensure the confiden- tive program services to children and families. improve the delivery of Head Start services. ‘‘(7) Activities to provide training necessary to tiality of any personally identifiable data, infor- ‘‘(n) For the purposes of delivering a State- improve the qualifications of Head Start staff mation, and records collected or maintained by based training and technical assistance system, and to support staff training, child counseling, the Secretary, by Head Start agencies that carry as described in section 640(a)(C)(ii), that will out Indian Head Start programs, and by State health services, and other services necessary to meet the needs of local grantees and provide Directors of Head Start Collaboration, by the address the needs of children enrolled in Head high quality, sustained, and intensive training Indian Head Start Collaboration Project Direc- Start programs, including children from families and technical assistance to Head Start programs tor and by other appropriate entities pursuant in crises, children who experience chronic vio- in order to help them meet or exceed the pro- to this subsection (Such regulations shall pro- lence or homelessness, children who experience gram performance standards described in section vide the policies, protections, and rights equiva- substance abuse in their families, and children 641A(a)(1), the Secretary shall— lent to those provided a parent, student, or edu- under 3 years of age, where applicable. ‘‘(1) enter into contracts in each State with 1 cational agency or institution under section 444 ‘‘(8) Activities to provide classes or in-service- or more entities who have a demonstrated exper- of the General Education Provisions Act.); and type programs to improve or enhance parenting tise in supporting the delivery of high quality skills, job skills, adult and family literacy, in- ‘‘(6) ensure that nothing in this subsection shall be construed to authorize the development early education programs, except that bi-State cluding financial literacy, or training to become contracts may be entered in to if the demo- a classroom aide or bus driver in a Head Start of a nationwide database of personally identifi- able information on individuals involved in graphics of proximal States make such a system program. more appropriate; ‘‘(9) Additional activities deemed appropriate studies or other collections of data under this subsection. ‘‘(2) ensure that the entities described in sub- to the improvement of Head Start agencies’ pro- paragraph (1) determine the types of services to grams, as determined by the agencies’ technical ‘‘(l) The Secretary shall— ‘‘(1) in order to increase access to Head Start be provided through consultation with— assistance and training plans. ‘‘(A) local Head Start agencies; ‘‘(10) Any other activities regarding the use of services for eligible migrant and seasonal chil- dren, work in collaboration with migrant and ‘‘(B) the State Head Start collaboration office; funds as determined by the Secretary. and ‘‘(k) The Secretary shall— seasonal Head Start providers, the Department ‘‘(C) the State Head Start Association; ‘‘(1) work in collaboration with the Head of Agriculture (land grant universities), the De- ‘‘(3) provide a report, to the Committee on Start agencies that carry out Indian Head Start partment of Labor, the Bureau of Migrant Education and Labor of the House of Represent- programs, the Indian Head Start collaboration Health, and the Department of Education to— atives and the Committee on Health, Education, director, and other appropriate entities, includ- ‘‘(A) establish a system for collecting and re- Labor, and Pensions of the Senate. no later ing tribal governments and the National Indian porting data on farm workers and their families than 90 days after the end of the fiscal year, Head Start Directors Association— in order to adequately account for the number ‘‘(A) to undertake a study or set of studies de- of seasonal and migrant children that are eligi- summarizing the funding for such contracts and signed to focus on the American Indian and ble for Head Start and determine how many of the activities carried out thereunder; and ‘‘(4) periodically evaluate the usefulness of Alaska Native Head Start-eligible population, these eligible children receive services; the delivery of services in each State and their with a focus on issues such as curriculum devel- ‘‘(B) identify barriers that prevent eligible mi- effectiveness in promoting program quality. opment, availability and need for services, ap- grant and seasonal children from accessing ‘‘(o) To support enhanced early language and propriate research methodologies and measures Head Start services and develop a plan for elimi- preliteracy development of children in Head for these populations, and best practices for nating barriers and increasing enrollment; and Start programs, and to provide the children with teaching and educating American Indian and ‘‘(C) develop a system through which migrant high-quality oral language skills, and environ- Alaska Native Head Start Children; and seasonal Head Start programs can effec- ‘‘(B) to accurately determine the number of tively track health records and educational doc- ments that are rich in literature, in which to ac- children nationwide who are eligible to partici- uments as a child moves from state to state; quire language and preliteracy skills, each Head pate in Indian Head Start programs each year; ‘‘(2) not later than 6 months after the effective Start agency shall ensure that— ‘‘(C) to document how many of these children date of this subsection, publish in the Federal ‘‘(1) all of the agency’s Head Start teachers are receiving Head Start services each year; Register a notice on how the Secretary plans to receive ongoing training in language and emer- ‘‘(D) to the extent practicable, to ensure that carry out the activities identified in paragraph gent literacy (referred to in this subsection as access to Indian Head Start programs for eligi- (1) and shall provide a period for public com- ‘literacy training’), and including appropriate ble children is comparable to access to other ment. To the extent practicable, the Secretary curricula and assessment to improve instruction Head Start programs for other eligible children; shall consider comments received before imple- and learning; and menting any of the activities identified in para- ‘‘(2) such literacy training shall include train- ‘‘(E) to make the funding decisions required in graph (1); ing in methods to promote vocabulary develop- section 640(a)(2)(A)(iii), after completion of the ‘‘(3) not later than 1 year after the effective ment and phonological awareness (including studies required in that section, taking into ac- date of this subsection, submit a report to the phonemic awareness) in a developmentally, cul- count: Committee on Education and Labor of the turally, and linguistically appropriate manner ‘‘(i) the Federal government’s unique trust re- House of Representatives and the Health, Edu- and support children’s development in their sponsibility to American Indians and Alaska cation, Labor and Pensions Committee of the home language; Natives; Senate detailing how the Secretary plans to ‘‘(3) the literacy training shall include train- ‘‘(ii) limitations faced by tribal communities in carry out the activities identified in (1); ing in how to work with parents to enhance accessing non-Federal sources of funding to ‘‘(4) submit a report to Congress annually on positive language and early literacy develop- supplement Federal funding for early childhood the migrant and seasonal Head Start program ment at home; programs; and including a report on the progress made in car- ‘‘(4) the literacy training shall include specific ‘‘(iii) other factors that uniquely and ad- rying out the activities identified in paragraph methods to best address the needs of children versely impact children in American Indian and (1), the progress made in reaching out to and who are limited English proficient; and Alaska Native communities such as highly ele- serving eligible migrant and seasonal children, ‘‘(5) the literacy training shall include train- vated poverty, unemployment and violent crime and information on states where migrant and ing on how to best address the language and lit- rates, as well as depressed levels of educational seasonal children are still underserved; eracy needs of children with disabilities, includ- achievement and limited access to non-Federal ‘‘(5) through regulation, ensure the protection ing training on how to work with specialists in health, social and educational resources; of the confidentiality of any personally identifi- language development.

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MY7.042 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4351 ‘‘(p) The Secretary is encouraged to contract, physical development of children, including im- directly to comply with subparagraph (A) shall on a competitive basis, with an institution of proving the readiness of children for school by be used toward degrees awarded by an institu- higher education (as defined in section 102 of developing their literacy, phonemic, and print tion of higher education, as defined by sections the Higher Education Act of 1965) to develop an awareness, their understanding and use of lan- 101 or 102 of the Higher Education Act (20 on-line graduate-level professional development guage, their understanding and use of increas- U.S.C. 1001, 1002).’’, and program with the goal of improving the leader- ingly complex and varied vocabulary, their ap- (B) in paragraph (3)— ship of those working in Head Start programs preciation of books, their understanding of early (i) in subparagraph (B) by striking ‘‘or’’ at and improving teacher quality and the capacity math and early science, their problem solving the end, of effective Head Start teachers. abilities, and their approaches to learning; (ii) in subparagraph (C) by striking the period ‘‘(q) INDOOR AIR QUALITY.—The Secretary ‘‘(B) establishing and maintaining a safe, at the end and inserting ‘‘; or’’, and shall consult with experts on issues of air qual- healthy learning environment; (iii) by adding at the end, the following: ity related to children’s health and inform Head ‘‘(C) supporting the social and emotional de- ‘‘(D) a baccalaureate and has been admitted Start agencies of existing programs or combina- velopment of children; and into the Teach For America program, passed a tion of programs that provide methods for im- ‘‘(D) encouraging the involvement of the fami- rigorous early childhood content exam, such as proving indoor air quality. lies of the children in a Head Start program and the Praxis II, participated in a Teach For Amer- ‘‘(r) DEMONSTRATION FOR CAREER LADDER supporting the development of relationships be- ica summer training institute that includes PARTNERSHIPS WITH TRIBAL COLLEGES AND HIS- tween children and their families. teaching preschool children, and is receiving on- PANIC-SERVING INSTITUTIONS.— ‘‘(2) DEGREE REQUIREMENTS.— going professional development and support ‘‘(1) TRIBAL COLLEGE CAREER LADDER DEM- ‘‘(A) IN GENERAL.—The Secretary shall ensure from Teach For America’s professional staff.’’, ONSTRATION PROGRAM.—The Secretary is au- that not later than September 30, 2013, at least and thorized to award demonstration grants, for pe- 50 percent of all Head Start teachers nationwide (2) by amending subsection (c) to read as fol- riods of not less than 5 years, to tribal colleges in center-based programs have— lows: and universities to— ‘‘(i) a baccalaureate, or advanced degree in ‘‘(c) FAMILY SERVICE WORKERS.—To improve ‘‘(A) implement education programs that in- early childhood education; the quality and effectiveness of staff providing clude education concerning tribal culture and ‘‘(ii) a baccalaureate or advanced degree in a in-home and other services (including needs as- language and increase the number of associate, field related to early childhood education, with sessment, development of service plans, family baccalaureate, and graduate degrees in early experience in teaching preschool children; or advocacy, and coordination of service delivery) childhood and related fields that are earned by ‘‘(iii) except that teachers providing services to families of children participating in Head Indian Head Start agency staff members, par- in migrant and seasonal Head Start classrooms Start programs, the Secretary, in coordination ents of children served by such an agency, and that serve children under age 3 shall be required with concerned public and private agencies and members of the tribal community involved; to meet the teacher requirements described in organizations examining the issues of standards ‘‘(B) develop and implement the programs section 645A(h). and training for family service workers, shall— under subparagraph (A) in technology-mediated ‘‘(B) PROGRESS REPORT.— ‘‘(1) review and, as necessary, revise or de- ‘‘(i) On an annual basis, each Head Start formats, including providing the programs velop new qualification standards for Head agency shall provide to the Secretary a report through such means as distance learning and Start staff providing such services; indicating the number and percentage of class- use of advanced technology, as appropriate; and ‘‘(2) review, and as necessary, revise or de- ‘‘(C) provide technology literacy programs for room instructors with child development/ early velop maximum caseload requirements, as sug- Indian Head Start agency staff members and childhood education associate credentials and gested by best practices; children and families of children served by such associate, baccalaureate, or advanced degrees, ‘‘(3) promote the development of model cur- an agency. and number of classroom instructors who suc- ricula (on subjects including parenting training ‘‘(2) HISPANIC-SERVING INSTITUTIONS CAREER cessfully transferred associate credit and com- and family literacy) designed to ensure the at- LADDER DEMONSTRATION PROGRAM.—The Sec- pleted a baccalaureate degree disaggregated by tainment of appropriate competencies by indi- retary is authorized to award demonstration race, ethnicity, and proficiency in a language viduals working or planning to work in the field grants, for periods of not less than 5 years, to other than English, with a description of those of early childhood and family services; and Hispanic-serving institutions to— languages. ‘‘(4) promote the establishment of a credential ‘‘(A) provide assistance for stipends and costs ‘‘(ii) Not later than September 30, 2008 the Sec- that indicates attainment of the competencies related to tuition, fees, and books for enrolling retary shall compile and transmit reports re- and that is accepted nationwide.’’, and Head Start agency staff members and parents of ceived under (i) to the Committee on Education (3) is amended by adding at the end the fol- children served by such an agency in courses re- and Labor of the House of Representatives and lowing: quired to complete the degree and certification the Committee on Health, Education, Labor, ‘‘(f) PROFESSIONAL DEVELOPMENT PLANS.— requirements to become bilingual teachers in and Pensions of the Senate. Each Head Start agency and program shall cre- early childhood education and related fields; ‘‘(C) PROGRESS.—Each Head Start agency ate, in consultation with an employee, a profes- ‘‘(B) develop career ladder program curricula shall provide to the Secretary a report indi- sional development plan for all full-time Head to increase the number of associate’s, bachelor’s, cating the number and percentage of teachers Start employees who provide direct services to and graduate degrees earned by Head Start and teacher’s aides with child development as- children and shall ensure that such plans are agency staff who have the linguistic skills and sociate credentials and associate, baccalaureate, regularly evaluated for their impact on teacher expertise to teach in programs serving a large or advanced degrees. The Secretary shall com- and staff effectiveness.’’. number of limited English proficient children pile all program reports and make them avail- SEC. 19. RESEARCH, DEMONSTRATIONS, AND and parents of children served by such an agen- able to the Committee on Education and Labor EVALUATION. cy; and of the House of Representatives and the Com- Section 649 of the Head Start Act (42 U.S.C. ‘‘(C) other activities to upgrade the skills and mittee on Health, Education, Labor, and Pen- 9844) is amended— qualifications of noncertified educational per- sions of the Senate. (1) by amending subsection (a)(1)(B) to read sonnel to meet the professional standards in sec- ‘‘(D) REQUIREMENT FOR NEW HEAD START as follows: tion 648A(a)(1), including certification and li- TEACHERS.—In accordance with rules issued by ‘‘(B) use the Head Start programs to develop, censure as bilingual education teachers and the Secretary and made effective 2 years after test, and disseminate new ideas and based on other educational personnel who serve limited the effective date of this subparagraph, all Head existing scientifically based research, for ad- English proficient children. Start agencies shall require that all Head Start dressing the needs of low-income preschool chil- ‘‘(3) REQUIREMENT.—Individuals who receive teachers hired after such rules take effect to dren (including children with disabilities, home- assistance under paragraphs (1) and (2) shall provide Head Start services in center-based pro- less children, children who have been abused or subsequently teach in a Head Start center for a grams— neglected, and children in foster care) and their period of time equivalent to the period for which ‘‘(i) have an associate, baccalaureate, or ad- families and communities (including demonstra- they received assistance or repay the amount of vanced degree in early childhood education or a tions of innovative non-center-based program funds.’’. related field; or models such as home-based and mobile pro- ‘‘(ii) be currently enrolled in a program of SEC. 18. STAFF QUALIFICATIONS AND DEVELOP- grams), and otherwise to further the purposes of MENT. study leading to an associate degree in early this subchapter.’’, Section 648A of the Head Start Act (42 U.S.C. childhood education or a related field, and (2) in subsection (d)— 9843a) is amended— agree to complete degree requirements not later (A) in paragraph (7) by adding ‘‘and’’ at the (1) in subsection (a)— than 3 years after the date of hire. end, (A) by striking ‘‘(a)’’ and all that follows ‘‘(E) SERVICE REQUIREMENTS.—The Secretary (B) in paragraph (8) by striking the semicolon through paragraph (2), and inserting the fol- shall establish requirements to ensure that indi- at the end and inserting a period, lowing: viduals who receive financial assistance under (C) by striking paragraphs (9) and (10), and ‘‘(a) CLASSROOM TEACHERS.— this subchapter in order to comply with the re- (D) by striking the last sentence, ‘‘(1) PROFESSIONAL REQUIREMENTS.—The Sec- quirements under section 648A(a)(2) shall subse- (3) in subsection (g)— retary shall ensure that each Head Start class- quently teach in a Head Start center for a pe- (A) in paragraph(1)(A)— room in a center-based program is assigned 1 riod of time equivalent to the period for which (i) by striking clause (i), and teacher who has demonstrated competency to they received assistance or repay the amount of (ii) by redesignating clauses (ii) and (iii) as perform functions that include— the funds. clauses (i) and (ii), respectively, and ‘‘(A) planning and implementing learning ex- ‘‘(F) LIMITATION.—The Secretary shall require (B) by amending paragraph (7)(C) to read as periences that advance the intellectual and that any Federal funds provided directly or in- follows:

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MY7.042 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4352 CONGRESSIONAL RECORD — HOUSE May 2, 2007

‘‘(C) TRANSMITTAL OF REPORT TO CONGRESS.— Relief and Emergency Assistance Act (42 U.S.C. in the development and implementation of dis- Not later than September 30, 2009, the Secretary 5121 et seq.) as a result of Hurricanes Katrina aster plans.’’. shall transmit the final report to the Committee and Rita. SEC. 20. REPORTS. on Education and Labor of the House of Rep- ‘‘(3) STUDY.—The Secretary shall conduct a Section 650 of the Head Start Act (42 U.S.C. resentatives and the Committee on Health, Edu- study on the status of children and families par- 9846) is amended— cation, Labor, and Pensions of the Senate.’’, ticipating in Head Start and Early Head Start (1) in subsection (a)— and programs in areas affected by Hurricanes (A) by striking ‘‘Committee on Education and (4) by amending subsection (h) to read as fol- Katrina and Rita. the Workforce of the House of Representatives lows: ‘‘(4) REPORT.—Not later than 1 year after the and the Committee on Labor and Human Re- ‘‘(h) LIMITED ENGLISH PROFICIENT CHIL- date of the enactment of the Improving Head sources of the Senate’’ each place it appears and DREN.— Start Act of 2007, the Secretary shall prepare inserting ‘‘Committee on Education and Labor ‘‘(1) STUDY.—Not later than 1 year after the and submit to Congress a report containing the of the House of Representatives and the Com- date of enactment of the Improving Head Start results of such study, including mittee on Health, Education, Labor, and Pen- Act of 2007, the Secretary shall conduct a study ‘‘(A) information on the population served, in- sions of the Senate’’, on the status of limited English proficient chil- cluding— (B) by striking ‘‘and non-English language dren and their families in participating Head ‘‘(i) the number of children and families par- background children’’ and inserting ‘‘children, Start programs and Early Head Start programs. ticipating in Head Start and Early Head Start homeless children, children in foster care, and ‘‘(2) REPORT.—The Secretary shall prepare programs in areas affected by Hurricanes limited English proficient children’’, and and submit to Congress, not later than Sep- Katrina and Rita before and after Hurricanes (C) in paragraph (8) by inserting ‘‘homeless- tember 2008, a report containing the results of Katrina and Rita; ness, whether the child is in foster care or was such study, including information on— ‘‘(ii) the demographics of such children and referred by a child welfare agency,’’ after ‘‘ ‘‘(A)(i) the demographics of limited English families; and background,’’, and proficient children less than 5 years of age and ‘‘(iii) the geographical distribution of such (2) by adding at the end the following: the geographical distribution of such children; children and families; ‘‘(c) SET-ASIDE ACTIVITIES.—Not later than 60 and ‘‘(B) information on staff and programs, in- days after the end of each fiscal year, the Sec- ‘‘(ii) the number of such children receiving cluding— retary shall submit to the Committee on Edu- Head Start services and the number of such chil- ‘‘(i) the number and geographic distribution of cation and Labor of the House of Representa- dren receiving Early Head Start services, and staff serving Head Start and Early Head Start tives and the Committee on Health, Education, the geographical distribution of such children children and families from areas affected by Labor, and Pensions of the Senate, a report de- receiving such services; Hurricanes Katrina and Rita; tailing the different amounts of expenditures ‘‘(B) the nature of the Head Start services and ‘‘(ii) the current status, including employment under section 640(a)(2) and the activities carried of the Early Head Start services provided to lim- status and geographic location, of Head Start out thereunder. ited English proficient children and their fami- and Early Head Start staff serving in areas af- ‘‘(d) FISCAL PROTOCOL.—The Secretary shall lies, including the types, content, duration, in- fected by Hurricanes Katrina and Rita prior to conduct an annual review to assess whether the tensity, and costs of family services, language Hurricanes Katrina and Rita; and design and implementation of the triennial re- assistance, and educational services; ‘‘(iii) the response and recovery efforts of views described in section 641A(c) include com- ‘‘(C) procedures in Head Start programs for Head Start and Early Head Start staff serving pliance procedures that provide reasonable as- assessing language needs and for making the in areas affected by Hurricanes Katrina and surance that Head Start agencies are complying transition of limited English proficient children Rita with applicable fiscal laws and regulations. The to kindergarten, including the extent to which ‘‘(C) information on facilities, including— Secretary shall report the findings and conclu- Head Start programs meet the requirements of ‘‘(i) the number of Head Start and Early Head sions of the annual review to the House Com- section 642A for limited English proficient chil- Start facilities operating prior to Hurricanes mittee on Education and Labor, and the Senate dren; Katrina and Rita in areas affected by Hurri- Committee on Health, Education, Labor and ‘‘(D) the qualifications and training provided canes Katrina and Rita; Pensions within 30 days of completing the re- to Head Start teachers and Early Head Start ‘‘(ii) the current status of each such facility; view. teachers who serve limited English proficient and ‘‘(e) USE OF INDIVIDUALIZED EDUCATION children and their families; ‘‘(iii) information on any new Head Start or PLANS.—The Secretary shall track the use of ‘‘(E) the home languages of Head Start and Early Head Start facility that has opened in Head Start Individualized Education Plans by Early Head Start teachers; areas affected by Hurricanes Katrina and Rita Head Start agencies in order to evaluate the ‘‘(F) the rate of progress made by limited or that serves children and families who lived in reasons why Head Start agencies are opting not English proficient children and their families in areas affected by Hurricanes Katrina and Rita to use Individualized Education Plans for chil- Head Start programs and in Early Head Start at the time of Hurricanes Katrina and Rita; dren with disabilities (as specified in the Indi- programs, including— ‘‘(D) information on coordination with the viduals With Disabilities Education Act (20 ‘‘(i) the rate of progress made by limited Federal Emergency Management Agency U.S.C. 1414(d)), whether Head Start Individual- English proficient children toward meeting the (FEMA) in areas affected by Hurricanes ized Education Plans are used to provide serv- additional educational standards described in Katrina and Rita, including— ices prior to the development of an Individual- section 641A(a)(1)(B)(ii) while enrolled in Head ‘‘(i) areas of success that Head Start agencies ized Education Plan, as required under the In- Start programs; and programs had in working with FEMA; dividuals With Disabilities Education Act, and ‘‘(ii) the correlation between such progress ‘‘(ii) challenges that Head Start agencies and the length of time programs use Head Start Indi- and the type and quality of instruction and programs had in working with FEMA; and vidualized Education Plans before an Individ- educational programs provided to limited ‘‘(iii) the number of Head Start families that ualized Education Plan as required under Indi- English proficient children; and received individualized assistance (as defined viduals With Disabilities Education Act is devel- ‘‘(iii) the correlation between such progress under the Robert T. Stafford Disaster Relief and oped. The Secretary shall provide a report to the and the health and family services provided by Emergency Act) and the types of assistance re- Committee on Education and Labor of the Head Start programs to limited English pro- ceived by such families. House of Representatives and the Committee on ficient children and their families; and ‘‘(E) challenges that were faced by Head Start Health, Education, Labor, and Pensions of the ‘‘(G) the extent to which Head Start programs and Early Head Start programs and families in Senate, not later than 1 year after the date of make use of funds under section 640(a)(3) to im- areas affected by Hurricanes Katrina and Rita the enactment of the Improving Head Start Act prove the quality of Head Start services pro- including— of 2007. vided to limited English proficient children and ‘‘(i) the availability of Head Start services for ‘‘(f) EVALUATION AND RECOMMENDATIONS RE- their families. families displaced during the period of transi- GARDING OBESITY PREVENTION.—The Secretary ‘‘(i) CHILDREN, FAMILIES, AND PROGRAMS AF- tion; shall evaluate and publish regulations on the FECTED BY HURRICANES KATRINA AND RITA.— ‘‘(ii) identification of and outreach to families issue of and concerns related to preventing and ‘‘(1) PURPOSE.—The purpose of this subsection displaced by the Hurricanes Katrina and Rita; reducing obesity in children who participate in is to evaluate the status of Head Start and and Head Start programs and shall consult, at a Early Head Start programs affected by Hurri- ‘‘(iii) the extent to which non-Federal disaster minimum, with experts in child and maternal canes Katrina and Rita as well as the chal- assistance was available to Head Start agencies health, child development, child and family nu- lenges those programs have faced in reestab- and programs, and coordination of such services trition and physical education, to determine the lishing themselves and reenrolling eligible chil- with non-Federal disaster assistance resources. effective methods by which Head Start agencies dren and families, with the ultimate goal of pro- ‘‘(5) DISASTER PLAN PREPAREDNESS.—Not later can help address childhood obesity. The regula- viding all Head Start and Early Head Start pro- than 1 year after the date of the enactment of tions should include guidance on how Head grams with recommendations for developing and Improving Head Start Act of 2007, the Secretary Start agencies can incorporate, at a minimum, implementing disaster plans. shall prepare and submit to Congress, Head more physical activity and nutrition education ‘‘(2) DEFINITION.—The term ‘areas affected by Start disaster plan recommendations based upon into such programs related to preventing and re- Hurricanes Katrina and Rita’ means any parish the report initiated in paragraph (4), including ducing obesity. Not later than 1 year after the or county for which it was determined that as- recommendations for prevention, preparedness, effective date of this subsection, the Secretary sistance was warranted from the Federal Gov- response, and recovery, that can be used to ad- shall submit to the House Committee on Edu- ernment under the Robert T. Stafford Disaster vise Head Start and Early Head Start programs cation and Labor and the Senate Committee on

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MY7.042 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4353 Health, Education, Labor and Pensions, a re- Page 152, line 23, strike the close quotation serve as role models, the teachers who port containing such recommendations and the and the period at the end. know and understand the students that results of such evaluation.’’. Page 152, after line 23, insert the following come from their own communities, and SEC. 21. WAGES AND COMPENSATION. (and make such technical and conforming changes as may be appropriate): this will not only increase the number Section 653 of the Head Start Act (42 U.S.C. of qualified African American Head 9848) is amended to read as follows: ‘‘(s) HISTORICALLY BLACK COLLEGES AND UNIVERSITIES HEAD START PARTNERSHIPS.—In Start teachers, but it will increase the ‘‘SEC. 653. WAGES AND COMPENSATION. order to promote quality services and in- number of role models for millions of ‘‘(a) COMPARABILITY OF WAGES.—The Sec- struction to children with diverse back- retary shall take such action as may be nec- children who are at risk of educational grounds, the Secretary shall work in collabo- essary to assure that persons employed in car- failure. ration with Historically Black Colleges and rying out programs financed under this sub- So, today, only 6 percent of our Na- Universities to— chapter shall not receive compensation at a rate tion’s 3 million teachers are African ‘‘(1) implement education programs that which is (1) in excess of the average rate of com- include education to increase the number of American. It is far too small, but this pensation paid in the area where the program is associate, baccalaureate, and advanced de- would offer a unique resource and sup- carried out to a substantial number of the per- grees in early childhood education and re- port for those that are seeking a degree sons providing substantially comparable serv- lated fields that are earned by Head Start which is going to be necessary to main- ices, or in excess of the average rate of com- agency staff members, and parents of chil- pensation paid to a substantial number of the tain these jobs, and it also will offer I dren served by such an agency; and persons providing substantially comparable think a very positive role model situa- ‘‘(2) carry out other activities to upgrade services in the area of the person’s immediately tion in our Head Start program where the skills and qualifications of noncertified preceding employment, whichever is higher; or appropriate. educational personnel to meet the profes- (2) less than the minimum wage rate prescribed sional standards in section 648A(a). I would like to move adoption of my in section 6(a)(1) of the Fair Labor Standards Individuals who receive assistance under this amendment. Act of 1938. The Secretary shall encourage Head paragraph shall subsequently teach in a cen- Mr. Chairman, I reserve the balance Start agencies to provide compensation accord- ter-based Head Start program for a period of of my time. ing to salary scales that are based on training time equivalent to the period for which they Mr. MCKEON. Mr. Chairman, I rise in and experience. received assistance or shall repay such as- ‘‘(b) FEDERAL RATE LIMITATION.—Notwith- support of the gentlewoman’s amend- sistance.’’. standing any other provision of law, no Federal ment. funds shall be used to pay all or any part of the The CHAIRMAN. Pursuant to House The CHAIRMAN. Without objection, compensation of an individual employed by a Resolution 348, the gentlewoman from the gentleman from California is recog- Head Start agency in carrying out programs Texas (Ms. EDDIE BERNICE JOHNSON) nized for 5 minutes. under this subchapter, either as direct or indi- and a Member opposed each will con- There was no objection. rect costs of any proration thereof, at a rate in trol 5 minutes. Mr. MCKEON. Mr. Chairman, I be- excess of the rate then payable for level II of the The Chair recognizes the gentle- lieve that the amendment will improve Executive Schedule under section 5313 of title 5, woman from Texas. United States Code.’’. the underlying bill. Let me just give Ms. EDDIE BERNICE JOHNSON of SEC. 22. LIMITATION ON CERTAIN USES OF one example that can come from her FUNDS. Texas. Mr. Chairman, I rise to offer an amendment. The Head Start Act (42 U.S.C. 9858 et seq.) is amendment that will increase the num- Delaware State University is an ex- amended by adding at the end the following: ber of highly qualified African Amer- ample of a Head Start HBCU partner- ‘‘SEC. 656A. LIMITATION ON CERTAIN USES OF ican Head Start teachers. Let me has- ship that nurtures a continual goal of FUNDS. ten to thank the chairman of the com- providing high quality educational ex- ‘‘No funds made available to carry out this mittee and the ranking member. periences to Head Start participants by subchapter may be used— This program has been successful. I enhancing the competence of teachers ‘‘(1) for publicity or propaganda purposes not am fortunate enough to have what has heretofore authorized by the Congress; or and teachers’ aids; improving parental ‘‘(2) unless authorized by law in effect on the been labeled as the number one Head confidence and life management skills effective date of this section, to produce any Start program in the country in my to ensure that the work of Head Start pre-packaged news story intended for broadcast district, and what I am attempting to is continued in the home; and improv- or distribution unless such story includes a clear do in this amendment is to create part- ing the administrative, managerial and notification contained within the text or audio nerships between our Nation’s histori- leadership skills of centers directly so of such story stating that the prepackaged news cally black colleges and universities the Head Start resources, including story was prepared or funded by the Depart- and Head Start. personnel, are used as efficiently as ment of Health and Human Services.’’. It does not eliminate anyone else’s possible. The CHAIRMAN. No amendment to participation, but we know that by 2013 the committee amendment is in order every Head Start teacher has to have a b 1545 except the amendments printed in degree, and it could be parents because We think that her amendment will House Report 110–116. Each amendment one of the secrets to success in these further this help, and we think it im- may be offered only in the order print- programs is to have lots of involve- proves the bill. We would be happy to ed in the report, by a Member des- ment of the parents and volunteers in support the amendment. ignated in the report, shall be consid- the community. Mr. Chairman, I reserve the balance ered read, shall be debatable for the The partnerships will provide an op- of my time. time specified in the report, equally di- portunity for Head Start staff and par- Ms. EDDIE BERNICE JOHNSON of vided and controlled by the proponent ents of Head Start students to obtain Texas. Mr. Chairman, I yield 1 minute and an opponent of the amendment, degrees in early childhood education. to the gentleman from North Carolina shall not be subject to amendment and Now, why must it be in a historically (Mr. BUTTERFIELD). shall not be subject to a demand for di- black college? Mr. Chairman, that is Mr. BUTTERFIELD. I come to the vision of the question. important because 30 percent of the floor this afternoon to thank, first, the AMENDMENT NO. 1 OFFERED BY MS. EDDIE total number of children in Head Start chairman of the committee, Mr. BERNICE JOHNSON OF TEXAS are African American. GEORGE MILLER of California, for his The CHAIRMAN. It is now in order to Only 6 percent of our Nation’s 3 mil- tireless work in this area, and also the consider amendment No. 1 printed in lion teachers are African American and gentlelady from Texas. House Report 110–116. this is far too few, but also the histori- Mr. Chairman, I rise in support of Ms. EDDIE BERNICE JOHNSON of cally black colleges and universities H.R. 1429. There is no question, Mr. Texas. Mr. Chairman, I offer an amend- educate more African American teach- Chairman, that America needs more ment. ers than all the other universities put minority teachers in Head Start class- The CHAIRMAN. The Clerk will des- together. rooms. I represent the First Congres- ignate the amendment. So we would like to make this col- sional District of North Carolina, The text of the amendment is as fol- laboration so that it can reflect the di- which is the 15th poorest district in the lows: versity and the need and encourage- Nation. I can tell you that Head Start Amendment No. 1 offered by Ms. EDDIE ment of both the parents and the is making a difference in my congres- BERNICE JOHNSON of Texas: teachers to work together. They can sional district.

VerDate Aug 31 2005 04:36 May 03, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.042 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4354 CONGRESSIONAL RECORD — HOUSE May 2, 2007 I encourage the continuation of the a grant to the State to carry out a State under this section for such fiscal year an program. I urge the adoption of this demonstration program under this section, amount equal to— resolution. except that the Secretary shall not make ‘‘(A) if the State program is statewide, 100 Ms. EDDIE BERNICE JOHNSON of such grants to more than 8 eligible States. percent of such total amount; and ‘‘(B) DETERMINATION.—The Secretary shall ‘‘(B) if the State program is limited to a Texas. Mr. Chairman, I yield 30 seconds make awards to those States that dem- geographic area or areas, the sum of— to the gentleman from California (Mr. onstrate— ‘‘(i) an amount equal to the amount re- GEORGE MILLER). ‘‘(i) that the State standards generally ceived by grantees in such geographic area Mr. GEORGE MILLER of California. meet or exceed the standards that ensure the or areas for the Federal fiscal year preceding I rise in strong support of this amend- quality and effectiveness of programs oper- the first fiscal year of the State program ment and urge its adoption. I thank ated by Head Start agencies; under this section; plus the gentlewoman for offering it. ‘‘(ii) the capacity to deliver high quality ‘‘(ii) an amount bearing the same ratio to the excess (if any) above the total amount Mrs. JONES of Ohio. Mr. Chairman, I rise early childhood education services to pre- pare children, including low-income chil- for such preceding fiscal year as the number today in support of the Eddie Bernice Johnson dren, for school; and of children less than 5 years of age from fam- Amendment to H.R. 1429, the Improving Head ‘‘(iii) success in improving the school read- ilies whose income is below the poverty line Start Act of 2007. This amendment will en- iness of children. in the geographic area or areas included in courage partnerships between Head Start and ‘‘(2) STATE ELIGIBILITY.—A State shall be the program bears to the total number of Historically Black Colleges and Universities. eligible to participate in the program under such children in the State (as determined The Johnson Amendment will encourage Afri- this section if it meets each of the following using the same data used pursuant to section can American students to focus on early child- criteria: 640(a)(4)(B)). ‘‘(2) FUNDS ALLOCATED.—For purposes of hood education and participate in Head Start. ‘‘(A) The State has an existing State sup- ported system providing public prekinder- paragraph (1), amounts described in this My home is Cleveland, Ohio, and it is one of garten to children prior to entry into kinder- paragraph are: the poorest cities in the nation, with half of the garten. ‘‘(A) BASIC STATE ALLOTMENTS.—Amounts children living below the poverty line. Head ‘‘(B) The State has implemented standards allotted to States pursuant to section Start provides a vital service to my community, as of fiscal year 2007 for school readiness 640(a)(4), including amounts reserved pursu- it allows the youngest and most helpless chil- that include standards for language, ant to section 640(a)(5), excluding amounts dren to have a chance at the developing basic prereading and premathematics development for services provided under section 645A. for prekindergarten that are aligned with ‘‘(B) STATE ALLOTMENTS OF EXPANSION skills so they are not behind when they start FUNDS.—Amounts allotted to States pursu- attending school. I am so pleased that my col- State kindergarten through twelfth grade academic content standards and which shall ant to section 640(a)(3)(D)(i)(I) for program league from Texas, EDDIE BERNICE JOHNSON apply to all programs receiving funds under expansion. has offered this amendment. It will encourage this part or provides an assurance that such ‘‘(C) QUALITY IMPROVEMENT FUNDS.—Qual- more African American teachers to return to standards will be aligned by the end of the ity improvement funds (if any) reserved pur- some of the most impoverished communities second fiscal year of participation. suant to section 640(a)(3). across this country. They will not only serve ‘‘(C) State and locally appropriated funds ‘‘(D) TRAINING AND TECHNICAL ASSISTANCE FUNDS.—An amount bearing the same ratio as teachers but also as role models land men- for prekindergarten services and Head Start services in the base year under this section to the amount set aside for training and tors to inspire young children to succeed as technical assistance activities pursuant to they have. I would like to once again Con- shall not be less than 50 percent of the Fed- eral funds that the grantees in the State re- section 640(a)(2)(C)(i) and (ii) as the State’s gresswoman JOHNSON for offering this amend- ceived under this Act in the base year for share of amounts allotted under section ment and encourage all of my colleagues to services to Head Start eligible children, ex- 640(a)(4)(B) bears to the total amount so al- support it. cluding amounts for services provided under lotted (and for purposes of subparagraph (A), Ms. EDDIE BERNICE JOHNSON of section 645A. such amount shall be considered an amount allotted to the State for the fiscal year). Texas. Mr. Chairman, I yield back the ‘‘(D) The State has established a means for ‘‘(3) NON-FEDERAL MATCH.—(A) In deter- inter-agency coordination and collaboration balance of my time. mining the amount of Federal and non-Fed- in the development of the plan under sub- Mr. MCKEON. Mr. Chairman, I yield eral contributions for purposes of this sec- section (h). back the balance of my time. tion, the amounts required to be expended by ‘‘(b) LEAD AGENCY.—A program under this The CHAIRMAN. The question is on section shall be administered by a State gov- the State under subsection (h)(14)(B) (relat- the amendment offered by the gentle- ernmental entity designated by the Chief Ex- ing to maintenance of effort) shall be ex- woman from Texas (Ms. EDDIE BERNICE ecutive Officer of the State as the lead State cluded. JOHNSON). agency. ‘‘(B) Financial assistance made available The amendment was agreed to. ‘‘(c) STATE OPERATION OF PROGRAM.—The to a State under this subchapter shall be in State may conduct all or any part of the pro- an amount equal to 95 percent of the total AMENDMENT NO. 2 OFFERED BY MR. PRICE OF gram under this section (including the ac- amount expended for such programs. The GEORGIA tivities specified in subsection (g)) directly Secretary shall require non-Federal con- The CHAIRMAN. It is now in order to or by grant, contract, or cooperative agree- tributions in an amount equal to 5 percent of consider amendment No. 2 printed in ment. the total amount expended under this sub- House Report 110–116. ‘‘(d) TRANSITION.— chapter for such programs. Mr. PRICE of Georgia. Mr. Chairman, ‘‘(1) IN GENERAL.—For 60 months after the ‘‘(C) Non-Federal contributions may be I offer an amendment. effective date of this section, the State shall made in cash or in kind, fairly evaluated, in- cluding plant, equipment, or services. The CHAIRMAN. The Clerk will des- continue to provide funds to each local grantee who— ‘‘(4) COMBINED OPERATIONS WITH OTHER ignate the amendment. ‘‘(A) was receiving funds under this sub- EARLY CHILDHOOD EDUCATION PROGRAMS.—A The text of the amendment is as fol- chapter, as in effect prior to the date of en- State may combine funds for a program lows: actment of this section, and under this section with funds for other early Amendment No. 2 offered by Mr. PRICE of ‘‘(B) is serving the geographic area covered childhood programs serving children in the Georgia: by the plan in section 643A(h).’’ same age group, as long as all applicable re- At the end, add the following (and make Such continuing grants shall be made in quirements of this subchapter are met with such technical and conforming changes as accordance with the terms of the grant made respect to either— may be appropriate): to the local grantee immediately prior to ‘‘(A) the entire combined program; or such date of enactment. This paragraph shall ‘‘(B) each child served in such combined TITLE II—STATE DEMONSTRATION not apply to a grant applicant who has expe- program for whom the services provided are PROGRAM rienced substantial uncorrected deficiencies funded from appropriations under this sub- SEC. 201. STATE DEMONSTRATION PROGRAM. on Department of Health and Human Serv- chapter or non-Federal matching contribu- The Head Start Act is amended by insert- ices monitoring reports during any year of tions under this subchapter. ing after section 643 the following new sec- the most recent 5-year period, or to a grant- ‘‘(5) USE OF FUNDS WITHOUT REGARD TO AL- tion: ee that, as determined by the State, does not LOTMENT PURPOSES.—A State may use funds ‘‘SEC. 643A. STATE DEMONSTRATION PROGRAM. comply with the State plan described in sub- received pursuant to this section for any pro- ‘‘(a) GRANTS.— section 643A(h) submitted to the Secretary. gram purpose set forth in section 636, with- ‘‘(1) IN GENERAL.— ‘‘(e) FEDERAL FINANCIAL ASSISTANCE.— out regard to the purposes for such funds ‘‘(A) ELIGIBLE STATES.—In the case of each ‘‘(1) ALLOCATION OF FEDERAL ALLOTMENTS specified in section 640. eligible State that submits to the Secretary TO STATE PROGRAMS.—From each total ‘‘(6) OTHER FUNDS.—Funds received under an application that fulfills the requirements amount described in paragraph (2) allotted to this section shall not supplant any non-Fed- of this section, the Secretary, from amounts a State for a fiscal year, the Secretary shall eral, State or local funds that would other- appropriated under section 639(a), shall make pay to a State with a program approved wise be used for activities authorized under

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this section or similar activities carried out ported with funds reserved under section ‘‘(8) STATE GUIDELINES FOR SCHOOL READI- in the State. 640(a)(2)(A); and NESS.—The plan shall include— ‘‘(f) COORDINATION AND CHOICE.— ‘‘(B) Early Head Start services provided ‘‘(A) a State definition of school readiness; ‘‘(1) IN GENERAL.—A State demonstration under section 645A. ‘‘(B) a description of the State’s general Program shall be coordinated with the edu- ‘‘(h) STATE PLAN.—A State proposing to goals for school readiness, including how the cation programs of local educational agen- administer a program under this section State intends to— cies in the State to ensure that the program shall submit a State plan to the Secretary. ‘‘(i) promote and maintain ongoing com- is effectively designed to develop in children The State plan shall include the following: munication and collaboration between pro- in the program the knowledge and behaviors ‘‘(1) LEAD STATE AGENCY.—The plan shall viders of early care and education and local necessary to transition successfully to kin- identify the entity designated by the Chief educational agencies in the State; dergarten and to succeed in school. Executive Officer of the State as the lead ‘‘(ii) align early childhood and kinder- ‘‘(2) PROGRAMS CONCERNED.— State agency. garten curricula to ensure program con- ‘‘(A) REQUIRED PROGRAMS.—Such coordina- ‘‘(2) GEOGRAPHIC AREA.—The plan shall tinuity; and specify whether the program is statewide, tion shall occur regarding the implementa- ‘‘(iii) ensure that children successfully and, if it is not, identify the geographic area tion of the following: transition to kindergarten. ‘‘(i) The Early Reading First and Even or areas covered by the plan. A geographic ‘‘(9) TEACHER QUALIFICATIONS.—The plan Start programs under title I, part B, sub- area may be a city, county, standard metro- shall assure that the qualifications and cre- parts 2 and 3 of the Elementary and Sec- politan statistical area, or such other geo- dentials for early childhood teachers meet or ondary Education Act of 1965, and other pre- graphic area in the State. exceed the standards in section 648A(a)(2)(A), school programs carried out under title I of ‘‘(3) PROGRAM PERIOD.—A State program that Act. under this section shall be in effect for 5 Fed- (B), and (C). ‘‘(ii) State prekindergarten programs. eral fiscal years. ‘‘(10) PROFESSIONAL DEVELOPMENT.—The plan shall provide a description of the State ‘‘(iii) The Ready-to-Learn Television Pro- ‘‘(4) PROGRAM DESCRIPTION.—The plan shall gram under subpart 3 of part D of title II of describe the services under subsection (f) to plan for assuring the ongoing professional the Elementary and Secondary Education be provided in the program and arrange- development of early childhood educators Act. ments the State proposes to use to provide and administrators including how the State intends to— ‘‘(B) OPTIONAL PROGRAMS.—Such coordina- the services specified in subsection (g), in- tion may occur regarding the implementa- cluding how the State will leverage existing ‘‘(A) improve the competencies of early tion of the following: delivery systems for such services. childhood educators in meeting the cognitive ‘‘(i) Programs under the Child Care and De- ‘‘(5) NEEDS ASSESSMENT.—The plan shall and other developmental needs of young chil- velopment Block Grant Act. describe the results of a State needs assess- dren through effective instructional strate- ‘‘(ii) Other publicly funded early childhood ment and shall provide an assurance that the gies, methods, and skills; education programs. State will use the results to identify the ‘‘(B) develop and implement initiatives to effectively recruit and promote the retention ‘‘(3) PARENTAL CHOICE.—The program shall needs for early childhood education services allow parents to choose the preschool pro- within a State or geographic area to be of well-qualified early childhood educators; gram for their child. served and is targeting services to those ‘‘(C) encourage institutions of higher edu- ‘‘(g) REQUIRED SERVICES.—With funds areas of greatest need and to expand and im- cation, providers of community-based train- under this section, the State shall provide prove services to disadvantaged children in ing, and other qualified providers to develop services described in section 641A at least as the State. high-quality programs to prepare students to extensive as were provided, and to at least as ‘‘(6) ASSURANCE OF COMPLIANCE.—The plan be early childhood education professionals; many low-income children and families in shall provide an assurance that the State and each fiscal year as were provided such serv- program will comply with the requirements ‘‘(D) improve the quality of professional ices, with such funds in the base year in the of this section, including each of the fol- development available to meet the needs of State (or, if applicable, in the geographic lowing: teachers that serve preschool children. area included in the State program). A pro- ‘‘(A) PRIORITY FOR LOW-INCOME CHILDREN.— ‘‘(11) QUALITY STANDARDS.—The State shall gram under this section shall include the fol- Requirements established pursuant to sec- describe the State’s standards, applicable to lowing comprehensive activities designed to tion 645(a) concerning the eligibility and pri- all agencies, programs, and projects that re- promote school readiness and success in ority of individuals for participation in Head ceive funds under this subchapter, including school: Start programs. a description of— ‘‘(1) CHILD DEVELOPMENT AND EDUCATION.— ‘‘(B) CONTINUATION FOR EXISTING PRO- ‘‘(A) standards with respect to services re- Activities with enrolled children that pro- VIDERS.—An applicant who received funds quired to be provided, including health, pa- mote— under this subchapter in prior fiscal years rental involvement, nutritional, social, tran- ‘‘(A) cognitive development, language de- and has not corrected any substantial defi- sition activities described in section 642(d) of velopment, prereading, and premathematics ciencies identified in the past 5 years shall this subchapter, and other services; knowledge and skills; not be eligible to receive any grants, con- ‘‘(B)(i) education standards to promote the ‘‘(B) physical development, health, and nu- tract, or cooperative agreements under this school readiness of children participating in trition (including through coordination with, section. a State program under title II of this sub- and referral of children and families to local ‘‘(C) PARTICIPATION OF CHILDREN WITH DIS- chapter; and health service entities; and ABILITIES.—Requirements pursuant to sec- ‘‘(ii) additional education standards to en- ‘‘(C) social development important for en- tion 640(d) concerning Head Start enrollment sure that the children participating in the vironments constructive for child develop- opportunities and services for children with program, at a minimum develop and dem- ment, early learning, and school success. disabilities. onstrate— ‘‘(2) PARENT EDUCATION AND INVOLVE- ‘‘(D) PROVISIONS CONCERNING FEES AND CO- ‘‘(I) language skills; MENT.—Activities with the parents of en- PAYMENTS.—The provisions of section 645(b) ‘‘(II) prereading knowledge and skills, in- rolled children directed at enhancing and en- concerning the charging of fees and the cir- cluding interest in and appreciation of couraging— cumstances under which copayments are per- books, reading and writing either alone or ‘‘(A) involvement in, and ability to sup- missible. with others; port, their children’s educational develop- ‘‘(E) FEDERAL SHARE; STATE AND LOCAL ‘‘(III) premathematics knowledge and ment; MATCHING.—The provisions of section 640(b) skills, including aspects of classification, se- ‘‘(B) parenting skills and understanding of limiting Federal financial assistance for riation, number, spatial relations, and time; child development; and Head Start programs, and providing for non- ‘‘(IV) cognitive abilities related to aca- ‘‘(C) ability to participate effectively in de- Federal contributions. demic achievement; cisions relating to the education of their ‘‘(F) ADMINISTRATIVE COSTS.—The provi- ‘‘(V) social development important for en- children. sions of section 644(b) limiting the share of vironments constructive for child develop- ‘‘(3) SOCIAL AND FAMILY SUPPORT SERV- program funds that may be used for devel- ment, early learning, and school success; and ICES.—Activities directed at securing appro- oping and administering a program. ‘‘(VI) in the case of limited-English pro- priate social and family support services for ‘‘(G) FEDERAL PROPERTY INTEREST.—Appli- ficient children, progress toward acquisition enrolled children and their families, pri- cable provisions of this subchapter regarding of the English language; marily through referral and coordination the Federal Government interest in property ‘‘(C) the State’s minimum standards for with local, State, and Federal entities that (including real property) purchased, leased, early childhood teacher credentials and provide such services. or renovated with Federal funds. qualifications; ‘‘(4) HEAD START SERVICES.—For purposes ‘‘(7) IDENTIFICATION OF BARRIERS.—The plan ‘‘(D) the student-teacher ratio for each of paragraph (1) Head Start services fur- shall identify barriers in the State to the ef- age-group served; nished in a State program under this section fective use of Federal, State, and local public ‘‘(E) administrative and financial manage- shall include all Head Start services, other funds, and private funds, for early education ment standards; than— and care that are available to the State on ‘‘(F) standards relating to the condition ‘‘(A) Indian Head Start programs and mi- the date on which the application is sub- and location of facilities for such agencies, grant and seasonal Head Start programs sup- mitted. programs, and projects; and

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.043 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4356 CONGRESSIONAL RECORD — HOUSE May 2, 2007 ‘‘(G) such other standards as the State with appropriate public and private sector ‘‘(i) require the State to correct the defi- finds to be appropriate. entities, including— ciency within 90 days after notification ‘‘(12) STATE ACCOUNTABILITY SYSTEM.— ‘‘(1) representatives of agencies responsible under this paragraph; or ‘‘(A) IN GENERAL.—The State plan shall— for administering early education and care ‘‘(ii) require the State to implement a ‘‘(i) ensure that individual providers are programs in the State, including Head Start quality improvement plan designed to cor- achieving results in advancing the knowl- providers; rect the deficiency within one year from edge and behaviors identified by the State as ‘‘(2) parents; identification of the deficiency. prerequisites for kindergarten success; and ‘‘(3) the State educational agency and local ‘‘(3) WITHDRAWAL OF APPROVAL.—If the de- ‘‘(ii) specify the measures the State will educational agencies; ficiencies identified under paragraph (2) are use to evaluate the progress toward achiev- ‘‘(4) early childhood education profes- not corrected by the deadlines established by ing such results and the effectiveness of the sionals; the Secretary, the Secretary shall initiate State program under this section, and of in- ‘‘(5) kindergarten teachers and teachers in proceedings to withdraw approval of the dividual providers in such program. grades 1 through 4; State program under this section. ‘‘(B) PUBLICATION OF RESULTS.— ‘‘(6) child welfare agencies; ‘‘(4) PROCEDURAL RIGHTS.—A State subject ‘‘(i) IN GENERAL.—Subject to clause (ii), the ‘‘(7) child care resource and referral agen- to adverse action under this subsection shall results shall be made publicly available in cies; have the same procedural rights as a Head the communities served by the program. ‘‘(8) child care providers; and Start agency subject to adverse action under ‘‘(ii) CONFIDENTIALITY SAFEGUARDS.—The ‘‘(9) a wide array of persons interested in section 641A. system shall have in effect privacy safe- and involved with early care and early edu- ‘‘(o) INDEPENDENT EVALUATION.— guards ensuring that information on chil- cation issues in the State, such as represent- ‘‘(1) IN GENERAL.—The Secretary shall con- dren included in data and results made pub- atives of— tract with an independent organization out- lic in accordance with clause (i) shall be in ‘‘(A) health care professionals; side of the Department to design and con- aggregated form, and shall not include infor- ‘‘(B) the State agency with responsibility duct a multi-year, rigorous, scientifically mation allowing identification of individual for the special supplemental nutrition pro- valid, quantitative evaluation of the State children. gram for women, infants, and children estab- demonstration program. ‘‘(2) PROCESS.—The Secretary shall award a ‘‘(13) TRANSITION PLAN.—The initial State lished by section 17 of the Child Nutrition plan shall make provision for transition Act of 1966; contract within 180 days of the date of enact- from the direct Federal program under sec- ‘‘(C) institutions of higher education; ment of the Improving Head Start Act of 2007, to an organization that is capable of de- tion 640 to the demonstration program. ‘‘(D) community-based and faith-based or- signing and carrying out an independent ‘‘(14) COOPERATION WITH RESEARCH STUD- ganizations; evaluation described in this subsection. IES.—The plan shall provide assurances that ‘‘(E) the business community; ‘‘(3) ANALYSIS.—The evaluation shall in- the State will cooperate with research ac- ‘‘(F) State legislators and local officials; clude an analysis of each State participating tivities described in section 649. ‘‘(G) museums and libraries; in the State demonstration program, includ- ‘‘(15) MAINTENANCE OF EFFORT.—The State ‘‘(H) other relevant entities in the State; ing— plan shall— and ‘‘(A) A quantitative description of the ‘‘(A) contain a commitment to provide ‘‘(I) other agencies that provide resources State prekindergarten program and Head data, at such times and in such format as the for young children. Start programs within such State, as such Secretary requires, concerning non-Federal ‘‘(l) STATE PLAN SUBMISSION.—An applica- tion shall be submitted by a State pursuant programs existed prior to participation in expenditures and numbers of children and the State demonstration program, including: families served in preschool and Head Start to this section to the Secretary, in consulta- tion with the Secretary of Education, and ‘‘(i) data on the characteristics of the chil- programs during the base year and each fis- dren served, including the overall number cal year covered under the State plan, suffi- shall be deemed to be approved by the Sec- retary unless the Secretary makes a written and percentages of children served cient to satisfy the Secretary that the State disaggregated by socioeconomic status, race program will meet its obligation with re- determination, prior to the expiration of a reasonable time beginning on the date on and ethnicity of those served; spect to the maintenance of effort require- ‘‘(ii) the quality and characteristics of the ment under subparagraph (B); and which the Secretary received the applica- tion, that the application is not in compli- services provided to such children; and ‘‘(B) assure that the resources (which may ‘‘(iii) the education attainment of instruc- be cash or in-kind) contributed by the State ance with this section. ‘‘(m) TREATMENT OF FUNDS.—If a State or tional staff. government to child care for preschool-aged local government contributes its own funds ‘‘(B) A quantitative and qualitative de- children and other preschool programs, in- to supplement activities carried out under scription of the State program after each cluding Head Start, in the State (or, if appli- the applicable programs, the State or local year of participation in the State demonstra- cable, in the geographic area included in the government has the option to separate out tion, which shall include each of the fol- State program) for each fiscal year in which the Federal funds or commingle them. If the lowing: the program under this section is in effect funds are commingled, the provisions of this ‘‘(i) A description of changes in the admin- shall be in an amount at least equal to the subchapter shall apply to all of the commin- istration of the State program, including the total amount of such State governmental re- gled funds in the same manner, and to the Head Start program, within such State. sources contributed to support such pro- same extent, as the provisions apply to the ‘‘(ii) The rate of progress of the State in grams in the State (or geographic area) for Federal funds. improving the school readiness of disadvan- the base year. ‘‘(n) FEDERAL OVERSIGHT AUTHORITY; COR- taged children in the key domains of devel- ‘‘(16) TRAINING AND TECHNICAL ASSIST- RECTIVE ACTION; WITHDRAWAL OF AP- opment. ANCE.—The State plan shall describe the PROVAL.— ‘‘(iii) Data as described in subparagraph training and technical assistance activities ‘‘(1) FEDERAL OVERSIGHT.—The Secretary (A), as updated annually. that shall provide high quality, sustained, shall retain the authority to oversee the op- ‘‘(iv) The extent to which each State has intensive, and classroom-focused training eration of the State program under this sec- met the goals established by such State with and technical assistance in order to have a tion, including through review of records and respect to annual goals as described under positive and lasting impact on classroom in- reports, audits, and onsite inspection of section 643(h)(10). struction. records and facilities and monitoring of pro- ‘‘(4) REPORT.—(A) The Secretary shall pro- ‘‘(i) RECORDS, REPORTS AND AUDITS.—The gram activities and operations. vide an interim report on the progress of State agency administering the State pro- ‘‘(2) CORRECTION OF DEFICIENCIES.—If the such evaluation and of the progress of States gram, and each entity participating as a Secretary determines that a State program participating in the State demonstration in Head Start service provider, shall maintain under this section substantially fails to meet increasing the availability of high quality such records, make such reports, and cooper- the requirements of this section, the Sec- prekindergarten services for low-income ate with such audits as the Secretary may retary shall notify the State of the defi- children not later than October 1, 2010 to the require for oversight of program activities ciencies identified and require corrective ac- Committee on Education and the Workforce and expenditures. tion as follows: in the House of Representatives and the ‘‘(j) INAPPLICABILITY OF PROVISIONS CON- ‘‘(A) DEFICIENCIES CAUSING IMMEDIATE JEOP- Committee on Health, Education, Labor, and CERNING PRIORITY IN AGENCY DESIGNATION.— ARDY.—The Secretary shall require imme- Pensions in the Senate. The provisions of subsections (c) and (d) of diate corrective action to eliminate a defi- ‘‘(B) The Secretary shall provide a final re- section 641 (concerning priority in designa- ciency that the Secretary finds threatens the port to the Committee on Education and the tion of Head Start agencies, successor agen- health or safety of staff or program partici- Workforce in the House of Representatives cies, and delegate agencies) shall not apply pants or poses a threat to the integrity of and the Committee on Health, Education, to a State program under this section. Federal funds. Labor, and Pensions in the Senate, not later ‘‘(k) CONSULTATION.—A State proposing to ‘‘(B) OTHER DEFICIENCIES.—The Secretary, than October 1, 2011, which shall include an administer a program under this section taking into consideration the nature and overall evaluation of the State demonstra- shall submit, with the plan under this sec- magnitude of a deficiency not described in tion program, including an assessment of its tion, assurances that the plan was developed subparagraph (A), and the time reasonably success in increasing the overall availability through timely and meaningful consultation required for correction, may— of high quality prekindergarten services for

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.043 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4357 low income children in each of the partici- coordination, preventing duplication entific-based educational and perform- pating States as compared to a representa- and expanding the number of children ance standards, where we have pro- tive sample of non-participating States. that can be served by the early child- vided for accountability and oversight ‘‘(p) STATE PARTICIPATION AGREEMENT.— and evaluation of the program, where Following the submission of an application hood services. To carry it out, safe- fulfilling all requirements of this section, a guards would be put in place. States we have provided for the parent policy State that meets all eligibility requirements would have to ensure that participants councils, all of these things that have set forth in section 643A(a)(2) and is selected receive services that are as good or bet- been integral to this program over this by the Secretary to participate in the dem- ter than those in the Head Start pro- time to bring it to a point now where onstration program under this section shall: gram, including health, nutrition, men- we can see that it demonstrates a ‘‘(1) maintain or increase fiscal year 2007 tal health services on top of the edu- marked impact on these young chil- State funding levels for early childhood edu- cational services. dren in closing the achievement gap for cation; Enacting a demonstration program these children and getting them ready ‘‘(2) provide an additional contribution of and the skills that they will need for non-federal funds equal to 5 percent of the will result in expanding the number of State’s Federal Head Start allotment; children that can be served, which is early reading, for early math, for early ‘‘(3) use Head Start funding only for the not possible in Head Start or just a writing, that is what this program purposes of Head Start as described in sec- State-run program alone. This is an in- does. tion 636; novative program that would help There are not many States that do ‘‘(4) provide all comprehensive social serv- more children in our Nation, and I urge any of that. They have a lot of early ices currently available to Head Start chil- my colleagues to adopt this amend- childhood programs. They have a lot of dren, including health and nutrition; ment. child care programs, they have a lot of ‘‘(5) develop a strategy to maximize paren- Mr. Chairman, I reserve the balance it. But they don’t have this comprehen- tal involvement to enable parents to become of my time. sive program. That’s why this is con- full partners in the education of their chil- sidered the premier program in the Na- dren; Mr. GEORGE MILLER of California. ‘‘(6) demonstrate that the qualifications Mr. Chairman, I rise in opposition to tion for the education and the develop- and credentials for early childhood teachers this amendment. ment of these young children. That is meet or exceed the standards in section The CHAIRMAN. The gentleman why we should not support this block 648A(a)(2)(A), (B), and (C); from California is recognized for 5 min- grant amendment. ‘‘(7) enforce quality standards for school utes. I daresay that we have watched over readiness that are aligned with K–12 edu- Mr. GEORGE MILLER of California. the last decades effort after effort be cational standards and generally meet or ex- Mr. Chairman, Members of the House, made to block grant programs. Gen- ceed the Federal Head Start performance we are here today to authorize the erally, where they have been success- standards; ful, they have been the first step to the ‘‘(8) continue funding, for a period of 60 Head Start program. What this amend- months, all current Head Start grantees as ment would do would simply end Head budget cuts, to the loss of quality. described in section 643A(d); Start in those eight States as we know That’s what’s involved here. ‘‘(9) provide services described in section it. There would be no requirement that Again, when we structured this legis- 641A that are at least as extensive as were those States would take the money lation, and in consideration of the provided, and to at least as many low-income that we have set aside, that we have budget and the increases in the money, children and families in the State, in each worked hard to provide within the we are putting 60 percent of the money fiscal year as were provided such services in budget for the Head Start program and into quality, into teacher and profes- the base year; sional development, into salaries, be- ‘‘(10) establish a comprehensive collabora- use it to implement a program that is anything like Head Start, because cause we recognize that we have to tion effort to integrate Head Start, state- have that continuous update and that funded pre-kindergarten programs, Even there would simply be no requirements Start, Title I preschool, and Early Reading on that money to provide the kind of improvement of the Head Start pro- First; comprehensive programs that are now gram. Voting for this amendment is not to ‘‘(11) participate in independent evalua- required under the Head Start program vote for Head Start; it’s to vote for tions of the demonstration program author- that have demonstrated the success ized under this subchapter; and something, but it’s not to vote for that we just spent an hour with speak- ‘‘(12) submit to Federal oversight by the Head Start. It’s, in fact, detrimental ers from both sides of the aisle attest- Secretary. because that money, then, is out of the ‘‘(q) DEFINITION.—For purposes of this sec- ing to in their own districts or on a na- Head Start system to be used for what- tion, the term ‘base year’ means the fiscal tional basis as members of the com- ever purposes. In fact, you can take year 2007.’’. mittee have talked about what we are this Federal money and then withdraw The CHAIRMAN. Pursuant to House doing in this reauthorization. These the local money. There is no require- Resolution 348, the gentleman from States would be eligible for these funds ment in this amendment that there be Georgia (Mr. PRICE) and a Member op- without demonstrating any expertise a maintenance of effort by a State to posed each will control 5 minutes. or commitment to the high quality of do this. The Chair recognizes the gentleman this proven preschool program. What have you really done? You have from Georgia. Essentially that’s the end of it in taken money for the Federal taxpayers Mr. PRICE of Georgia. Mr. Chairman, those eight States. Now, maybe one of that paid into this program that we I appreciate the opportunity to offer those States will have a strong com- have decided on a bipartisan basis this amendment. I would urge my col- mitment to Head Start and all the rest should go for the Head Start program. leagues to support it. This is an amend- of it. That’s what Head Start is. That’s You said, oh, you can give it to a ment of expansion and educational op- what Head Start is. Why are we run- State, and they can draw their money portunities for our young children. ning this money through another filter out the bottom. So we put the tax- In 1965, when Head Start was imple- system to recreate the Head Start pro- payers’ money in at the top, and the mented, State-run early childhood de- gram? We already require, and we went State takes the money out of the bot- velopment programs didn’t exist. Since through a series of hearings about co- tom. then, and most recently, and in the ordination with the States to make That is not going to improve quality. past 15 years, States have invested con- sure that Head Start coordinates with That is not going to improve access. siderable resources into early child- other State programs and State agen- Now, you can argue that maybe you hood initiatives. This amendment cies. can add a lot of children to a program, seeks to provide an incredible oppor- But we also know that because of a program, not the Head Start pro- tunity for eight States to participate what we have done with Head Start gram, because the Head Start program in a 5-year demonstration program and over the years, where we have provided is expensive because we do it the way leverage their resources and experience reauthorization after reauthorization, we should be doing, the way it has been to improve school readiness. the continuous improvement of the scientifically analyzed and supported It would allow eight States to coordi- programs that are integral to the suc- by the data. nate Head Start and early childhood cess of Head Start and to the success of You can put a lot of kids in low-qual- State-run programs, thus improving the children, where we have used sci- ity programs, but that is not what we

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.043 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4358 CONGRESSIONAL RECORD — HOUSE May 2, 2007 are trying to achieve. We are trying to moment to listen to this amendment would allow States to serve more chil- achieve high quality so we get the re- and the arguments pro and con before dren, not fewer children, more, more sults that Head Start gets and most votes are cast on it. I believe Mr. PRICE than is currently possible than just other States don’t get. has demonstrated through Georgia, as with Head Start or with State-run Mr. Speaker, I reserve the balance of well as other States, that this is some- early childhood development programs. my time. thing which could be beneficial to the Economies of scale, it works. Fund- Mr. PRICE of Georgia. Mr. Chairman, children, which is really what this is ing levels for Head Start and early may I inquire as to how much time re- all about, hopefully helping those chil- childhood services would be protected. mains. dren in poverty so that they could Demonstration program States will be The CHAIRMAN. The gentleman move ahead. able to eliminate overlap, eliminate from Georgia has 31⁄2 minutes remain- I hope everybody will support the duplication of services, and partici- ing. amendment. pants must have access to services that Mr. PRICE of Georgia. The gen- Mr. GEORGE MILLER of California. are as extensive or greater than those tleman from California? Mr. Chairman, I yield 15 seconds to the found in Head Start. That’s what the The CHAIRMAN. The gentleman gentleman from Michigan (Mr. KIL- amendment states. from California has 30 seconds remain- DEE). I urge my colleagues to read the ing. Mr. KILDEE. Mr. Chairman, I would amendment. I appreciate the fact that Mr. PRICE of Georgia. Mr. Chairman, they have had previous amendments in I appreciate the chairman’s passion on just say in reading the amendment legislation before them, but I urge this, but his testimony bears little re- that States should generally follow the them to read this amendment. I think semblance to reality. I would urge him standards. I served in a State legisla- they will find the common-sense aspect to read the amendment which states ture for 12 years in appropriations, and clearly on page 11, ‘‘Head Start serv- I know what license that word ‘‘gen- of it. I appreciate the opportunity to offer ices furnished in a State program erally’’ gives to a State legislature in a it, and I urge my colleagues to adopt under this section shall include all State government. Generally it does not keep these really good high stand- the amendment. Head Start services.’’ The CHAIRMAN. The question is on Mr. Chairman, I yield 11⁄2 minutes to ards that we have worked on for 42 the amendment offered by the gen- my good friend from Delaware (Mr. years on in this bill. tleman from Georgia (Mr. PRICE). CASTLE). Mr. GEORGE MILLER of California. The question was taken; and the Mr. CASTLE. I thank the gentleman Mr. Chairman, I would just say that is Chairman announced that the noes ap- for yielding. exactly the point. Yes, it offers all Mr. Chairman, I strongly support services, but it doesn’t require the peared to have it. this amendment. I have a tremendous same high-quality service we have now. Mr. PRICE of Georgia. Mr. Chairman, amount of respect for the chairman of You can do all of these things, but you I demand a recorded vote. The CHAIRMAN. Pursuant to clause the committee, Mr. MILLER, but I dis- end up doing these things on the cheap 6 of rule XVIII, further proceedings on agree with him on his basic premise because the demand is for slots. We the amendment offered by the gen- here. have seen that tension here all the I do believe that the Governors of time. tleman from Georgia will be postponed. this country, which I had the chance to There are no requirements here that b 1600 be one, seems eons ago now, but a few you have anything comparable to the AMENDMENT NO. 3 OFFERED BY MR. SESTAK years ago, have a tremendous and quality and the requirements in the The CHAIRMAN. It is now in order to strong interest in the children of their Head Start program, and yet you are consider amendment No. 3 printed in States and in the education of those you are taking money out of the pro- House Report 110–116. children. gram to give it for these other pur- Mr. SESTAK. Mr. Chairman, I offer I also believe that in the time since poses. an amendment. Head Start was created, that many of I urge a ‘‘no’’ vote on this amend- The CHAIRMAN. The Clerk will des- these Governors have put together pre- ment. ignate the amendment. kindergarten, kindergarten, early Mr. PRICE of Georgia. Mr. Chairman, The text of the amendment is as fol- childhood programs. I think they are I yield 1 minute to the gentleman from lows: ready to move forward with this. I California (Mr. MCKEON). Amendment No. 3 offered by Mr. SESTAK: think in many instances they have Mr. MCKEON. Mr. Chairman, before I Page 159, after line 12, insert the following been competitive with, if not even came to Washington, I served in local (and make such technical and conforming ahead of, Head Start. We basically government on the school board, on the changes as may be appropriate): backed off from what the White House city council. I have great respect for ‘‘(g) INCENTIVES FOR HEAD START TEACHERS proposed originally, which is to give all local leadership. I don’t know what AND EARLY HEAD START TEACHERS.— 50 States the option to do this, to a we’re afraid of. ‘‘(1) STATEMENT OF PURPOSE.—It is the pur- pose of this subsection to encourage individ- pilot program of eight States. Sometimes I get the feeling that peo- ple here in Washington feel that all uals to begin and continue teaching in Head There are requirements that those Start programs and Early Head Start pro- eight States match these funds, in fact, wisdom resides within the Beltway. I grams. put in extra money in order to be able just think that to give the opportunity ‘‘(2) PROGRAM AUTHORIZED.— to enter into this program of dealing to a maximum of eight States to try to ‘‘(A) IN GENERAL.—From the sums appro- with the Head Start-type programs. expand and bring creativity to a pro- priated pursuant to paragraph (9), the Sec- The State demo would be limited to gram that’s good, to make it better, I retary of Education, in consultation with the States with a demonstrated investment think is nothing but a good thing, and Secretary of Health and Human Services, is in early childhood education and estab- it’s on the upside. authorized carry out a program to forgive, in I commend the gentleman from Geor- accordance with this subsection, the student lished existing preschool system. loan debt of any borrower who has one or You can’t just jump into this and gia (Mr. PRICE) for this amendment. I more loans described under subparagraph (B) take the money or whatever. You have encourage all to support it. made on or after October 1, 1998, and who— to show you are ready for it, and that Mr. PRICE of Georgia. Mr. Chairman, ‘‘(i) commits to working as a Head Start you are ready to do it, and you are how much time remains? teacher or an Early Head Start teacher for ready to put the money into it. I be- The CHAIRMAN. The gentleman at least 3 consecutive complete program lieve strongly that those States should from Georgia has 45 seconds remaining. years; be afforded the opportunity. I actually Mr. PRICE of Georgia. Mr. Chairman, ‘‘(ii) has a bachelor’s degree in a field re- think the competition with some of the I appreciate the perspective of the lated to early childhood education; and other side, but I would suggest, re- ‘‘(iii) is not in default on a loan for which Head Start providers would be positive the borrower seeks forgiveness. in terms of developing the opportunity spectfully, that that’s an old argu- ‘‘(B) METHOD OF LOAN FORGIVENESS.—To for young children. ment. It’s an old argument about a provide the loan forgiveness authorized in I would hope that everybody would block grant. This is not a block grant. subparagraph (A), the Secretary of Edu- stop for a moment and take time for a This is a demonstration program that cation, in consultation with the Secretary of

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.092 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4359 Health and Human Services, shall, subject to to carry out the provisions of this sub- H.R. 1429, with 50 percent Head Start subparagraph (C), carry out a program— section. teachers nationwide now to hold a ‘‘(i) through the holder of the loan, to as- ‘‘(8) CONSTRUCTION.—Nothing in this sub- bachelor’s degree by 2013, we should sume the obligation to repay a qualified loan section shall be construed to authorize any also provide the means to help them amount for a loan made under section 428 or refunding of any repayment of a loan. 428H of the Higher Education Act of 1965 (20 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— reach this goal. This amendment offers U.S.C. 1078, 1078–8); and There are authorized to be appropriated to one way of helping current Head Start ‘‘(ii) to cancel a qualified loan amount for carry out this subsection such sums as may teachers upgrade their qualifications, a Federal Direct Stafford Loan or a Federal be necessary for fiscal year 2008 and each of as well as to encourage future and cur- Direct Unsubsidized Stafford Loan made the 4 succeeding fiscal years. rent students to enter this important under part D of title IV of such Act (20 U.S.C. ‘‘(10) DEFINITIONS.—In this subsection: field of teaching. 1087a et seq.). ‘‘(A) HEAD START TEACHER.—The term The rising cost of higher education is ‘‘(C) TREATMENT OF CONSOLIDATION LOANS.— ‘Head Start teacher’ means an individual a concern for many, and repaying stu- A loan amount for a loan made under section who— 428C or section 455(g) of such Act (20 U.S.C. ‘‘(i) is employed by a Head Start agency or dent loans is often too burdensome for 1078–3, 1087e(g)) may be a qualified loan an entity that carries out an Early Head these teachers, particularly when one amount for the purposes of subparagraph (B) Start program, to provide for the education realizes that Head Start teachers’ aver- only to the extent that such loan amount and care of children who have not reached age annual salary is only approxi- was used to repay a loan made under section the age of compulsory school attendance who mately $24,000 a year, forcing teachers 428 or 428H, a Federal Direct Stafford Loan, are enrolled in a Head Start program or an not to go on to receive advanced de- or a Federal Direct Unsubsidized Stafford Early Head Start program receiving funds Loan for a borrower who meets the require- grees, or else to leave the profession in under the Head Start Act (42 U.S.C. 9831 et. order to repay their student loans. ments of subparagraph (A), as determined in seq.); and accordance with regulations prescribed by ‘‘(ii) who has, at a minimum, an associate’s This amendment will help to ensure the Secretary of Education, in consultation degree in early childhood education or a re- that we are able to recruit and retain a with the Secretary of Health and Human lated field. high quality workforce for our Nation’s Services. ‘‘(B) PROGRAM YEAR.—The term ‘program Head Start programs. ‘‘(3) QUALIFIED LOAN AMOUNT.—After the year’, where applied to service as a Head I urge all my colleagues to support beginning of the qualifying employment de- Start teacher or an Early Head Start teach- this critical amendment to help our scribed in paragraph (2)(A)(I) and upon ap- er, means a program year as defined by the proval of a borrower’s application under children’s future. Secretary of Health and Human Services.’’. Mr. Chairman, I reserve the balance paragraph (5), the Secretary of Education, in The CHAIRMAN. Pursuant to House consultation with the Secretary of Health of my time. and Human Services, shall forgive under this Resolution 348, the gentleman from Mr. MCKEON. Mr. Chairman, I rise in subsection not more than $10,000 of the stu- Pennsylvania (Mr. SESTAK) and a Mem- opposition to the amendment. dent loan obligation of a borrower that is ber opposed each will control 5 min- The Acting CHAIRMAN (Mr. KIND). outstanding at the beginning of such em- utes. The gentleman from California is rec- ployment. The Chair recognizes the gentleman ognized for 5 minutes. ‘‘(4) AWARD BASIS.—Loan forgiveness under from Pennsylvania. Mr. MCKEON. Mr. Chairman, while I this subsection shall be on a first-come, Mr. SESTAK. Mr. Chairman, I yield first-served basis and subject to the avail- support the intent of the amendment, ability of appropriations. myself such time as I may consume. which I think is good and which we in- ‘‘(5) APPLICATION FOR FORGIVENESS.— (Mr. SESTAK asked and was given cluded in last year’s bill that we ‘‘(A) IN GENERAL.—Each borrower desiring permission to revise and extend his re- passed, the higher ed reauthorization loan forgiveness under this subsection shall marks.) bill, that I think is a better vehicle for submit a complete and accurate application Mr. SESTAK. Mr. Chairman, I rise to this particular amendment. to the Secretary of Education at such time, speak in support of this amendment, to I would encourage the Member to in such manner, and containing such infor- encourage more individuals to become mation as the Secretary of Education, in withdraw it and put this in the higher consultation with the Secretary of Health Head Start and Early Head Start ed bill when we move later this year to and Human Services, may require. teachers, and to provide a way for ex- reauthorize that. It fits better there. ‘‘(B) SERVICE AGREEMENT.—Each such ap- isting Head Start teachers to improve We did a study, and we found that plication shall contain an agreement by the their skills and education. most of the education programs don’t borrower— This amendment is just building come under the Department of Edu- ‘‘(i) to complete the commitment described upon the efforts of someone that I have cation, they come under 39 other bu- in paragraph (2)(A)(I) within 6 years after re- grown to very much respect, Congress- ceiving loan forgiveness under this sub- reaucracies throughout this town. And section; or man TIERNEY, who has been working on it would be, I think, moving to try to ‘‘(ii) to repay the portion required by the this issue for years. have things more organized. It fits bet- regulations under paragraph (6)(A) if the bor- Specifically, this amendment pro- ter under the Higher Ed Act, and I rower does not complete such commitment. poses loan forgiveness of up to $10,000 would encourage that the gentleman ‘‘(6) REPAYMENT FOR FAILURE TO COMPLETE for Head Start and Early Head Start put it under that. Otherwise, I would SERVICE.— teachers upon completion of a bach- oppose this amendment. ‘‘(A) IN GENERAL.—In the event that any elor’s degree, who will commit to Mr. Chairman, I yield back the bal- recipient of loan forgiveness under this sub- working in a Head Start or Early Head section fails or refuses to complete a portion ance of my time. of the recipient’s service obligation under Start program for at least 3 consecu- Mr. SESTAK. Mr. Chairman, I yield 1 the agreement required by paragraph (5)(B), tive years. minute to the gentleman from Con- the same portion of the amounts of loans for- Earlier this spring, I held my dis- necticut (Mr. COURTNEY). given under this subsection for such recipi- trict’s first education summit, bringing Mr. COURTNEY. Mr. Chairman, I ent shall be subject to repayment in accord- together over 300 educators, experts, rise in support of Congressman ance with terms and conditions, and in the and citizens. We discussed the need to SESTAK’s amendment which flushes amounts, specified by the Secretary of Edu- provide and retain high quality Head out, I think, the direction that this bill cation, in consultation with the Secretary of Start teachers, who serve our country’s Health and Human Services, in regulations is taking, which is to try and improve under this subsection. most disadvantaged, low-income chil- the quality of teachers by mandating ‘‘(B) FORGIVENESS IF DECEASED OR DIS- dren. bachelor’s degrees and associate’s de- ABLED.—Such regulations shall provide that, Head Start teachers are so critical at grees over a very short period of time. subject to the availability of appropriations, the time of a child’s cognitive rea- For a lot of the teachers in the Head an individual shall be excused from repay- soning development, and this amend- Start program, though, this still begs ment of any amount required under para- ment recognizes this by ensuring that the question, which is, how do you pay graph (1) if the individual dies or becomes more than 55,000 Head Start teachers for it? permanently and totally disabled (as deter- have the means of getting their bach- Higher education costs have gone up mined in accordance with such regulations). ‘‘(7) REGULATIONS.—The Secretary of Edu- elor’s degree by forgiving their student 40 percent over the last 6 years, and un- cation, in consultation with the Secretary of loan burden. fortunately the prior Congresses took Health and Human Services, is authorized to As we call for increased qualifica- no action to raise the size of Pell issue such regulations as may be necessary tions in the Head Start workforce in Grants. And we have obviously taken

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.044 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4360 CONGRESSIONAL RECORD — HOUSE May 2, 2007 some steps towards reducing the cost The base bill increases the requests more than 10 percent, shall be reserved to of interest rates under the Stafford and requirements for teacher qualifica- fund a training and technical assistance ac- Student Loan program, but for many tion, and it supports higher salaries count. In determining the amount so re- teachers, the challenge of paying for and requires more college degrees. served, the Secretary shall consider the number of new programs serving pregnant higher education costs, in Connecticut Therefore, including this amendment women, infants, toddlers, and their families, the average salary for Head Start in the Head Start bill is absolutely ap- recognizing their need for more intensive teachers is $24,000, and the Sestak propriate, because this amendment training and technical assistance services amendment goes right to the heart of helps Head Start teachers get the de- during program expansion. trying to make this new requirement grees that we are demanding that they ‘‘(B) ACTIVITIES.—Of the funds in the ac- affordable. I believe it is totally ger- have. And we do this by offering loan count described in subparagraph (A) mane and central to the intent of this forgiveness to those teachers, teachers ‘‘(I) not less than 50 percent shall be avail- Head Start reauthorization bill. This who teach in the Head Start programs. able to local entities that carry out Early amendment belongs there, and I Loan forgiveness will help balance out Head Start programs for training and tech- nical assistance activities in order to make strongly urge the Members to support low salaries, and it will assist with program improvements identified by such passage of the Sestak amendment. teacher retention. entities; I want to thank Congressman SESTAK for of- Head Start is about the best thing we ‘‘(ii) not less than 30 percent shall be avail- fering this important amendment today. It can do for our children, because this able to the Secretary to support a State- would provide concrete assistance for early successful program gives children from based system of early childhood education childhood educators in Connecticut and all backgrounds a level playing field training and technical assistance to local en- around the country to attain their bachelors when they enter elementary school. tities that carry out Early Head Start pro- degree. As you know, the Head Start bill be- Mr. SESTAK. Mr. Chairman, I yield grams that shall meet the requirements of fore us increases teacher qualifications—half 30 seconds to the gentleman from subparagraph (C), including the creation, management, and support of a national net- Michigan (Mr. KILDEE). of teachers nationwide have a BA by 2013 work of the State-based infant-toddler spe- and all new teachers have at least an associ- Mr. KILDEE. Mr. Chairman, I thank cialists specified in such subparagraph; and ate’s degree beginning in 2009. the gentleman for yielding. ‘‘(iii) the remainder of such amount shall This amendment also provides a strong in- It has been suggested that we put be available to the Secretary to assist local centive for students to enter the field and for this in the Higher Education bill, but entities that carry out Early Head Start pro- established early childhood educators to re- the Higher Education bill has been grams in meeting and exceeding the stand- main in the field. Loan forgiveness of up to kind of stalled. And I always believe ards described in section 641A(a)(1), includ- $10,000 is contingent upon at least 3 years you put your cargo on the train that is ing— ‘‘(I) making grants to, and entering into service in a Head Start facility. Too often, our moving, and this train is moving. The Senate reported its version out contracts with, organizations with special- best and brightest educators are forced out of ized expertise relating to infants, toddlers, the profession because the salaries cannot of committee. I think we have a much and families and the capacity needed to pro- keep up with individual and family economic better chance to get this done if we put vide direction and support to a national demands. it on this bill. This train is moving. training and technical assistance system, in In Connecticut, where the median Head Mr. SESTAK. Mr. Chairman, I yield order to provide such direction and support; Start salary is approximately $24,000, going back the balance of my time. ‘‘(II) providing ongoing training and tech- back to school to attain a higher degree to The Acting CHAIRMAN. The ques- nical assistance on Early Head Start pro- satisfy the new teacher qualification require- tion is on the amendment offered by gram development and improvement for re- the gentleman from Pennsylvania (Mr. gional staff charged with monitoring and ments would be an economic hardship. overseeing the administration of the pro- SESTAK). While I am pleased to say that Connecticut gram carried out under this section; met the national goal of having at least 50 The question was taken; and the Act- ‘‘(III) developing training and technical as- percent or more of its teachers having an as- ing Chairman announced that the ayes sistance materials and resources to support sociate’s degree in early childhood education appeared to have it. program development and improvement and by the year 2003, the financial burden to now Mr. GARRETT of New Jersey. Mr. best practices in providing services to chil- attain a bachelor’s degree will be high. Chairman, I demand a recorded vote. dren and families served by Early Head Start We all know that college costs are rising The Acting CHAIRMAN. Pursuant to programs; and the last thing we want to do is encourage clause 6 of rule XVIII, further pro- ‘‘(IV) creating special training and tech- nical assistance initiatives targeted to serv- more debt. That is why I am so supportive of ceedings on the amendment offered by the gentleman from Pennsylvania will ing high risk populations, such as children in this amendment. the child welfare system and homeless chil- The need for committed, enthusiastic, and be postponed. dren; qualified Head Start teachers is on the rise. In AMENDMENT NO. 4 OFFERED BY MS. HIRONO ‘‘(V) providing ongoing training and tech- Connecticut, there are more than 25 Centers The Acting CHAIRMAN. It is now in nical assistance to Early Head Start grant- serving more than 8,000 children. Poverty lev- order to consider amendment No. 4 ees, and support and program planning and els in many parts of the state are rising. Chil- printed in House Report 110–116. implementation assistance for new recipi- dren receive valuable educational enrichment Ms. HIRONO. Mr. Chairman, I offer ents of such grants, including the conversion an amendment. of Head Start grants to Early Head Start in Head Start programs, ensuring that they are grants; and on the path to educational success in elemen- The Acting CHAIRMAN. The Clerk ‘‘(VI) providing professional development tary school and beyond. We cannot afford to will designate the amendment. designed to increase program participation leave children unprepared and we cannot af- The text of the amendment is as fol- for underserved populations of eligible chil- ford to lose our best and talented teachers ei- lows: dren. ther. Amendment No. 4 offered by Ms. HIRONO: ‘‘(C) CONTRACTS.—For the purposes of de- This amendment provides the incentive to Beginning on page 124, strike line 8 and all livering a State-based training and technical enter or remain in the early childhood edu- that follows through line 9 on page 126, and assistance system, as described in subpara- cation field and I urge my colleagues to sup- insert the following: graph (B)(ii), that will meet the needs of ‘‘{g} MONITORING, TRAINING, TECHNICAL AS- local grantees and provide high quality, sus- port this amendment. SISTANCE, AND EVALUATION.— tained, and intensive training and technical Mr. SESTAK. Mr. Chairman, I yield 1 ‘‘(1) REQUIREMENT.—To ensure the success- assistance on programming for infants and minute to the gentlewoman from Cali- ful operation of programs assisted under this toddlers to Early Head Start programs and fornia (Ms. WOOLSEY). section, the Secretary shall use funds from in order to help such programs meet or ex- Ms. WOOLSEY. Mr. Chairman, we the portion specified in section 640(a)(6) to ceed the program performance standards de- must ensure that every child who could monitor the operation of such programs, scribed in section 641A(a)(1), the Secretary benefit from Head Start is able to en- evaluate their effectiveness, and provide shall— roll in a Head Start center. One way to training and technical assistance tailored to ‘‘(i) enter into contracts in each State with do that is to provide full funding; an- the particular needs of such programs. 1 or more entities that have a demonstrated ‘‘(2) TRAINING AND TECHNICAL ASSISTANCE expertise in supporting the delivery of high other is to provide that we have the fa- ACCOUNT.— quality programs for pregnant women and cilities we need; and, one of the most ‘‘(A) IN GENERAL.—Of the amount made children less that 3 years of age, except that important ways is to ensure that we available to carry out this section for any bi-State or multi-State contracts may be en- have qualified teachers. fiscal year, not less than 5 percent, and not tered into if the demographics of proximal

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.098 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4361 States make such a system more appro- This bill expands the Early Head Start The Chair recognizes the gentleman priate; program, which currently serves only 3 from Florida. ‘‘(ii) ensure that contracts awarded under percent of eligible infants and toddlers. Mr. MICA. Mr. Chairman, first of all, clause (I) are in an amount sufficient to pro- And as Early Head Start expands, we I want to take a minute to compliment vide for each state a minimum of one full- time specialist with expertise in the develop- must ensure that individual programs Mr. MILLER and also Mr. MCKEON. This ment of children under age three and pro- have the knowledge and skills to pro- is one of the most important bills that gramming for pregnant women and such vide positive outcomes for partici- this Congress will take up in this ses- children; pants. This amendment will do that, sion because it deals with, as Mr. MIL- ‘‘(iii) to the maximum extent practicable, and I urge all of my colleagues to sup- LER said, as I listened to his opening ensure that the contracts awarded Under port it. statement, with our disadvantaged clause (I) and the services provided therein Mr. GEORGE MILLER of California. youth. And, unfortunately, we have are integrated with and augment the con- Mr. Chairman, will the gentlewoman many in this country. But it gives tract or contracts awarded and services pro- vided under section 648 (n); and yield? those youth the opportunity for the fu- ‘‘(iv) ensure that the entities described in Ms. HIRONO. Mr. Chairman, I yield ture and the opportunity that we have clause (I) determine the types of services to to the gentleman from California. all shared that are here on this floor be provided through consultation with— Mr. GEORGE MILLER of California. and many of us listening Members. ‘‘(I) local entities that carry out Early I thank her very much for introducing I think the bill is a step in the right Head Start programs; this amendment, and we rise in support direction in requiring that at least 50 ‘‘(II) the State Head Start collaboration of- of this amendment. We think it im- percent of all Head Start teachers na- fice; and proves the legislation, and thank her tionwide have a bachelor’s or advanced ‘‘(III) the State Head Start Association.’’. for her consideration. degree in childhood education or re- The Acting CHAIRMAN. Pursuant to Ms. HIRONO. Mr. Chairman, I reserve lated field by September 30, 2013. My House Resolution 348, the gentlewoman the balance of my time. amendment is a simple amendment. It from Hawaii (Ms. HIRONO) and a Mem- Mr. MCKEON. Mr. Chairman, I rise to would move up that date 2 years, to ber opposed each will control 5 min- claim the time in opposition to the 2011. utes. amendment, even though I support the I am not a newcomer to this debate. The Chair recognizes the gentle- gentlelady’s amendment. I could go back to 1993, when I came woman from Hawaii. The Acting CHAIRMAN. Without ob- here, and give statements from the Ms. HIRONO. Mr. Chairman, I rise jection, the gentleman from California floor and back over the years. My de- today to ask for my colleagues’ support is recognized for 5 minutes. gree is in education. I am usually here for this amendment, to improve Early There was no objection. on transportation and enjoy my service Head Start. Mr. MCKEON. I yield myself such on that committee. But as someone The amendment revises the training time as I may consume. educated as an educator, nothing is and technical assistance system by en- Mr. Chairman, I rise in support of the more important than the quality of suring that these services are provided gentlelady’s amendment, which revises education and those professionals that by entities with specific expertise in the training and technical assistance we have. infant and toddler development. It also program for Early Head Start by ensur- The Mica amendment moves up the directs at least 50 percent of training ing that training and technical assist- date to have professionals in place to and technical assistance funds directly ance are provided by entities with spe- 2011. We can do that. We have done it to the grantees. These are the people cific expertise in infant and toddler de- before. We have actually required on the ground working with children velopment. I believe that that makes a qualifications, and now we have more who are best able to prioritize their stronger bill, and I thank her for her than a majority having an associate training needs for the purpose of pro- amendment. degree. So we have done this in the gram improvement. Mr. Chairman, I yield back the bal- past. Currently, 38 percent of all of our In our hearing on the bill in the Com- ance of my time. Head Start teachers already meet this mittee on Education and Labor, we Ms. HIRONO. Mr. Chairman, I yield goal, so we are only talking about 12 heard that Head Start providers are back the balance of my time. percent in 4 years as opposed to 6 not getting the assistance they need The Acting CHAIRMAN. The ques- years. under the current system. One program tion is on the amendment offered by director said that it had been 10 the gentlewoman from Hawaii (Ms. b 1615 months since she saw her technical as- HIRONO). Does it really take 6 years to get an sistance specialist. The question was taken; and the Act- additional 12 percent of the teachers to The current system centralized con- ing Chairman announced that the ayes be in our most important educational trol often results in the assistance spe- appeared to have it. program with these qualifications? cialist spending more time filling out Mr. GARRETT of New Jersey. Mr. Now, we’ve moved this program from forms for their supervisors than di- Chairman, I demand a recorded vote. what I called it 14 years ago, from a rectly helping the program directors in The Acting CHAIRMAN. Pursuant to glorified babysitting program, to a pro- the field. The bill we are debating clause 6 of rule XVIII, further pro- gram that is giving our students the today solves this problem for the Head ceedings on the amendment offered by opportunity for quality educational op- Start program serving preschoolers by the gentlewoman from Hawaii will be portunity. And these young people, at directing the responsibility for train- postponed. this age, deserve the very best. They ing and technical assistance responsi- AMENDMENT NO. 5 OFFERED BY MR. MICA are coming from the very worst, the bility into the State-based system that The Acting CHAIRMAN. It is now in worst as far as disadvantage in our so- can better meet the needs of the local order to consider amendment No. 5 ciety, the worst as far as opportunity, providers. printed in House Report 110–116. as far as family setting, as far as their Early Head Start directors experi- Mr. MICA. Mr. Chairman, I offer an readiness for school. ence similar problems, and, therefore, amendment. Mr. MILLER talked about making should get a similar solution. This The Acting CHAIRMAN. The Clerk them ready for school. Well, do you amendment provides that solution and, will designate the amendment. want them ready with someone who is furthermore, requires that these State- The text of the amendment is as fol- unqualified or someone with the best based technical assistance providers in- lows: qualifications? clude individuals with infant and tod- Amendment No. 5 offered by Mr. MICA: Better prepared, Mr. MILLER talked dler expertise available to work with Page 154, line 9, strike ‘‘2013’’ and insert about. We need the most skilled profes- Early Head Start providers. ‘‘2011’’. sionals to give them the preparation. Rigorous evaluations show that the The Acting CHAIRMAN. Pursuant to And these are our toughest students, Early Head Start program has made a House Resolution 348, the gentleman the very toughest students. Do you positive difference in the lives of par- from Florida (Mr. MICA) and a Member want someone with or without quali- ticipating children and their families. opposed each will control 5 minutes. fications?

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.045 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4362 CONGRESSIONAL RECORD — HOUSE May 2, 2007 I posed a question, and probably the when we started considering this legis- ceedings on the amendment offered by reason I got this amendment out here lation. That legislation didn’t get the gentleman from Florida will be to the Rules Committee, which is through. We’re now 2 years later, so we postponed. mostly composed of Democrat Mem- moved it back 2 years so that the pro- AMENDMENT NO. 6 OFFERED BY MR. KENNEDY bers listening, there are more Head grams can balance, can rebuild the The Acting CHAIRMAN. It is now in Start programs in Democrat districts quality, can add additional slots for order to consider amendment No. 6 than there are in Republican districts, the million children who are now wait- printed in House Report 110–116. just by the sheer economics of it, the ing, and that’s the balance that we ar- Mr. KENNEDY. Mr. Chairman, I offer demographics. I said, what if I came rived at on both sides of the aisle. an amendment. with a proposal that said, in kinder- You could offer an amendment and The Acting CHAIRMAN. The Clerk garten I’m going to recommend that say, well, there’s a million children will designate the amendment. we only have 50 percent of the teachers waiting. Let’s put all the money into The text of the amendment is as fol- having a bachelor’s degree in Democrat slots. Then you just reduce the quality lows: districts; how would you like that? and the availability to pay teachers to Well, this is what’s happening here as Amendment No. 6 offered by Mr. KENNEDY: have them to stay. Page 3, line 2, strike ‘‘(22) and (23)’’ and in- you’re mandating that we have a poor- So this isn’t a game where you can sert ‘‘(23) and (24)’’. er quality of teachers with quality for just pick out one part of the program Page 3, line 4, strike ‘‘(20)’’ and insert another additional 2 years. So I think and say, let’s put the money there, and ‘‘(21)’’. we can do better. that’s the reason why we did what we Page 3, line 6, strike ‘‘(15) through (18)’’ You heard the $24,000 average pay. did. And I don’t think that this amend- and insert ‘‘(16) through (19)’’. That’s right. We’re going to increase ment is helpful in terms of our ability Page 3, line 8, strike‘‘(13)’’ and insert on average a half a billion dollars, from to hold on to current staff that have ‘‘(14)’’. $6.9 billion to $7.4 billion. Page 4, line 20, strike the close quotation B.A.’s, and that’s the staff we’re trying and the comma at the end. In my schools, in closing, there are to build, and then to attract additional choices. I won’t name the counties, but Page 4, after line 20, insert the following: ones to be able to put some money into ‘‘(13) The term ‘inclusive classroom’ means I have seven teachers in one program that pay quality, and the additional a Head Start classroom that contains both with $23,000 average salary. I have nine slots. And I would hope that we would children with disabilities and children with- administrators with salaries from oppose this amendment. out disabilities.’’, $32,000 to $41,600; another county, 21 Mr. Chairman, I yield 2 minutes to Page 136, line 20, strike ‘‘and’’ at the end teachers, $20,100 average salary, eight Page 136, line 25, strike the period at the the gentleman from Michigan (Mr. KIL- administrators with salaries from 31- end and insert ‘‘; and’’. DEE). Page 136 after line 25, insert the following: to $42,000. So it’s not always how much Mr. KILDEE. Mr. Chairman, I don’t we spend, it’s how we spend it. And we ‘‘(17) assist Head Start agencies and pro- question the motives of Mr. MICA, but need to spend it on quality education grams to increase the capacity of classroom his amendment would jeopardize pro- staff to meet the needs of eligible children in for these, our most disadvantaged stu- gram quality by speeding up the dead- inclusive classrooms.’’. dents. So I urge you to consider and line for the 50 percent of the Head Page 160, strike lines 6 through 12, and in- pass my amendment. Start teachers having their bachelor’s sert the following: Mr. GEORGE MILLER of California. degrees. (A) in paragraph (8) by adding ‘‘and’’ at the Mr. Chairman, I rise in opposition to Budgets have really forced Head end, the amendment offered by the gen- (B) by striking paragraphs (9) and (10) and Start centers to make very difficult, tleman from Florida. insert the following: The Acting CHAIRMAN. The gen- sometime impossible decisions to re- ‘‘(9) contribute to understanding the im- tleman from California is recognized duce services or to serve fewer chil- pact of Head Start services delivered in in- for 5 minutes. dren. And I fear that the Mica amend- clusive classrooms on both children with dis- Mr. GEORGE MILLER of California. ment would exacerbate the hard abilities and children without disabilities, Mr. Chairman, I yield myself 2 min- choices which Head Start programs and develop practices for increasing the have faced over recent years because availability and quality of inclusive class- utes. rooms.’’. Mr. Chairman and Members of the this Congress has not appropriated the House, I rise in opposition to this kind of money we need. The Acting CHAIRMAN. Pursuant to amendment, simply for the simple fact The bill that came out of committee, House Resolution 348, the gentleman that we are trying to balance, in this by 42–1, establishes, I think, a rather from Rhode Island (Mr. KENNEDY) and a legislation, the best we can do to in- reasonable and ambitious time line for Member opposed each will control 5 crease the number of teachers with a 50 percent of our Head Start teachers minutes. B.A. degree in child education, child to attain their bachelor’s degrees. The Chair recognizes the gentleman development and at the same time Under this time line, the bill ensures from Rhode Island. meet the other needs of the program. that Congress can provide the nec- Mr. KENNEDY. Mr. Chairman, I’d And to accelerate that effort on behalf essary funding to achieve this goal. We first like to thank my colleague, JOHN of more teachers with an M.A. upsets have to, as I think we have done in this HALL, for his work on this amendment. that balance. bill which came out of committee, we He was president of his local board of It’s not like, with all due respect to have to balance the improvements in education and knows this issue inside my friend on the other side, and he the program with the real resources. If and out from the local perspective. And shares my concern for teacher quality, we had unlimited resources, we could his work on this has been absolutely it’s what I’ve spent my public life try- do all these things. But I think the bill instrumental in its preparation. ing to do. The fact of the matter is this balances the improvements with the I also want to thank Chairman MIL- is a program that essentially has re- resources. LER and Chairman KILDEE, without ceived less than the COLA, last year Mr. GEORGE MILLER of California. whom the work of those for whom this got a 1 percent cut. And the fact of the Mr. Chairman, I urge a ‘‘no’’ vote on amendment is designed to help, the dis- matter is we’re trying to patch it back this amendment and yield back the ability community, those children with up, trying to bring it back to the level balance of my time. disabilities, this amendment is de- where it was around 2002, and recog- The Acting CHAIRMAN. The ques- signed to supplement. nizing that we want to increase the ac- tion is on the amendment offered by Frankly, Mr. Chairman, this amend- cess to a number of children, so money the gentleman from Florida (Mr. MICA). ment is really an attempt to just sup- has to go for slots, money has to go for The question was taken; and the Act- port what is already in this bill in the professional development, money has ing Chairman announced that the noes way of support of inclusive education. to go for quality, and money has to go appeared to have it. What this amendment seeks to do is for the salaries, and that’s the balance Mr. MICA. Mr. Chairman, I demand a use those dollars in this bill for teacher that we have put in this program. recorded vote. education and research, to support the The date that you have was the date The Acting CHAIRMAN. Pursuant to notion that we ought to include chil- that you had at the beginning of 2005 clause 6 of rule XVIII, further pro- dren in the classrooms with disabilities

VerDate Aug 31 2005 03:41 May 03, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.105 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4363 so that we can both better educate with increased demands. Teachers and from Florida (Mr. PUTNAM) and a Mem- those teachers teaching those children staff have often been forced to try to ber opposed will each control 5 min- with disabilities in how to teach both handle greater responsibilities without utes. children with disabilities in integrated the necessary resources. This amend- The Chair recognizes the gentleman classrooms, in inclusive classrooms, as ment would help to bridge that gap by from Florida. well as learn from their experiences in allowing training and technical assist- b 1630 doing so, both to the benefit of both ance funds to be spent to enhance the children in those inclusive classrooms; ability of classroom staff to meet the Mr. PUTNAM. Mr. Chairman, I yield 1 and use evidence-based research that needs of eligible children in inclusive myself 3 ⁄2 minutes. we know is constantly coming towards classrooms. Mr. Chairman, I rise today to urge us in terms of how to identify children Providing more resources for teacher my colleagues to support a very impor- with autism, how to identify children training and support, this amendment tant amendment to H.R. 1429, and I with learning disabilities and use those would make great strides in improving want to commend Mr. KILDEE, Mr. MIL- new findings and be able to employ the quality of the educational experi- LER, Mr. MCKEON, and the others who them to the benefit of these children’s ence for all children in a class. have worked so hard on this important growth and their development. Another fundamental goal of the bill. Mr. Chairman, that is why we’ve in- Head Start program is to make sure Head Start is a tremendously impor- troduced this amendment. that all children have the best chance tant program in the early childhood Mr. Chairman, I reserve the balance of success in school and in life. The sec- education continuum, but it is also of my time. ond provision of this amendment will desperately in need of reforms. Mr. MCKEON. Mr. Chairman, I rise to help to further serve those goals by As we all know, the purpose of Head claim the time in opposition, even working to make sure that the inclu- Start is to help disadvantaged children though I support the gentleman’s sive classroom environment benefits be better prepared to enter school. But amendment. every student, including typically de- we are doing those children an enor- The Acting CHAIRMAN. Without ob- veloping children. It would do so by al- mous disservice and squandering tax- jection, the gentleman from California lowing research and evaluation funding payer dollars if we do not hold the pro- is recognized for 5 minutes. to be used in further studying the im- viders of Head Start services to a high- There was no objection. pact of inclusive classrooms on the er level of accountability. The existing Mr. MCKEON. Mr. Chairman, I yield educational experience of children with language in 1429 allows for automatic myself such time as I may consume. or without disabilities. 5-year renewal of applications, auto- I believe that this is an improvement I urge my colleagues to support it. matic renewal, if they simply meet to the bill and will assist Head Start Mr. MCKEON. Mr. Chairman, I yield minimum standards to the satisfaction programs which are required to spend back the balance of my time. of the review panel. Providers that 10 percent of their funds on services to Mr. KENNEDY. Mr. Speaker, let me don’t meet the standards must enter disabled students in improving the just say, I offer this amendment in into open competition for acceptance quality of their programs to serve honor of my aunt, Eunice Kennedy of their applications. I would respect- young children. Shriver, who started the Special Olym- fully submit this does not go far Mr. Chairman, I reserve the balance pics, who has inspired me in this work; enough. of my time. and my uncle, Sarge Shriver, who was For the sake of ensuring the pro- Mr. KENNEDY. Mr. Chairman, I’d the first and founding director of Head grams are performing better than mini- yield 2 minutes to my good friend and Start, both individuals who are inspira- mal or better than good enough and as colleague from New York, JOHN HALL. tions to me and to millions in this a safeguard for the taxpayers who foot Mr. HALL of New York. Mr. Chair- country. the bill, I believe we should require man, I won’t need that much time. Mr. Chairman, I yield back the bal- that all Head Start providers face open Thank you to my colleague from ance of my time. competition. Such competition will en- Rhode Island and from the other side of The Acting CHAIRMAN. The ques- courage a higher level of performance the floor, who just spoke in favor of tion is on the amendment offered by and serve as a check on unscrupulous this amendment. I would like to take a the gentleman from Rhode Island (Mr. practices. moment to commend all who support KENNEDY). Mr. Chairman, I am very familiar, this issue. The amendment was agreed to. unfortunately, with what can happen There are 27 Head Start facilities in AMENDMENT NO. 7 OFFERED BY MR. PUTNAM when a provider is allowed to skate my district, and they provide critical The Acting CHAIRMAN. It is now in through without the discipline that services to families that want their order to consider amendment No. 7 comes from competition. In my own children to have every opportunity to printed in House Report 110–116. district, the Polk County Opportunity grow and succeed. I’m glad that the bill Mr. PUTNAM. Mr. Chairman, I offer Council became a poster child for mis- we are considering today will expand an amendment. management and abuse since its deal- The Acting CHAIRMAN. The Clerk access to Head Start and help make ings first became public in 2003, which will designate the amendment. actually had followed a probationary sure that America’s less well-off chil- The text of the amendment is as fol- status just several years before. Years dren can have a great chance of long- lows: term success when they arrive in our of investigation have revealed breath- Amendment No. 7 offered by Mr. PUTNAM: schools. Page 37, beginning on line 10, strike ‘‘sub- taking examples of malfeasance and The amendment will help to meet sections (a), (b), and (c) of’’. mendacity. these goals by providing more support Beginning on page 39, line 21, strike ‘‘, ex- There has been everything from for inclusive education. This is the cept’’ and all that follows through line 3 on sweetheart deals involving the pur- practice of teaching children with dis- page 40, and insert as period. chase of office equipment to claims for Beginning on page 40, strike line 7 and all nonexistent hurricane damages, essen- abilities in the same classrooms as that follows through line 10 on page 45, in- those without disabilities, and it has sert the following: tially amounting to insurance fraud. largely been shown to have a positive ‘‘(c) DESIGNATION ON COMPETITIVE BASIS.— At one point the PCOC even fabricated effect on the development of those chil- ‘‘(1) SELECTION.—From among entities that a false ‘‘certificate of compliance’’ dren with disabilities. submit plans under subsection (b), the Sec- from the U.S. Department of Health The Head Start Act already requires retary shall, after’’. and Human Services, which it tried to that 10 percent of enrollment slots go Beginning on page 52, strike line 20 and all use to short-circuit other investiga- that follows through line 2 on page 53. to students with disabilities, and the Page 53, line 3, strike ‘‘(g)’’ and insert tions of its misdealings. It took 3 actual number of enrollees is even ‘‘(d)’’. years, 3 years, to defund that agency, higher, at about 13 or 14 percent. Page 53, line 7, strike ‘‘(h)’’ and insert and the entire appeals process along Although these classrooms can pro- ‘‘(e)’’. the way, and this only applies to the vide increased educational benefits, The Acting CHAIRMAN. Pursuant to Head Start program, the entire appeals they also present teachers and staff House Resolution 348, the gentleman process was paid for not by the agency,

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.108 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4364 CONGRESSIONAL RECORD — HOUSE May 2, 2007 not by the grantee, but by the tax- Mr. PUTNAM. Mr. Chairman, I yield Page 159, after line 12, insert the following: payers. The taxpayers paid the bill for 30 seconds to the distinguished ranking ‘‘(g) STAFF RECRUITMENT AND SELECTION them to appeal mismanaging the tax- member from California. PROCEDURES.—Before a Head Start agency employs an individual, such agency shall— payers’ dollars. Competition, I believe, Mr. MCKEON. I thank the gentleman an open competition, would go a long for yielding. ‘‘(1) conduct an interview of such indi- vidual; way towards solving that problem. Mr. Chairman, I think this is a good ‘‘(2) verify the personal and employment The effect of these abuses not only amendment that Mr. PUTNAM has put references provided by such individual; and squandered taxpayer dollars, but it di- forth. I don’t think we should fear com- ‘‘(3) obtain— verted resources from some of the petition. I think the idea that once a ‘‘(A) a State, tribal, or Federal criminal neediest and most deserving members program is granted, it should have life- record check covering all jurisdictions where of our community. That is an outrage. long tenure, I think, is something we the grantee provides Head Start services to We must expect better and we must do should avoid. I think competition and children; better. We cannot allow these types of accountability is good. Once every 5 ‘‘(B) a State, tribal, or Federal criminal abuses to become the norm. We should record check as required by the law of the ju- years, programs that are good should risdiction where the grantee provides Head not maintain a system that simply not fear competing to keep the pro- Start services; or continues the status quo. Let’s expect gram for another 5 years. I think it is ‘‘(C) a criminal record check as otherwise providers of Head Start programs to always good to have somebody coming required by Federal law.’’. compete with other potential pro- up behind you that is going to make The Acting CHAIRMAN. Pursuant to viders, which, unlike during the cre- you do a little bit better. House Resolution 348, the gentleman ation of Head Start, today there are a Mr. KILDEE. Mr. Chairman, I yield from Nevada (Mr. PORTER) and a Mem- number of State and local governments back the balance of my time. ber opposed each will control 5 min- and private entities that can provide Mr. PUTNAM. Mr. Chairman, the utes. that service. Then we will truly be giv- amendment provides for competition ing these needy children the head start The Chair recognizes the gentleman among agencies that are given millions from Nevada. they deserve. of dollars to manage programs for our I urge my colleagues to support the Mr. PORTER. Mr. Chairman, I yield neediest children. And unlike during myself such time as I may consume. amendment. the creation of the Head Start pro- It is an honor to be here to talk Mr. Chairman, I reserve the balance gram, today across America there are about something very critical, I think, of my time. thousands of potential providers. Mr. KILDEE. Mr. Chairman, I rise to to our families and communities across School boards are now in the early oppose the amendment. the country. childhood business. United Way is now The Acting CHAIRMAN. The gen- If you recall, last year this body in the early childhood business. Local tleman from Michigan is recognized for passed historic legislation providing communities are now in the early 5 minutes. for protection of our children in light childhood business, providing tremen- Mr. KILDEE. Mr. Chairman, the Put- of the abuse of our kids throughout dous educational opportunities for our nam amendment would jeopardize the schools across the country. We passed neediest young people before they seamless services that many high-qual- legislation to provide for 24 additional enter kindergarten. ity Head Start programs with very States to do background checks on We want them to enter kindergarten deep roots in their communities pro- teachers via FBI background and other ready to learn, and we want to guar- vide to disadvantaged children. Be- means through law enforcement. Un- antee that the grantees that are man- cause the quality of our Head Start fortunately, 24 States were not allowed aging these precious Head Start dollars programs is critical to ensuring that to, for many different reasons, and that are running an adequate, professional, disadvantaged children receive the ben- legislation provided for these back- thoughtful program and being good efits of Head Start, this bill, which ground checks. Through my amend- stewards of the people’s money. By pro- passed out with only one dissenting ment that is being proposed today, viding for recompetition every 5 years, vote from committee, implements a close to a million kids that are in the we are guaranteeing, as my ranking new process to recompete underper- Head Start program will have the same member friend from California said, forming programs. The amendment by tools available to them that we passed that they understand that it is not Mr. PUTNAM guts the bill’s provision to just last year to help kids in K–12. their birthright to continue that. ensure that high-quality Head Start There is one tragic example. There is programs do not have to recompete for I urge my friends to support this amendment. one grantee in this country that be- their grants. tween 2001 and 2005 did not perform They are reviewed by a panel of ex- The Acting CHAIRMAN. The ques- background checks on their employees. perts we put in place to look at them. tion is on the amendment offered by They finally did background checks. They are reviewed and have to satisfy the gentleman from Florida (Mr. PUT- Out of 660 employees, close to 106 had that review, but they do not then have NAM). criminal charges against them, includ- to recompete. The question was taken; and the Act- The Putnam amendment also elimi- ing Chairman announced that the noes ing first degree murder, involuntary nates the bill’s provisions to ensure a appeared to have it. manslaughter, domestic abuse, assault, fair and equitable process for recom- Mr. MCKEON. Mr. Chairman, I de- child abuse, DUI, and violent crimes. peting underperforming Head Start mand a recorded vote. Mr. Chairman, my language ensures programs. And we worked hard to get a The Acting CHAIRMAN. Pursuant to that Head Start programs will have all fair and equitable process for that. clause 6 of rule XVIII, further pro- the databases containing criminal By striking those provisions, which ceedings on the amendment offered by records available to them to make sure he does in his amendment, the Depart- the gentleman from Florida will be that our parents can feel that their ment of Health and Human Services is postponed. most precious resource, their children, authorized to create its own system for AMENDMENT NO. 8 OFFERED BY MR. PORTER will be safe in the Head Start program. recompetition. The Acting CHAIRMAN. It is now in Mr. Chairman, I yield such time as he We worked hard with the Head Start order to consider amendment No. 8 may consume to Ranking Member community to try to ensure that we printed in House Report 110–116. MCKEON. would have a panel of experts that Mr. PORTER. Mr. Chairman, I offer Mr. MCKEON. Mr. Chairman, I thank would assure that the unperforming an amendment. the gentleman for yielding. programs were really improved or put The Acting CHAIRMAN. The Clerk And I have seen the work that he has out of the system but not have the high will designate the amendment. done over the years in protecting chil- performing have to go through the re- The text of the amendment is as fol- dren. I think that children are our competition process every 5 years, but lows: most vital asset. And because of the be reviewed by the panel of experts. Amendment No. 8 offered by Mr. PORTER: risk out there of the kind of Mr. Chairman, I reserve the balance Page 159, line 12, strike the close quotation lawbreakers that he mentioned that we of my time. and the period at the end. could eliminate by having a good, solid

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.112 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4365 background check, I think this is a tre- from Missouri (Mr. CARNAHAN) and a with inflation increases both in wages mendous amendment. I think it really Member opposed each will control 5 and insurance costs. strengthens the bill. minutes. Programs in St. Louis and across the I thank the gentleman for his work The Chair recognizes the gentleman country are at a serious risk of losing on behalf of children, and I urge sup- from Missouri. quality staff due to this critical situa- port of the amendment. Mr. CARNAHAN. Mr. Chairman, I tion. In fact, many of you may have Mr. PORTER. Mr. Chairman, I re- yield myself such time as I may con- agencies within your districts that serve the balance of my time. sume. have experienced worse cuts across Mr. KILDEE. Mr. Chairman, I rise to I want to really thank Chairman their service lines. They have turned to speak in support of the amendment. MILLER and Ranking Member MCKEON cutting key staff, reducing the number The Acting CHAIRMAN. Without ob- for their leadership on this bill under of weeks they operate in a year, and re- jection, the gentleman from Michigan consideration today. The Improving ducing the number of hours they oper- is recognized for 5 minutes. Head Start Act of 2007 is a very good ate in a day just in order to adjust for There was no objection. bill, and I am pleased to be able to sup- financial constraints. We must ensure Mr. KILDEE. Mr. Chairman, we sup- port it and be here today and speak on that the historic quality and strength port the amendment. this amendment. of Head Start is not placed in jeopardy. Many of these are included in the I want to inquire first, before I got Many of us know the vast evidence regulations, but you would put it in the into the text of this, if there are any demonstrating the profound difference statute now and expand them, and I others that wanted to speak on our Head Start makes both in the lives of think you have done a very good job in side, having just gotten into the Cham- children served and in our local com- your expansion of that. ber. If not, I will proceed. munities. I know that has been talked I commend you for your work on I am presenting this amendment to about at great length here in pre- this. I commend you for your concern H.R. 1429 based on recommendations I senting this bill. for children. It is very important. We received from my district Head Start I just want to close and say, I think certainly want to protect our children, leaders to address the goal of maintain- all of us would agree that Head Start and I think this is a very good amend- ing quality in the Head Start program. programs should not have the right to ment and we support it. My amendment would allow for Head request reduced enrollment levels un- Mr. Chairman, I yield back the bal- Start grantees to negotiate a funded less they have taken all appropriate ance of my time. steps to achieve efficiency first. I want Mr. PORTER. Mr. Chairman, I yield enrollment level with the HHS Sec- to clarify that my amendment gives back the balance of my time. retary if funding for the program does The Acting CHAIRMAN. The ques- not keep pace with inflation. HHS the discretion to determine tion is on the amendment offered by Over the past 3 years, Head Start and whether or not individual agencies Early Head Start have experienced an have explored all possible solutions the gentleman from Nevada (Mr. POR- estimated 8 percent real decline, ad- prior to requesting reduced funded en- TER). The amendment was agreed to. justed for inflation, in Federal funding rollment. The grantee must dem- from fiscal year 2002 through fiscal onstrate that any reduction in enroll- AMENDMENT NO. 9 OFFERED BY MR. CARNAHAN year 2007. If this trend were to con- ment is necessary to maintain the The Acting CHAIRMAN. It is now in tinue, the decline in funding would quality of services. order to consider amendment No. 9 climb to 10 percent for Head Start pro- I appreciate, again, all the efforts on printed in House Report 110–116. this bill that have brought this forth in Mr. CARNAHAN. Mr. Chairman, I grams. If President Bush’s budget were a bipartisan way, and appreciate the offer an amendment. to become law, the Head Start pro- The Acting CHAIRMAN. The Clerk grams would suffer an 11 percent cut. amendment being considered. will designate the amendment. This decline in funding has required Mr. GEORGE MILLER of California. The text of the amendment is as fol- already efficient Head Start agencies Will the gentleman yield? lows: across the country to tighten their Mr. CARNAHAN. I yield to the gen- tleman from California. Amendment No. 9 offered by Mr. belts even more. Sadly, local agencies Mr. GEORGE MILLER of California. CARNAHAN: are now forced to pass these cuts on to Page 35, after line 10, insert the following quality staff. I thank the gentleman. Mr. Chairman, I rise in support of the (and make such technical and conforming b 1645 changes as may be appropriate): amendment. This is what agencies have (d) ENROLLMENT.—Section 640(g) of the By default, agencies are unable to to do when the funding isn’t sufficient Head Start Act (42 U.S.C. 9835(g)) is amended compete for the best and brightest of and they are trying to hold on to the by adding at the end the following: early childhood educators, thus risking number of children, the hours of avail- ‘‘(5) In the event that the amounts appro- the quality of Head Start programs. priated to carry out the program under this ability of the program and the quality subchapter do not exceed the amount appro- Our local agencies are forced to make of the teachers that are there. In the priated in the prior fiscal year, or exceed the the worst in managerial choices. As past when we had the cut, I believe the amount appropriated in the prior fiscal year Chairman MILLER and others have agency, HHS, allowed some local pro- by an amount equal to less than the percent- pointed out, we must maintain and en- grams to do this. I would hope that this age change in the Consumer Price Index For hance both funding and quality. will not be a necessity. We are adding All Urban Consumers, as published by the In my congressional district, I am an additional $400 million to this pro- Bureau of Labor Statistics, Head Start proud to say that the four primary or- gram. I hope that the Appropriations grantees may negotiate with the Secretary a ganizations responsible for admin- reduced funded enrollment level without a Committee will be able to follow reduction in the grant amount if such grant- istering Head Start services have suc- through. ee can demonstrate that such reduction is cessfully revitalized the program in the The amendment is a good amend- necessary to maintain the quality of serv- city of St. Louis. From 2001 to 2003, the ment. I hope we don’t have to use it, ices. enrolled number of children grew from but it’s a good amendment. ‘‘(A) In accordance with this paragraph, about 1,000 to a full enrollment of 3,000 Mr. MCKEON. Mr. Chairman, I rise in the Secretary shall set up a process for children. opposition to the amendment. grantees to negotiate the above-mentioned Unfortunately, the compensation of The Acting CHAIRMAN. The gen- reduced funded enrollment level. St. Louis area Head Start staff has tleman from California is recognized ‘‘(B) Under the conditions detailed in this paragraph, the Secretary shall be re- lagged behind the salaries of those in for 5 minutes. quired to notify grantees of their right to ne- comparable positions. After consulting Mr. MCKEON. Mr. Chairman, this gotiate a reduced funded enrollment level if with some of the brightest business amendment allows grantees to nego- such grantee can demonstrate that such re- leaders in our area, our local agencies tiate a reduced enrollment level with duction is necessary to maintain the quality have taken extraordinary steps to con- the Secretary of HHS if the amounts of services.’’. serve costs and maximize efficiencies. appropriated for Head Start do not ex- The Acting CHAIRMAN. Pursuant to Even with these steps, agencies are un- ceed the prior year’s appropriation or House Resolution 348, the gentleman able to keep staff compensation in line include an increase commensurate with

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.116 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4366 CONGRESSIONAL RECORD — HOUSE May 2, 2007 the cost-of-living allowance. In effect, amendment builds upon the strong makes the bill stronger. Examining the this amendment allows grantees to cut foundation of this year’s reauthoriza- number of children who are limited in services for children and kick children tion. The reauthorization requires the English proficiency and monitoring the out of the Head Start program if Con- Secretary of Health and Human Serv- progress of these children is important gress does not appropriate ever-higher ices to conduct a study of Head Start to their mastery of the English lan- funding amounts for Head Start. students with limited English pro- guage and will help determine future I think all of us want to service as ficiency. successes for these students in meeting many children as we can, and we want Studies have proven that the easiest the same challenging State academic to have as high an appropriation level time to learn a new language is when a content and student academic achieve- as we can, but if we fail to appropriate child is young. With this in mind, early ment standards that all children are higher numbers, I don’t think we childhood is an important time for stu- expected to meet. should take it out on the children. I dents with limited English proficiency I support the amendment, and I en- ask my colleagues, is Head Start an to improve their grasp of the English courage our colleagues to support the early education program or a jobs pro- language. Students who are fluent in amendment. gram? multiple languages are better posi- Mr. Chairman, I reserve the balance We believe the purpose of Head Start tioned to perform well in school. of my time. is to help our Nation’s most vulnerable The legislation requires studies of Mr. CUELLAR. Mr. Chairman, again, youngsters lay the foundation for a the progress limited English pro- I want to thank Chairman MILLER, very successful academic future. This ficiency students make towards pro- Ranking Member MCKEON, Chairman misguided amendment has the poten- ficiency. The amendment that I offer KILDEE and Ranking Member CASTLE tial for denying these children Head simply asks that the assessment used for their support. And again, I ask for Start services, and I therefore urge my to determine progress in the English their support on this amendment and colleagues to oppose the amendment. language skill development be de- on the reauthorization of the Head Mr. Chairman, I yield back the bal- scribed. Start Act of 2007. ance of my time. The explanation of what is used is Mr. Chairman, I yield back the bal- The Acting CHAIRMAN. The ques- important for a couple of reasons. ance of my time. tion is on the amendment offered by First, Head Start service providers will Mr. MCKEON. Mr. Chairman, I yield the gentleman from Missouri (Mr. become more uniform in their instruc- back the balance of my time. The Acting CHAIRMAN. The ques- CARNAHAN). tion. If a description of assessment is tion is on the amendment offered by The question was taken; and the Act- not required, however, there may be a the gentleman from Texas (Mr. ing Chairman announced that the ayes higher likelihood that it will become arbitrary. CUELLAR). appeared to have it. The amendment was agreed to. Mr. MCKEON. Mr. Chairman, I de- Second, educators learn from the AMENDMENT NO. 11 OFFERED BY MR. SHULER mand a recorded vote. practices of their colleagues. By having The Acting CHAIRMAN. It is now in The Acting CHAIRMAN. Pursuant to all Head Start providers describe the order to consider amendment No. 11 clause 6 of rule XVIII, further pro- assessments they use, meaningful in- formation will be gathered to help edu- printed in House Report 110–116. ceedings on the amendment offered by Mr. SHULER. Mr. Chairman, I offer cators get ideas and make better in- the gentleman from Missouri will be an amendment. postponed. formed decisions about their own prac- The Acting CHAIRMAN. The Clerk AMENDMENT NO. 10 OFFERED BY MR. CUELLAR tices. Enhancing consistency and shar- will designate the amendment. The Acting CHAIRMAN. It is now in ing methods are meaningful ways we The text of the amendment is as fol- order to consider amendment No. 10 can help students with limited English lows: printed in House Report 110–116. proficiency make the progress that Amendment No. 11 offered by Mr. SHULER: Mr. CUELLAR. Mr. Chairman, I offer they need to make. Page 2, line 4, insert ‘‘(a) SHORT TITLE.l’’. an amendment. My amendment is supported by the Page 2, after line 5, insert the following: National Council of La Raza, the Na- (b) SENSE OF THE CONGRESS.—The Con- The Acting CHAIRMAN. The Clerk gress— will designate the amendment. tional Education Association, the Texas Migrant Council and the Texas (1) finds that— The text of the amendment is as fol- (A) while the steady economic growth and lows: Head Start Association. I urge my col- low inflation in the United States has yield- leagues to support my amendment. Amendment No. 10 offered by Mr. CUELLAR: ed unprecedented prosperity, many children Page 163, after line 3, insert the following Mr. Chairman, I yield 1 minute to and families in this country have not bene- (and make such technical and conforming Chairman MILLER, the gentleman from fited from this prosperity and continue to be changes as may be appropriate): California. socioeconomically disadvantaged, ‘‘(ii) a description of the type of assess- Mr. GEORGE MILLER of California. (B) many community- and faith-based or- ment or assessments used to determine the I thank the gentleman, and I rise in ganizations have expertise in moving indi- rate of progress made by limited English pro- support of his amendment. I think his viduals and families from dependency to self- ficient children;’’. sufficiency by providing families with the explanation is correct, that this will tools and skills they need to participate in The Acting CHAIRMAN. Pursuant to provide not only perhaps more uni- the community and contribute to our econ- House Resolution 348, the gentleman formity in terms of the assessments, omy, from Texas (Mr. CUELLAR) and a Mem- but also communications between pro- (C) the Head Start Act was established to ber opposed each will control 5 min- grams as to which assessments are help prepare low-income young children to utes. really working and which assessments succeed in school and in life by addressing The Chair recognizes the gentleman are appropriate for this purpose. I the needs of the whole child and providing from Texas. think it is a good amendment, and I comprehensive services such as health and nutrition, Mr. CUELLAR. Mr. Chairman, I yield would hope that we would accept it. I myself such time as I may consume. (D) research confirms that children who at- thank the gentleman for offering it. tend Head Start programs enter school bet- Mr. Chairman, I rise today to encour- Mr. CUELLAR. Mr. Chairman, I re- ter prepared than low-income children who age my colleagues to support my serve the balance of my time. do not attend the program, are less likely to amendment to the Improving Head Mr. MCKEON. Mr. Chairman, I rise to need special education services, to repeat a Start Act of 2007. claim the time in opposition, even grade, or commit crimes in adolescence, and First of all, I would like to thank though I support the gentleman’s are more likely to graduate from high Chairman MILLER, Ranking Member amendment. school, MCKEON, Chairman KILDEE and Rank- The Acting CHAIRMAN. Without ob- (E) community- and faith-based organiza- tions have participated in Head Start pro- ing Member CASTLE for bringing this jection, the gentleman from California grams since the enactment of the Head Start legislation to the floor. is recognized for 5 minutes. Act in 1965 and continue to serve more than Ensuring that Head Start continues There was no objection. 90,000 children and their families, to serve our communities is important Mr. MCKEON. Mr. Chairman, I rise in (F) parents have an integral role in the de- to all of us. This straightforward support of the amendment. I think it velopment and implementation of Head

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.121 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4367 Start programs, community- and faith-based political cover. It has nothing to do b 1700 providers of Head Start services employ par- with protecting the civil rights of Mr. SHULER. Mr. Chairman, I yield 2 ents and encourage parents to volunteer in faith-based providers. If that is what the programs because parents are children’s minutes to the gentleman from Indiana we are out to do today, we would be (Mr. DONNELLY). most important and influential teachers, ˜ (G) community- and faith-based providers considering Mr. FORTUNO’s amendment Mr. DONNELLY. Mr. Chairman, we of Head Start services not only serve the right now. Instead, the majority has don’t need any political cover. We are needs of low-income children and their fami- brought up a hollow, politically moti- proud to stand for this amendment. lies but enrich, strengthen and reflect the di- vated attempt to have it both ways. On The only political games are those versity of the communities wherein they re- one hand, this amendment cheers the being played by others. side, and work of faith-based providers and rec- I rise in support of this amendment, (H) the Head Start Act is a critical compo- ognizes their contributions to our Na- recognizing the important role that nent of America’s civil rights platform, and tion; but on the other hand, it leaves faith and community-based organiza- community and faith-based organizations tions play in Head Start’s continued have been leaders in the civil rights move- them completely unprotected when it ment in the United States, comes to their right to preserve their success. Head Start has been instru- (2) supports the continued role of commu- identity while serving children in Head mental in advancing the development nity and faith-based organizations in Head Start. Frankly, this is insulting to of comprehensive skills in disadvan- Start programs as providers of comprehen- faith-based organizations as it is trans- taged children during the crucial years sive services to children, families, and com- parent. Let me elaborate. before they enter elementary school. munities, and With respect to hiring authority, sec- Since 1965, Head Start has been a re- (3) extends its gratitude to community- sounding success; in no small part be- and faith-based organizations that provide tion 702(a) of title VII of the Civil Rights Act of 1964, as amended in 1972, cause of faith-based organizations, or- Head Start services, and to the employees ganizations I support fully. and volunteers for their commitment to the states, ‘‘This subchapter shall not Since the beginning, community and education, health, and economic well-being apply to a religious corporation, asso- faith-based organizations have been a of low-income children and families. ciation, educational institution or soci- part of this program and currently Page 52, after line 19, insert the following: ety with respect to the employment of serve more than 90,000 children and ‘‘(3) CONTINUED ELIGIBILITY.—Faith-based individuals of a particular religion to and community-based organizations con- their families. Faith-based organiza- tinue to be eligible, on the same basis as perform work connected with the car- tions play a critical role because they other organizations, to participate in any rying on by such corporation, associa- are intimately familiar with the com- program under this subchapter for which tion, educational institution or society munity in which they serve and are they are otherwise eligible.’’. of its activities.’’ driven by a moral commitment to our Page 120, at the end of line 15, add the fol- Mr. Chairman, does this amendment youth. lowing: reaffirm the language from this stat- Faith-based and community-based organiza- This amendment reaffirms Congress’ tions continue to be eligible, on the same ute? No, it does not. strong support for their current and fu- basis as other organizations, to participate Consistent with this language from ture involvement in Head Start, mak- in any program under this section for which the Civil Rights Act, former President ing clear that regardless of rumors to they are otherwise eligible. Clinton signed four laws that explicitly the contrary, they will remain eligible The Acting CHAIRMAN. Pursuant to allow religious organizations to retain on the same basis as other organiza- House Resolution 348, the gentleman their right to staff on a religious basis tions to participate in Head Start. from North Carolina (Mr. SHULER) and when they receive Federal funds. The Mr. Chairman, I urge all my col- a Member opposed each will control 5 1996 welfare reform law, the Children’s leagues to support this amendment and minutes. Health Act of 2000, the Community the passage of H.R. 1429. I am proud to The Chair recognizes the gentleman Services Block Grant Act of 1998, and support it and the faith-based organiza- from North Carolina. the Community Renewal Tax Relief tions that will serve it. Mr. SHULER. Mr. Chairman, I yield Act of 2000 each contain language that Mr. SHULER. Mr. Chairman, I yield 2 myself such time as I may consume. reflects the language offered to the minutes to the gentleman from Cali- fornia (Mr. GEORGE MILLER). Mr. Chairman, I am proud to be a Rules Committee yesterday by Mr. Mr. GEORGE MILLER of California. product of Head Start. As a young boy, FORTUN˜ O. Mr. Chairman, I thank the gentleman I attended a Head Start program, and Mr. Chairman, does this amendment for yielding and for offering this that helped make me the man that I reaffirm the language signed into law amendment. am today. on four separate occasions by former It is interesting that the other side It’s time for Congress to recognize President Clinton? No, it does not. The would now oppose this amendment, but that faith communities contribute to FORTUN˜ O amendment would codify a all day long they have been citing us Head Start. That’s why I am proud to 2002 executive order protecting the the executive order with the exact introduce this amendment today, along right of a participating faith-based or- same language in it as the basis for the with Congressman ELLSWORTH, Con- ganization to display a cross or other right of faith-based organizations to gressman DONNELLY, Congressman religious symbols on its grounds. Mr. participate in this program, a right CARNEY and Congressman LOEBSACK. Chairman, does this amendment do the that they have exercised now for more This amendment thanks the commu- same? No, it does not. than 40 years. What your amendment nity and faith-based organizations for This amendment may have been writ- does is to take it from the regulations the good work that they have done run- ten in such a way that may run and put it into the statute to guar- ning the Head Start programs. It also counter to that executive order, poten- antee them that right in the law, not confirms its right to continue running tially endangering rights faith-based just in the executive order and in the these programs. providers already enjoy. regulations. I urge my colleagues to support this In my own district, the First Baptist amendment. In short, Mr. Chairman, in an at- organization runs the Head Start pro- Mr. Chairman, I reserve the balance tempt to play politics, this amendment gram. They do a marvelous job. The of my time. is, at best, an attempt to provide polit- reason they are kicking up the smoke- ical cover for Members who do not Mr. MCKEON. Mr. Chairman, I rise in screen around Mr. SHULER’s amend- opposition to the amendment. want to take a real vote on the issue; ment is that they want to protect The Acting CHAIRMAN. The gen- and at worst, a poorly drafted measure themselves, because they are going to tleman from California is recognized that may end up turning back the come here with an amendment that is for 5 minutes. clock on the rights of faith-based pro- going to try to give people the right to Mr. MCKEON. Mr. Chairman, I yield viders to display religious symbols. Be- discriminate against people based upon myself such time as I may consume. cause of that, I urge my colleagues to their religion, the right to discriminate Mr. Chairman, let’s be very clear at oppose it. with Federal dollars on religion. the outset about why this amendment Mr. Chairman, I reserve the balance What Mr. SHULER’s amendment does is being considered today: It’s all about of my time. is to make sure that we do not weaken

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.060 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4368 CONGRESSIONAL RECORD — HOUSE May 2, 2007 the ability of faith-based organizations THE CENTER FOR PUBLIC JUSTICE. Workforce Investment Act should be brought to participate, as they have over their April 30, 2007, into line with the large majority of federal proud history. That is why the broad- Hon. NANCY PELOSI, programs that do not restrict religious staff- est array of religious organizations will Speaker, House of Representatives, ing by faith-based organizations that desire Washington, DC. to collaborate with the government to pro- oppose what is going to be offered in Hon. JOHN BOEHNER, vide assistance. the motion to recommit, but strongly House Minority Leader, Thank you. support, strongly support, the Shuler Washington, DC. Sincerely, amendment to add this language to the DEAR SPEAKER PELOSI AND MINORITY LEAD- STANLEY W. CARLSON-THIES, statute to provide this protection and ER BOEHNER: The Coalition to Preserve Reli- The Center for Public Justice. to provide this recognition of the his- gious Freedom, a multi-faith a1liance of edu- On behalf of the Coalition to Preserve Reli- torical service and the ongoing service cation, social-service, and religious freedom gious Freedom and the undersigned organiza- organizations, asks for your support to make tions: that these faith communities have pro- federal social programs fully open to the par- Organizations are listed for identification vided to the children that are eligible ticipation of qualified faith-based organiza- purposes only. for Head Start to provide that quality tions. We are concerned that some federal Dr. Robert C. Andringa, President Emer- education year after year after year legislation does not adequately invite faith- itus, Council for Christian Colleges and Uni- after year. based participation, while ensuring the reli- versities. That is what this amendment does. gious liberty of beneficiaries. We are also Anne R. Apodaca, Executive Director, New concerned that other federal legislation, We should welcome it. We should adopt Mexico Community FaithLinks. such as the Workforce Investment Act and Dr. Art Ayris, President, The Florida it overwhelmingly in this House and the Head Start Act, has language excluding Bridge. get on with the debate. faith-based organizations that desire to re- Greg Baylor, Director, Center for Law and Mr. Chairman, I thank the gentleman tain their freedom when hiring to take ac- Religious Freedom, Christian Legal Society. and his cosponsors for offering this count of the religious convictions of poten- Richard Cizik, Vice President for Govern- amendment. tial employees. mental Affairs, National Association of We ask in particular for your support to Mr. SHULER. Mr. Chairman, I yield Evangelicals. make the Head Start program hospitable to Rabbi Abba Cohen, Director and Counsel, the balance of my time to the gen- faith-based organizations when H.R. 1429, the Washington Office, Agudath Israel of Amer- tleman from Indiana (Mr. ELLSWORTH). Improving Head Start Act, comes up for ica. The Acting CHAIRMAN. The gen- floor action. Paul Corts, President, Council for Chris- tleman from Indiana is recognized for In the Education and Labor Committee’s tian Colleges and Universities. 45 seconds. recent markup of the bill, Resident Commis- Lisa Cummins, Center for New Commu- sioner Fortuno’s amendment to clarify the Mr. ELLSWORTH. Mr. Chairman, I nities. eligibility of faith-based organizations to Rimmer DeVries, Camano Island, Wash- am proud to be a sponsor of this participate in Head Start unfortunately was ington. amendment, and I urge my colleagues defeated. The amendment would have added Nathan Diament, Union of Orthodox Jew- to support it. language making it explicit that faith-based ish Congregations of America. This amendment honors faith-based organizations are eligible to take part on the Barrett Duke, Ph.D., Vice President for and community-based organizations same basis as secular organizations, without Public Policy and Research, Southern Bap- that provide essential health services being required to minimize their religious tist Ethics & Religious Liberty Commission. and education to thousands of low-in- character. Such language reflects the U.S. Mark L. Earley, President, Prison Fellow- Supreme Court’s turn in First Amendment ship Ministries. come children each and every day. This interpretation to the equal treatment or Rev. Bill Emery, Director, Virginia Round- program is a perfect example of gov- neutrality standard. table. ernment and faith-based organizations As part of the confirmation of the equal Dr. Bernard Fryshman, President, Associa- partnering to provide every child an eligibility of faith-based providers, the tion of Advanced Rabbinical and Talmudic equal playing field in school and in life, amendment provided that religious organiza- Schools, New York, New York. and we must ensure these churches and tions participating in Head Start would no Mr. Israel Gaither, National Commander, schools receive the support they need. longer be required to waive their freedom The Salvation Army, United States. under the 1964 Civil Rights Act to take ac- Walter Gilbert, CEO, Open Door Adoption This amendment demonstrates our count of religion when making employment Agency, Inc., Thomasville, GA. support to the thousands of families decisions. We understand that some members Dennis Griffith, Executive Director, Teen across Indiana who depend on Head regard such an affirmation of the Civil Challenge of Southern California. Start programs run by faith-based and Rights Act’s standard as introducing per- Rev. John Hughes, Metro United Methodist community organizations. These pro- nicious religious job discrimination into the Urban Ministries, San Diego, CA. grams are dedicated to ensuring equal federal early childhood education program. Andrea Lafferty, Executive Director, Tra- opportunities for Hoosier children, and Yet the Civil Rights Act expressly provides ditional Values Coalition. that it is not to be regarded as discrimina- Donna Long, President, The National I am proud to support them today on tion when a religious organization considers Bridge Alliance. the House floor. religion when evaluating potential employ- John Long, President, The Georgia Bridge. I urge my colleagues to support this ees. Rev. Paul Lundberg, Atwater Baptist amendment and to pass this important We believe that the Civil Rights Act got it Church, Atwater, CA. bill. right on this, just as we believe that polit- Dr. Larry Martin, President, Kentucky ical and environmental organizations must Compassion Bridge. Mr. MCKEON. Mr. Chairman, I would be free to assess job candidates on the basis Freddie John Martin, Teltech Development like to read an excerpt from the Fam- of ideological conviction. We see no reason Consulting Corporation, Silver Spring, ily Research Council. ‘‘This bill should why religion (or political views or environ- Maryland. help ensure that faith-based organiza- mental convictions) would suddenly become Tom McClusky, Vice-President for Govern- tions with proven records of serving irrelevant to an organization’s internal life ment Affairs, Family Research Council. the neediest among us will be allowed and commitments when it agrees to serve its Ellen McKinley, Child Development Edu- the freedom to hire the best staff they community in a partnership with govern- cation Alliance, Orange Park, FL. see fit, free of burdensome regulation.’’ ment. Nor is it unconstitutional for a reli- Stephen Monsma, The Henry Institute for the Study of Christianity and Politics, Cal- Unfortunately, it does not. If we had gious organization that receives government funds to continue to staff on a religious vin College, Grand Rapids, MI. been able to discuss the Fortun˜ o basis. The federal judge in the major 2005 re- Rev. James Ortiz, Senior Pastor, Presi- amendment today, we would have been ligious staffing case, Lown v. Salvation dent, My Friend’s House, Assembly of God, able to vote on ensuring what they are Army, resoundingly affirmed the contrary. Inc., Metro Impact Ministries. Inc., Whittier asking for here. Later on in the discus- We respectfully request that you disavow Area Evangelical Ministerial Alliance, Whit- sion, I will add these letters, along the characterization made by some members tier, California. with several others I have in support of of Congress that religious staffing by faith- Rev. Carl Rehling, Diocesan Liaison for the Fortun˜ o amendment and in opposi- based organizations is invidious ‘‘Job dis- Justice and Peace, Episcopal Diocese of crimination.’’ ‘‘We request that you support Maryland. tion to this amendment. the continuing effort in Congress to remove Shari Rendall, Director of Legislation and Mr. Chairman, with that, I urge my from federal programs language contra- Policy, Concerned Women for America. colleagues to defeat this amendment. dicting the Civil Rights Act’s affirmation of Amy L. Sherman, Director, Sagamore In- Mr. MCKEON. Mr. Chairman, I submit the the religious staffing freedom. We believe stitute Center on Faith in Communities, following letters for the RECORD: that programs such as Head Start and the Charlottesville, VA.

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 7634 Sfmt 9920 E:\CR\FM\K02MY7.126 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4369 Dr. Ronald J. Sider, Evangelicals for So- again when the Head Start bill comes to the Loebsack (IA) for their amendment to H.R. cial Action, Wynnewood, PA. House floor. The working-poor families who 1429 regarding Head Start and the religious Dr. James W. Skillen, Center for Public depend on Head Start services are counting rights of faith-based groups. However, we Justice. on Congress to protect the Constitutional cannot. Taylor Smith, Jr., Vice President of Exec- rights of both the secular and religious orga- The Shuler amendment does not actually utive Support, Association of Christian nizations that provide an ‘‘educational jump- do anything. It merely lauds the history of Schools International. start’’ for their children. Head Start and its relationship with faith- Dr. Robert Vickers, President, Artful Ask- We commend HE&L Committee Member based groups. Should the amendment be ac- ers, The Missouri Bridge. Luis Fortun˜ o of Puerto Rico for his forth- cepted by the Rules Committee, it will only David Winter, Chancellor, Westmont Col- right stand that defends religious entities function as a ‘‘fig leaf’’ to those who do not lege, Santa Barbara, CA. and their Constitutional right to be faithful want to vote for the legitimate Religious Karen M. Woods, Executive Director, Em- to their religious beliefs, including the peo- Freedom amendment, like the Fortun˜ o powerment Resource Network. ple they choose to hire. We are contacting amendment. Any worthwhile amendment Terrence Woodnorth, Endicott, NY. many Members of both parties, asking them must protect religious freedom for faith- Robert L. Woodson, Sr., Center for Neigh- to protect and defend religious hiring rights based groups’ right to hire co-religionists; borhood Enterprise. of faith-based entities. And finally, ACSI and and protect their rights to show that they Dr. Carl Zylstra, President, Dordt College, the two dozen groups or individuals who are religious by what they have on their Sioux Center, Iowa. have signed this letter will do all that we walls—such a Scripture. The Fortun˜ o word- can to protect potential Head Start pro- ing actually reinforces the rights religious ASSOCIATION OF CHRISTIAN SCHOOLS grams that could be led by multi-faith-based groups obtained in Section VII of the Civil INTERNATIONAL, OFFICE OF GOV- groups in needy areas, but cannot because of Rights Act of 1964. Such staffing freedom was ERNMENT AFFAIRS, the chilling effect of the draconian structure held to be constitutional by the United Silver Springs, MD, April 23, 2007. of current law. This is not a right to be given States Supreme Court (9–0) in Presiding Hon. NANCY PELOSI, to Christian schools only, but to people of Bishop v. Amos in 1987. We recently sent the Speaker, U.S. House of Representatives, Wash- other faiths who represent a diverse, multi- House Leadership a letter (see attached) that ington, DC. faith society. Note additional cosigners list- explained ACSI’s position on H.R. 1429 and Hon. JOHN BOEHNER, ed on page 2. its need for the Fortun˜ o amendment. This House Minority Leader, Respectfully yours, letter was cosigned by two dozen individuals Washington, DC. REVEREND JOHN C. HOLMES, Ed.D. and groups, including the Salvation Army, DEAR SPEAKER PELOSI AND MINORITY LEAD- Organizations may be listed for purposes of USA, which recently won a religious staffing ER BOEHNER: decision in Lown v. Salvation Army in 2005. The Association of Christian Schools Inter- identification only. Carl H. Esbeck, Legal Counsel to the Office We urge the Rules Committee to allow the national (ACSI), which has member schools of Governmental Affairs, National Associa- Fortun˜ o amendment to be voted upon on the and preschools in every state, applauds the tion of Evangelicals. House floor in an up-or-down vote. This strong bipartisan vote by the U.S. House Stephen Lazarus, M. Phil., Senior Policy stand-alone amendment gives Congress the Education and Labor Committee that re- Associate, Center for Public Justice. opportunity to vote for or against religious cently advanced the Improving Head Start Tim McGhee, President, Mountaintop freedom. Faith-based organizations that Act (H.R. 1429). We know that this measure Group. exist to impact the lives of at-risk children— aims to strengthen the Head Start early William Murray, Chairman, Religious especially in the inner cities—need a truly childhood education program’s teacher and Freedom Coalition. religious freedom amendment to bring hope classroom quality, boost coordination be- Rev. Paul Weyrich, Chairman and CEO, to otherwise hopeless families. tween Head Start and state and local early Free Congress Foundation. Regrettably, the Shuler amendment would childhood programs, and increase Head Jim Backlin, Vice President for Legisla- only be a way of continuing to deny truly Start’s financial accountability. H.R. 1429 tive Affairs, Christian Coalition of America. faith-based groups from participating in was introduced by a bipartisan group of Star Parker, Founder and President, Coali- Head Start with a clear conscience. Members, led by the Subcommittee on Early tion on Urban Renewal & Education. Respectfully yours, Childhood, Elementary, and Secondary Edu- Robert Heckman, Central City Partners. REV. JOHN C. HOLMES, EDD, cation’s Chairman and Ranking Republican Maurine Proctor, President, Family Lead- ACSI Director, Government Affairs. Member, Rep. Dale Kildee and Rep. Mike er Network. Mr. MCKEON. Mr. Chairman, I yield Castle. The undersigned commend these ef- Gary Bauer. President, American Values. back the balance of my time. forts. Tom McClusky, Vice President of Govern- We do have a major concern which we hope The Acting CHAIRMAN. The ques- ment Affairs, Family Research Council. tion is on the amendment offered by will be corrected before H.R. 1429 is voted Donald E. Wildmon, Founder and Chair- upon and sent over to the U. S. Senate. Dur- man, American Family Association. the gentleman from North Carolina ing consideration of the Improving Head Ron Shuping, Executive Vice President, (Mr. SHULER). Start Act, the panel’s majority chose to turn The Inspiration Networks. The question was taken; and the Act- back an amendment offered by Committee Pam Pryor, Vice President of Government ing Chairman announced that the ayes Member Luis Fortun˜ o (PR) to protect the Affairs, We Care America. appeared to have it. civil liberties of faith-based providers by Kevin ‘‘Seamus’’ Hasson, President, The Mr. MCKEON. Mr. Chairman, I de- clarifying that these institutions are not re- Becket Fund for Religious Liberty. mand a recorded vote. quired to relinquish their Title VII Civil Joseph Cella, President, Fidelis. The Acting CHAIRMAN. Pursuant to Rights Act-hiring protections when they par- Dr. Carl Herbster, President, AdvanceUSA. clause 6 of rule XVIII, further pro- ticipate in the federal Head Start program. Stephen V. Monsma, Ph.D., Research Fel- The existing and historic civil rights law ex- low, The Henry Institute for the Study of ceedings on the amendment offered by plicitly protects the rights of religious orga- Christianity and Politics, Calvin College. the gentleman from North Carolina nizations to take religion into account in Robin Stephenson, M.A., Director, Early will be postponed. their hiring practices, and former President Education Services, Association of Christian AMENDMENT NO. 12 OFFERED BY MR. SPACE Bill Clinton signed four laws explicitly al- Schools International. The Acting CHAIRMAN. It is now in lowing faith-based groups to staff on a reli- Ron Sider, President, Evangelicals for So- order to consider amendment No. 12 gious basis when they receive federal funds. cial Action. printed in House Report 110–116. ˜ The Fortuno amendment also ensures that Rev. Richard Cizik, M. Div., M.A., Vice Mr. SPACE. Mr. Chairman, I offer an religious organizations would not be forced President of Governmental Affairs, National to remove art, icons, scripture, or other sym- Association of Evangelicals. amendment. bols in order to receive federal Head Start James Standish, J.D., M.B.A., Director of The Acting CHAIRMAN. The Clerk funds—which paralleled President Clinton’s Legislative Affairs, Seventh-day Adventist will designate the amendment. efforts [See 42 USC section 604a(d)(2)]. Church. The text of the amendment is as fol- Faith-based groups should not be forced to Gregory S. Baylor, J.D., Director, Center lows: give up their religious uniqueness because for Law & Religious Freedom, Christian Amendment No. 12 offered by Mr. SPACE: they want to assist the poor and hurting of Legal Society. Page 136, strike lines 21 through 25, and in- their community. The faith and values that The Salvation Army, USA Commander sert the following (and make such technical motivate these Americans to serve others Israel Gaither, National Commander. and conforming changes as may be appro- should not be held against them. ACSI, with priate): its many early education members, would Hon. NANCY PELOSI, ‘‘(16) provide assistance to address the like to cooperate with Head Start at the Speaker of the House of Representatives. unique needs of programs located in rural local level, but cannot because of this inap- DEAR MADAM SPEAKER PELOSI: The Asso- communities, including— propriate Federal religious discrimination. ciation of Christian Schools International ‘‘(A) removing barriers related to the re- We are hopeful that the House will have an (ACSI) wishes it were able to commend Rep- cruitment and retention of Head Start teach- opportunity to consider this important issue resentatives Shuler (NC), Ellsworth (IN) and ers in rural communities;

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.090 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4370 CONGRESSIONAL RECORD — HOUSE May 2, 2007 ‘‘(B) developing innovative and effective away from these programs. This is sim- It is my hope that with this commit- models of professional development for im- ply a missed opportunity to build our ment from the Secretary and with the proving staff qualifications and skills for communities. addition of services geared towards the staff living in rural communities; I believe that H.R. 1429 offers signifi- needs of rural families, more eligible ‘‘(C) removing barriers related to outreach efforts to eligible families in rural commu- cant improvements to rural Head Start children will enroll in and experience nities; programs, and I applaud the work of the benefits of the Head Start program. ‘‘(D) removing barriers to parent involve- my colleagues on the Committee on Rural communities consist of the low- ment in Head Start programs in rural com- Education and Labor for making as- income populations that Head Start munities; sistance to these areas a priority. was created to serve. Therefore, it is ‘‘(E) removing barriers to providing home In particular, I wish to thank my col- critical that we address the challenges visiting services in rural communities; and league from Illinois (Mr. HARE) for his these communities face in admin- ‘‘(F) removing barriers to obtaining health amendment in committee that draws istering Head Start to ensure that screenings for Head Start participants in rural communities.’’. attention to the challenges of teacher those families have the access to the Page 148, after line 25, insert the following retention and the recruitment of new opportunities they need and they so (and make such technical and conforming participants in our Nation’s rural much deserve. changes as may be appropriate): areas. Again, I thank my colleagues for ‘‘(5) ensure that in entering into such con- Mr. Chairman, I reserve the balance helping me on this issue, and I urge all tracts as described in paragraph (1), such en- of my time. Members to vote ‘‘yes’’ to improve the tities will address the needs of grantees in Mr. MCKEON. Mr. Chairman, I rise to rural Head Start program by passing both urban and rural communities.’’. claim the time in opposition, though I the Space-Hare-Welch-Altmire amend- The Acting CHAIRMAN. Pursuant to am not opposed to the gentleman’s ment. House Resolution 348, the gentleman amendment. Mr. SPACE. Mr. Chairman, I yield 1 from Ohio (Mr. SPACE) and a Member The Acting CHAIRMAN. Without ob- minute to the gentleman from Penn- opposed each will control 5 minutes. jection, the gentleman from California sylvania (Mr. ALTMIRE). The Chair recognizes the gentleman is recognized for 5 minutes. Mr. ALTMIRE. Mr. Chairman, I from Ohio. There was no objection. thank the gentleman from Ohio for his Mr. SPACE. Mr. Chairman, I yield Mr. MCKEON. Mr. Chairman, I think leadership on this issue, and I rise in myself such time as I may consume. that this amendment makes it a strong support of this amendment. I Mr. Chairman, I rise today in support stronger bill. Rural grantees are more am happy to lend my name to it, be- of the Space-Hare-Welch-Altmire likely to rely on home visits due to cause this amendment simply says that amendment to H.R. 1429. problems associated with staffing and rural communities which have distinct Mr. Chairman, I believe that Head transportation. Head Start in-home Start is critical for our Nation’s work- needs in Head Start programs will now programs are required to make a min- have a level playing field with the ing families. We are a Nation founded imum of 32 visits per year, or one per on equality and opportunity for all. All changes that have been made under week. In addition, there must be a min- H.R. 1429, which I strongly support. of our Nation’s children deserve the op- imum of 16 group socialization activi- This bill builds on Head Start’s prov- portunity to participate in early child- ties per year. en success in a way that is going to hood development programs regardless For this reason, I rise in support of benefit parents and teachers who are as to the financial standing of their this amendment to provide additional involved in the program. We want to families. training and support to rural Head ensure through this amendment that Head Start programs in rural areas Start programs facing these challenges those successes carry forward into face many unique challenges in deliv- to ensure that all children can access rural communities, specifically as it ering services. The January 2007 report the skills necessary to succeed in relates to professional development, from the National Advisory Committee school. on Rural Health and Human Services I urge my colleagues to support the parental involvement, home visits and confirms the unfortunate reality that amendment. health screenings. rural Head Start programs are, in Mr. Chairman, I yield back the bal- So I am pleased to lend my name to many ways, disadvantaged. ance of my time. this. It is a great amendment, and I Simply put, in rural and geographi- Mr. SPACE. Mr. Chairman, I yield 2 thank the gentleman from Ohio for his cally isolated areas the distance be- minutes to the gentleman from Illinois leadership. tween Head Start providers and par- (Mr. HARE). Mr. SPACE. Mr. Chairman, I yield ticipants is a significant mountain to Mr. HARE. I thank the gentleman for the balance of my time to the gen- climb. Especially as gas prices con- yielding. tleman from California, Chairman MIL- tinue to stretch both program and Mr. Chairman, I am honored to join LER. household budgets, the cost of trans- Congressmen SPACE, WELCH and Mr. GEORGE MILLER of California. portation can be prohibitive. These dis- ALTMIRE in introducing this amend- Mr. Chairman, I thank the gentleman tances can also impede Head Start pro- ment to improve Head Start programs from Ohio for offering this amendment grams from reaching out to families el- for rural communities. and for bringing this perspective to igible to participate. It is certainly a Much of my congressional district is this legislation, along with Mr. HARE tragedy when families can’t enjoy the rural. Therefore, I am very sensitive to and Mr. ALTMIRE and Mr. WELCH, and opportunities offered by Head Start the unique challenges that Head Start for representing the rural communities programs because they didn’t know centers and rural families face in pro- and raising these issues during this de- about them, not because they weren’t viding or accessing Head Start pro- bate and during the consideration of there. grams. Some of these challenges in- this legislation. I am particularly concerned about clude instructor shortages, access to Sometimes issues get overlooked in barriers to parental involvement. I be- Head Start programs and outreach to the rush to reauthorize the bill and to lieve that parental involvement fos- eligible families. reauthorize it from a single perspec- tered by Head Start programs is in- As a member of the Education and tive, so I appreciate this information credibly important. There is no respon- Labor Committee, I had the privilege that they have brought to us. I think sibility of our society more sacred or of addressing these concerns during the the direction to the Secretary to re- profound than raising our children. markup of this bill. The amendment we view and to look at these barriers and Bringing parents together to share in present today expands those efforts by to see what we can do to remove them this experience strengthens our com- directing the Education Secretary to so that we can assure both the partici- munities, creating bonds that can provide the technical assistance and pation of the children in the program bring them closer together. training to remove barriers to profes- and of their families and their parents In rural areas, parental involvement sional development, parental involve- as is designed by the law is important. is again a challenge. The realities of ment, home visits and health screening Mr. Chairman, I urge the adoption of less advantaged areas can keep parents in rural areas. the amendment.

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.061 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4371 The Acting CHAIRMAN. The ques- McKeon Regula Stearns Tanner Vela´ zquez Weiner tion is on the amendment offered by Mica Rehberg Sullivan Tauscher Visclosky Welch (VT) Miller (FL) Reichert Terry Taylor Walsh (NY) Wexler the gentleman from Ohio (Mr. SPACE). Miller (MI) Renzi Thornberry Thompson (CA) Walz (MN) Whitfield The amendment was agreed to. Miller, Gary Reynolds Tiahrt Thompson (MS) Wasserman Wilson (OH) Musgrave Rogers (AL) Tierney Schultz ANNOUNCEMENT BY THE ACTING CHAIRMAN Tiberi Woolsey Myrick Rogers (MI) Turner Towns Waters Wu The Acting CHAIRMAN. Pursuant to Neugebauer Rohrabacher Upton Udall (CO) Watson Wynn Udall (NM) Watt clause 6 of rule XVIII, proceedings will Nunes Ros-Lehtinen Walberg Yarmuth Pearce Roskam Van Hollen Waxman Walden (OR) now resume on those amendments on Pence Royce Wamp which further proceedings were post- Peterson (PA) Ryan (WI) NOT VOTING—18 Weldon (FL) poned, in the following order: Petri Sali Boehner Feeney Ortiz Weller Pickering Schmidt Brady (PA) Gillibrand Paul Amendment No. 2 by Mr. PRICE of Westmoreland Pitts Sensenbrenner Cubin Hunter Rogers (KY) Georgia. Wicker Poe Sessions Davis, Jo Ann Johnson, E. B. Simpson Wilson (NM) Amendment No. 3 by Mr. SESTAK of Porter Shadegg Engel Lampson Tancredo Pennsylvania. Price (GA) Shimkus Wilson (SC) Faleomavaega McMorris Pryce (OH) Shuster Wolf Fattah Rodgers Amendment No. 4 by Ms. HIRONO of Putnam Smith (NE) Young (AK) Hawaii. Radanovich Smith (TX) Young (FL) ANNOUNCEMENT BY THE ACTING CHAIRMAN Amendment No. 5 by Mr. MICA of The Acting CHAIRMAN (during the Florida. NOES—254 vote). Members are advised 2 minutes Amendment No. 7 by Mr. PUTNAM of Abercrombie Flake McNerney remain in this vote. Florida. Ackerman Frank (MA) McNulty Allen Frelinghuysen Meehan b 1740 Amendment No. 9 by Mr. CARNAHAN Altmire Gerlach Meek (FL) of Missouri. Andrews Giffords Meeks (NY) Messrs. COHEN, RODRIGUEZ and Amendment No. 11 by Mr. SHULER of Arcuri Gonzalez Melancon HILL and Ms. WOOLSEY changed their Baca Gordon Michaud vote from ‘‘aye’’ to ‘‘no.’’ North Carolina. Baird Graves Miller (NC) The Chair will reduce to 5 minutes Baldwin Green, Al Miller, George Mrs. BACHMANN and Mr. SAM the time for any electronic vote after Barrow Green, Gene Mitchell JOHNSON of Texas changed their vote the first vote in this series. Bean Grijalva Mollohan from ‘‘no’’ to ‘‘aye.’’ Becerra Gutierrez Moore (KS) AMENDMENT NO. 2 OFFERED BY MR. PRICE OF Berkley Hall (NY) Moore (WI) So the amendment was rejected. GEORGIA Berman Hare Moran (KS) The result of the vote was announced The Acting CHAIRMAN. The unfin- Berry Harman Moran (VA) as above recorded. Bishop (GA) Hastings (FL) Murphy (CT) ished business is the demand for a re- Bishop (NY) Herseth Sandlin Murphy, Patrick AMENDMENT NO. 3 OFFERED BY MR. SESTAK corded vote on the amendment offered Blumenauer Higgins Murphy, Tim The Acting CHAIRMAN. The unfin- by the gentleman from Georgia (Mr. Bordallo Hill Murtha ished business is the demand for a re- Boren Hinchey Nadler PRICE) on which further proceedings Boswell Hinojosa Napolitano corded vote on the amendment offered were postponed and on which the noes Boucher Hirono Neal (MA) by the gentleman from Pennsylvania prevailed by voice vote. Boyd (FL) Hodes Norton (Mr. SESTAK) on which further pro- The Clerk will redesignate the Boyda (KS) Holden Oberstar ceedings were postponed and on which Braley (IA) Holt Obey amendment. Brown, Corrine Honda Olver the ayes prevailed by voice vote. The Clerk redesignated the amend- Butterfield Hooley Pallone The Clerk will redesignate the ment. Capito Hoyer Pascrell amendment. Capps Inslee Pastor RECORDED VOTE Capuano Israel Payne The Clerk redesignated the amend- The Acting CHAIRMAN. A recorded Cardoza Jackson (IL) Perlmutter ment. vote has been demanded. Carnahan Jackson-Lee Peterson (MN) RECORDED VOTE Carney (TX) Platts A recorded vote was ordered. Carson Jefferson Pomeroy The Acting CHAIRMAN. A recorded The vote was taken by electronic de- Castor Jindal Price (NC) vote has been demanded. vice, and there were—ayes 165, noes 254, Chandler Johnson (GA) Rahall A recorded vote was ordered. Christensen Johnson (IL) Ramstad not voting 18, as follows: Clarke Jones (OH) Rangel The Acting CHAIRMAN. This will be [Roll No. 277] Clay Kagen Reyes a 5-minute vote. Cleaver Kanjorski Rodriguez AYES—165 The vote was taken by electronic de- Clyburn Kaptur Ross vice, and there were—ayes 312, noes 107, Aderholt Coble Hastings (WA) Cohen Kennedy Rothman Akin Cole (OK) Hayes Conyers Kildee Roybal-Allard not voting 18, as follows: Alexander Conaway Heller Cooper Kilpatrick Ruppersberger [Roll No. 278] Bachmann Crenshaw Hensarling Costa Kind Rush Bachus Culberson Herger Costello Klein (FL) Ryan (OH) AYES—312 Baker Davis, David Hobson Courtney Kucinich Salazar Abercrombie Boyda (KS) Cummings Barrett (SC) Davis, Tom Hoekstra Cramer Kuhl (NY) Sa´ nchez, Linda Ackerman Braley (IA) Davis (AL) Bartlett (MD) Deal (GA) Hulshof Crowley Langevin T. Aderholt Brown, Corrine Davis (CA) Barton (TX) Diaz-Balart, L. Inglis (SC) Cuellar Lantos Sanchez, Loretta Alexander Buchanan Davis (IL) Biggert Diaz-Balart, M. Issa Cummings Larsen (WA) Sarbanes Allen Burgess Davis (KY) Bilbray Doolittle Johnson, Sam Davis (AL) Larson (CT) Saxton Altmire Butterfield Davis, Lincoln Bilirakis Drake Jones (NC) Davis (CA) Latham Schakowsky Andrews Capito Davis, Tom Bishop (UT) Dreier Jordan Davis (IL) Lee Schiff Arcuri Capps DeFazio Blackburn Duncan Keller Davis (KY) Levin Schwartz Baca Capuano DeGette Blunt Ehlers King (IA) Davis, Lincoln Lewis (GA) Scott (GA) Baird Cardoza Delahunt Bonner Emerson King (NY) DeFazio Lewis (KY) Scott (VA) Baldwin Carnahan DeLauro Bono Everett Kingston DeGette Lipinski Serrano Barrow Carney Dent Boozman Fallin Kirk Delahunt LoBiondo Sestak Bartlett (MD) Carson Diaz-Balart, L. Boustany Forbes Kline (MN) DeLauro Loebsack Shays Bean Castor Diaz-Balart, M. Brady (TX) Fortenberry Knollenberg Dent Lofgren, Zoe Shea-Porter Becerra Chabot Dicks Brown (SC) Fortun˜ o LaHood Dicks Lowey Sherman Berman Chandler Dingell Brown-Waite, Fossella Lamborn Dingell Lucas Shuler Berry Christensen Doggett Ginny Foxx LaTourette Doggett Lynch Sires Bilbray Clarke Donnelly Buchanan Franks (AZ) Lewis (CA) Donnelly Mahoney (FL) Skelton Bilirakis Clay Doyle Burgess Gallegly Linder Doyle Maloney (NY) Slaughter Bishop (GA) Cleaver Drake Burton (IN) Garrett (NJ) Lungren, Daniel Edwards Markey Smith (NJ) Bishop (NY) Clyburn Edwards Buyer Gilchrest E. Ellison Marshall Smith (WA) Bishop (UT) Cohen Ellison Calvert Gillmor Mack Ellsworth Matheson Snyder Blumenauer Conyers Ellsworth Camp (MI) Gingrey Manzullo Emanuel Matsui Solis Boozman Cooper Emanuel Campbell (CA) Gohmert Marchant English (PA) McCarthy (NY) Souder Bordallo Costa Emerson Cannon Goode McCarthy (CA) Eshoo McCollum (MN) Space Boren Costello English (PA) Cantor Goodlatte McCaul (TX) Etheridge McDermott Spratt Boswell Courtney Eshoo Carter Granger McCotter Farr McGovern Stark Boucher Cramer Etheridge Castle Hall (TX) McCrery Ferguson McHugh Stupak Boustany Crowley Farr Chabot Hastert McHenry Filner McIntyre Sutton Boyd (FL) Cuellar Ferguson

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.130 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4372 CONGRESSIONAL RECORD — HOUSE May 2, 2007 Filner Lowey Ross Lungren, Daniel Pence Souder Chandler Israel Pastor Fortenberry Lucas Rothman E. Petri Stearns Christensen Issa Payne Fortun˜ o Lynch Roybal-Allard Mack Poe Sullivan Clarke Jackson (IL) Pearce Fossella Mahoney (FL) Ruppersberger Manzullo Price (GA) Terry Clay Jackson-Lee Perlmutter Frank (MA) Maloney (NY) Rush Marchant Putnam Thornberry Cleaver (TX) Peterson (MN) Frelinghuysen Markey Ryan (OH) McCarthy (CA) Rohrabacher Tiahrt Clyburn Jefferson Peterson (PA) Gerlach Marshall Salazar McHenry Roskam Upton Cohen Jindal Petri ´ Giffords Matheson Sanchez, Linda McKeon Royce Walberg Cole (OK) Johnson (GA) Pickering Miller (FL) Ryan (WI) Gilchrest Matsui T. Wamp Conaway Johnson (IL) Pitts Gillmor McCarthy (NY) Sanchez, Loretta Miller (MI) Sali Weldon (FL) Conyers Jones (NC) Platts Gingrey McCaul (TX) Sarbanes Miller, Gary Sensenbrenner Cooper Jones (OH) Pomeroy Westmoreland Gohmert McCollum (MN) Saxton Musgrave Sessions Costa Jordan Porter Wicker Gonzalez McCotter Schakowsky Myrick Shadegg Costello Kagen Price (NC) Wilson (SC) Gordon McCrery Schiff Neugebauer Smith (NE) Courtney Kanjorski Pryce (OH) Green, Al McDermott Schmidt Nunes Smith (TX) Cramer Kaptur Putnam Green, Gene McGovern Schwartz NOT VOTING—18 Crenshaw Keller Rahall Grijalva McHugh Scott (GA) Crowley Kennedy Ramstad Gutierrez McIntyre Scott (VA) Berkley Faleomavaega McMorris Cuellar Kildee Rangel Hall (NY) McNerney Sestak Brady (PA) Fattah Rodgers Culberson Kilpatrick Regula Hare McNulty Shays Cannon Gillibrand Ortiz Cummings Kind Rehberg Harman Meehan Shea-Porter Cole (OK) Hunter Paul Davis (AL) King (NY) Reichert Hastings (FL) Meek (FL) Sherman Cubin Johnson, E. B. Serrano Davis (CA) Kirk Renzi Herseth Sandlin Meeks (NY) Shimkus Davis, Jo Ann Lampson Tancredo Davis (IL) Klein (FL) Reyes Higgins Melancon Shuler Engel Davis, Lincoln Kline (MN) Reynolds Hill Mica Shuster Davis, Tom Knollenberg Rodriguez ANNOUNCEMENT BY THE ACTING CHAIRMAN Hinchey Michaud Simpson Deal (GA) Kucinich Rogers (AL) Hinojosa Miller (NC) Sires The Acting CHAIRMAN (during the DeFazio Kuhl (NY) Rogers (KY) Hirono Miller, George Skelton vote). Members are advised there are 2 DeGette LaHood Rogers (MI) Hobson Mitchell Slaughter minutes remaining in this vote. Delahunt Lamborn Rohrabacher Hodes Mollohan Smith (NJ) DeLauro Langevin Ros-Lehtinen Holden Moore (KS) Smith (WA) Dent Lantos Roskam Holt Moore (WI) Snyder b 1747 Diaz-Balart, L. Larsen (WA) Ross Honda Moran (KS) Solis Mr. EVERETT changed his vote from Diaz-Balart, M. Larson (CT) Rothman Hooley Moran (VA) Space Dicks Latham Roybal-Allard Hoyer ‘‘aye’’ to ‘‘no.’’ Murphy (CT) Spratt Dingell LaTourette Royce Hulshof Murphy, Patrick Stark So the amendment was agreed to. Doggett Lee Ruppersberger Inslee Murphy, Tim Stupak The result of the vote was announced Donnelly Levin Rush Israel Murtha Sutton Doolittle Lewis (CA) Ryan (OH) Jackson (IL) Nadler Tanner as above recorded. Doyle Lewis (GA) Ryan (WI) Jackson-Lee Napolitano Tauscher Stated for: Drake Lewis (KY) Salazar (TX) Neal (MA) Taylor Ms. BERKLEY. Mr. Chairman, on rollcall Dreier Lipinski Sa´ nchez, Linda Jefferson Norton Thompson (CA) Duncan LoBiondo T. Jindal Oberstar Thompson (MS) No. 278, had I been present, I would have Edwards Loebsack Sanchez, Loretta Johnson (GA) Obey Tiberi voted ‘‘aye.’’ Ehlers Lofgren, Zoe Sarbanes Johnson (IL) Olver Tierney Mr. SERRANO. Mr. Chairman, on rollcall Ellison Lowey Saxton Jones (NC) Pallone Towns Lucas Schakowsky Jones (OH) Pascrell Turner No. 278, had I been present, I would have Ellsworth Kagen Pastor Udall (CO) voted ‘‘aye.’’ Emanuel Lungren, Daniel Schiff Emerson E. Schmidt Kanjorski Payne Udall (NM) AMENDMENT NO. 4 OFFERED BY MS. HIRONO Kaptur Pearce Van Hollen English (PA) Lynch Schwartz Keller Perlmutter Vela´ zquez The Acting CHAIRMAN. The unfin- Eshoo Mack Scott (GA) Kennedy Peterson (MN) Visclosky ished business is the demand for a re- Etheridge Mahoney (FL) Scott (VA) Kildee Peterson (PA) Walden (OR) Everett Maloney (NY) Sensenbrenner corded vote on the amendment offered Fallin Markey Serrano Kilpatrick Pickering Walsh (NY) by the gentlewoman from Hawaii (Ms. Kind Pitts Walz (MN) Farr Marshall Sestak King (NY) Platts Wasserman HIRONO) on which further proceedings Ferguson Matheson Shays Kirk Pomeroy Schultz were postponed and on which the ayes Filner Matsui Shea-Porter Forbes McCarthy (CA) Sherman Klein (FL) Porter Waters prevailed by voice vote. Knollenberg Price (NC) Watson Fortenberry McCarthy (NY) Shimkus ˜ Kucinich Pryce (OH) Watt The Clerk will redesignate the Fortuno McCaul (TX) Shuler Kuhl (NY) Radanovich Waxman amendment. Fossella McCollum (MN) Shuster LaHood Rahall Weiner Frank (MA) McCotter Simpson The Clerk redesignated the amend- Frelinghuysen McDermott Sires Langevin Ramstad Welch (VT) ment. Lantos Rangel Weller Gallegly McGovern Skelton Larsen (WA) Regula Wexler RECORDED VOTE Gerlach McHenry Slaughter Giffords McHugh Smith (NJ) Larson (CT) Rehberg Whitfield The Acting CHAIRMAN. A recorded LaTourette Reichert Wilson (NM) Gilchrest McIntyre Smith (WA) Lee Renzi Wilson (OH) vote has been demanded. Gillmor McKeon Snyder Levin Reyes Wolf A recorded vote was ordered. Gohmert McNerney Solis Lewis (GA) Reynolds Woolsey Gonzalez McNulty Space The Acting CHAIRMAN. This will be Gordon Meehan Spratt Lewis (KY) Rodriguez Wu a 5-minute vote. Lipinski Rogers (AL) Wynn Granger Meek (FL) Stark LoBiondo Rogers (KY) Yarmuth The vote was taken by electronic de- Graves Meeks (NY) Stupak Loebsack Rogers (MI) Young (AK) vice, and there were—ayes 372, noes 50, Green, Al Melancon Sutton Lofgren, Zoe Ros-Lehtinen Young (FL) Green, Gene Mica Tanner not voting 15, as follows: Grijalva Michaud Tauscher NOES—107 [Roll No. 279] Hall (NY) Miller (FL) Taylor Hall (TX) Miller (MI) Thompson (CA) Akin Carter Goodlatte AYES—372 Hare Miller (NC) Thompson (MS) Bachmann Castle Granger Abercrombie Biggert Brown, Corrine Harman Miller, George Tiahrt Bachus Coble Graves Ackerman Bilbray Brown-Waite, Hastert Mitchell Tiberi Baker Conaway Hall (TX) Aderholt Bilirakis Ginny Hastings (FL) Mollohan Tierney Barrett (SC) Crenshaw Hastert Akin Bishop (GA) Buchanan Hastings (WA) Moore (KS) Towns Barton (TX) Culberson Hastings (WA) Alexander Bishop (NY) Burgess Hayes Moore (WI) Turner Biggert Davis, David Hayes Allen Blumenauer Butterfield Heller Moran (KS) Udall (CO) Blackburn Deal (GA) Heller Altmire Blunt Buyer Herseth Sandlin Moran (VA) Udall (NM) Blunt Doolittle Hensarling Andrews Boehner Calvert Higgins Murphy (CT) Upton Boehner Dreier Herger Arcuri Bonner Camp (MI) Hill Murphy, Patrick Van Hollen Bonner Duncan Hoekstra Baca Bono Campbell (CA) Hinchey Murphy, Tim Vela´ zquez Bono Ehlers Inglis (SC) Bachus Boozman Cannon Hinojosa Murtha Visclosky Brady (TX) Everett Issa Baird Bordallo Capito Hirono Nadler Walberg Brown (SC) Fallin Johnson, Sam Baldwin Boren Capps Hobson Napolitano Walden (OR) Brown-Waite, Feeney Jordan Barrow Boswell Capuano Hodes Neal (MA) Walsh (NY) Ginny Flake King (IA) Bartlett (MD) Boucher Cardoza Holden Norton Walz (MN) Burton (IN) Forbes Kingston Barton (TX) Boustany Carnahan Holt Nunes Wamp Buyer Foxx Kline (MN) Bean Boyd (FL) Carney Honda Oberstar Wasserman Calvert Franks (AZ) Lamborn Becerra Boyda (KS) Carson Hooley Obey Schultz Camp (MI) Gallegly Latham Berkley Brady (TX) Castle Hoyer Olver Waters Campbell (CA) Garrett (NJ) Lewis (CA) Berman Braley (IA) Castor Hulshof Pallone Watson Cantor Goode Linder Berry Brown (SC) Chabot Inslee Pascrell Watt

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.069 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4373 Waxman Wicker Wu King (IA) Myrick Shuster Ross Shimkus Udall (NM) Weiner Wilson (NM) Wynn Kirk Neugebauer Simpson Rothman Shuler Van Hollen Welch (VT) Wilson (OH) Yarmuth Kline (MN) Nunes Smith (NE) Roybal-Allard Sires Vela´ zquez Weller Wilson (SC) Young (AK) Knollenberg Pearce Smith (TX) Ruppersberger Skelton Visclosky Wexler Wolf Young (FL) Lamborn Pence Stearns Rush Slaughter Walden (OR) Whitfield Woolsey Latham Peterson (PA) Sullivan Ryan (OH) Smith (NJ) Walz (MN) LaTourette Pickering Salazar Smith (WA) NOES—50 Thornberry Wasserman Lewis (CA) Poe Tiahrt Sali Snyder Schultz Sa´ nchez, Linda Solis Bachmann Goode Pence Linder Price (GA) Tiberi Waters Lowey Pryce (OH) T. Souder Baker Goodlatte Poe Turner Watson Barrett (SC) Hensarling Lungren, Daniel Putnam Sanchez, Loretta Space Price (GA) Upton Watt Bishop (UT) Herger E. Radanovich Sarbanes Spratt Radanovich Walberg Waxman Blackburn Hoekstra Mack Regula Saxton Stark Sali Walsh (NY) Weiner Burton (IN) Inglis (SC) Sessions Marchant Rehberg Schakowsky Stupak Wamp Schiff Sutton Welch (VT) Cantor Johnson, Sam Shadegg McCarthy (CA) Reichert McCaul (TX) Rogers (KY) Weldon (FL) Schwartz Tanner Wexler Carter King (IA) Smith (NE) Coble Kingston McCrery Rogers (MI) Weller Scott (GA) Tauscher Wilson (NM) Smith (TX) Davis (KY) Linder McHenry Ros-Lehtinen Westmoreland Scott (VA) Taylor Wilson (OH) Souder Davis, David Manzullo McKeon Roskam Whitfield Serrano Terry Wolf Stearns Feeney Marchant Mica Royce Wicker Sestak Thompson (CA) Woolsey Flake McCrery Sullivan Miller (FL) Ryan (WI) Wilson (SC) Shadegg Thompson (MS) Wu Foxx Miller, Gary Terry Miller (MI) Schmidt Young (AK) Shays Tierney Wynn Franks (AZ) Musgrave Thornberry Miller, Gary Sensenbrenner Young (FL) Shea-Porter Towns Yarmuth Garrett (NJ) Myrick Weldon (FL) Musgrave Sessions Sherman Udall (CO) Gingrey Neugebauer Westmoreland NOT VOTING—14 NOES—286 NOT VOTING—15 Brady (PA) Fattah McMorris Abercrombie Doolittle Larsen (WA) Brady (PA) Gillibrand McMorris Cubin Gillibrand Rodgers Ackerman Doyle Larson (CT) Cubin Davis, Jo Ann Hunter Ortiz Gutierrez Rodgers Akin Drake Lee Davis, Jo Ann Engel Johnson, E. B. Paul Hunter Ortiz Alexander Edwards Levin Engel Faleomavaega Lampson Tancredo Johnson, E. B. Paul Allen Ehlers Lewis (GA) Faleomavaega Lampson Tancredo Altmire Ellison Lewis (KY) Fattah ANNOUNCEMENT BY THE ACTING CHAIRMAN Andrews Ellsworth Lipinski The Acting CHAIRMAN (during the ANNOUNCEMENT BY THE ACTING CHAIRMAN Arcuri Emanuel LoBiondo Baca Emerson Loebsack vote). Members are advised there are 2 The Acting CHAIRMAN (during the Bachmann English (PA) Lofgren, Zoe minutes remaining in this vote. vote). Members are advised there are 2 Baird Eshoo Lucas minutes remaining on this vote. Baldwin Etheridge Lynch b 1803 Barrow Farr Mahoney (FL) Bartlett (MD) Ferguson Maloney (NY) Mr. CAPUANO changed his vote from b 1756 Bean Filner Manzullo ‘‘aye’’ to ‘‘no.’’ Becerra Flake Markey So the amendment was agreed to. Berkley Fortenberry Marshall So the amendment was rejected. The result of the vote was announced Berman Frank (MA) Matheson The result of the vote was announced as above recorded. Berry Gerlach Matsui as above recorded. Biggert Giffords McCarthy (NY) Stated against: AMENDMENT NO. 5 OFFERED BY MR. MICA Bishop (GA) Gilchrest McCollum (MN) The Acting CHAIRMAN. The unfin- Bishop (NY) Gonzalez McCotter Mrs. LOWEY. Mr. Chairman, during rollcall ished business is the demand for a re- Bishop (UT) Goode McDermott vote No. 280 on H.R. 1429, I mistakenly re- Blumenauer Goodlatte McGovern corded my vote as ‘‘aye’’ when I should have corded vote on the amendment offered Bordallo Gordon McHugh by the gentleman from Florida (Mr. Boren Green, Al McIntyre voted ‘‘no.’’ I ask unanimous consent that my MICA) on which further proceedings Boswell Green, Gene McNerney statement appear in the RECORD immediately were postponed and on which the noes Boucher Grijalva McNulty following rollcall vote No. 280. Boustany Gutierrez Meehan prevailed by voice vote. Boyd (FL) Hall (NY) Meek (FL) AMENDMENT NO. 7 OFFERED BY MR. PUTNAM The Clerk will redesignate the Boyda (KS) Hall (TX) Meeks (NY) The Acting CHAIRMAN. The unfin- amendment. Braley (IA) Hare Melancon ished business is the demand for a re- Brown, Corrine Harman Michaud The Clerk redesignated the amend- Butterfield Hastert Miller (NC) corded vote on the amendment offered ment. Cannon Hastings (FL) Miller, George by the gentleman from Florida (Mr. RECORDED VOTE Capps Herseth Sandlin Mitchell PUTNAM) on which further proceedings Capuano Higgins Mollohan were postponed and on which the noes The Acting CHAIRMAN. A recorded Cardoza Hill Moore (KS) vote has been demanded. Carnahan Hinchey Moore (WI) prevailed by voice vote. A recorded vote was ordered. Carney Hinojosa Moran (KS) The Clerk will redesignate the Carson Hirono Moran (VA) amendment. The Acting CHAIRMAN. This will be Castle Hodes Murphy (CT) a 5-minute vote. Castor Hoekstra Murphy, Patrick The Clerk redesignated the amend- The vote was taken by electronic de- Chandler Holden Murphy, Tim ment. vice, and there were—ayes 137, noes 286, Christensen Holt Murtha RECORDED VOTE Clarke Honda Nadler not voting 14, as follows: Clay Hooley Napolitano The Acting CHAIRMAN. A recorded [Roll No. 280] Cleaver Hoyer Neal (MA) vote has been demanded. Clyburn Inslee Norton A recorded vote was ordered. AYES—137 Cohen Israel Oberstar Aderholt Campbell (CA) Foxx Conyers Jackson (IL) Obey The Acting CHAIRMAN. This will be Bachus Cantor Franks (AZ) Cooper Jackson-Lee Olver a 5-minute vote. Baker Capito Frelinghuysen Costa (TX) Pallone The vote was taken by electronic de- Barrett (SC) Carter Gallegly Costello Jefferson Pascrell vice, and there were—ayes 161, noes 262, Barton (TX) Chabot Garrett (NJ) Courtney Jindal Pastor Bilbray Coble Gillmor Cramer Johnson (GA) Payne not voting 14, as follows: Bilirakis Cole (OK) Gingrey Crowley Johnson (IL) Perlmutter [Roll No. 281] Blackburn Conaway Gohmert Cuellar Jones (OH) Peterson (MN) Blunt Crenshaw Granger Cummings Kagen Petri AYES—161 Boehner Culberson Graves Davis (AL) Kanjorski Pitts Aderholt Bonner Campbell (CA) Bonner Davis (KY) Hastings (WA) Davis (CA) Kaptur Platts Akin Bono Cannon Bono Davis, David Hayes Davis (IL) Kennedy Pomeroy Alexander Boozman Cantor Boozman Deal (GA) Heller Davis, Lincoln Kildee Porter Bachmann Boustany Capito Brady (TX) Diaz-Balart, L. Hensarling Davis, Tom Kilpatrick Price (NC) Bachus Brady (TX) Carter Brown (SC) Diaz-Balart, M. Herger DeFazio Kind Rahall Baker Brown (SC) Chabot Brown-Waite, Dreier Hobson DeGette King (NY) Ramstad Barrett (SC) Brown-Waite, Coble Ginny Duncan Hulshof Delahunt Kingston Rangel Bartlett (MD) Ginny Cole (OK) Buchanan Everett Inglis (SC) DeLauro Klein (FL) Renzi Barton (TX) Buchanan Conaway Burgess Fallin Issa Dent Kucinich Reyes Bilbray Burgess Crenshaw Burton (IN) Feeney Johnson, Sam Dicks Kuhl (NY) Reynolds Bishop (UT) Burton (IN) Culberson Buyer Forbes Jones (NC) Dingell LaHood Rodriguez Blackburn Buyer Davis (KY) Calvert Fortun˜ o Jordan Doggett Langevin Rogers (AL) Blunt Calvert Davis, David Camp (MI) Fossella Keller Donnelly Lantos Rohrabacher Boehner Camp (MI) Deal (GA)

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.072 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4374 CONGRESSIONAL RECORD — HOUSE May 2, 2007 Diaz-Balart, L. Kline (MN) Reynolds Mollohan Rothman Sutton Clyburn Kagen Price (NC) Diaz-Balart, M. Knollenberg Rogers (AL) Moore (KS) Roybal-Allard Tanner Cohen Kanjorski Rahall Doolittle Lamborn Rogers (KY) Moore (WI) Ruppersberger Tauscher Conyers Kaptur Ramstad Drake Latham Rogers (MI) Moran (KS) Rush Taylor Cooper Kennedy Rangel Dreier Lewis (CA) Rohrabacher Moran (VA) Ryan (OH) Thompson (CA) Costa Kildee Reyes Duncan Lewis (KY) Ros-Lehtinen Murphy (CT) Salazar Thompson (MS) Costello Kilpatrick Rodriguez ´ Everett Linder Roskam Murphy, Patrick Sanchez, Linda Tierney Courtney Kind Ross Fallin Lungren, Daniel Royce Murphy, Tim T. Towns Cramer King (NY) Rothman Murtha Sanchez, Loretta Feeney E. Ryan (WI) Udall (CO) Crowley Kirk Roybal-Allard Flake Mack Nadler Sarbanes Cuellar Klein (FL) Sali Udall (NM) Ruppersberger Forbes Mahoney (FL) Napolitano Saxton Cummings Kucinich Schmidt Van Hollen Rush Fortenberry Manzullo Neal (MA) Schakowsky Davis (AL) LaHood Sensenbrenner ´ Ryan (OH) Fortun˜ o Marchant Norton Schiff Velazquez Davis (CA) Langevin Salazar Fossella McCarthy (CA) Sessions Oberstar Schwartz Visclosky Davis (IL) Lantos Sa´ nchez, Linda Foxx McCaul (TX) Shadegg Obey Scott (GA) Walden (OR) Davis, Lincoln Larsen (WA) T. Franks (AZ) McCotter Shimkus Olver Scott (VA) Walz (MN) DeFazio Larson (CT) Sanchez, Loretta Gallegly McCrery Shuster Pallone Serrano Wasserman DeGette Lee Sarbanes Garrett (NJ) McHenry Simpson Pascrell Sestak Schultz Delahunt Levin Saxton Gillmor McKeon Smith (NE) Pastor Shays Waters DeLauro Lewis (GA) Gingrey Mica Smith (TX) Payne Shea-Porter Watson Dent Lipinski Schakowsky Schiff Gohmert Miller (FL) Souder Perlmutter Sherman Watt Dicks LoBiondo Schwartz Granger Miller (MI) Stearns Peterson (MN) Shuler Waxman Dingell Loebsack Scott (GA) Hall (TX) Miller, Gary Sullivan Petri Sires Weiner Doggett Lofgren, Zoe Scott (VA) Hastert Musgrave Terry Platts Skelton Welch (VT) Donnelly Lowey Serrano Hastings (WA) Myrick Thornberry Pomeroy Slaughter Wexler Doyle Lynch Sestak Hayes Neugebauer Tiahrt Porter Smith (NJ) Wicker Edwards Mahoney (FL) Price (NC) Shays Heller Nunes Tiberi Smith (WA) Wilson (NM) Ellison Maloney (NY) Hensarling Pearce Rahall Snyder Ellsworth Markey Shea-Porter Turner Wilson (OH) Herger Pence Ramstad Solis Emanuel Marshall Sherman Upton Woolsey Hobson Peterson (PA) Rangel Space Emerson Matheson Shuler Walberg Wu Hoekstra Pickering Reyes Spratt Eshoo Matsui Sires Hulshof Pitts Walsh (NY) Rodriguez Stark Wynn Etheridge McCarthy (NY) Skelton Inglis (SC) Poe Wamp Ross Stupak Yarmuth Faleomavaega McCollum (MN) Slaughter Issa Price (GA) Weldon (FL) Farr McDermott Smith (NJ) Jindal Pryce (OH) Weller NOT VOTING—14 Ferguson McGovern Smith (WA) Johnson, Sam Putnam Westmoreland Bilirakis Fattah McMorris Filner McHugh Snyder Jordan Radanovich Whitfield Brady (PA) Gillibrand Rodgers Frank (MA) McIntyre Solis Keller Regula Wilson (SC) Cubin Hunter Ortiz Gerlach McNerney Space King (IA) Rehberg Wolf Davis, Jo Ann Johnson, E. B. Paul Giffords McNulty Spratt Kingston Reichert Young (AK) Engel Lampson Tancredo Gilchrest Meehan Stark Kirk Renzi Young (FL) Gonzalez Meek (FL) Stupak ANNOUNCEMENT BY THE ACTING CHAIRMAN. Gordon Meeks (NY) Sutton NOES—262 The Acting CHAIRMAN (during the Green, Al Melancon Tanner Grijalva Michaud Abercrombie Davis, Tom Jackson (IL) vote). Members are advised that 2 min- Tauscher Gutierrez Miller (NC) Taylor Ackerman DeFazio Jackson-Lee utes remain in this vote. Hall (NY) Miller, George Allen DeGette (TX) Thompson (CA) Hare Mitchell Thompson (MS) Altmire Delahunt Jefferson b 1811 Harman Mollohan Andrews DeLauro Johnson (GA) Tierney Hastings (FL) Moore (KS) Towns Arcuri Dent Johnson (IL) Mrs. JONES of Ohio and Mr. HILL Herseth Sandlin Moore (WI) Udall (CO) Baca Dicks Jones (NC) changed their vote from ‘‘aye’’ to ‘‘no.’’ Higgins Moran (VA) Udall (NM) Baird Dingell Jones (OH) Hill Murphy (CT) So the amendment was rejected. Van Hollen Baldwin Doggett Kagen Hinchey Murphy, Patrick The result of the vote was announced Vela´ zquez Barrow Donnelly Kanjorski Hinojosa Murphy, Tim Visclosky Bean Doyle Kaptur as above recorded. Hirono Murtha Becerra Edwards Kennedy Walz (MN) AMENDMENT NO. 9 OFFERED BY MR. CARNAHAN Hodes Nadler Berkley Ehlers Kildee Holden Napolitano Wasserman Berman Ellison Kilpatrick The Acting CHAIRMAN. The unfin- Holt Neal (MA) Schultz Berry Ellsworth Kind ished business is the demand for a re- Honda Norton Waters Biggert Emanuel King (NY) Hooley Oberstar Watson Bishop (GA) Emerson Klein (FL) corded vote on the amendment offered Watt by the gentleman from Missouri (Mr. Hoyer Obey Bishop (NY) English (PA) Kucinich Inslee Olver Waxman Blumenauer Eshoo Kuhl (NY) CARNAHAN) on which further pro- Israel Pallone Weiner Bordallo Etheridge LaHood ceedings were postponed and on which Jackson (IL) Pascrell Welch (VT) Boren Faleomavaega Langevin the ayes prevailed by voice vote. Jackson-Lee Pastor Weller Boswell Farr Lantos (TX) Payne Wexler Boucher Ferguson Larsen (WA) The Clerk will redesignate the Jefferson Perlmutter Wilson (OH) Boyd (FL) Filner Larson (CT) amendment. Jindal Peterson (MN) Wolf Boyda (KS) Frank (MA) LaTourette Johnson (GA) Pickering Woolsey Braley (IA) Frelinghuysen Lee The Clerk redesignated the amend- ment. Johnson (IL) Platts Wu Brown, Corrine Gerlach Levin Jones (NC) Pomeroy Wynn Butterfield Giffords Lewis (GA) RECORDED VOTE Jones (OH) Porter Yarmuth Capps Gilchrest Lipinski The Acting CHAIRMAN. A recorded Capuano Gonzalez LoBiondo NOES—171 Cardoza Goode Loebsack vote has been demanded. Carnahan Goodlatte Lofgren, Zoe A recorded vote was ordered. Aderholt Buyer English (PA) Carney Gordon Lowey Bachmann Calvert Everett Carson Graves Lucas The Acting CHAIRMAN. This will be Bachus Camp (MI) Fallin Castle Green, Al Lynch a 5-minute vote. Baker Campbell (CA) Feeney Castor Green, Gene Maloney (NY) The vote was taken by electronic de- Barrett (SC) Cannon Flake Chandler Grijalva Markey vice, and there were—ayes 253, noes 171, Bartlett (MD) Cantor Forbes Christensen Gutierrez Marshall Barton (TX) Carter Fortenberry Clarke Hall (NY) Matheson not voting 13, as follows: Biggert Castle Fortun˜ o Clay Hare Matsui [Roll No. 282] Bilbray Chabot Fossella Cleaver Harman McCarthy (NY) Bilirakis Coble Foxx Clyburn Hastings (FL) McCollum (MN) AYES—253 Bishop (UT) Cole (OK) Franks (AZ) Cohen Herseth Sandlin McDermott Abercrombie Berkley Butterfield Blackburn Conaway Frelinghuysen Conyers Higgins McGovern Ackerman Berman Capito Blunt Crenshaw Gallegly Cooper Hill McHugh Akin Berry Capps Boehner Culberson Garrett (NJ) Costa Hinchey McIntyre Alexander Bishop (GA) Capuano Bonner Davis (KY) Gillmor Costello Hinojosa McNerney Allen Bishop (NY) Cardoza Bono Davis, David Gingrey Courtney Hirono McNulty Altmire Blumenauer Carnahan Boozman Davis, Tom Gohmert Cramer Hodes Meehan Andrews Bordallo Carney Boustany Deal (GA) Goode Crowley Holden Meek (FL) Arcuri Boren Carson Brady (TX) Diaz-Balart, L. Goodlatte Cuellar Holt Meeks (NY) Baca Boswell Castor Brown (SC) Diaz-Balart, M. Granger Cummings Honda Melancon Baird Boucher Chandler Brown-Waite, Doolittle Graves Davis (AL) Hooley Michaud Baldwin Boyd (FL) Christensen Ginny Drake Green, Gene Davis (CA) Hoyer Miller (NC) Barrow Boyda (KS) Clarke Buchanan Dreier Hall (TX) Davis (IL) Inslee Miller, George Bean Braley (IA) Clay Burgess Duncan Hastert Davis, Lincoln Israel Mitchell Becerra Brown, Corrine Cleaver Burton (IN) Ehlers Hastings (WA)

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.075 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4375 Hayes McHenry Ryan (WI) Cuellar Kind Rodriguez LaTourette Peterson (PA) Shimkus Heller McKeon Sali Cummings Kirk Ross Lewis (CA) Petri Shuster Hensarling Mica Schmidt Davis (AL) Klein (FL) Rothman Lewis (KY) Pickering Simpson Herger Miller (FL) Sensenbrenner Davis (CA) Kucinich Roybal-Allard Linder Pitts Skelton Hobson Miller (MI) Sessions Davis (IL) LaHood Ruppersberger LoBiondo Platts Smith (NE) Hoekstra Miller, Gary Shadegg Davis, Lincoln Langevin Rush Lucas Poe Smith (NJ) Hulshof Moran (KS) Shimkus DeFazio Lantos Ryan (OH) Lungren, Daniel Porter Smith (TX) Inglis (SC) Musgrave Shuster DeGette Larsen (WA) Salazar E. Price (GA) Souder Issa Myrick Simpson Delahunt Larson (CT) Sa´ nchez, Linda Mack Pryce (OH) Stearns Johnson, Sam Neugebauer Smith (NE) DeLauro Lee T. Manzullo Putnam Sullivan Jordan Nunes Marchant Radanovich Smith (TX) Dicks Levin Sanchez, Loretta Terry Keller Pearce McCarthy (CA) Ramstad Souder Dingell Lewis (GA) Sarbanes Thornberry King (IA) Pence Doggett Lipinski McCaul (TX) Regula Stearns Schakowsky Tiahrt Kingston Peterson (PA) Donnelly Loebsack McCotter Rehberg Sullivan Schiff Tiberi Kline (MN) Petri Doyle Lofgren, Zoe McCrery Reichert Terry Schwartz Turner Knollenberg Pitts Edwards Lowey McHenry Renzi Thornberry Scott (GA) Upton Kuhl (NY) Poe Ellison Lynch McHugh Reynolds Tiahrt Lamborn Price (GA) Ellsworth Mahoney (FL) Scott (VA) McIntyre Rogers (AL) Walberg Tiberi Latham Pryce (OH) Emanuel Maloney (NY) Serrano McKeon Rogers (KY) Walden (OR) Turner LaTourette Putnam Eshoo Markey Sestak Mica Rogers (MI) Walsh (NY) Lewis (CA) Radanovich Upton Etheridge Marshall Shays Miller (FL) Rohrabacher Wamp Lewis (KY) Regula Walberg Faleomavaega Matheson Shea-Porter Miller (MI) Ros-Lehtinen Weldon (FL) Linder Rehberg Walden (OR) Farr Matsui Sherman Miller, Gary Roskam Weller Lucas Reichert Walsh (NY) Filner McCarthy (NY) Shuler Moran (KS) Royce Westmoreland Lungren, Daniel Renzi Wamp Frank (MA) McCollum (MN) Sires Murphy, Tim Ryan (WI) Whitfield E. Reynolds Weldon (FL) Giffords McDermott Slaughter Musgrave Sali Wicker Mack Rogers (AL) Westmoreland Gonzalez McGovern Smith (WA) Myrick Saxton Wilson (NM) Manzullo Rogers (KY) Whitfield Gordon McNerney Snyder Neugebauer Schmidt Wilson (SC) Marchant Rogers (MI) Wicker Green, Al McNulty Solis Nunes Sensenbrenner Wolf McCarthy (CA) Rohrabacher Wilson (NM) Green, Gene Meehan Space Pearce Sessions Young (AK) McCaul (TX) Ros-Lehtinen Wilson (SC) Grijalva Meek (FL) Spratt Pence Shadegg Young (FL) McCotter Roskam Young (AK) Gutierrez Meeks (NY) Stark NOT VOTING—13 McCrery Royce Young (FL) Hall (NY) Melancon Stupak Hare Michaud Brady (PA) Gillibrand McMorris NOT VOTING—13 Sutton Harman Miller (NC) Tanner Cubin Hunter Rodgers Brady (PA) Gillibrand McMorris Hastings (FL) Miller, George Tauscher Davis, Jo Ann Johnson, E. B. Ortiz Cubin Hunter Rodgers Herseth Sandlin Mitchell Taylor Engel Lampson Paul Davis, Jo Ann Johnson, E. B. Ortiz Higgins Mollohan Thompson (CA) Fattah Tancredo Engel Lampson Paul Hill Moore (KS) Thompson (MS) Hinchey Moore (WI) ANNOUNCEMENT BY THE ACTING CHAIRMAN Fattah Tancredo Tierney Hinojosa Moran (VA) Towns The Acting CHAIRMAN (during the ANNOUNCEMENT BY THE ACTING CHAIRMAN Hirono Murphy (CT) Udall (CO) vote). Members are advised that there Hodes Murphy, Patrick The Acting CHAIRMAN (during the Udall (NM) Holden Murtha are 2 minutes remaining on this vote. vote). Members are advised that there Van Hollen Holt Nadler ´ b 1828 are 2 minutes remaining in this vote. Honda Napolitano Velazquez Hooley Neal (MA) Visclosky So the amendment was agreed to. Walz (MN) 1820 Hoyer Norton The result of the vote was announced b Inslee Oberstar Wasserman Schultz as above recorded. So the amendment was agreed to. Israel Obey Waters The Acting CHAIRMAN. The ques- The result of the vote was announced Jackson (IL) Olver Jackson-Lee Pallone Watson tion is on the committee amendment as above recorded. (TX) Pascrell Watt Waxman in the nature of a substitute, as amend- AMENDMENT NO. 11 OFFERED BY MR. SHULER Jefferson Pastor Johnson (GA) Payne Weiner ed. The Acting CHAIRMAN. The unfin- Jones (OH) Perlmutter Welch (VT) The committee amendment in the ished business is the demand for a re- Kagen Peterson (MN) Wexler nature of a substitute, as amended, was corded vote on the amendment offered Kanjorski Pomeroy Wilson (OH) agreed to. by the gentleman from North Carolina Kaptur Price (NC) Woolsey Kennedy Rahall Wu The Acting CHAIRMAN. Under the (Mr. SHULER) on which further pro- Kildee Rangel Wynn rule, the Committee rises. ceedings were postponed and on which Kilpatrick Reyes Yarmuth Accordingly, the Committee rose; the ayes prevailed by voice vote. and the Speaker pro tempore (Mr. NOES—195 The Clerk will redesignate the WEINER) having assumed the chair, Mr. Aderholt Castle Gerlach amendment. KIND, Acting Chairman of the Com- Akin Chabot Gilchrest The Clerk redesignated the amend- Alexander Coble Gillmor mittee of the Whole House on the state ment. Bachmann Cole (OK) Gingrey of the Union, reported that that Com- RECORDED VOTE Bachus Conaway Gohmert mittee, having had under consideration Baker Crenshaw Goode The Acting CHAIRMAN. A recorded Barrett (SC) Culberson Goodlatte the bill (H.R. 1429) to reauthorize the vote has been demanded. Bartlett (MD) Davis (KY) Granger Head Start Act, to improve program A recorded vote was ordered. Barton (TX) Davis, David Graves quality, to expand access, and for other Biggert Davis, Tom Hall (TX) purposes, pursuant to House Resolution The Acting CHAIRMAN. This will be Bilbray Deal (GA) Hastert a 5-minute vote. Bilirakis Dent Hastings (WA) 348, he reported the bill back to the The vote was taken by electronic de- Bishop (UT) Diaz-Balart, L. Hayes House with an amendment adopted by vice, and there were—ayes 229, noes 195, Blackburn Diaz-Balart, M. Heller the Committee of the Whole. Blunt Doolittle Hensarling not voting 13, as follows: Boehner Drake Herger The SPEAKER pro tempore. Under [Roll No. 283] Bonner Dreier Hobson the rule, the previous question is or- Bono Duncan Hoekstra AYES—229 dered. Boozman Ehlers Hulshof Is a separate vote demanded on any Abercrombie Bishop (NY) Carson Boustany Emerson Inglis (SC) Ackerman Blumenauer Castor Brady (TX) English (PA) Issa amendment to the amendment re- Allen Bordallo Chandler Brown (SC) Everett Jindal ported from the Committee of the Altmire Boren Christensen Brown-Waite, Fallin Johnson (IL) Whole? Andrews Boswell Clarke Ginny Feeney Johnson, Sam Arcuri Boucher Clay Buchanan Ferguson Jones (NC) PARLIAMENTARY INQUIRY Baca Boyd (FL) Cleaver Burgess Flake Jordan Mr. PRICE of Georgia. Mr. Speaker, I Baird Boyda (KS) Clyburn Burton (IN) Forbes Keller have a parliamentary inquiry. Baldwin Braley (IA) Cohen Buyer Fortenberry King (IA) Barrow Brown, Corrine Conyers Calvert Fortun˜ o King (NY) The SPEAKER pro tempore. The gen- Bean Butterfield Cooper Camp (MI) Fossella Kingston tleman will state his parliamentary in- Becerra Capps Costa Campbell (CA) Foxx Kline (MN) quiry. Berkley Capuano Costello Cannon Franks (AZ) Knollenberg Mr. PRICE of Georgia. Mr. Speaker, Berman Cardoza Courtney Cantor Frelinghuysen Kuhl (NY) Berry Carnahan Cramer Capito Gallegly Lamborn isn’t it true that under the rules adopt- Bishop (GA) Carney Crowley Carter Garrett (NJ) Latham ed by this House, the number of votes

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.074 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4376 CONGRESSIONAL RECORD — HOUSE May 2, 2007 allowed in the Committee of the Whole ‘‘(A) to alter its form of internal govern- Former President Clinton signed four is different than the number of votes ance; or laws explicitly allowing faith-based allowed when the House sits? ‘‘(B) to remove religious art, icons, scrip- groups to staff on a religious basis The SPEAKER pro tempore. The gen- ture, or other symbols; when they receive Federal funds. Was in order to be eligible to provide assistance tleman is correct. under a program described in subsection (a). he pro-discrimination? No. Mr. PRICE of Georgia. Mr. Speaker, ‘‘(3) EMPLOYMENT PRACTICES.—Section 654 The motion to recommit we are con- further parliamentary inquiry. shall not apply to a recipient of financial as- sidering today is offered in the same The SPEAKER pro tempore. The gen- sistance under this subchapter that is a reli- spirit as the 1964 Civil Rights Act, the tleman will state his inquiry. gious corporation, association, educational 1987 Supreme Court decision, and Presi- Mr. PRICE of Georgia. Isn’t it fur- institution, or society, with respect to the dent Clinton’s signature on those four ther true, Mr. Speaker, that because of employment of individuals of a particular re- bills. ligion to perform work connected with the the rules, any re-vote in the House on I commend the gentleman from Puer- an amendment that passed in the Com- carrying on by such corporation, association, educational institution, or society of its ac- to Rico (Mr. FORTUN˜ O) for offering this mittee of the Whole with full participa- tivities. Such recipients shall comply with as an amendment before the Rules tion, the total votes cast would be dif- the other requirements contained in section Committee yesterday. ferent? 654. Mr. Speaker, I now yield the balance ‘‘(c) LIMITATIONS ON USE OF FUNDS FOR The SPEAKER pro tempore. That is of my time to Mr. FORTUN˜ O. correct. CERTAIN PURPOSES.—No funds provided di- ˜ rectly to a religious organization to provide Mr. FORTUNO. Mr. Speaker, thank Mr. PRICE of Georgia. I thank the you for allowing me to speak today on Speaker. assistance under any program described in subsection (a) shall be expended for sectarian the motion to recommit H.R. 1429, the The SPEAKER pro tempore. If not, worship, instruction, or proselytization. Improving Head Start Act of 2007. I the question is on the amendment. ‘‘(d) FISCAL ACCOUNTABILITY.— must commend Chairmen MILLER and The amendment was agreed to. ‘‘(1) IN GENERAL.—Except as provided in KILDEE and Ranking Members MCKEON The SPEAKER pro tempore. The paragraph (2), any religious organization and CASTLE for completing work on question is on the engrossment and providing assistance under any program de- this important reauthorization. third reading of the bill. scribed in subsection (a) shall be subject to The bill was ordered to be engrossed the same regulations as other nongovern- This motion to recommit would en- and read a third time, and was read the mental organizations to account in accord sure that, one, religious organizations with generally accepted accounting prin- third time. that are participating in the Head ciples for the use of such funds provided Start program are allowed to take reli- b 1830 under such program. gion into account in their hiring prac- ‘‘(2) LIMITED AUDIT.—Such organization tices; and, two, religious organizations MOTION TO RECOMMIT OFFERED BY MR. MCKEON shall segregate government funds provided Mr. MCKEON. Mr. Speaker, I offer a under such program into a separate account. that are participating in the Head motion to recommit. Only the government funds shall be subject Start program are not discriminated The SPEAKER pro tempore. Is the to audit by the government.’’. against on the basis of their religious gentleman opposed to the bill? Mr. MCKEON (during the reading). character and are not required to alter Mr. MCKEON. I am in its present Mr. Speaker, I ask unanimous consent their form of governance or remove re- form. that the motion to recommit be consid- ligious art, icons, or scripture or other The SPEAKER pro tempore. The ered as read and printed in the RECORD. symbols if they decide to participate in Clerk will report the motion to recom- The SPEAKER pro tempore. Is there the Federal Head Start program. mit. objection to the request of the gen- Faith-based organizations, such as The Clerk read as follows: tleman from California? churches, synagogues and other faith- Mr. McKeon moves to recommit the bill There was no objection. based charities, are a central part of (H.R. 1429) to the Committee on Education The SPEAKER pro tempore. The gen- the fabric of communities across Amer- and Labor with instructions to report the tleman from California is recognized ica. Many of these organizations pro- bill back to the House forthwith with the fol- for 5 minutes in support of his motion. vide assistance and services to the lowing amendment: Mr. MCKEON. Mr. Speaker, because neediest members of society, offering a Page 172, after line 8, insert the following of a flaw in the Federal Head Start law, helping hand to the least fortunate (and make such technical and conforming faith-based institutions have been changes as may be appropriate): among us. Faith-based organizations forced to relinquish their civil liberties can make a vital contribution to Fed- SEC. 22. OPERATIONAL RULE. if they choose to participate in the The Head Start Act (42 U.S.C. 9831 et seq.) eral assistance programs and are crit- Federal early childhood program we ical to the survival of many commu- is amended by inserting after section 654 the are poised to reauthorize today. following: nities and to the improvement of the A sham of an amendment adopted lives of countless individuals. ‘‘SEC. 654A. OPERATIONAL RULE. earlier today applauded these organiza- ‘‘(a) RELIGIOUS ORGANIZATIONS INCLUDED AS When faith-based groups hire employ- tions but did nothing to protect faith- NONGOVERNMENTAL PROVIDERS.—For any pro- ees on a religious basis, they are exer- based providers’ civil rights. This mo- gram carried out under this subchapter, the cising their civil rights and liberties. Federal Government shall consider, on the tion to recommit does. We have had this debate many times The Civil Rights Act made clear when same basis as other nongovernmental organi- faith-based groups hire employees on a zations, religious organizations to provide before here on the House floor, and the assistance under the program, so long as each time we have had this debate, op- religious basis, it is an exercise of the the program is implemented in a manner ponents of faith-based groups’ federally group’s civil liberties and does not con- consistent with the Establishment Clause of protected right to maintain their reli- stitute ‘‘discrimination’’ under Federal the first amendment to the Constitution. gious nature and character through law. Faith-based providers who are The Federal Government shall not discrimi- those they hire have equated these willing to help provide early childhood nate in the administration of this subchapter education and other critical social against an organization that provides assist- civil liberties as ‘‘discrimination.’’ The 1964 Civil Rights Act makes clear services should not be denied this op- ance under, or applies to provide assistance portunity. under, this subchapter, on the basis that the that faith-based groups may serve their organization has a religious character. communities without being forced to Faith-based organizations cannot be ‘‘(b) RELIGIOUS CHARACTER AND INDEPEND- give up the right to employ individuals expected to sustain their religious mis- ENCE.— who share the tenets and practices of sion without the ability to employ in- ‘‘(1) IN GENERAL.—A religious organization their faith. Mr. Speaker, were the au- dividuals who share the tenets and that provides assistance under a program de- thors of the Civil Rights Act pro-dis- practices of their faith because it is scribed in subsection (a) shall retain its reli- crimination? No. that faith that motivates them to gious character and control over the defini- The United States Supreme Court in serve their neighbors in trouble. With- tion, development, practice, and expression of its religious beliefs. 1987 unanimously reaffirmed the hiring out the right to continue to hire on a ‘‘(2) ADDITIONAL SAFEGUARDS.—The Federal rights for faith-based organizations. religious basis, religious organizations, Government shall not require a religious or- Was the Supreme Court pro-discrimi- in order to avoid such dangers, are ganization— nation? No. likely to simply withdraw from the

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.146 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4377 Federal social service efforts alto- criminate. I have five pastors. All of vote against this motion to recommit gether, to the loss of people in need ev- them are Methodists, and they are paid and not adopt a policy of employment erywhere. with Methodist dollars. Each one of discrimination based upon religion. Constitutional protections are in- them. They are paid out of the stew- The SPEAKER pro tempore. Without cluded. The motion to recommit pro- ardship of the church, and I have the objection, the previous question is or- hibits funds from being used for wor- right to do that. But I don’t have the dered on the motion to recommit. ship, instruction, or proselytization in right to accept Federal dollars and dis- There was no objection. keeping with constitutional require- criminate. The SPEAKER pro tempore. The ments. Minorities have come to Washington question is on the motion to recommit. This motion to recommit does not over the years because this was the The question was taken; and the permit religious organizations to seat of power and it was believed that Speaker pro tempore announced that refuse to assist individuals on the basis if you could get close to the seat of the noes appeared to have it. of religion, a religious belief, or refusal power, freedom would be more avail- RECORDED VOTE to participate in a religious practice. able. The same thing holds true with The nondiscrimination language of the dollars. People go to work for the Fed- Mr. MCKEON. Mr. Speaker, I demand current Head Start statute prevents eral Government, and if they see dol- a recorded vote. discrimination in the provision of serv- lars going to a Head Start program, A recorded vote was ordered. ice on the basis of race, creed, color, they believe automatically that there The SPEAKER pro tempore. Pursu- national origin, sex, political affili- will be no discrimination. And we ant to clause 8 and clause 9 of rule XX, ation, or beliefs. should not, we should not, turn it this 15-minute vote on the motion to Mr. MCKEON. Mr. Speaker, I yield around now. recommit will be followed by 5-minutes back the balance of my time. Mr. GEORGE MILLER of California. votes on passing H.R. 1429, if ordered, Mr. GEORGE MILLER of California. Mr. Speaker, I yield to the gentleman and suspending the rules and adopting Mr. Speaker, I claim time in opposition from Virginia (Mr. SCOTT). House Resolution 243. to the motion to recommit. Mr. SCOTT of Virginia. Mr. Speaker, The vote was taken by electronic de- The SPEAKER pro tempore. The gen- a few weeks ago, Don Imus provoked a vice, and there were—ayes 195, noes 222, tleman is recognized for 5 minutes. national discussion about race, but not voting 16, as follows: Mr. GEORGE MILLER of California. that was just talk. If we pass this mo- [Roll No. 284] Mr. Speaker, I yield to the gentleman tion, we will take action and turn the clock back before 1965. AYES—195 from Texas (Mr. EDWARDS). Aderholt Forbes McKeon Mr. EDWARDS. Mr. Speaker, this This amendment doesn’t allow faith- based programs to get funded. The Akin Fortenberry Mica motion should be called the ‘‘religious Alexander Fossella Miller (FL) job discrimination act.’’ Shuler amendment that we passed re- Bachmann Foxx Miller (MI) As a person of faith who believes minds us that faith-based organiza- Bachus Franks (AZ) Miller, Gary tions can and do sponsor Head Start Baker Frelinghuysen Moran (KS) strongly in the good work of faith- Barrett (SC) Gallegly Murphy, Tim based groups, I rise to passionately op- programs. Bartlett (MD) Garrett (NJ) Musgrave The fact is that any program that pose this ill-advised motion, a motion Barton (TX) Gerlach Myrick can be funded under this amendment Biggert Gilchrest Neugebauer also opposed by the Baptist Joint Com- could be funded anyway if they would Bilbray Gillmor Nunes mittee, the American Jewish Com- Bilirakis Gingrey Pearce agree not to discriminate in employ- Bishop (UT) Gohmert Pence mittee, the Episcopal Church, and the ment. It has nothing to do with sym- NAACP. Blackburn Goode Peterson (PA) bols. It is absurd to suggest that this Blunt Goodlatte Petri Our principle is simple but deeply has anything to do with symbols. Boehner Granger Pickering Bonner Hall (TX) Pitts profound. No American, not one, Whatever problem there is with sym- should ever have to pass another Amer- Bono Hastert Platts bols is a constitutional problem that Boozman Hastings (WA) Poe ican’s private religious test to qualify cannot be solved with a motion to re- Boustany Hayes Porter for a tax-funded Federal job. Not one commit. Brady (TX) Heller Price (GA) American. Mr. Speaker, I shouldn’t Brown (SC) Hensarling Pryce (OH) This is all about discrimination. And Brown-Waite, Herger Putnam have to pass Mr. MCKEON’s test if I am if you can discriminate based on reli- Ginny Hobson Radanovich applying for a Head Start job program, gion, it has racial implications. So Buchanan Hoekstra Ramstad and he should not have to pass my reli- since the 1960s, for 40 years, when you Burgess Hulshof Regula gious test. Burton (IN) Inglis (SC) Rehberg talk about civil liberties, you are talk- Buyer Issa Reichert The fact is that no group in America, ing about the victims of discrimina- Calvert Jindal Renzi which would be possible under this mo- tion. We decided 40 years ago that it Camp (MI) Johnson (IL) Reynolds tion, should be able to accept a $1 mil- Campbell (CA) Johnson, Sam Rogers (AL) was so reprehensible to discriminate in Cannon Jones (NC) Rogers (KY) lion Head Start tax-funded grant and employment that we made it illegal, Cantor Jordan Rogers (MI) then literally, with your tax dollars in even with your own private money. Capito Keller Rohrabacher mind, put up a sign that says no Jews And today, as we talk about discrimi- Carter King (IA) Ros-Lehtinen nor Catholics need apply here for a fed- Castle King (NY) Roskam nation, we ought to think about the Chabot Kingston Royce erally funded job. To do so is morally victims, not the right of the person to Coble Kline (MN) Ryan (WI) wrong. To do so is constitutionally discriminate against the victim. Cole (OK) Knollenberg Sali wrong. No American, no American, not The present law allows the church to Conaway Kuhl (NY) Saxton Crenshaw LaHood Schmidt one, should ever have to choose be- use its own church money, as the gen- Culberson Lamborn Sensenbrenner tween being true to his or her private tleman from Missouri said, to hire Davis (KY) Latham Sessions religious faith and having a federally whom they want. But with Federal Davis, David LaTourette Shadegg funded, tax-funded job. money, just with the Federal money, Davis, Lincoln Lewis (CA) Shimkus Davis, Tom Lewis (KY) Shuler This motion will harm the Head you have not been able to discriminate. Deal (GA) Linder Shuster Start program. It will harm the work So for 40 years, all children in Head Dent LoBiondo Smith (NE) of faith-based groups. Vote ‘‘yes’’ for Start programs have learned that their Diaz-Balart, L. Lucas Smith (NJ) Head Start and ‘‘no’’ for this motion to Diaz-Balart, M. Lungren, Daniel Smith (TX) parents are eligible to be hired by the Doolittle E. Souder recommit. Head Start program regardless of the Drake Mack Stearns Mr. GEORGE MILLER of California. race or religion of the program. They Dreier Manzullo Sullivan Mr. Speaker, I yield to the gentleman have known that for over 40 years. This Duncan Marchant Terry Ehlers Marshall Thornberry from Missouri (Mr. CLEAVER). amendment will determine what the Emerson McCarthy (CA) Tiahrt Mr. CLEAVER. Mr. Speaker, I have next generation of Head Start students English (PA) McCaul (TX) Tiberi been the pastor of the St. James will learn. Everett McCotter Turner United Methodist Church for 33 years. Fallin McCrery Upton We need to defeat this amendment. Feeney McHenry Walberg The bishop gives me the authority to Mr. GEORGE MILLER of California. Ferguson McHugh Walden (OR) bring pastors onto our staff, and I dis- Mr. Speaker, I urge my colleagues to Flake McIntyre Walsh (NY)

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.149 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4378 CONGRESSIONAL RECORD — HOUSE May 2, 2007 Wamp Whitfield Wolf So the motion to recommit was re- Lewis (GA) Payne Slaughter Weldon (FL) Wicker Young (AK) jected. Lewis (KY) Pearce Smith (NE) Weller Wilson (NM) Young (FL) Lipinski Perlmutter Smith (NJ) Westmoreland Wilson (SC) The result of the vote was announced LoBiondo Peterson (MN) Smith (TX) Loebsack Peterson (PA) Smith (WA) NOES—222 as above recorded. Stated against: Lofgren, Zoe Petri Snyder Abercrombie Gutierrez Neal (MA) Lowey Pickering Solis Ackerman Hall (NY) Oberstar Mr. UDALL of Colorado. Mr. Speaker, I was Lucas Platts Souder Allen Hare Obey unavoidably detained and unable to be Lynch Pomeroy Space Altmire Harman Olver present at the time of the vote on the motion Mahoney (FL) Porter Spratt Andrews Hastings (FL) Pallone Maloney (NY) Price (NC) Stark Arcuri Herseth Sandlin Pascrell to recommit H.R. 1429. Had I been present, I Marchant Pryce (OH) Stupak Baca Higgins Pastor would have voted ‘‘no.’’ Markey Putnam Sullivan Baird Hill Payne The SPEAKER pro tempore. The Matheson Rahall Sutton Baldwin Hinchey Pelosi question is on the passage of the bill. Matsui Ramstad Tanner Barrow Hinojosa Perlmutter McCarthy (CA) Rangel Tauscher Bean Hirono Peterson (MN) The question was taken; and the McCarthy (NY) Regula Taylor Becerra Hodes Pomeroy Speaker pro tempore announced that McCaul (TX) Rehberg Terry Berkley Holden Price (NC) the ayes appeared to have it. McCollum (MN) Reichert Thompson (CA) Berman Holt Rahall McCotter Renzi Thompson (MS) Berry Honda Rangel Mr. GEORGE MILLER of California. McDermott Reyes Thornberry Bishop (GA) Hooley Reyes Mr. Speaker, on that I demand the yeas McGovern Reynolds Tiahrt Bishop (NY) Hoyer Rodriguez and nays. McHugh Rodriguez Tiberi Blumenauer Inslee Ross McIntyre Rogers (AL) Tierney Boren Israel Rothman The yeas and nays were ordered. McKeon Rogers (KY) Towns Boswell Jackson (IL) Roybal-Allard The SPEAKER pro tempore. This McNerney Rogers (MI) Turner Boucher Jackson-Lee Ruppersberger will be a 5-minute vote. McNulty Ros-Lehtinen Udall (CO) Boyd (FL) (TX) Rush Meehan Roskam Udall (NM) Boyda (KS) Jefferson Ryan (OH) The vote was taken by electronic de- Meek (FL) Ross Upton Braley (IA) Johnson (GA) Salazar vice, and there were—ayes 365, noes 48, Meeks (NY) Rothman Van Hollen Brown, Corrine Jones (OH) Sa´ nchez, Linda not voting 19, as follows: Melancon Roybal-Allard Vela´ zquez Butterfield Kagen T. Mica Ruppersberger Visclosky Capps Kanjorski Sanchez, Loretta [Roll No. 285] Michaud Rush Walden (OR) Cardoza Kaptur Sarbanes AYES—365 Miller (MI) Ryan (OH) Walsh (NY) Carnahan Kennedy Schakowsky Miller (NC) Ryan (WI) Walz (MN) Carney Kildee Schiff Abercrombie Cleaver Green, Al Miller, George Salazar Wamp Carson Kilpatrick Schwartz Ackerman Clyburn Green, Gene Mitchell Sa´ nchez, Linda Wasserman Castor Kind Scott (GA) Aderholt Cohen Grijalva Mollohan T. Schultz Chandler Kirk Scott (VA) Alexander Cole (OK) Gutierrez Moore (KS) Sanchez, Loretta Waters Clarke Klein (FL) Serrano Allen Conaway Hall (NY) Moore (WI) Sarbanes Watson Clay Kucinich Sestak Altmire Conyers Hall (TX) Moran (KS) Saxton Watt Cleaver Langevin Shays Andrews Cooper Hare Moran (VA) Schakowsky Waxman Clyburn Lantos Shea-Porter Arcuri Costa Harman Murphy (CT) Schiff Weiner Cohen Larsen (WA) Sherman Baca Costello Hastert Murphy, Patrick Schmidt Welch (VT) Conyers Larson (CT) Sires Bachus Courtney Hastings (FL) Murphy, Tim Schwartz Weller Cooper Lee Skelton Baird Cramer Hastings (WA) Murtha Scott (GA) Wexler Costa Levin Slaughter Baldwin Crenshaw Hayes Musgrave Scott (VA) Whitfield Costello Lewis (GA) Smith (WA) Barrow Crowley Heller Myrick Serrano Wicker Courtney Lipinski Snyder Bartlett (MD) Cuellar Herger Nadler Sessions Wilson (NM) Cramer Loebsack Solis Barton (TX) Cummings Herseth Sandlin Napolitano Sestak Wilson (OH) Crowley Lofgren, Zoe Space Bean Davis (AL) Higgins Neal (MA) Shays Wilson (SC) Cuellar Lowey Spratt Becerra Davis (CA) Hill Nunes Shea-Porter Wolf Cummings Lynch Stark Berkley Davis (IL) Hinchey Oberstar Sherman Woolsey Davis (AL) Mahoney (FL) Stupak Berman Davis (KY) Hinojosa Obey Shimkus Wu Davis (CA) Maloney (NY) Sutton Berry Davis, David Hirono Olver Shuler Wynn Davis (IL) Markey Tanner Biggert Davis, Lincoln Hobson Pallone Shuster Yarmuth DeFazio Matheson Tauscher Bilbray Davis, Tom Hodes Pascrell Sires Young (AK) DeGette Matsui Taylor Bilirakis DeFazio Holden Pastor Skelton Young (FL) Bishop (GA) DeGette Holt Delahunt McCarthy (NY) Thompson (CA) NOES—48 DeLauro McCollum (MN) Thompson (MS) Bishop (NY) DeLauro Honda Dicks McDermott Tierney Bishop (UT) Dent Hooley Akin Garrett (NJ) Miller, Gary Dingell McGovern Towns Blackburn Diaz-Balart, L. Hoyer Bachmann Gingrey Neugebauer Doggett McNerney Udall (NM) Blumenauer Diaz-Balart, M. Hulshof Baker Hensarling Pence Blunt Dicks Inslee Donnelly McNulty Van Hollen Barrett (SC) Hoekstra Pitts Boehner Dingell Israel Doyle Meehan Vela´ zquez Burton (IN) Inglis (SC) Poe Bonner Doggett Issa Edwards Meek (FL) Visclosky Campbell (CA) Johnson, Sam Radanovich Ellison Meeks (NY) Walz (MN) Bono Donnelly Jackson (IL) Cantor Jordan Boozman Doyle Jackson-Lee Rohrabacher Ellsworth Melancon Wasserman Carter King (IA) Royce Boren Drake (TX) Coble Kline (MN) Emanuel Michaud Schultz Sali Boswell Dreier Jefferson Culberson Lamborn Eshoo Miller (NC) Waters Sensenbrenner Etheridge Miller, George Watson Boucher Edwards Jindal Deal (GA) Linder Shadegg Farr Mitchell Watt Boustany Ehlers Johnson (GA) Doolittle Lungren, Daniel Stearns Filner Mollohan Waxman Boyd (FL) Ellison Johnson (IL) Duncan E. Frank (MA) Moore (KS) Weiner Boyda (KS) Ellsworth Jones (NC) Feeney Mack Walberg Giffords Moore (WI) Welch (VT) Brady (TX) Emanuel Jones (OH) Flake Manzullo Weldon (FL) Gillibrand Moran (VA) Wexler Braley (IA) Emerson Kagen Foxx McHenry Westmoreland Gonzalez Murphy (CT) Wilson (OH) Brown (SC) English (PA) Kanjorski Franks (AZ) Miller (FL) Brown, Corrine Eshoo Kaptur Gordon Murphy, Patrick Woolsey NOT VOTING—19 Green, Al Murtha Wu Brown-Waite, Etheridge Keller Green, Gene Nadler Wynn Ginny Fallin Kennedy Brady (PA) Graves McMorris Grijalva Napolitano Yarmuth Buchanan Farr Kildee Cubin Hunter Rodgers Burgess Ferguson Kilpatrick Davis, Jo Ann Johnson, E. B. Ortiz Butterfield Filner Kind NOT VOTING—16 Delahunt Lampson Paul Buyer Forbes King (NY) Brady (PA) Graves Ortiz Engel Marshall Price (GA) Calvert Fortenberry Kingston Capuano Hunter Everett Simpson Paul Camp (MI) Fossella Kirk McCrery Cubin Johnson, E. B. Fattah Tancredo Simpson Cannon Frank (MA) Klein (FL) Davis, Jo Ann Lampson Tancredo Capito Frelinghuysen Knollenberg ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Engel McMorris Udall (CO) Capps Gallegly Kucinich Fattah Rodgers The SPEAKER pro tempore (during Capuano Gerlach Kuhl (NY) the vote). Members are advised 2 min- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cardoza Giffords LaHood Carnahan Gilchrest Langevin utes remain in this vote. The SPEAKER pro tempore (during Carney Gillibrand Lantos the vote). Members are advised that Carson Gillmor Larsen (WA) b 1906 there are 2 minutes remaining. Castle Gohmert Larson (CT) So the bill was passed. Castor Gonzalez Latham The result of the vote was announced b 1859 Chabot Goode LaTourette Chandler Goodlatte Lee as above recorded. Mr. BACHUS changed his vote from Clarke Gordon Levin A motion to reconsider was laid on ‘‘no’’ to ‘‘aye.’’ Clay Granger Lewis (CA) the table.

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.079 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4379 Stated for: Hoekstra McNulty Schiff b 1916 Holden Meehan Schmidt Mr. SIMPSON. Mr. Speaker, on rollcall No. Holt Meek (FL) Schwartz So (two-thirds being in the affirma- 285 I was unavoidably detained. Had I been Honda Meeks (NY) Scott (GA) tive) the rules were suspended and the present, I would have voted ‘‘aye.’’ Hooley Melancon Scott (VA) resolution, as amended, was agreed to. Hoyer Mica Sensenbrenner f Hulshof Michaud Serrano The result of the vote was announced Inglis (SC) Miller (FL) Sessions as above recorded. CALLING ON VIETNAM TO IMME- Inslee Miller (MI) Sestak The title of the resolution was Israel Miller (NC) DIATELY AND UNCONDITION- Shadegg amended so as to read: ‘‘Calling on the Issa Miller, Gary Shays ALLY RELEASE POLITICAL PRIS- Jackson (IL) Miller, George Shea-Porter Government of the Socialist Republic ONERS AND PRISONERS OF CON- Jackson-Lee Mitchell Sherman of Vietnam to immediately and uncon- SCIENCE (TX) Mollohan Shimkus ditionally release Father Nguyen Van Jefferson Moore (KS) Shuler Jindal Moore (WI) Ly, Nguyen Van Dai, Le Thi Cong The SPEAKER pro tempore. The un- Shuster Johnson (GA) Moran (KS) Simpson Nhan, Le Quoc Quan, and other polit- finished business is the vote on the mo- Johnson (IL) Moran (VA) Sires ical prisoners and prisoners of con- tion to suspend the rules and agree to Johnson, Sam Murphy (CT) Slaughter Jones (NC) Murphy, Patrick science, and for other purposes’’. the resolution, H. Res. 243, as amended, Smith (NE) on which the yeas and nays were or- Jones (OH) Murphy, Tim A motion to reconsider was laid on Jordan Musgrave Smith (NJ) the table. dered. Kagen Myrick Smith (TX) The Clerk read the title of the resolu- Kanjorski Nadler Smith (WA) f Snyder tion. Kaptur Neal (MA) AUTHORIZING THE CLERK TO Keller Neugebauer Solis The SPEAKER pro tempore. The Kennedy Nunes Souder MAKE CORRECTIONS IN EN- question is on the motion offered by Kildee Oberstar Space GROSSMENT OF H.R. 1429, IM- the gentleman from New Jersey (Mr. Kilpatrick Obey Spratt PROVING HEAD START ACT OF Stark SIRES) that the House suspend the Kind Olver King (IA) Pallone Stearns 2007 rules and agree to the resolution, H. King (NY) Pascrell Stupak Mr. GEORGE MILLER of California. Res. 243, as amended. Kingston Pastor Sullivan Kirk Payne Sutton Mr. Speaker, I ask unanimous consent This will be a 5-minute vote. that, in the engrossment of the bill, The vote was taken by electronic de- Klein (FL) Pearce Tanner Kline (MN) Pence Tauscher H.R. 1429, the Clerk be authorized to vice, and there were—yeas 404, nays 0, Knollenberg Perlmutter Taylor correct section numbers, punctuation, Kucinich Peterson (MN) answered ‘‘present’’ 3, not voting 25, as Terry citations, and cross-references and to follows: Kuhl (NY) Peterson (PA) Thompson (CA) LaHood Petri Thompson (MS) make such other technical and con- [Roll No. 286] Lamborn Pickering Thornberry forming changes as may be appropriate YEAS—404 Langevin Pitts Tiahrt to reflect the actions of the House. Larsen (WA) Platts Tiberi Abercrombie Cannon Ehlers Larson (CT) Pomeroy Tierney The SPEAKER pro tempore. Is there Ackerman Cantor Ellison Latham Porter Turner objection to the request of the gen- Aderholt Capito Ellsworth LaTourette Price (GA) Udall (CO) tleman from California? Akin Capps Emanuel Lee Price (NC) Alexander Capuano Emerson Udall (NM) There was no objection. Levin Pryce (OH) Upton Allen Cardoza English (PA) Lewis (CA) Putnam f Altmire Carnahan Eshoo Van Hollen Lewis (GA) Radanovich ´ Andrews Carney Etheridge Velazquez REPORT ON RESOLUTION PRO- Lewis (KY) Rahall Visclosky Arcuri Carson Fallin Lipinski Ramstad Walberg VIDING FOR CONSIDERATION OF Baca Carter Farr LoBiondo Rangel Walden (OR) H.R. 1592, LOCAL LAW ENFORCE- Bachmann Castle Feeney Loebsack Regula Walsh (NY) Bachus Castor Ferguson Lofgren, Zoe Rehberg MENT HATE CRIMES PREVEN- Walz (MN) Baird Chabot Filner Lowey Reichert TION ACT OF 2007 Wamp Baker Chandler Flake Lucas Renzi Baldwin Clarke Forbes Lungren, Daniel Reyes Wasserman Mr. HASTINGS of Florida, from the Barrett (SC) Clay Fortenberry E. Reynolds Schultz Committee on Rules, submitted a priv- Waters Barrow Cleaver Fossella Lynch Rodriguez ileged report (Rept. No. 110–120) on the Bartlett (MD) Clyburn Foxx Mack Rogers (AL) Watson Barton (TX) Coble Frank (MA) Mahoney (FL) Rogers (KY) Watt resolution (H. Res. 364) providing for Bean Cohen Franks (AZ) Maloney (NY) Rogers (MI) Waxman consideration of the bill (H.R. 1592) to Becerra Cole (OK) Frelinghuysen Manzullo Rohrabacher Weiner provide Federal assistance to States, Berkley Conyers Gallegly Welch (VT) Marchant Ros-Lehtinen local jurisdictions, and Indian tribes to Berman Cooper Garrett (NJ) Markey Ross Weldon (FL) Berry Costa Gerlach Marshall Rothman Weller prosecute hate crimes, and for other Biggert Costello Giffords Matheson Roybal-Allard Westmoreland purposes, which was referred to the Bilbray Courtney Gilchrest Matsui Royce Wexler House Calendar and ordered to be Bilirakis Cramer Gillibrand McCarthy (CA) Ruppersberger Whitfield Bishop (GA) Crenshaw Gillmor McCarthy (NY) Ryan (OH) Wicker printed. Bishop (NY) Crowley Gingrey McCaul (TX) Ryan (WI) Wilson (NM) f Bishop (UT) Cuellar Gonzalez McCollum (MN) Salazar Wilson (OH) Blackburn Culberson Goode McCotter Sali Wilson (SC) GENERAL LEAVE Blumenauer Cummings Goodlatte McGovern Sa´ nchez, Linda Wolf Mr. BAIRD. Mr. Speaker, I ask unan- Blunt Davis (AL) Gordon McHenry T. Woolsey Boehner Davis (CA) Granger McHugh Sanchez, Loretta Wu imous consent that all Members may Bonner Davis (IL) Green, Al McIntyre Sarbanes Wynn have 5 legislative days within which to Bono Davis (KY) Green, Gene McKeon Saxton Yarmuth revise and extend their remarks and in- Boozman Davis, David Grijalva McNerney Schakowsky Young (FL) Boren Davis, Lincoln Gutierrez clude extraneous material on the bill, Boswell Davis, Tom Hall (NY) ANSWERED ‘‘PRESENT’’—3 H.R. 1867, as amended. Boucher Deal (GA) Hall (TX) Conaway Gohmert Poe The SPEAKER pro tempore. Is there Boustany DeFazio Hare Boyd (FL) DeGette Harman NOT VOTING—25 objection to the request of the gen- Boyda (KS) Delahunt Hastert Brady (PA) Lampson Ortiz tleman from Washington? Brady (TX) DeLauro Hastings (FL) Cubin Lantos Paul There was no objection. Braley (IA) Dent Hastings (WA) Davis, Jo Ann Linder Roskam Brown (SC) Diaz-Balart, L. Hayes f Engel McCrery Rush Brown, Corrine Diaz-Balart, M. Heller Everett McDermott Brown-Waite, Dicks Hensarling Skelton PERMISSION TO REDUCE TIME Fattah McMorris Tancredo FOR ELECTRONIC VOTING DUR- Ginny Dingell Herger Graves Rodgers Buchanan Doggett Herseth Sandlin Towns ING CONSIDERATION OF H.R. 1867, Hunter Murtha Young (AK) Burgess Donnelly Higgins Johnson, E. B. Napolitano NATIONAL SCIENCE FOUNDATION Burton (IN) Doolittle Hill Butterfield Doyle Hinchey ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE AUTHORIZATION ACT OF 2007 Buyer Drake Hinojosa The SPEAKER pro tempore (during Mr. HOYER. Mr. Speaker, I ask Calvert Dreier Hirono Camp (MI) Duncan Hobson the vote). Members are advised they unanimous consent that, during con- Campbell (CA) Edwards Hodes have 2 minutes remaining in this vote. sideration of H.R. 1867 pursuant to

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.082 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4380 CONGRESSIONAL RECORD — HOUSE May 2, 2007 House Resolution 349, the Chair may the world. Some economists estimate Dr. EHLERS, Ms. JOHNSON, Ms. HOOLEY, reduce to 2 minutes the minimum time that half of the U.S. economic growth Mr. GINGREY, Chairman GORDON and for electronic voting under clause 6 of since World War II has been the result Ranking Member HALL, for helping to rule XVIII and clauses 8 and 9 of rule of technological innovation stemming improve this bill and move it expedi- XX. from basic research and development. tiously through the committee process. The SPEAKER pro tempore. Is there NSF also has a mission to achieve ex- This was a bipartisan effort from be- objection to the request of the gen- cellence in U.S. science, technology, ginning to end. tleman from Maryland? engineering and mathematics edu- Mr. Chair, this bill is critical to There was no objection. cation at all levels and in all settings American innovation and competitive- f from kindergarten through ness. I urge my colleagues to support postdoctoral training. passage of H.R. 1867. NATIONAL SCIENCE FOUNDATION I don’t think we can stress enough Mr. Chairman, I reserve the balance AUTHORIZATION ACT OF 2007 the critical leadership role that NSF of my time. The SPEAKER pro tempore. Pursu- has in improving STEM education, and Mr. HALL of Texas. Mr. Chairman, I ant to House Resolution 349 and rule I want to especially thank Science and yield myself such time as I may con- XVIII, the Chair declares the House in Technology Chairman GORDON for tire- sume. the Committee of the Whole House on less efforts on these issues. Mr. Chairman, I rise today, of course, the state of the Union for the consider- In addition to supporting research in support of H.R. 1867, which author- ation of the bill, H.R. 1867. and education grants at colleges and izes funding for the National Science Foundation for the next 3 years. As b 1920 universities across the country, NSF also helps to support the construction most of us know, NSF is one of three IN THE COMMITTEE OF THE WHOLE of world-class research facilities and agencies targeted by the President’s Accordingly, the House resolved equipment that help to attract the top American Competitiveness Initiative. itself into the Committee of the Whole scientists and engineers from around The ACI aims to double the Federal in- vestment in physical science research House on the state of the Union for the the world to U.S. universities. consideration of the bill (H.R. 1867) to As we have seen high-paying jobs over the next 10 years. Appropriate in- authorize appropriations for fiscal outsourced, our children graduating vestment in research development years 2008, 2009, and 2010 for the Na- high school well behind their inter- technology and math and science edu- cation will ensure that our country re- tional Science Foundation, and for national peers in understanding basic mains the world leader in competitive- other purposes, with Mr. ALTMIRE in science, other nations surging ahead in ness and innovation. the chair. export of high-tech products, it has fi- The Clerk read the title of the bill. The National Science Foundation is nally sunk in, funding basic research the primary source of Federal funding The CHAIRMAN. Pursuant to the and teaching our kids math and science rule, the bill is considered read the for nonmedical basic research con- has a huge impact on our economy, our ducted at colleges and universities and first time. competitiveness, our national security, The gentleman from Washington (Mr. serves as a catalyst for science, for and our population’s well-being. technology, for engineering, and math- BAIRD) and the gentleman from Texas H.R. 1867, like H.R. 362 and H.R. 363, ematics education reform at all levels. (Mr. HALL) each will control 30 min- two other Science and Technology utes. The return that we receive from our Committee bills that passed the House NSF investments far exceeds the cost. The Chair recognizes the gentleman just last week, is one more important from Washington. In addition, the NSF peer review proc- piece of the House leadership’s innova- ess for receiving Federal funding is to Mr. BAIRD. Mr. Speaker, I yield my- tion agenda. It is also consistent with self such time as I may consume. be an example for all Federal agencies the administration’s own American and one in which I hope all of my col- (Mr. BAIRD asked and was given per- Competitiveness Initiative, which mission to revise and extend his re- leagues more fully recognize as an ap- called for a 10-year doubling for three propriate means of investment. marks.) science agencies, the National Science As reported, this is a good bill. I Mr. BAIRD. Mr. Chairman, I rise in Foundation, the National Institute of thank Chairman GORDON and Dr. BAIRD support today of H.R. 1867, the Na- Standards and Technology, and the De- for working with Dr. EHLERS and with tional Science Foundation Authoriza- partment of Energy’s Office of Science. me to make improvements in the tion Act of 2007. H.R. 1867 was developed with input measure. I urge my colleagues to sup- H.R. 1867 was introduced by myself, received during two subcommittee leg- port it. the gentleman from Michigan (Mr. islative hearings, a number of other Mr. Chairman, I reserve the balance EHLERS), and several other members of NSF policy hearings held over the last of my time. the Subcommittee on Research and many months, and countless informal Mr. BAIRD. Mr. Chairman, I yield 3 Science Education. It was ordered re- conversations with NSF stakeholders minutes to the gentlewoman from Or- ported by the unanimous vote of the both inside and outside of government. egon (Ms. HOOLEY), who has been a Committee on Science and Technology, Dr. EHLERS and I personally traveled tireless member of this subcommittee and is widely supported by industry over to NSF last month to meet with and has championed the issue of under- and academia. the Director and all of the Assistant graduate research, which is critical in The National Science Foundation Directors to receive their personal preparing our students for the future. was last authorized by Congress in 2002 input. Ms. HOOLEY. I would like to thank for 5 years, so we are right on track to In drafting H.R. 1867, we tried to Chairman BAIRD for yielding me time ensure the continued growth and rel- limit it to policy, administrative and to speak on this important piece of leg- evance of this very important agency. budget issues that have arisen since islation and your incredible leadership The National Science Foundation is the last authorization in 2002, while on this issue. the only Federal agency whose mission leaving the Foundation with maximum The bill we have before us today will is to support science and engineering flexibility in translating our guidance strengthen the National Science Foun- research across all disciplines. Cur- into practice. dation and allow it to better serve the rently NSF funds 20 percent of all basic Likewise, we minimized the specific needs of this country both today and research conducted at American col- carve-outs, especially in the research well into the future. leges and universities. In many fields account, where all of the grants are The Foundation is unique among the such as mathematics, computer awarded through a competitive, merit- Federal Government’s scientific re- sciences and social science, NSF is the reviewed process, and where the Foun- search agencies in that it supports major source of Federal backing. dation often needs to respond quickly science and engineering across all dis- In its 57-year history, NSF has helped to new fields of science and new ways ciplines. Each year the National cultivate a scientific research enter- of doing science. Science Foundation supports an aver- prise in which the capacity for cre- I want to especially thank all my col- age of 200,000 scientists, engineers, edu- ativity and innovation is unrivaled in leagues on the committee, especially cators and students at universities,

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.157 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4381 laboratories and field sites all over the results, and that is extremely impor- Mr. Chairman, I reserve the balance United States and throughout the tant to the foundations of science. of my time. world. The National Science Foundation has Mr. BAIRD. Mr. Chairman, I just The NSF plays a critical role in help- done so many good things since its in- want to say how much I appreciate Dr. ing the United States maintain its po- ception, and as I said, it is one of the EHLERS for his wisdom, his knowledge, sition at the forefront of global innova- leaders in the world. his friendship and his leadership on tion and technology. The NSF provides It also has received awards from the this. There are few Members of Con- funding and support for research at the Office of Management and Budget just gress, or even, I think, few other people Nation’s leading universities and lab- within the past few years as the most in the country who know these issues oratories to develop products and ma- efficiently run government agency. as well as Dr. EHLERS. He has been a terials to further our economy. Now, that is indeed an important prize. teacher to students for many years and Examples of recent discoveries by I understand we are going to have a few a teacher to those of us on the com- NSF-funded research include new ma- amendments to try to reduce the budg- mittee as well. terials to make solar panels more ef- et of the National Science Foundation, I thank Dr. EHLERS for his fine com- fective, technologies to make airport and I think it is absurd to punish the ments. screening more efficient, and the best-operated government agency Mr. Chairman, I yield 2 minutes to world’s strongest superglue based on while we are continuing to fund other the gentleman from Missouri (Mr. water-loving bacteria. agencies which do not do as well, and CARNAHAN), a valued member of the By supporting students at each phase we are not reducing their budget. committee who has led critical efforts in the educational system, the NSF Another factor is we often talk in the on this legislation. helps our future scientists and engi- Congress about investments. Some- Mr. CARNAHAN. Mr. Chairman, I neers turn ideas into innovation. times I think we never spend a penny rise in strong support of H.R. 1867, the I am particularly pleased that the of our money; we invest it all because National Science Foundation Reau- committee has agreed to include lan- everyone talks about their particular thorization Act of 2007. guage in the reauthorization that di- project as a good investment. Well, let I really want to thank Chairman rectly ties funding for the Research Ex- me tell you, if we are investing money GORDON, Chairman BAIRD and Ranking perience for Undergraduates Program here we will get a higher rate of return Member EHLERS for their work on this to funding levels at the NSF. One of on the money that we invest in the Na- bill. Under their leadership, our com- the few NSF programs devoted specifi- tional Science Foundation than in any mittee has produced a remarkable cally to undergraduates, this program other government agency, except per- amount of quality legislation, includ- has suffered from a declining budget haps NIH, simply because the results ing this bill before the House tonight. for the past 3 years. By tying the fund- are so astounding and so ripe for devel- Our country’s global competitiveness ing for the program to the overall fund- opment by the manufacturing sector. is directly linked to the ability of our ing of NSF, we will allow students ac- I could give many, many examples, math, science and engineering profes- cess to the resources they need to fur- but let me just mention one. A friend sionals to develop innovative tech- ther their research at their own of mine, Charlie Townes, a number of nologies, policies and scientific break- schools and at institutions across the years ago, decided that he could de- throughs. country. velop a laser. Now, LASER stands for Yet while it is important to support This legislation is not only good for lamp amplification by stimulated these professionals and their industries students, teachers, scientists and engi- emission of radiation. The initiative today, it is perhaps of even greater im- neers, but it is good for the United for that discovery came originally portance to support their professions States in our leading the world on our from Einstein in the early 1900s. In the and industries of tomorrow. innovation which drives our economy. 1930s, a theoretical physicist predicted In order for our Nation to compete I urge my colleagues to join me in that stimulated emission would result with countries around the world, we supporting this bill. And again, I thank from a photon hitting an excited atom, must ensure that we increase the edu- my colleague Representative BAIRD for yielding two photons of the same wave- cational opportunities for our youth to all of his hard work on this piece of length and the same phase traveling in study and pursue careers in math, legislation. the same direction. Mr. Townes decided science and engineering, while also in- he could build a laser out of this, and vesting in programs to enrich the qual- (1930) b in fact, he did. ity of these opportunities. Mr. EHLERS. Mr. Chairman, I yield I do not know what types of grants Making both research and the edu- myself such time as I may consume. he had, but I think the total was prob- cation of our children a national pri- I am pleased to join the speakers in ably less than $10 million. Today, the ority is not simply an investment in rousing approval of this bill, the Na- laser industry is a multi, multi, multi- these fields. Our global competitive- tional Science Foundation Authoriza- billion dollar industry. ness is directly tied to our Nation’s tion Act of 2007. As a scientist, I have Every sewer that has been laid in economy and national security. been familiar with the National this Nation and most parts of the world NSF plays a critical role in influ- Science Foundation almost since its for the last 30 years has been leveled encing our global competitiveness as it inception. It is an outstanding Amer- with a beam of laser light. Every suit, supports science and engineering ican institution. It is the best science every piece of clothing that the people across all disciplines. research institution in the world in in this room are wearing has been cut Each year NSF supports an average terms of their strong peer review and out by a laser light, not scissors, but of about 200,000 scientists, engineers, the good results. lasers guided around, cutting out the educators and students at universities, Just a few weeks ago, we had the an- patterns before they are sewn together. laboratories and field sites all over the nouncement of the latest round of I could go on and on with many other U.S., including many great institutions Nobel Prize winners. All of the Nobel examples, including medical examples, in my home State of Missouri. Prize winners this year in the sciences by the way. H.R. 1867 authorizes the necessary were from the United States, and one So that small investment of about funds for NSF which will allow the of them was formerly funded by the $10 million resulted in thousands and agency to foster relationships between National Science Foundation. thousands of billions of dollars in our academia and industry in order to The National Science Foundation has economy. That is why it is totally ab- spawn U.S. competitiveness and fur- now provided funding for 170 individ- surd for anyone to think about reduc- ther the Agency’s traditions of edu- uals who have gone on to win the Nobel ing the budget of the NSF. If anything, cation in science, technology, engi- Prize. By far, we are the leader among we should increase it because the pay- neering and math, the STEM, fields. all the Nations, and it is not just our back on our investment there is so I urge my colleagues to invest in the population. It is our ability to engage good, so strong, that we should be in- future of our children, in our country’s in meaningful and good research, re- creasing NSF funding, not decreasing global competitiveness and support search that results in earth-changing it. this bill.

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.159 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4382 CONGRESSIONAL RECORD — HOUSE May 2, 2007 Mr. EHLERS. Mr. Chairman, I con- Mr. Chairman, earlier today I had the very impressed with the work they did tinue to reserve the balance of my opportunity to meet with five Amer- on it. I am very appreciative of the time. ican scientists who each just recently very hard work that they did in put- Mr. BAIRD. Mr. Chairman, I am won a Nobel Prize. They all emphasize ting together a bill, including direct happy to yield 3 minutes to the gen- that continued support of the NSF is interaction with members of NSF, tleman from Illinois (Mr. LIPINSKI). crucial to America’s future success, talking to scientists who were familiar Mr. LIPINSKI. Mr. Chairman, as a just as it is critical to their successes. with the NSF, scientists who had re- past NSF grant recipient, I rise today So, as a proud cosponsor of this bill, ceived funds from NSF, and out of all in strong support of H.R. 1867, the Na- I urge the House to heed the advice of that, we have written a bill that I tional Science Foundation Reauthor- those on the cutting edge of science think is a very good one. ization Act of 2007. I want to thank and take another step in bolstering b 1945 Chairman GORDON, Chairman BAIRD American competitiveness by passing and Dr. EHLERS for their work in bring- H.R. 1867. My colleagues and I on the Science ing this strong bill to the floor today. Mr. BAIRD. Mr. Chairman, it is a and Technology Committee have intro- Today, we stand at the cusp of nu- real privilege and honor to yield such duced a strong reauthorization bill for merous technological breakthroughs time as he may consume to the gen- the National Science Foundation. It is a straightforward 3-year bill which pro- that will completely revolutionize our tleman from Tennessee (Mr. GORDON), way of life; from hydrogen and other Chair of the committee. Before he vides authorization for the various re- advanced fuels technologies that will speaks, I just want to say what a privi- search and education activities of the National Science Foundation. free us from our addiction to oil, to lege it is to serve with him and to offer I am pleased that this bill establishes nanotechnology that has the potential that years from now, there will be to impact virtually every sector of our a pathway to double the total budget of Americans benefiting from techno- the Foundation. In 2002, Congress economy. logical and scientific innovations and Much of this research has been made wholeheartedly supported a 5-year dou- in particular young people, scholars, possible by grants from NSF, and by bling path for the Foundation, and I benefiting from the education initia- passing this bill we are continuing our strongly supported that and was very tives championed by Mr. GORDON. They support of American researchers, sci- pleased to vote for it. may not know of the work done. He has entists, engineers, educators and stu- Unfortunately, appropriations have done a great job, a bipartisanship ap- dents who will ensure that these break- fallen far short of that target. Last proach to this committee. It is a privi- throughs continue and that America year I had consultations with the lege to serve with him. continues to lead the world techno- President, and partly as a result of Mr. GORDON of Tennessee. Mr. logically and economically. those consultations, the President in- I would like to point out that consid- Chairman, I thank Dr. BAIRD. troduced a plan known as the Amer- Let me just say that I have a 6-year- eration of this legislation comes on the ican Competitiveness Initiative that old daughter at home, and I am very heels of last week’s passage of the sought to double the research budgets 10,000 Teachers, 10 Million Minds and concerned that she could be a part of of the National Science Foundation, Sowing the Seeds legislation. Both of the first generation of Americans to in- National Institute of Standards and these bills were introduced in response herit a national standard of living less Technology and the Department of En- to the recommendations of the Rising than their parents, a complete reversal ergy’s Office of Science over the next Above the Gathering Storm report, of the American Dream. And if we are 10 years. In other words, twice as slow which was commissioned by Congress going to avoid this, it is very, very im- as the previous decision of the Con- to help the U.S. compete, prosper and portant that we follow through on the gress. be secure in the global community of recommendations of the report on Ris- I would prefer the faster increase, but the 21st century. ing Above the Gathering Storm. I recognize realities and the tough fi- This legislation we are considering Now, last week we did. We got a good nancial conditions we have. So I am today, which puts us on a path to dou- start. Last week, we passed the K–12 pleased to sign on with doubling over ble NSF funding over 10 years, will fur- improvements in math and science 10 years. ther build our commitment to competi- education, as well as investments in The National Science Foundation tiveness, being led in the House by our education system in other regards. was included in the ACI because it con- Chairman GORDON. This week, we are going to take an- ducts world-class research in areas The NSF has a broad mission of sup- other step forward, and that is follow that support new, innovative tech- porting science and engineering and the recommendations of increasing our nologies, which, in turn, lead to ad- funding basic research across many dis- commitment to basic research. vances in telecommunications, home- ciplines. Basic research is very nec- Tonight, we are going to pass the Na- land security, alternative energy and essary, yet oftentimes, because it does tional Science Foundation authoriza- other areas of great importance to our not directly, only indirectly lead to ad- tion which will double the National Nation. vances, does not receive private fund- Science Foundation. Tomorrow, we are I have the utmost confidence that ing. The NSF does this. going to double the NEST budget. the National Science Foundation will This legislation also specifically calls Let me on behalf of my daughter, I use the authorized funds in the most on the director of NSF to give special want to thank Dr. BAIRD, I want to prudent manner, as NSF consistently consideration to research proposals thank Dr. EHLERS and our excellent earns the highest possible score in the having high importance for future na- staff for working together in a bipar- annual Office of Management and tional economic competitiveness. This tisan way. I want to remind everyone Budget ratings of financial and budget is critically needed. that this is a bill that came out of the performance. One example is nanotechnology, a Science and Technology Committee The National Science Foundation very promising field of research that unanimously because it is a good bill, Authorization Act of 2007 will support has the potential to revolutionize our it was worked on together in a bipar- the education and training of more society from defense to health care to tisan, Democrats, Republicans, with a than 225,000 scientists, engineers, energy to environmental cleanup. This very good staff. Again, I thank you for teachers and students. In addition to will help. the great work you did, and my daugh- discipline-specific research, NSF ac- The bill also gives special consider- ter thanks you even more. tivities include cross-cutting initia- ation to partnerships between aca- Mr. EHLERS. Mr. Chairman, I yield tives on nanotechnology, networking demics, industrial scientists and busi- myself such time as I may consume. and information technology, climate nesses. I have spoken to a lot of profes- Mr. Chairman, I rise today in strong science change and the International sors and administrators at universities support of the National Science Foun- Polar Year. who say this is a major problem in our dation Authorization Act of 2007. I ap- It also supports the construction of country of taking research and getting preciate the kind words offered by Mr. major research facilities that are it to the market, and this will help to BAIRD and Mr. GORDON, and frankly, shared within and across many dis- do this. producing this bill was a lovefest. I am ciplines of the scientific community.

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.162 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4383 NSF research and activities touch Mr. EHLERS. Mr. Chairman, I am viding direction to the U.S. EPA in a every State of this Nation and provide pleased to yield such time as he may letter to that effect. tremendous support at all levels of edu- consume to Mr. KIRK for a colloquy. Mr. KIRK. I thank the chairman for cation. Mr. KIRK. I thank the gentleman, that. I look forward to seeing the com- NSF is a unique agency because it is one of the only working scientists serv- mittee’s letter, because I think it will the only agency with a primary mis- ing in the Congress. move the ball significantly to help this sion of supporting fundamental sci- I had intended to offer an amendment Congress redress a growing danger. entific research, as well as engineering to this legislation with regard to the To the gentleman from Michigan, a research. Unlike some of our other mercury issue, but working with the leader on Great Lakes protection, and science agencies, NSF is not a mission committee, I understand the better removing environmental contamina- agency in the sense that it has an es- place I am talking about is in the EPA tion, I thank him for working on this tablished program to target. In fact, it Office of Science. issue. solves many problems through the So I would like to say that I strongly Mr. EHLERS. I thank the gentleman process of fundamental research, often support investment in scientific and for those comments. We will be happy in a serendipitous manner. mathematical research, but I would to continue working with him. As Nobel Prize winner Theodore like to engage in a colloquy with the Mr. Chairman, I reserve the balance Svedberg remarked, as he accepted his chairman, especially to emphasize how of my time. reward in 1926, ‘‘A glance at the history essential it is for comprehensive and Mr. BAIRD. Mr. Chairman, I yield of science and technics shows that it is frequent research on mercury levels in myself such time as I may consume in precisely the search for truth without one of our Nation’s most treasured eco- order to engage in a colloquy with the gentlelady from California (Ms. WOOL- any preconceived ideas, research for systems, the Great Lakes. the sake of knowledge alone, that in Mercury pollution is now a serious SEY). Ms. WOOLSEY. Thank you, Mr. the long run has most benefited hu- problem for my district in northern Il- Chairman, for giving me this oppor- manity. The investigations which have linois, as well as across the Nation. tunity to talk about the importance of seemingly been the most purely ab- The Great Lakes are particularly vul- research into the environmental, cul- stract have often formed the founda- nerable to exposure, as 36 percent of tural and health impacts of intro- tion of the most important changes or mercury emissions are generated in the improvements in the conditions of ducing new genetically modified plants Great Lakes region. and animals into our agriculture, hor- human life.’’ In fact, there are currently 18 fish ticulture and aquaculture systems. It is challenging in this day and age advisories for mercury contamination to support this type of research. The The National Science Foundation, in the region, yet the Great Lakes are which supports a broad range of basic U.S. has many pressing needs that re- a source of food and especially drink- quire solutions on very short time research in the biological sciences, is ing water for over 40 million Ameri- well equipped to perform this basic re- lines, particularly related to national cans. This undoubtedly contributes to security and the health of our aging search that will help us develop more the recent estimate that the U.S. Gov- sustainable approaches to pest manage- population. For this reason and others, ernment has seen more than 300,000 we have seen companies decrease their ment, understand and manage unique American babies born each year with a environmental and health risks, and investments in long-term research risk of mercury poisoning. projects. Nevertheless, economists even discover ways in which modified It’s critical that we begin to take an plants could provide environmental have confirmed the accuracy of Dr. annual inventory of mercury levels in Svedberg’s statement that funda- benefits. the Great Lakes to understand the Mr. Chairman, this is critical re- mental research has, indeed, paid the sources of this pollution and especially highest dividends to humanity over the search that the National Academy of the trend to see whether this danger is Sciences has called for in a recent re- years. growing. With this information the Estimated return on investment in port. While I am not offering an Congress would be able to provide more research and development is difficult amendment to this bill before us today, effective and comprehensive regulation to calculate, but generally ranges from I do ask for your help in raising the of mercury pollution and mitigation of 20 to 400 percent. That is an incredible profile of this very important issue as its harmful effects. payback. Furthermore, past invest- you proceed with the bill. I would like to thank Chairman ments in NSF have contributed greatly Mr. BAIRD. I would like to thank the BAIRD for agreeing to engage in this to major technological advances in gentlelady for bringing this issue to colloquy on this important matter, and areas and industries that are critical our attention. It is indeed an impor- I appreciate all his support in working for U.S. economic growth such as bio- tant area of research for our Federal to ensure that we have the most com- medical applications. Government, and for NSF in par- The former Director of the National prehensive, scientific, accurate and ticular. I appreciate and respect very Institutes of Health, Harold Varmus, is timely information on mercury con- much your continued interest and lead- well-known for his following state- tamination. I look forward to working ership on this. We would be happy to ment: ‘‘Medical advances may seem with the chairman on this issue. work with you as we proceed towards like wizardry. But pull back the cur- Mr. BAIRD. I very much thank the conference about raising the profile of tain, and sitting at the lever is a high- gentleman for working so closely with this issue and the importance of this energy physicist, a combinational us and with Ranking Member EHLERS research. chemist or an engineer.’’ on this. I absolutely agree with the Ms. WOOLSEY. Thank you, Mr. Continued support for fundamental gentleman from Illinois on the impor- Chairman. I look forward to working research lays the groundwork for inno- tance of mercury in the Great Lakes, with you. vations in other disciplines that di- and I applaud him for raising this Mr. BAIRD. Mr. Chairman, I reserve rectly impact the lives of every Amer- issue. It is crucial that we continue to the balance of my time. ican. We are here today to authorize a gather the necessary data in order to Mr. EHLERS. Mr. Chairman, I yield continued investment in this type of protect current and future generations back the balance of my time. NSF groundbreaking work. in the environment from dangerous Mr. BAIRD. Mr. Chairman, to close, I thank Chairman BAIRD and his dedi- mercury exposure. I am aware and ap- let me just once again express my deep cated staff for their work on preparing preciate the gentleman understands gratitude and tremendous respect to this bill in a bipartisan manner, and that the National Science Foundation Dr. EHLERS for his leadership, not only encourage my colleagues to support it. does not generally engage in this type now as ranking member, but over the Mr. Chairman, I reserve the balance of research, and, as indicated, it is real- years he has served on this committee. of my time. ly more the appropriate domain of the Quite literally there has been no more Mr. BAIRD. At this point I under- Environmental Protection Agency. tireless and effective advocate for this stand Mr. KIRK would like to engage in Accordingly, I will be happy to work legislation and for science in general a colloquy. Would Mr. EHLERS care to with the gentleman from Illinois, and I than Dr. EHLERS. We all respect and ad- yield some time to him for that? look forward to the committee pro- mire that and appreciate that greatly.

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.164 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4384 CONGRESSIONAL RECORD — HOUSE May 2, 2007 I also want to express my apprecia- The CHAIRMAN. Are there any (A) $5,863,200,000 shall be made available for tion to Chairman GORDON, whom I ac- amendments to section 2? research and related activities, of which knowledged earlier and thanked for his The Clerk will designate section 3. $131,700,000 shall be made available for the The text of section 3 is as follows: Major Research Instrumentation program; leadership, Ranking Member HALL. I (B) $1,003,000,000 shall be made available for want to express a special gratitude to SEC. 3. AUTHORIZATION OF APPROPRIATIONS. education and human resources, of which— my own staff member, Hilary Cain, for (a) FISCAL YEAR 2008.— (i) $107,600,000 shall be for Mathematics and her leadership on this and great coun- (1) IN GENERAL.—There are authorized to be Science Education Partnerships established sel; as well as the committee staff, Jim appropriated to the Foundation $6,500,000,000 under section 9 of the National Science Founda- Wilson and Dahlia Sokolov for their for fiscal year 2008. tion Authorization Act of 2002 (42 U.S.C. 1862n); (2) SPECIFIC ALLOCATIONS.—Of the amount tireless efforts. They have spent hours (ii) $133,000,000 shall be for the Robert Noyce authorized under paragraph (1)— Scholarship Program established under section and hours on this. We are grateful. (A) $5,080,000,000 shall be made available for 10 of the National Science Foundation Author- With that, as Dr. Ehlers and others research and related activities, of which ization Act of 2002 (42 U.S.C. 1862n–1); have so eloquently said, this is a good $115,000,000 shall be made available for the (iii) $60,000,000 shall be for the Science, Math- bill, it is a bipartisan bill. It has the Major Research Instrumentation program; ematics, Engineering, and Technology Talent endorsement of a long list of sponsors, (B) $873,000,000 shall be made available for Expansion Program established under section who I did not enumerate here in the in- education and human resources, of which— 8(7) of the National Science Foundation Author- terests of time, but virtually every (i) $94,000,000 shall be for Mathematics and ization Act of 2002 (Public Law 107–368); and Science Education Partnerships established (iv) $59,100,000 shall be for the Advanced major scientific organization as well as under section 9 of the National Science Founda- Technological Education program as established leaders in industry and in academia tion Authorization Act of 2002 (42 U.S.C. 1862n); by section 3(a) of the Scientific and Advanced- have endorsed this bill strongly. It is a (ii) $70,000,000 shall be for the Robert Noyce Technology Act of 1992 (Public Law 102–476); bill that this committee and this body Scholarship Program established under section (C) $280,000,000 shall be made available for should pass. I urge its passage. 10 of the National Science Foundation Author- major research equipment and facilities con- I urge a ‘‘yes’’ vote. ization Act of 2002 (42 U.S.C. 1862n–1); struction; Mr. Chairman, I yield back the bal- (iii) $44,000,000 shall be for the Science, Math- (D) $329,450,000 shall be made available for ematics, Engineering, and Technology Talent agency operations and award management; ance of my time. (E) $4,250,000 shall be made available for the The CHAIRMAN. All time for general Expansion Program established under section 8(7) of the National Science Foundation Author- Office of the National Science Board; and debate has expired. ization Act of 2002 (Public Law 107–368); and (F) $13,100,000 shall be made available for the Pursuant to the rule, the amendment (iv) $51,620,000 shall be for the Advanced Office of Inspector General. in the nature of a substitute printed in Technological Education program established by (d) MAJOR RESEARCH INSTRUMENTATION.— the bill shall be considered as an origi- section 3(a) of the Scientific and Advanced- (1) AWARD AMOUNT.—The minimum amount of an award under the Major Research Instrumen- nal bill for the purpose of amendment. Technology Act of 1992 (Public Law 102–476); (C) $245,000,000 shall be made available for tation program shall be $100,000. The maximum No amendment to that amendment amount of an award under the program shall be shall be in order except those printed major research equipment and facilities con- struction; $4,000,000, except if the total amount appro- in the designated place in the CONGRES- (D) $285,600,000 shall be made available for priated for the program for a fiscal year exceeds SIONAL RECORD and pro forma amend- agency operations and award management; $125,000,000, in which case the maximum ments for the purpose of debate. Each (E) $4,050,000 shall be made available for the amount of an award shall be $6,000,000. (2) USE OF FUNDS.—In addition to the acquisi- amendment so printed may be offered Office of the National Science Board; and tion of instrumentation and equipment, funds only by the Member who caused it to (F) $12,350,000 shall be made available for the made available by awards under the Major Re- Office of Inspector General. be printed or his designee and shall be search Instrumentation program may be used to (b) FISCAL YEAR 2009.— considered read. support the operations and maintenance of such Without objection, each section of (1) IN GENERAL.—There are authorized to be appropriated to the Foundation $6,980,000,000 instrumentation and equipment. the amendment shall be considered as (3) COST SHARING.— for fiscal year 2009. (A) IN GENERAL.—An institution of higher read. PECIFIC ALLOCATIONS.—Of the amount (2) S education receiving an award shall provide at There was no objection. authorized under paragraph (1)— least 30 percent of the cost from private or non- The Clerk will designate section 1. (A) $5,457,400,000 shall be made available for The text of section 1 is as follows: Federal sources. research and related activities, of which (B) EXCEPTIONS.—Institutions of higher edu- H.R. 1867 $123,100,000 shall be made available for the cation that are not Ph.D.-granting institutions Be it enacted by the Senate and House of Rep- Major Research Instrumentation program; are exempt from the cost sharing requirement in resentatives of the United States of America in (B) $934,000,000 shall be made available for subparagraph (A), and the Director may reduce Congress assembled, education and human resources, of which— or waive the cost sharing requirement for— SECTION 1. SHORT TITLE. (i) $100,600,000 shall be for Mathematics and (i) institutions— This Act may be cited as the ‘‘National Science Education Partnerships established (I) which are not ranked among the top 100 Science Foundation Authorization Act of 2007’’. under section 9 of the National Science Founda- institutions receiving Federal research and de- tion Authorization Act of 2002 (42 U.S.C. 1862n); The CHAIRMAN. Are there any velopment funding, as documented by the statis- (ii) $101,000,000 shall be for the Robert Noyce tical data published by the Foundation; and amendments to section 1? Scholarship Program established under section (II) for which the proposed project will make The Clerk will designate section 2. 10 of the National Science Foundation Author- a substantial improvement in the institution’s The text of section 2 is as follows: ization Act of 2002 (42 U.S.C. 1862n–1); capabilities to conduct leading edge research, to SEC. 2. DEFINITIONS. (iii) $55,000,000 shall be for the Science, Math- provide research experiences for undergraduate In this Act: ematics, Engineering, and Technology Talent students using leading edge facilities, and to (1) BOARD.—The term ‘‘Board’’ means the Na- Expansion Program established under section broaden the participation in science and engi- tional Science Board established under section 2 8(7) of the National Science Foundation Author- neering research by individuals identified in sec- of the National Science Foundation Act of 1950 ization Act of 2002 (Public Law 107–368); and tion 33 or 34 of the Science and Engineering (42 U.S.C. 1861). (iv) $55,200,000 shall be for the Advanced Equal Opportunities Act (42 U.S.C. 1885a or (2) DIRECTOR.—The term ‘‘Director’’ means Technological Education program as established 1885b); and the Director of the Foundation. by section 3(a) of the Scientific and Advanced- (ii) consortia of institutions of higher edu- (3) ELEMENTARY SCHOOL.—The term ‘‘elemen- Technology Act of 1992 (Public Law 102–476); cation that include at least one institution that tary school’’ has the meaning given that term by (C) $262,000,000 shall be made available for is not a Ph.D-granting institution. section 9101(18) of the Elementary and Sec- major research equipment and facilities con- (e) UNDERGRADUATE EDUCATION PROGRAMS.— ondary Education Act of 1965 (20 U.S.C. struction; The Director shall continue to carry out pro- 7801(18)). (D) $309,760,000 shall be made available for grams in support of undergraduate education, (4) FOUNDATION.—The term ‘‘Foundation’’ agency operations and award management; including those authorized in section 17 of the means the National Science Foundation. (E) $4,120,000 shall be made available for the National Science Foundation Authorization Act (5) INSTITUTION OF HIGHER EDUCATION.—The Office of the National Science Board; and of 2002 (42 U.S.C. 1862n–6). Funding for these term ‘‘institution of higher education’’ has the (F) $12,720,000 shall be made available for the programs shall increase in proportion to the in- meaning given such term in section 101(a) of the Office of Inspector General. crease in the total amount appropriated to the Higher Education Act of 1965 (20 U.S.C. (c) FISCAL YEAR 2010.— Foundation in any year for which appropria- 1001(a)). (1) IN GENERAL.—There are authorized to be tions are authorized by this Act. (6) SECONDARY SCHOOL.—The term ‘‘secondary appropriated to the Foundation $7,493,000,000 (f) LIMIT ON PROPOSALS.— school’’ has the meaning given that term by sec- for fiscal year 2010. (1) POLICY.—For programs that require as tion 9101(38) of the Elementary and Secondary (2) SPECIFIC ALLOCATIONS.—Of the amount part of the selection process for awards the sub- Education Act of 1965 (20 U.S.C. 7801(38)). authorized under paragraph (1)— mission of preproposals and that also limit the

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00088 Fmt 7634 Sfmt 6333 E:\CR\FM\K02MY7.165 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4385 number of preproposals that may be submitted the behavior of falling objects, but to Amendment offered by Mr. SULLIVAN to by an institution, the Director shall allow the this day, most people couldn’t explain the amendment offered by Mr. HONDA: subsequent submission of a full proposal based the law of gravity or what determines At the end of paragraph (1), insert the fol- lowing: ‘‘Such materials, exhibits, and on each preproposal that is determined to have the speed of a falling object if they had merit following the Foundation’s merit review multimedia presentations shall reflect the process. to. Most of the time people can go on diversity of scientific opinion, including the (2) REVIEW AND ASSESSMENT OF POLICIES.— with their lives, their everyday lives, diversity of opinion regarding the impact of The Board shall review and assess the effects on without understanding scientific con- human activities on climate change, and institutions of higher education of the policies cepts, suffering no ill effects. You don’t shall also reflect the impact of greenhouse of the Foundation regarding the imposition of need to understand gravity to keep gas reduction strategies on developing na- limitations on the number of proposals that may from falling. You don’t need to under- tions, United States energy security, United be submitted by a single institution for programs stand your lungs in order to breathe. States energy costs, the global and United supported by the Foundation. The Board shall States economy, low income and middle determine whether current policies are well jus- But global warming presents a new class individuals, and those on fixed in- tified and appropriate for the types of programs kind of a problem. comes.’’. that limit the number of proposal submissions. b 2000 At the end of paragraph (2), insert the fol- Not later that 1 year after the date of enactment lowing: ‘‘Such materials, exhibits, and of this Act, the Board shall summarize its find- The understanding of global warming multimedia presentations shall reflect the ings and any recommendations regarding will play a significant role in our abil- diversity of scientific opinion, including the changes to the current policy on the restriction ity to actually address the problem. diversity of opinion regarding the impact of of proposal submissions in a report to the Com- And, we don’t have much time. Global human activities on climate change, and mittee on Science and Technology of the House warming will cause significant im- shall also reflect the impact of greenhouse of Representatives and to the Committee on pacts, including shifting weather pat- gas reduction strategies on developing na- Commerce, Science, and Transportation and the terns, drought, rising sea levels, and tions, United States energy security, United Committee on Health, Education, Labor, and States energy costs, the global and United Pensions of the Senate. disrupted wildlife migration patterns. States economy, low income and middle (g) RESEARCH EXPERIENCES FOR UNDERGRADU- Nearly every point on the globe is class individuals, and those on fixed in- ATES.—The Director shall increase funding for getting warmer, and the debate is no comes.’’. the Research Experiences for Undergraduates longer if, but when, these changes will Mr. BAIRD. Mr. Chairman, I wish to program in proportion to the increase in the occur. reserve a point of order on this par- total amount appropriated to the Foundation These threats are the most natural ticular amendment. for research and related activities in any year consequences of a worldwide overreli- The CHAIRMAN. The point of order for which appropriations are authorized by this ance on fossil fuels and destructive, Act. is reserved. wasteful use of resources. We have Mr. SULLIVAN. Mr. Chairman, I be- AMENDMENT NO. 1 OFFERED BY MR. HONDA lived on the earth, but we have not yet lieve Mr. HONDA is right on track with Mr. HONDA. Mr. Chairman, I offer an learned to live with the earth. this amendment. However, I believe my amendment. But we can’t just give in to the fear amendment will strengthen his amend- The CHAIRMAN. The Clerk will des- and the sense of helplessness. We can ment. ignate the amendment. turn the tide of global warming if we Simply, my amendment ensures that The text of the amendment is as fol- have the knowledge. That is why we children are educated on all aspects of lows: need to know this. global climate change, from global Amendment No. 1 offered by Mr. HONDA: My amendment will allow the Na- warming, climate science, and green- At the end of section 3, add the following tional Science Foundation to support new subsection: house gas reduction, to human activi- (h) GLOBAL WARMING EDUCATION.— the creation of K–12 science cur- ties on climate change, and the impact (1) INFORMAL EDUCATION.—As part of Infor- riculum, informal education materials, of greenhouse gas reduction strategies mal Science Education activities, the Direc- exhibits, and multi-media relevant to on developing nations, U.S. energy se- tor shall support activities to create infor- global warming, climate science, and curity, U.S. energy costs, and the glob- mal educational materials, exhibits, and greenhouse reduction strategies. al and U.S. economies. multimedia presentations relevant to global The education provided by this The decisions we make today in this warming, climate science, and greenhouse amendment will help people of all ages Congress will not only affect our chil- gas reduction strategies. and backgrounds to make choices in (2) K–12 INSTRUCTIONAL MATERIALS.—As dren but will affect many generations part of Discovery Research K–12 activities, their daily lives and in their commu- to come. As the father of four children, the Director shall support the development nities to stop global warming. They I feel it is imperative that they know of K–12 educational materials relevant to will learn about the complex inter- all the viewpoints on an issue so that global warming, climate science, and green- relationships between natural cycles they can make an educated decision. It house gas reduction strategies. and human activity. They will under- is important that they obtain knowl- Mr. HONDA. Mr. Chairman, I would stand how their own actions and their edge through schools and their parents like to thank Chairman GORDON and own informed choices can heal the to make informed decisions, especially Chairman BAIRD for the support of my earth. This amendment by itself is, when those decisions will affect the en- amendment, and the Science Com- however, not the answer. A comprehen- vironment and the economy. mittee staff for their assistance in put- sive and sustainable energy and envi- Our children are our country’s fu- ting this amendment together. ronmental policy will require the ex- ture. What a bright future they have I would also like to thank the chair- panded use of green energy such as ahead of them. Every time I look at my man and ranking member for their ex- solar, wind, and geothermal. We will four children, I think of the tough cellent work on the National Science also need to continue to find ways to choices they will have to make on the Foundation Authorization Act of 2007. I reduce carbon dioxide emissions from road ahead, and hope that my wife and strongly support the work of the Na- transportation, from industry, and en- I have taught them to make the best tional Science Foundation, and as a co- ergy production. We need to increase decisions possible. I know that, be- sponsor of this legislation, I urge my the efficiency of energy use and trans- tween the education they receive at colleagues to support this passage. missions, especially in buildings. We home and the education they receive at Some years ago, I was a high school need to change much more than just school, they will be well equipped to science teacher, and I clearly remem- our light bulbs. But people need to face the important choices later on in ber my students stopping me during know why we need these things, and life. one of my favorite lessons to ask the this amendment provides for that. It is important to me that the timeless question, why do I need to I urge my colleagues to support my science education they receive in know this? Science is difficult. Global amendment. school reflect the diversity of scientific warming is hard to understand also. AMENDMENT OFFERED BY MR. SULLIVAN TO viewpoints on this very important Some people are asking, why do I need AMENDMENT NO. 1 OFFERED BY MR. HONDA issue. This is something my friends on to know this? Hundreds of years ago, Mr. SULLIVAN. Mr. Chairman, I the other side of the aisle have long ad- Galileo and Sir Isaac Newton made re- offer an amendment to the amendment. vocated for and something my amend- markable discoveries about gravity and The Clerk read as follows: ment achieves.

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.086 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4386 CONGRESSIONAL RECORD — HOUSE May 2, 2007 With 36.4 million elementary school- call if the gentleman attended those priated for the Foundation for fiscal year aged children and 16.8 million high two hearings, but if he did, I think it 2007 if— school-aged children in our country, it was pretty clear that scientists from (A) the total amount appropriated for the is obvious that the science education around the world do not consider that National Aeronautics and Space Administra- tion for fiscal year 2008 is less than they get today will dramatically affect there is an equal weight among those $17,309,400,000; their future tomorrow. who might refute the evidence of glob- (B) the total amount appropriated for the Thanks to advanced technologies, to- al warming and the human causes National Aeronautics and Space Administra- day’s science classes are much more thereof. tion Exploration Systems for fiscal year 2008 advanced than the ones I took when I It is absolutely legitimate that we is less than $3,923,800,000; or was in school. Yet there are so many look at the pros and cons of the various (C) the total amount appropriated for the viewpoints out there on scientific sub- strategies to remedy that; but to National Aeronautics and Space Administra- jects, especially climate change, it is micromanage it in this way, which is tion Space Operations for fiscal year 2008 is less than $6,791,700,000. sometimes difficult to present all views not what the gentleman from Califor- In section 3(b)(1), strike ‘‘There’’ and in- fairly to them. However, I feel that nia’s initial amendment did, I think is sert ‘‘Except as provided in paragraph (3), this is important, especially on an a mistake. I certainly wouldn’t want a there’’. issue as sensitive and politically kindergarten teacher who is trying to At the end of section 3(b), insert the fol- charged as global climate change. educate his or her students about the lowing new paragraph: Our children are our future, and we potential problems of global warming (3) LIMITATION.—Notwithstanding para- owe it to them to provide them with to say, ‘‘Oh, my goodness. I don’t have graphs (1) and (2), the total amount author- the best most balanced education pos- in my curriculum for these 5-year-olds ized to be appropriated under this subsection shall not exceed the amount actually appro- sible. My amendment will help achieve a lesson on the impact of greenhouse priated for the Foundation for fiscal year that by presenting all viewpoints to gas on developing nations or United 2008 if— students in kindergarten through 12th States energy security.’’ I think a kin- (A) the total amount appropriated for the grade. My colleagues on the other side dergarten teacher might be much more National Aeronautics and Space Administra- of the aisle have long called for all sci- likely to say, ‘‘Hey, kids the world is tion for fiscal year 2009 is less than entific positions to be heard, and my getting hotter. You and I and your $17,614,200,000; amendment achieves this. I encourage folks can have a role in trying to re- (B) the total amount appropriated for the all my colleagues to support this duce that problem, and it is in all of National Aeronautics and Space Administra- tion Exploration Systems for fiscal year 2009 amendment and ensure that all stu- our best interests to do so.’’ is less than $4,312,800,000; or dents receive fair and balanced sci- I would hate to see a kindergarten (C) the total amount appropriated for the entific education. teacher micromanaged like this, how- National Aeronautics and Space Administra- Mr. BAIRD. Mr. Chairman, I move to ever well-intentioned the gentleman’s tion Space Operations for fiscal year 2009 is strike the last word. amendment is. And I still reserve the less than $6,710,300,000. The CHAIRMAN. Does the gentleman point of order, but if we don’t succeed In section 3(c)(1), strike ‘‘There’’ and insert continue to reserve his point of order? in that, I certainly urge opposition to ‘‘Except as provided in paragraph (3), there’’. Mr. BAIRD. I continue to reserve. this at this point. At the end of section 3(c), insert the fol- lowing new paragraph: The CHAIRMAN. The point of order The CHAIRMAN. Does the gentleman is reserved. (3) LIMITATION.—Notwithstanding para- continue to reserve his point of order? graphs (1) and (2), the total amount author- Mr. BAIRD. Mr. Chairman, I appre- Mr. BAIRD. Mr. Chairman, at this ized to be appropriated under this subsection ciate the sense of what the gentleman point I will withdraw the point of shall not exceed the amount actually appro- is raising with his second order amend- order, but I would urge opposition to priated for the Foundation for fiscal year ment. Having taught science myself, I this amendment. 2009 if— believe it is absolutely important to The CHAIRMAN. The point of order (A) the total amount appropriated for the share different sides of it. My concern is withdrawn. National Aeronautics and Space Administra- is I think you are sort of microman- The question is on the amendment tion for fiscal year 2010 is less than aging the education process, however, $18,026,300,000; offered by the gentleman from Okla- (B) the total amount appropriated for the positive your intent may be. And the homa (Mr. SULLIVAN) to the amend- National Aeronautics and Space Administra- gentleman himself just acknowledged ment offered by the gentleman from tion Exploration Systems for fiscal year 2010 that students from K–12 need to have California (Mr. HONDA). is less than $4,757,800,000; or balanced information. The question was taken; and the (C) the total amount appropriated for the I question whether we really want to Chairman announced that the noes ap- National Aeronautics and Space Administra- mandate that a kindergarten teacher peared to have it. tion Space Operations for fiscal year 2010 is educate her or his students on the im- Mr. SULLIVAN. Mr. Chairman, I de- less than $6,625,700,000. pact of greenhouse gases on U.S. en- mand a recorded vote. Mr. BAIRD. Mr. Chairman, I wish to ergy security, global developing na- The CHAIRMAN. Pursuant to clause reserve a point of order on this amend- tions, et cetera. 6 of rule XVIII, further proceedings on ment. I think it is a fair point and abso- the amendment offered by the gen- The CHAIRMAN. A point of order is lutely an important point that we tleman from Oklahoma to the amend- reserved. present different sides of this issue, and ment offered by the gentleman from Mr. WELDON of Florida. Mr. Chair- I applaud the gentleman for raising California will be postponed. man, I want to commend the authors of that. AMENDMENT NO. 9 OFFERED BY MR. WELDON OF this piece of legislation, and make very I would, however, note that the Inter- FLORIDA clear that I am a strong supporter of national Panel on Climate Change, Mr. WELDON of Florida. Mr. Chair- the National Science Foundation. In- which we have had two hearings of in man, I offer an amendment. deed, I have an undergraduate degree this committee, has clearly unani- The CHAIRMAN. The Clerk will des- in a science field, biochemistry. I did mously agreed on some general prin- ignate the amendment. basic science research as an under- ciples: That the climate temperature is The text of the amendment is as fol- graduate, and I fully recognize the need increasing; that humans are signifi- lows: for this country to make a significant cantly responsible for at least a sub- Amendment No. 9 offered by Mr. WELDON of increase in our investment in basic stantial portion of that increase; and, Florida: science research as the kind of research that it will have very important con- In section 3(a)(1), strike ‘‘There’’ and in- that comes through the National sequences for the well-being of the sert ‘‘Except as provided in paragraph (3), Science Foundation. world. there’’. My concern before the committee So one of the problems I have is the At the end of section 3(a), insert the fol- today is that the National Science lowing new paragraph: gentleman’s amendment would seem to (3) LIMITATION.—Notwithstanding para- Foundation is in the same budget cat- suggest that there is an equal weight of graphs (1) and (2), the total amount author- egory as NASA; and already, the new evidence against that perspective as ized to be appropriated under this subsection majority this year has chosen to sig- there is in favor of it. And I don’t re- shall not exceed the amount actually appro- nificantly cut funding to NASA.

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.173 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4387 Specifically, over one-half billion possible money to support the gentle- to be able to determine whether or not dollars was reduced out of the NASA man’s aims, many within, for example, the amendment should be made in budget to fund the replacement for the the Commerce appropriations bill. order. They determined, in their wis- space shuttle. The replacement for the It is possible for the gentleman to ad- dom, that it should be made in order. space shuttle is badly needed. Our just revenue impacts of tax cuts. It And therefore, I would hope that the shuttle fleet is aging, and indeed we would be possible for the gentleman to Chair would rule that, in fact, this are looking at a scenario in the early seek offsets or matches through fund- amendment is appropriate, and that it part of the next decade where we will ing for the war in Iraq, which is burn- addresses an issue that is of impor- not have the capability of putting men ing about $2.5 billion per week from our tance to the gentleman from Florida and women into space. And we, the economy. and importance to this Nation; and I United States of America, the greatest So if the gentleman is interested, as would hope that we’d move forward country in the world, will be relying on I know he is, in supporting space flight with the amendment. the Russians to put our astronauts into and continued investment in that, I The Acting CHAIRMAN. Is there any space for many, many years. And, that would suggest that more appropriate other Member who wishes to be recog- the further reductions in NASA that offsets are available elsewhere in the nized on the point of order? will put forward by the new majority Federal budget. Mr. WELDON of Florida. Mr. Chair- have the potential to lengthen that pe- And I would also say it would be just man, I wish to be recognized on the riod even further, and possibly perhaps terribly unfortunate to hold the point of order. permanently cripple our manned space Science Foundation budget, which this flight program. Mr. Chairman, I believe that it is in- bill authorizes, hostage. You’ve got the appropriate to exercise a point of order So my amendment is very simple and wrong hostage. There are other places very straightforward. Basically what it on this amendment. It’s quite clear where lots more money is being re- that the NASA budget and the Na- says is that we are not going to cut duced from the revenue stream or NASA for the purpose of plussing up tional Science Foundation are within being expended on things that may not the same budget category, function 250, the National Science Foundation. I be- be in the best long-term national inter- lieve we need to fund both of these pro- and that there’s a strong relationship est of this country. And for that rea- grams, and that is my goal and that is between increasing the National son, and for the fact that I actually the purpose of my amendment. Science Foundation that it can have a I think one of the things that the au- consider the amendment nongermane, I negative impact on NASA. thors of this bill keep talking about, will have to oppose it. Furthermore, as my friend from which is very revealing and I think POINT OF ORDER Georgia just indicated, we have moved very important to the debate we are Mr. BAIRD. At this point, if it’s ap- several bills through this body. Just having right now, they talk about the propriate to do so, I would wish to today we did one where multiple points importance of training kids in math press the point of order with the Chair, of order were waived. And the bottom and science, and that we are falling be- if that’s appropriate procedure at this line here, in my opinion, is NASA a pri- hind in our international competitive- point. ority for the new majority in this Con- ness. But I can tell you, when I talk to The Acting CHAIRMAN (Mr. AN- gress. I don’t believe it is. I don’t be- teachers all across the country about DREWS). Will the gentleman state his lieve it’s a sufficient enough priority, what motivates our young people to point of order? and I ask that the point of order not be study math and science, it is not the Mr. BAIRD. Mr. Chair, I have re- sustained. served a point of order. The amend- level of grants that are coming out of The Acting CHAIRMAN. The Chair is ment offered by the gentleman is not the National Science Foundation, it is prepared to rule on the point of order, germane to the bill it is amending and, actually our space program and an en- seeing no other Members who wish to therefore, violates clause 7 of rule XVI. thusiasm for the possibility or the be recognized. chance that they might some day be The underlying section of the bill The gentleman from Washington able to participate in the space pro- being amended is specific to the Na- makes a point of order that the amend- gram, the manned space flight program tional Science Foundation, while the in particular that motivates our kids. amendment introduces another unre- ment offered by the gentleman from So I think these two programs are lated agency, NASA, so the subject Florida is not germane. The test of ger- really linked at the hip, and I think it matter of the amendment is different maneness is the relationship of the is important that we do not fund one at than the underlying bill. amendment to the pending portion of the expense of the other. The current In addition, the amendment places an the bill, section 3. language in this bill has the potential unrelated contingency on the author- Clause 7 of rule XVI, the germane- to create that climate, and so I think ization of NSF funds. On this point I ness rule, provides that no proposition it is critically important that the point would cite Deschler’s Precedents, on a subject different from that under of order be waived and that my amend- Chapter 28, 31.22. consideration shall be admitted under ment move forward and be approved by Lastly, the purpose of the underlying color of amendment. One of the central this body. section of the bill is to authorize ap- tenets of the germaneness rule is that Mr. BAIRD. Mr. Chairman, I con- propriations for NSF, while the amend- an amendment may not condition the tinue to reserve the point of order, but ment seeks to affect the appropriations effectiveness of legislation pending an I would like to move to strike the last for NASA, so the fundamental purpose unrelated condition. Examples of this word. of the amendment is different from the principle may be found in the Deschler- The Acting CHAIRMAN (Mr. AN- underlying provision, and the scope of Brown Precedents, chapter 28, section DREWS). The point of order is reserved. the underlying provision is signifi- 30. Mr. BAIRD. Mr. Chairman, I very cantly enlarged, and, therefore, I would The amendment offered by the gen- much appreciate and admire and re- tleman from Florida proposes a condi- spect the gentleman from Florida, and urge that the amendment be ruled out of order. tion on the level of authorizations con- I understand full well where he is com- tained in section 3. The condition re- ing from. He has been a passionate sup- The Acting CHAIRMAN. Does any Member wish to be heard on the point lates to funding levels for the National porter of our manned space program, Aeronautics and Space Administration. and I share some of his concerns about of order? The activities of that separate entity the impact on that budget. I do think, Mr. PRICE of Georgia. Mr. Chairman, are not related to an authorization for however, that his offsets are wrong, I move to strike the last word. the National Science Foundation. As and that is why I reserved the point of Mr. Chairman, I would just simply such, the amendment proposes an unre- order which in just a moment I will point out to my friends on the other press. side that this amendment was duly and lated condition. appropriately presented to the Rules The amendment offered by the gen- b 2015 Committee. The Rules Committee has tleman from Florida is, therefore, not There are many, many places in the all of the availability of the parliamen- germane. The point of order is sus- Federal budget where we could find tarians and the appropriate expertise tained.

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.175 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4388 CONGRESSIONAL RECORD — HOUSE May 2, 2007 PARLIAMENTARY INQUIRY What this amendment does, it says vanced for decades through freedom of Mr. PRICE of Georgia. Mr. Chairman, there’s just a couple of things that we inquiry into a broad spectrum of sub- I have a parliamentary inquiry. should not be increasing the deficit by jects. While congressional oversight of The Acting CHAIRMAN. The gen- spending money on, and I quote, ‘‘The Federal programs is, of course, impor- tleman will state his parliamentary in- Archives of Andean Knotted-String tant, second-guessing peer review in quiry. Records,’’ or to study ‘‘The Accuracy this way could compromise the fabric Mr. PRICE of Georgia. Would it have in Cross-Cultural Understanding of of our public research enterprise one been possible for the Rules Committee Others’ Emotions.’’ thread at a time. Therefore, we urge to propose a rule to the House to waive This amendment also says that we you to oppose such amendments. the rule under which the Chair has just don’t want to increase spending and, Similar sentiments have been voiced ruled this amendment out of order? therefore, increase taxes in order to by the Association of American Univer- The Acting CHAIRMAN. The gen- pay for a study of ‘‘Bison Hunting on sities. tleman does not state a parliamentary the Late Prehistoric Great Plains’’ or And I would be tempted to ask the inquiry. The gentleman’s question is ‘‘Team Versus Individual Play’’ or gentleman from California, except he’s hypothetical. ‘‘The Sexual Politics of Waste in already stated his piece, why he would Mr. PRICE of Georgia. Mr. Chairman, Dakar.’’ be opposing research that has been sup- I have a parliamentary inquiry. And it also says that we don’t want ported by the United States Army Re- The Acting CHAIRMAN. The gen- to increase spending and spend any of search Institute; that is seen as critical tleman from Georgia will state his par- this money in this authorization and, to the security of our troops serving in liamentary inquiry. thereby, be continuing to raid the So- Iraq. Mr. PRICE of Georgia. Mr. Chairman, cial Security Trust Funds in order to Now, my wager is the gentleman’s isn’t it true that the Rules Committee study ‘‘The Social Relationships and saying to himself right now, I have no has the authority to waive the rules Reproductive Strategies of Phayre’s idea what the chairman is speaking about here. And that’s the problem. under which this House operates so Leaf Monkeys’’ or ‘‘The Cognitive When you look at a cursory examina- that certain amendments may be Model of Superstitious Belief.’’ tion of the title, or an abstract, you brought to the floor? Now, Mr. Chairman, I understand don’t have an idea. That’s why we have The Acting CHAIRMAN. The Chair- that there is a process of peer review from which these studies come in the peer review. man of the Committee of the Whole Which particular study am I talking National Science Foundation, and can only comment on the rule in oper- about? I’m talking about the Study of that’s all well and good. But our job ation for this bill. the Accuracy of Cross Cultural Under- here is we are the elected representa- Mr. PRICE of Georgia. I thank the standing of Others’ Emotions. What we tives and stewards of the taxpayers’ Chair. are talking about here is if you’re money, not the academics in the Na- AMENDMENT NO. 5 OFFERED BY MR. CAMPBELL going to be dealing with people from OF CALIFORNIA tional Science Foundation, and it is another culture, and you misread their Mr. CAMPBELL of California. Mr. our decision whether or not we wish to expression of emotions, it can cost you Chairman, I offer an amendment. spend taxpayers’ funds on studies of your life, your buddies their life, or the The Acting CHAIRMAN. The Clerk the social relationships and reproduc- innocent civilians their lives. The U.S. will designate the amendment. tive strategies of Phayre’s leaf mon- Army Research Institute believes this The text of the amendment is as fol- keys or on bison hunting on the late is important, and they support the lows: prehistoric Great Plains. I think we basic elements of this kind of study. Amendment No. 5 offered by Mr. CAMPBELL should not do that. I also am not sure, the gentleman of California: I am sure that some believe that seems to suggest, it seems, that we At the end of section 3, insert the following these are very fine academic studies. here in the Congress, with a cursory new subsection: That’s excellent. Within the realms of evaluation of the abstracts from stud- (h) LIMITATION.—None of the funds author- academic halls, they may think a num- ies, should insert ourselves in the peer- ized under this section may be used for re- ber of things are fine academic studies. review process. I wonder if the gen- search related to— That’s not the question. tleman had looked at chemistry re- (1) archives of Andean Knotted-String The question before us is, do these Records; search or physics research in the same things rise to the standard of requiring way, and do we really want to spend (2) the accuracy in the cross-cultural un- expenditures of taxpayer funds in a derstanding of others’ emotions; this body’s time, and do you, sir, or (3) bison hunting on the late prehistoric time of deficits, proposed tax increases you, sir, have the expertise to evaluate Great Plains; and raiding Social Security funds? I these studies? That’s why we have a (4) team versus individual play; think the answer is a resounding no. I peer-review process. That’s why we (5) sexual politics of waste in Dakar, Sen- think the answer should be a resound- have a National Science Foundation. It egal; ing no, which means that I would hope is why we have a Science Foundation (6) social relationships and reproductive that the vote on this amendment would Board to direct us. strategies of Phayre’s Leaf Monkeys; and be an equally resounding yes. I absolutely agree that if taxpayer (7) cognitive model of superstitious belief. Mr. BAIRD. Mr. Chairman, I move to dollars are going to be spent on re- Mr. CAMPBELL of California. Mr. strike the last word. search, it is incumbent upon the sci- Chairman, we have a budget problem I appreciate the gentleman’s com- entist to do the research well, ethi- here in Washington, the Federal Gov- ments about the budget deficit, and I cally, responsibly, and that it be rel- ernment. The budget that was recently would first suggest that the deficit rose evant. But I do not believe it is the passed off of this floor has a deficit in to historic levels under the leadership place of either side of this aisle to sin- it, continues that deficit for the next 4 of the former majority party, largest gle out particular studies, as has been years. It has a tax increase in it, the deficits in the history of this country, done in this case, and presume that largest tax increase in American his- indeed, were accrued with President with a 5-minute examination we know tory, going forward. And it also con- Bush and the former majority. better than peer reviewers who have tinues to raid the Social Security Looking to these studies, some of the degrees in the relevant fields and funds, take the Social Security surplus which are $10,000, now absolutely we have spent years studying them and that we have and spend it on things must make sure that we spend all the have evaluated them. That is a dan- that are unrelated to Social Security. taxpayer dollars wisely. But let me gerous precedent to set, and I would So we have a budget crisis going on. just share with you what the American urge strongly opposition to this What this amendment does is it says Association for Advancement of amendment and a similar one which that there are certain things upon Science, probably the most prestigious will emerge shortly for the sake of our which we should not be spending scientific body in this country, has soldiers. money through this bill during this said. Prohibiting specific grants sets a Mr. EHLERS. Mr. Chairman, I move time of budget deficits, stealing Social dangerous precedent for scientific re- to strike the requisite number of Security funds, and increasing taxes. search that has progressed and ad- words.

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.177 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4389 These are always very difficult ques- Mr. PRICE of Georgia. Mr. Chairman, also suggest that the sexual politics of tions, and I have learned long ago I move to strike the last word. waste in Dakar, Senegal is a question- never to judge the research by the title I appreciate the comments of my able study. of the proposal. These are complex good friend from Michigan, and I ap- So I commend my good friend from issues, and I don’t know if the gen- preciate the comments of my fellow California, and I would be happy to tleman was here earlier when I spoke colleague from Washington. And I have yield to him. about the rate of return on research at been, as a physician, a strong supporter Mr. CAMPBELL of California. Mr. the National Science Foundation. The of the National Science Foundation. I Chairman, I thank the gentleman from best estimate is that the rate of return believe strongly that, in fact, they Georgia for yielding. is a minimum of 20 percent and a max- need more money, not less. I would I appreciate the academic arguments, imum 400 percent on individual re- argue that we need to prioritize appro- and I understand them. I am a history search projects. priately in our Federal budget and pro- buff myself. I love this stuff. I might actually love this report, might enjoy b 2030 vide much greater resources in the Na- tional Science Foundation and the Na- reading it, might find it fascinating. Now, I challenge anyone in this tional Institutes of Health and the CDC That’s not the point. The point is do we Chamber to find investments that will and others that ultimately work and want to spend taxpayer funds on this? year after year give you that rate of re- derive huge benefit to our entire soci- The United States taxpayer cannot turn on the investment. fund every bit of academic research for Another point I would like to make ety and, in fact, to the world. But I commend my good friend from every university, for everything that is, as I said, you can’t always judge the California for bringing this amendment every professor wants to do across this full proposal by the title. This was evi- forward because, although I may not country. We can’t do that. The ques- dent a few years ago when we went have pulled out a couple of the items tion before us is, are these the sorts of through exactly the same charade things we do want to spend taxpayer that he notes, for the life of me, I have when discussing the National Science money on? I would suggest that they a difficult time understanding and ap- Foundation budget. Some of my col- are not, and that is why I would sug- preciating why on earth it would make leagues came down to the floor to gest that to vote against this amend- any sense, and I would ask my good amend the NSF appropriations bill, and ment is to say that you believe that friend from Washington can you fath- one offered an amendment to remove taxpayer money should be spent on om how studying bison hunting on the grants for the study of ATM. This per- these specific items. That is the ques- Late Prehistoric Great Plains might son gave a magnificent speech why we tion before us. Not whether it is inter- have some effect on contemporary soci- should not spend money at the Na- esting. I am a Civil War buff. I love all ety that would make a difference with tional Science Foundation or the De- kinds of interesting stuff about that, partment of Energy to study ATM. His the compelling argument that you but I don’t think the taxpayer ought to argument was, let the banking indus- made regarding the study of cross-cul- pay for research into it. try do the research on ATMs. What he tural emotions? Mr. PRICE of Georgia. Mr. Chairman, didn’t know is that the proposal was Mr. BAIRD. Mr. Chairman, will the reclaiming my time, I thank the gen- not on automatic teller machines but gentleman yield? tleman for his comments, and I would the proposal was on studying asyn- Mr. PRICE of Georgia. I would be concur. I think that there are many chronous transfer modes, which in- happy to yield. things that are exciting and inter- volves the way computers talk to each Mr. BAIRD. Mr. Chairman, I thank esting to study, whether or not they other. This research led to a substan- very much the gentleman for yielding. ought to be priorities at this point, and tial change in the speed at which com- And I would just caution I wouldn’t again, I would point to the bison hunt- puters were able to talk to each other. state ‘‘for the life of me’’ on something ing on the Late Prehistoric Great This is a good example of why it is dan- that I hadn’t studied very well no mat- Plains. gerous to just look at titles and make ter how obvious it may look. And if my good friend from Michigan a judgment. Mr. PRICE of Georgia. I would be would care to make a comment, I I would also pick up on the comment happy to reclaim my time or I would be would be pleased to yield. of Mr. BAIRD about cultural studies. I happy to have you answer the question, Mr. EHLERS. Mr. Chairman, I thank think one of the basic problems in Iraq, one or the other. the gentleman for yielding. and I have told this to people in the Mr. BAIRD. I could answer the ques- I just want to respond to the state- White House, is that there were not tion. I am just giving you the caveat ment that we can’t fund every proposal enough people in the White House, per- about staking your life on things. that comes along, and that is abso- haps even in the State Department, Here is the issue: I don’t think we lutely true. The National Science who understood the culture of the want to say that we should never study Foundation funds a small fraction of countries we were dealing with, and we the history of things. It is the perspec- the proposals that come through, and failed to realize what would happen tive of this gentleman that we should that is why we are beginning to slip as once we moved into that country. A not study history. And particularly, a Nation compared to other nations, good NSF-funded study beforehand when you look at bison, I am not an ex- because we are simply not, as a Con- would have been invaluable in deter- pert in this, but to pretend to be so gress, providing sufficient funds for the mining what would happen. would be a mistake. To pretend to be National Science Foundation. And I Another example: a few years ago so on your side or on my side would be forget the current figure, but I think it there was a grant on game theory. a mistake. The authors of this study is in the neighborhood of 20 percent of Once again, one of our colleagues have contended that biologists and so- the grant applications are being fund- rushed to the floor and said we have to cial scientists have tried to look at ed; 80 percent are not being funded. It’s eliminate funding for that. In fact, how humans make decisions to maxi- a tough business, and these are all game theory is extremely useful in cal- mize and minimize risks in different peer-reviewed grants. I cannot defend culating the operation of nuclear reac- environmental conditions. As you face them individually without looking at tors. different food supply systems, how do them. As I say, you can’t judge a pro- So I urge defeat of this amendment. you deal with that? And that is part of posal or a grant by its cover. It is very easy to sit on the House floor the point here. How did people who live Mr. SCOTT of Virginia. Mr. Chair- and pontificate about these issues. But on the plains look at where they were man, I move to strike the last word. if we are going to cut the budget, there going to harvest bison? I rise in opposition to the amend- are much more fertile fields in which Mr. PRICE of Georgia. Reclaiming ment, and I yield to the gentleman to cut. Why would we cut the one agen- my time, Mr. Chairman, I would sug- from Washington. cy that gives us a guaranteed rate of gest candidly that it was a valiant at- Mr. BAIRD. Mr. Chairman, I thank return on our investment when there tempt. It was truly a valiant attempt, the gentleman from Virginia for yield- are many other areas we can cut where and I appreciate the attempt, to make ing. we are getting little or no payback at a justification for bison hunting on the The challenge here, my friends, is all? Late Prehistoric Great Plains. I would you asked, I think, a question that is

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.180 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4390 CONGRESSIONAL RECORD — HOUSE May 2, 2007 just improperly placed. Neither of us is with that peer-review process. If we and I think it got down correctly, ‘‘We trained in these areas. You are chal- truly want to be stewards of the tax- are neither trained nor have expertise lenging a fundamental tenet of how we payers’ money, which I believe all of us in this area.’’ And you are absolutely do National Science Foundation re- want to be, then our best approach is right. But consistency is a wonderful search. If you truly believe that the to delegate some of the decision mak- thing and inconsistency is a challenge. ing about where some of that money is most cost-effective use of this body’s b 2045 time, and that we are qualified to use spent to those who best know the our time in that fashion, is to, one by realm in which the research is spent. It I would suggest that none of us are one by one, review National Science is precisely because I believe in the pure in this area, but my good friend Foundation grants for our considered task of being a steward of the taxpayer talks about we ought to delegate deci- and qualified judgment of the appro- dollars that I oppose the general pur- sionmaking to authorities who have priateness of those grants, it seems to pose of the amendment. expertise, and we should. As a physi- me that that is a bit of a stretch. It I understand you are trying to save cian, I am compelled and have strong seems to me that you are really mak- money. I just don’t think our best way affinity for all of the advocacy groups ing a political statement. to do so is by micromanaging either that come to my office, as I know they If the political statement you want this or most of the other foundations. come to yours, and advocate on behalf to make is we should spend the tax- And I thank the gentleman from Vir- of specific diseases. Most recently this payers’ dollars wisely, I, 100 percent, ginia for yielding. week, the folks who have suffered agree. You may not know it, and prob- Mr. GARRETT of New Jersey. Mr. under the scourge of breast cancer have ably don’t, that we are working with Chairman, I move to strike the last come, and they are asking for more re- the National Science Foundation to es- word. sources. And I always suggest to them Just a couple of points and then I tablish a letter actually that scientists that it is appropriate for those deci- will yield. sions to be made by individuals at the that receive public grants would have I agree with the gentleman that in to sign saying they understand the National Science Foundation, at the some respects, perhaps, this body CDC, at the National Institutes of money came from the taxpayers, they should not be engaged in microman- are committed to doing research that Health. But, in fact, what my good aging various aspects of the Federal friend from Washington does all the is well designed and ethically high Government where we do not have ex- quality and that is relevant. time, in his capacity in Congress, is to pertise. determine exactly what that line item The problem for us, in this brief time Earlier today, and in just the past ought to be from an appropriations we have here and lacking expertise in week, we had a complete debate on standpoint. the field, is it is really presumptuous of that subject of whether this body, all As a physician, the medical profes- us on either side to say I can either at- 535 Members, were in appropriate posi- sion has suffered under the decisions tack or defend. I would yield time to tion to micromanage the war, and I that have been made in this Chamber either of you if you want to tell us think some of us thought that we were and in the Chamber on the other side of what your personal qualifications are not in the best position but that we this building because individuals in the area of expertise of any of these should have, just as you are suggesting thought they had greater expertise in studies, and I will hold you to it. What here, the trained professionals, the ex- personal qualifications do you have in perts, the people on the field who are the area of health care. And as my the broad area of this study to speak to engaged in this activity on a daily good friend from New Jersey clearly that study? basis make those decisions. stated, and appropriately stated, that Mr. CAMPBELL of California. Mr. So I would agree with the gentleman just this week we’ve been dealing with Chairman, will the gentleman yield? there. And if we were to have consist- folks who believe they have greater ex- Mr. SCOTT of Virginia. I yield to the ency, then we should not be engaged in pertise in the area of military com- gentleman from California. that matter and we should not be en- petence and battles than our generals Mr. CAMPBELL of California. We are gaged in this case. on the ground. qualified by virtue of the fact that we Let me make my second point and So I would suggest, Mr. Chairman, have been elected by people in our dis- that is this: It is not incumbent upon that my good friend from Washington tricts to be stewards of their money. the gentleman from California to be is absolutely correct, that we ought to As I said, this is not a question of the expert in these areas that he is delegate in certain instances, but we whether or not these things have aca- raising questions about. The under- ought to also utilize the prerogative demic merit within a field of aca- lying bill is not the gentleman from that we have and the responsibility demics. It is a question of whether they California’s bill. It is the majority par- that we have as representatives in this are worthy of spending taxpayer money ty’s bill. It is your bill. You are coming body, representatives of our districts, in that area. I think they are not. to the floor making the case, or I and make certain that we are good Mr. SCOTT of Virginia. Reclaiming should say the other side of the aisle, stewards of the taxpayers’ money. my time, Mr. Chairman, I yield to the as I am speaking to the Chair, making Mr. GARRETT of New Jersey. Mr. gentleman from Washington. the case that we should be spending all Chairman, I yield to the gentleman Mr. BAIRD. Let me just share with this money on these programs. So it is from Michigan. the gentleman the dangerous path you incumbent upon the offerer of the un- Mr. EHLERS. I thank the gentleman are on. There was a study some time derlying legislation to make the case for yielding. back dealing with the sex life of the why we should be doing it and have the First of all, I’ll make a deal with screw worm, perhaps aptly noted. The information why each one of these is you; I won’t make any judgments sex life of the screw worm, that would justified so that when either the gen- about medical research if you don’t be pretty tempting to come to the floor tleman from California or Georgia make judgments about NSF research. and say, by God, why are we spending raises the legitimate question, the The point of this really is that you taxpayer dollars studying the sex life same question that we are going to get cannot predict what will result from of screw worms? The reason being that when we go back to our constituents the research; that is the idea behind that research saved the cattle industry and are asked why did we vote on it, he basic research. millions of dollars by eliminating a should be making the justification for Years ago when I was a graduate stu- parasite that deposited eggs in the pla- that. dent at Berkeley, we were spending tre- centa of newborn cows. With that, I will yield to the gen- mendous amounts of money to examine We don’t have the knowledge. We are tleman from Georgia. the behavior of elementary particles, indeed stewards of the taxpayers’ Mr. PRICE of Georgia. Mr. Chairman, protons, neutrons, mesons, and so on. money, which is why we created the I thank the gentleman from New Jer- And no one, even in the scientific com- National Science Foundation, why we sey for his comments. And he is mak- munity, could ever imagine any prac- are very careful about designating how ing a very apt point. tical use for that. But later on the re- the peer-review process works, and, And I appreciate the comments of my sults from doing that research led to quite frankly, why we shouldn’t mess good friend from Washington, who said, the development of a CAT scanner and

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.183 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4391 the MRI. Now, who would ever have ment offered by the gentleman from issue open. So, therefore, it does not thought that elementary particle phys- California (Mr. CAMPBELL). interfere with the selection of these ics would lead to major findings in The question was taken; and the Act- various proposals and research things medicine which every doctor relies ing Chairman announced that the noes that the gentleman from Washington upon today? appeared to have it. just supported in the last amendment. Mr. MCNERNEY. Mr. Chairman, I Mr. CAMPBELL of California. Mr. So with that, Mr. Chairman, I would move to strike the last word, and I Chairman, I demand a recorded vote. ask for an ‘‘aye’’ vote. yield to my good friend and colleague The Acting CHAIRMAN. Pursuant to Mr. BAIRD. Mr. Chairman, I move to from Washington State (Mr. BAIRD). clause 6 of rule XVIII, further pro- strike the last word. Mr. BAIRD. I thank the gentleman ceedings on the amendment offered by Mr. Chairman, here’s the problem from California. Just a couple of brief the gentleman from California will be with what the gentleman is proposing, comments, and it’s getting late, so we postponed. however well-intentioned it may be. don’t want to carry this forever. AMENDMENT NO. 4 OFFERED BY MR. CAMPBELL And I am deeply concerned; as the gen- I would suggest that we all agree OF CALIFORNIA tlemen know, I serve on the Budget that consistency is a very dangerous Mr. CAMPBELL of California. Mr. Committee with some of the gentlemen thing. If the gentleman talks about Chairman, I offer an amendment. who are speaking, and we are all con- being consistent, I would ask the gen- The CHAIRMAN. The Clerk will des- cerned about the long-term deficit pic- tleman why they chose not to micro- ignate the amendment. ture for this country. However, if you manage the vast expenditures of dol- The text of the amendment is as fol- cut investments in scientific research lars, not even to have oversight hear- lows: and scientific education, in the long ings of the vast expenditure of dollars Amendment No. 4 offered by Mr. CAMPBELL run you will increase the deficit of this on the war. of California: country, and you will decrease our na- If you really want to save the tax- At the end of section 3, add the following tional security, our national health payer dollars, we are burning $2.5 bil- new subsection: (h) REDUCTION.—Each of the amounts au- care and our national and inter- lion a week in Iraq. This entire bill is thorized to be appropriated or made avail- national competitiveness. That is why $21 billion over 3 years. We’re talking able under this section shall be reduced by 1 this is a mistake. about 3 full years to fund the basic sci- percent. And don’t just take my word for it. entific research of this entire Nation, Mr. CAMPBELL of California. Mr. The National Academies of Science, in from mathematics to physics to chem- Chairman, my colleague from Wash- Rising Above the Gathering Storm, a istry to social sciences. That’s about 6 ington mentioned that he didn’t think 2005 publication, called for more than a or 7 weeks or so of what you spend in this last amendment that I proposed 10 percent increase; the U.S. Commis- Iraq. And yet when it came to over- was the correct way to save money, so sion on National Security, the Hart- sight of the expenditures in Iraq, the perhaps this is the more correct way; Rudman report, a similar level of in- majority, then-majority party was maybe this is something that he would crease; the President’s Council of Ad- then just virtually silent. If you really find more to his liking. visers on Science and Technology, in want to save the taxpayers’ money, H.R. 1867, this bill before us, would their publication, Assessing the U.S. and I do, you could have looked at increase spending for the National R&D Investment in 2003; a coalition of that. Science Foundation by 9.9 percent in 15 industry associations, in the publi- But let me suggest what the gen- the first year, 7.4 percent in the second cation Tapping America’s Potential, in tleman from New Jersey misrepresents. year and 7.3 percent in the third year, 2005; the Council on Competitiveness in And I asked earlier if any folks on the for an increase of over 25 percent over their publication, Innovate America. other side were qualified to study this. a 3-year period. Now, Mr. Chairman, This is not just a Democratic pro- The gentleman from New Jersey just that is an amount, and I, too, am some- posal or Republican proposal. I would doesn’t seem to understand how this one who has sympathy for some of the remind the gentleman that this bill legislation works. He completely mis- things that the National Science Foun- passed unanimously out of committee represented when he said that it is in- dation does. However, even over the with bipartisan support. cumbent upon the majority and the last few years where we have had very I would also encourage you to ask chairman who is bringing this forward large percentage increases in our reve- your faculty administrators, ask your to defend these studies. Sir, this bill nues to the Federal Government, they high technology industries, do you does not authorize specific studies. haven’t been as large as this over the think this country is spending suffi- That is not how the authorizing lan- last 3-year period. In fact, in the next cient quantities on fundamental basic guage for the National Science Founda- 3-year period, any of the prognos- research and investment such as that tion works. It would be ludicrous, and ticators, whether it be the Office of funded by National Science Founda- you should know that; and if you don’t Management and Budget or any of the tion? And do you think we are doing know it, you are not qualified to speak other prognosticators, are not esti- enough to keep our young people edu- to this. But it would be ludicrous to mating that we will have a 25 percent cated in science and math in ways such suggest that when you authorize a increase in revenue over the next 3 as supported by this legislation? I foundation, that you are authorizing years. So therefore, this proposes to in- guarantee you most of them would say every single specific study or that you crease spending at a rate greater than no. You would, I think, by this cutting, know what all those specific studies revenue is projected to increase over with due respect, significantly be im- are. That’s not how the National the next 3 years. pairing, and it sounds like a small Science Foundation works. That’s not This amendment would simply re- measure, but remember, we are already how we authorize it. That’s not how duce the amount of this increase by 1 falling behind in a number of areas in this bill functions. And it’s indeed not percent per year. So instead of increas- science and math, not only in the edu- how many, many of the authorizing ing by 10 percent the first year, it cation, but in the applied fields. bills function here. So to suggest that, would increase by only 9; instead of in- This is consistent with President to bring forward a broad authorization creasing by 7.4 percent, the second year Bush’s own administration request of a bill that gives responsibility to a foun- would increase by 6.4 percent; and 7.3 7 percent per year increase. Again, this dation, one has to justify every single percent, it would increase by 6.3 per- is a bipartisan approach, not a Demo- study is to misrepresent how this legis- cent in the third year. These are still cratic or Republican approach. The lation works. And that’s the problem. I large annual increases, larger than President has called for this. And think the gentleman either misunder- most taxpayers at home are likely to again, as Dr. EHLERS said so eloquently stands or misrepresents how the legis- see the increases in their incomes, in earlier, our return on investment from lation works. their salaries, in their wages. research is profound. And when you cut I thank the gentleman from Cali- So this is just a small reduction. It that investment, I think you’re cutting fornia for yielding. does not deal with, as the gentleman that return on investment. The Acting CHAIRMAN (Mr. AN- from Washington mentioned, it does Mr. EHLERS. Mr. Chairman, I move DREWS). The question is on the amend- not specifically say what, it leaves that to strike the last word.

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.185 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4392 CONGRESSIONAL RECORD — HOUSE May 2, 2007 I will try to be brief. We have beat Korea, Singapore and others. Do we se- They may be seeing that as far as their this subject to death, but I find it iron- riously want to further reduce our in- expenses are concerned. They are see- ic that we talk about cutting the fund- vestment in basic research if we want ing all other sorts of increases in ing of the one agency that returns to keep our Nation competitive? I sub- spending, such as gasoline prices and more on its money than any other mit we don’t, and I would urge defeat the like that they have to put up with, agency does. of this amendment. but they are not seeing the increases in If we’re talking about cutting the I thank the gentleman. income and expenditures that we are NSF by 1 percent, we should cut every- The Acting CHAIRMAN. The ques- seeing in this bill. thing in the budget by 1 percent. And I tion is on the amendment offered by I will comment on one comment that might even vote for that if you are the gentleman from California (Mr. the gentleman from the other side of willing to cut defense by 1 percent; Cut CAMPBELL). the aisle made before as far as being every department, cut Social Security The question was taken; and the Act- consistent. I think we heard the Amer- by 1 percent, and so on down the line. ing Chairman announced that the noes ican public on this past election day. Then you might have something that appeared to have it. The American public is concerned would be worth doing. But to attack Mr. CAMPBELL of California. Mr. about overspending by Congress. They something that actually benefits this Chairman, I demand a recorded vote. want us to prioritize where our dollars Nation, increases our health and The Acting CHAIRMAN. Pursuant to go. They want to make sure that we wealth, and is allowing us to at least clause 6 of rule XVIII, further pro- are spending every dime efficiently and try to keep up with what other nations ceedings on the amendment offered by appropriately. are doing, is utterly unrealistic. the gentleman from California will be I have yet, however, to hear one sug- I would point out, and I can show you postponed. gestion from the other side of the aisle, either here on the floor or on the Budg- graphs indicating that we are falling b 2100 far behind other nations. We occupied et Committee, on which I serve with the premier spot in research for a num- AMENDMENT NO. 11 OFFERED BY MR. GARRETT some of the gentleman on the other OF NEW JERSEY ber of years. But now South Korea, as side of the aisle, as to where we with Mr. GARRETT of New Jersey. Mr. an example, is very rapidly getting can make some of those cuts. Instead, Chairman, I offer an amendment. what we are seeing is a continual in- very close to what we are spending on The Acting CHAIRMAN. The Clerk research as a percentage of GDP. I ex- crease in spending. will designate the amendment. Another point to make as well: Time pect them to pass us in a few years. The text of the amendment is as fol- after time our constituents come to It is incredible to me that we are sup- lows: posed to be the brightest, most power- our office quoting the discrepancy be- Amendment No. 11 offered by Mr. GARRETT tween authorization levels and appro- ful Nation in the world, and yet we are of New Jersey: priation levels. It is my hope that in- losing ground compared to nations At the end of section 3, add the following stead of having to disappoint them such as South Korea. If we are serious new subsection: once again, that we set realistic au- about competing with other countries, (h) REDUCTION.—Each of the amounts au- thorization levels that may actually be we absolutely have to keep investing thorized to be appropriated or made avail- realistic to the appropriation levels our money in research, whether it’s the able under this section shall be reduced by that come down the line. Let’s be real- National Science Foundation or wheth- 0.5 percent. istic, both on what we can do for our er it is the Department of Energy or Mr. GARRETT of New Jersey. Mr. constituents and also what the appro- the National Institutes of Health. Chairman, I, too, echo the words of my priators may be doing with this bill In addition to that, I would mention colleagues who are in support of the overall funding of the National Science later on. that the National Science Foundation I encourage my colleagues to support Foundation, and I offer this amend- is just about the lowest-cost research this amendment, because it is our duty ment to H.R. 1867, which I hope will institution. We spend a lot less money simply as stewards of our constituents’ provide incentives for the NSF to iden- in the National Science Foundation money, the taxpayers’ dollars, as we tify waste and any abuse within the than we do in the Department of En- step forward to make an honest assess- Agency, but also, very importantly, to ergy, than we do in National Institutes ment of what we can afford and should help identify those programs which are of Health or that we do on NASA. One afford the American taxpayer. of the lowest costs with the highest either underperforming or simply just Mr. BAIRD. Mr. Chairman, I move to rate of return, I don’t see any reason in not working. strike the last word. the world to cut the NSF. I believe this legislation will help be Mr. Chairman, we have been over the Mr. Chairman, I will yield to the gen- a model of fiscal responsibility. It is basics. Let me just reiterate, this pro- tleman from California. similar to the legislation we just heard posal for the increase in the National Mr. CAMPBELL of California. Just a from in two respects. H.R. 1867 author- Science Foundation is thoroughly con- short clarification, that this amend- izes the National Science Foundation sistent with President Bush’s own ment does not propose a cut in the to increase their spending, which goes agenda. The competitiveness initiative funding, it proposes to very slightly re- to the point of the gentleman from calls for these kinds of increases. That duce the rate of growth from what was Michigan was saying before, by 7 per- is point one. proposed. That is my only clarifica- cent, and again in 2009 and 2010. Point two: If we hope to maintain tion. The point we must make here, our competitiveness, if you look at the Mr. EHLERS. I thank you for the though, is inflation has remained con- proportion of our economy today that clarification. stant during this same time period at is the direct result, and Dr. EHLERS il- Mr. MCNERNEY. Mr. Chairman, I around 3 percent. So when we purport lustrated a number of examples, but move to strike the last word, and I to be so concerned about the taxpayers’ the direct result of research and inven- yield to my good friend from Wash- dollars and the debt we are leaving our tions that have come out of funding by ington State (Mr. BAIRD). children, which I just heard from the the National Science Foundation, a Mr. BAIRD. Mr. Chairman, I will be gentleman from the other side of the tremendous amount of our economic very brief. I want to echo what the dis- aisle previously, how can we justify prosperity today came from those in- tinguished ranking member said. programmic increases for research that vestigations. The following countries are increas- are actually more than twice the rate As Dr. EHLERS so eloquently said, we ing their investment in basic research of inflation? don’t know, ‘‘we’’ generally, not just faster than this legislation would au- As I referenced before, when I go we in the Congress, but especially we thorize, and they’ve already put the back to my constituents back at home in the Congress, don’t necessarily know money up front. Listen to these coun- in town hall meetings and the like, which particular investigation, which tries and see if you think it is wise for they are not seeing 7 percent increases particular study, is going to yield our Nation to reduce its investment in their wages and salaries. They are those profound results. But some will. even further, and further fall behind: not seeing a doubling of their incomes I will tell you, I just spoke to a sci- China, Taiwan, European Union, South and their family household incomes. entist in my district last week and he

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.189 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4393 said to me, Congressman, the pipeline Where would we be without Thomas Let me conclude by saying I had in- of U.S. scientists is drying up. You just Edison and electricity and the light tended to offer amendment to ensure really have to understand this. The bulb? Even though as we move into the that Historically Black Colleges and pipeline of U.S.-based scientists is dry- 21st century, we want to be protectors Hispanic Serving Institutions would be ing up, because the research funding is of the environment and certainly want a viable part of the legislation. As I not adequate to meet the demand. to be conservationists, look how that have reviewed it, I know that the in- What is happening is many, many has changed our lives. And what about tent is there, and that we will look for- young researchers are either not enter- the Internet, interestingly enough, one ward to working with the members of ing the field or are dropping out of the of the success stories of DOD research. the committee and working with this field or abandoning potentially prom- The most important part of it is the Congress to make sure that the United ising careers, promising not just for work that was created, the work that States is creating work for the 21st them, but for our society. was created by these inventions and by century. The hit rate, if you are a young re- the opportunities to allow our imagina- Oppose the amendment and support searcher applying for a grant through tion to generate a better quality of life the bill for the betterment of America. NSF, your hit rate is low. You are for Americans. Mr. Chairman, I rise in strong support of going to spend a tremendous amount of This bill, H.R. 1867, which, as I said, H.R. 1867, the National Science Foundation effort applying for a grant, trying to I enthusiastically support, creates Authorization Act of 2007. This bill is another further your research agenda, and your work for the 21st century. It empha- important component of the new Democratic hit rate is going to be significantly sizes the underserved. It encourages re- majority’s Innovation Agenda, which is de- low. That is demoralizing. It blocks im- search to be done by Historically Black signed to make our Nation more able to com- portant avenues of research that might Colleges and Historically Hispanic pete successfully in the global economy. yield promising results. Serving Institutions, and as well, to Mr. Chairman, to ensure that the United And when we make these cuts, it is encourage diversity in science, tech- States will continue to have a workforce ready easy for us. I agree that we have got a nology, engineering and mathematics. for global competition, it is essential that we huge fiscal problem. But, again, I will There is an important provision that make a sustained commitment to federal re- tell you that if you look at the long- mentions, of course, the intent of this search and development. The National term drivers of the fiscal problems this particular legislation to determine how Science Foundation is crucial to these goals, country faces, nobody says it is that different minority groups are impacted providing vital support to our Nation’s science vast waste at the National Science by this funding, which is whether or and engineering projects and researchers. Foundation that is driving this coun- not we can increase the number of Created by the National Science Foundation try into debt. That is not what they underrepresented minorities in the Act of 1950, the National Science Foundation, say. They say it is a combination of science, technology, engineering and or NSF, is tasked with the broad mission of revenue, it is a combination of entitle- mathematics fields, and how we can in- supporting science and engineering. This ment programs, it is a combination of crease women in these fields. For the agency provides funding for basic research defense. I agree we ought to debate time I have worked on the Science across many disciplines, and offers support for those, but not on the back of the Na- Committee as a former member of the merit awards, state-of-the-art tools, and instru- tional Science Foundation, for good- committee, these were issues that we mentation and facilities. The majority of the re- ness sake. worked on together. search supported by the NSF is conducted at So I would urge defeat of this amend- What the gentleman is trying to U.S. colleges and universities. ment for the same reasons I urged de- achieve with this across-the-board cut This bill reaffirms our commitment to sci- feat previously. is amazing to me, because what he is entific excellence by reauthorizing the National Ms. JACKSON-LEE of Texas. Mr. actually saying to the world and to Science Foundation (NSF) for three years and Chairman, I move to strike the last America is we are second rate. We providing nearly $21 billion in funding for fiscal word. don’t believe in investing in the next years 2008–2010. This legislation appropriates Mr. Chairman, I rise to support the generation of research. We don’t be- specific funding for each of the NSF’s major underlying bill, H.R. 1867, and rise to lieve in uplifting those who are inter- accounts: research and related activities, edu- express my appreciation and thank the ested in these disciplines to give them cation and human resources, major research Science Committee for the bipartisan merit and worth. equipment and facilities construction, agency effort that they have always engaged I would ask the gentleman, though I operations and award management, the Na- in, and frankly, want, to thank them am sure his rebuttal will be that we tional Science Board, and the Office of the In- for the opportunity that I have had to don’t pay those dollars. I don’t know if spector General. A number of specific pro- serve on that committee for a number we do. What is a high school football or grams within the science, technology, engi- of years. basketball coach worth? What is a col- neering, and math (STEM) educational cat- Usually we rise and say with great lege football, basketball or any other egories are singled out as the recipients of reluctance, I rise to oppose the amend- sport’s coach worth? Can we not, as a funding. Additionally, specific funding is des- ment. I might say with great vigor I Nation, make a commitment to the re- ignated for Major Research Instrumentation rise to oppose the amendment. Because search community by affirming their (MRI) awards. By raising the cap for these as I served on the Science Committee importance? awards, this bill allows the NSF to support a for a number of years, I used to always Dr. EHLERS and Dr. BAIRD have wider range of state-of-the-art research tools. start the hearings with the idea that worked together affirming the impor- This bill contains many other important pro- science is the work of the 21st century, tance of research, and not closing the visions. It requires an evaluation of NSF’s role and certainly the National Science door of this important responsibility in supporting interdisciplinary research, and Foundation sets the framework for en- that we have. encourages university and industry partner- couraging research and innovativeness. I am fearful, Mr. Chairman, of where ships. It encourages young investigators I can’t imagine that the distin- this Nation is headed when we pull through a new grant program, and it requires guished gentleman who has offered this back on the ability of our Nation to in- a National Academy of Sciences report on amendment would venture to argue vest in the 21st century technology. barriers to and strategies for increasing the with me, and I cite just a few examples NASA represents that, the NASA participation of underrepresented minorities in that I think most of my colleagues and Space Station represents that, the cen- STEM fields. most of America frankly understand ters represent that, the laboratories The NSF ensures a continued national sup- how our lives have been changed by represent that. ply of scientific and engineering personnel, simply these innovations. Of course, We want to encourage this funneling, while promoting basic research and education some of them were by private inge- this pathway, if you will, this farm across a wide array of scientific and techno- nuity and private concepts and funding team of researchers, and this par- logical disciplines. In the interest of both eco- possibly, but that was an America of ticular legislation does that by in- nomic prosperity and military capability, the yesteryear. creased funding, by highlighting the United States must continue producing a But where would we be without the underserved, and I believe doing a lot workforce knowledgeable to maintain techno- Wright Brothers and the airplane? more. logical competitiveness. If we are to do this,

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00097 Fmt 7634 Sfmt 9920 E:\CR\FM\K02MY7.193 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4394 CONGRESSIONAL RECORD — HOUSE May 2, 2007 this Congress must continue funding and about educating their kids and being Prize winners all of whom happen to be strengthening science and mathematics edu- able to afford to send their kids to col- from America because we support this cation. Supporting this bill is an important lege and how do they pay for that? My research. step, and I strongly urge my colleagues to join constituents are concerned about the The Acting CHAIRMAN. The gentle- me in supporting this legislation. health care and the medical expendi- man’s time has expired. Mr. PRICE of Georgia. Mr. Chairman, tures for their families and how do Mr. MCNERNEY. Mr. Chairman, I I move to strike the last word. they pay for that? My constituents are move to strike the last word, and I Mr. Chairman, I know my good friend concerned about the housing for their yield to the gentleman from Michigan from Texas did not intend to, but I family and loved ones, and how do they (Mr. EHLERS). would respectfully request the Chair pay for that? Mr. EHLERS. I thank the gentleman make certain that he calls into order They are not seeing a 7 percent in- for yielding. Just to continue, today the Science individuals who impugn the motive of crease in their wages and salaries, even Committee had lunch with the latest other Members of this body. I think it though each and every one of those Nobel Prize winners, all of whom are is important that we not do that in things are just as vitally important to from America because we try very hard this Chamber. them as it is that we spend money on to provide funding for the research. Ms. JACKSON-LEE of Texas. Mr. overall Science Foundation research in They, I might point out, did the re- Chairman, will the gentleman yield? the United States of America. search a number of years ago. I hope Mr. PRICE of Georgia. I yield to the 2115 we can continue to provide Nobel Prize gentlewoman from Texas. b winners by adequately funding the Na- Ms. JACKSON-LEE of Texas. Mr. This amendment would not cut spending by a dime. This amendment tional Science Foundation and others. Chairman, I thank the gentleman. But in speaking to the gentleman would simply limit the growth rate Let me be the first, because I believe who got the award in physiology and from 7 percent down to 6.5 percent. The we are all distinguished gentlepersons, medicine, he talked about his dis- last amendment was seeing it go down gentleladies and gentlemen, say that covery and the impact it is going to my remarks were to the value of this from 7 percent to 6 percent. This would have on cancer treatment. That is very bill and to my philosophical disagree- be even less, from 7 to 6.5 percent. You likely to cause a substantial reduction ment with the author of this amend- would still be seeing a growth year in the cost of the treatment of cancer ment, and certainly recognize that he after year after year. The NSF would using his approach. is proud of America and all of the in- still be allowed to expend their dollars What does his approach depend on? ventiveness that she has, and therefore on those critical areas that my friend That is the Human Genome Project any intent that might have been per- from Georgia and the Members on the which we started a number of years ago ceived by my words were only to glo- other side of the aisle are so concerned in NIH and were the first Nation to do rify this bill and to celebrate our re- about for the betterment of this coun- that. searchers and our science in this coun- try. It is always amazing to me how dis- try. I would implore the Members on the coveries that we find in one area can Mr. PRICE of Georgia. Mr. Chairman, other side of the aisle that if we are to have application, and no one, I think, reclaiming my time, I appreciate the be consistent when we talk about the dreamed that when we did the Human gentlelady’s comments, and I would overall spending and revenue side for Genome Project that we might find the just respectfully suggest it might be this Congress, that we stop doing what cure of cancer there rather than in appropriate to review the words that the other side of the aisle has done. medicine. So it is very important that were spoken and reflect upon them. They have only looked at the revenue we continue funding the fundamental Mr. Chairman, I would also suggest side of the equation so far in the last 3 basic research so we can continue to candidly that my recollection, I am not or 4 months, giving us the largest tax enjoy the fruits of their research. absolutely certain, but my recollection increase in America’s history on the Mr. MCNERNEY. Mr. Chairman, I is that the Wright Brothers and Thom- other hand, but have done absolutely yield to the gentleman from Wash- as Edison had no government subsidy, nothing for the American public when ington (Mr. BAIRD). and the remarkable inventions that it says how are we going to set prior- Mr. BAIRD. I appreciate the gen- they came up with were without the ities for the American public and what tleman yielding, and I thank Mr. benefit of government subsidy. That is we spend money on, and how are we EHLERS for his comments. Very briefly, in 2002, 397 Members of not to say that government subsidy going to try to rein in spending for the this Congress, including 194 Members of isn’t appropriate for certain occasions, American public as well. I think we the then-majority party Republicans, but I would suggest that those individ- need to do it on both sides. voted to double, double, the National uals had remarkable accomplishments Finally, regarding what the gen- Science Foundation. without the kind of support that we are tleman from Michigan said, I agree For those members of your party who discussing today. with him. If we can do it across the plan to vote against this bill or who Mr. Chairman, I am pleased to yield board for all of the other programs, I plan to vote for this reduction in the to my good friend from New Jersey, the am right in line with him, and I sup- authorized levels for this committee, I sponsor of the amendment. port him on that endeavor as well. would just suggest you well may be Mr. GARRETT of New Jersey. Mr. Let’s start here, and I will be the first voting against something that you Chairman, I thank the gentleman from one to cosponsor any of his amend- voted for just a few years ago at much Georgia. ments to do likewise, decreasing the higher levels and that the President Mr. Chairman, I believe the other overall increases of spending that this signed into law. The then-majority side of the aisle has mischaracterized government has. voted to double the budget. The Presi- what this amendment does when they Mr. PRICE of Georgia. Mr. Chairman, dent signed it into law at much higher speak of cuts and pullbacks from I yield to the gentleman from Michigan levels than what we are talking about science and the Foundation. Nothing of (Mr. EHLERS). today. the kind is in this amendment. Instead, Mr. EHLERS. I thank the gentleman In the last Presidential election, we will still be increasing spending this for yielding. somebody ran around with a flip-flop year and next year and next year and Just briefly, I want to comment on a guy chasing Mr. KERRY. If you do this, next year up to $20.87 billion for these comment made by my friend from New the flip-flop guy might be outside your appropriated expenditures on the Na- Jersey about health care, a very, very door. tional Science Foundation, instead of important issue. But the only way we The Acting CHAIRMAN. The ques- $20.97 billion. are going to be able to offer better tion is on the amendment offered by I am very much concerned about edu- health care to everyone is by reducing the gentleman from New Jersey (Mr. cation and science and our research. the cost. GARRETT). Let me just add, I am also concerned One huge element of cost in health The question was taken; and the Act- about the education of our youth. My care is cancer treatment. Today at ing Chairman announced that the noes constituents are just as concerned lunch I met with the latest seven Nobel appeared to have it.

VerDate Aug 31 2005 04:07 May 03, 2007 Jkt 059060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.099 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4395 Mr. GARRETT of New Jersey. Mr. They come and ask what are we doing number of the issues the gentleman Chairman, I demand a recorded vote. and how are we prioritizing for their mentioned like cancer and other fac- The Acting CHAIRMAN. Pursuant to concerns within the NSF. tors. clause 6 of rule XVIII, further pro- The amendment before you simply So if we believe we want to address ceedings on the amendment offered by says can we find more than a quarter those important matters, one of the the gentleman from New Jersey will be million dollars to fund research on very studies this gentleman is sug- postponed. such programs as reproductive aging gesting we eliminate funding for could AMENDMENT NO. 10 OFFERED BY MR. GARRETT symptoms of midlife Bangladeshi im- very well address those very important OF NEW JERSEY migrants, but not more funding for re- issues. I would just urge you go back to Mr. GARRETT of New Jersey. Mr. search projects which might bring your women constituents and suggest Chairman, I offer an amendment. progress and eventually cures for some to them that you decided, based on The Acting CHAIRMAN. The Clerk of the serious illnesses we have already your vast medical and anthropological will designate the amendment. heard about on the floor? expertise, and your vast understanding The text of the amendment is as fol- In addition, how can we justify re- of women’s health, that menopause did lows: search like the diet and social strati- not merit research funding from the National Science Foundation. Amendment No. 10 offered by Mr. GARRETT fication of ancient cultures when here of New Jersey: at home current medical research is so And you may try to pick the title At the end of section 3, add the following desperately needed? and say what does that have to do with new subsection: Now, I understand that the point has Bangladeshi immigrants, et cetera. It (h) LIMITATION.—None of the funds author- been already made that we do not spe- may have a lot to do because natural ized under this section may be used for re- cifically itemize in the authorization experiments in which one population search related to— and another population may be of the (1) the reproductive aging and symptom ex- bills each one of these specific pro- grams, but these are, as the gentleman same age, different, but subject to dif- perience at midlife among Bangladeshi Im- ferent cultural or dietary or other fac- migrants, Sedentees, and White London knows, programs which have already Neighbors; and been authorized in the past and are tors, and thereby have different vari- (2) the diet and social stratification in an- continuing under the law right now ations in how they manifest certain bi- ological processes can often give us cient Puerto Rico. into 2007 and 2008. Mr. GARRETT of New Jersey. Mr. So doesn’t it behoove us here in Con- profound insights into disease proc- Chairman, just beginning where the gress to make a statement, to make a esses and the development of natural last comment on the last bill ended up, stand and say that at least in several of rhythms. And for you or I to presume that we I appreciate the gentleman pointing these areas we can make a position have the expertise to say that we don’t out that this side did support a dou- that our limited dollars should not be think this study will do that because bling of the NSF, and I was probably going to those areas, but instead we we know so much about menopause, one of those who was there to support would make the position that they sir, and I count myself among those the increase; so no one, I think, can should be going for Alzheimer’s, Par- ‘‘sirs,’’ I think is vastly presumptuous. take the position that we are not uni- kinson’s, diabetes and cancer research Menopause is profoundly important to formly as a body or as a party opposed and some other areas that we have pre- the women of this country. This study to the general notion of increasing, viously spoken about? deals with menopause, and I am tre- making significant increases to applied So I encourage my colleagues, do not mendously grateful to the gentleman research or general research, I should only exercise good stewardship over for picking this study because in so say, by the NSF. the taxpayers’ dollars, but in essence doing, you have made the best possible What we can ask, though, is after the to also ensure that worthy projects re- case for not micromanaging this fine last election, has the American voter ceive the funding they deserve within agency. spoken with regard to the overall that noble mission that I set forth at ANNOUNCEMENT BY THE ACTING CHAIRMAN growth in Federal spending in all the beginning, ‘‘To promote the The Acting CHAIRMAN. All Members areas, whether it is in science and progress of science, advance the na- are reminded to address their com- health care, whether it is in the war, tional health, prosperity and welfare ments to the Chair. for veterans or other areas; should we and secure the national defense.’’ Mr. PRICE of Georgia. Mr. Chairman, not look at each one individually and Mr. BAIRD. Mr. Chairman, I move to I move to strike the last word. decide some should go up, some should strike the last word. Mr. Chairman, the angst most re- remain the same, and some should go I would like to thank the gentleman cently demonstrated is curious in light up at a slightly different way? That is from New Jersey for making precisely of the events of recent history regard- what we are suggesting in the last the case I have tried to make myself. ing what this House has dealt with over amendment, simply that they should The case I have tried to make myself is the past week or two or three, and a go up at a slightly different arc than that it is not in the best purview of little longer history in light of what they are in the underlying bill, 6.5 per- this body to intervene and micro- this House and what this Congress cent instead of 7 percent. manage specific studies. deals with over and over and over In the amendment before us right The reason I point that out is be- again; and that is not the kind of ap- now, we look to see what is the under- cause the gentleman spoke about im- propriate kind of decisionmaking that lying mission of the NSF. If we look at portant health issues. One of the stud- my good friend from Washington so their mission statement, we see it is: ies he seeks to eliminate funding for passionately advocates here in this ‘‘To promote the progress of science, addresses an important health issue. bill, which is to delegate appropriate advance the national health, prosperity Menopause is tremendously important decisionmaking to people who have the and welfare and secure the national de- to the women of this society. It is fine expertise and have the knowledge to fense.’’ for two men to get up here and decide determine where those resources ought But during these tough fiscal times, whether we want to fund menopause be spent and where those decisions both at the Federal level and at the research; but I will tell you, every ought be made. family level, as I pointed out before, woman in this country is going to go Would that we as a Congress and we Congress must exercise good steward- through it, and they think menopause as a House use that same brilliance in ship over every penny of taxpayers’ matters. our decisionmaking when we make de- dollars. This includes helping the NSF One of the studies that the gen- cisions regarding health care. Again, as to focus on its priority projects. tleman wants to reduce funding for is a physician, this Chamber makes in- Just as the gentleman from Georgia very important in terms of addressing credible decisions that affect the very indicated, he has been visited by a the factors that influence how meno- personal health care of individuals number of people from various groups pause develops. I would share with the about which it has no knowledge what- dealing with health issues, so have I; gentleman, although my knowledge is soever, and takes the decisionmaking people with serious health issues like somewhat limited, I believe there are authority from physicians and patients Alzheimer’s, Parkinson’s and diabetes. correlations between menopause and a in an inappropriate way, I believe.

VerDate Aug 31 2005 04:51 May 03, 2007 Jkt 059060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.198 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4396 CONGRESSIONAL RECORD — HOUSE May 2, 2007 We also this past week determined as (b) ELIGIBILITY FOR CENTERS.—Section 11 of higher education, and the success rate upon re- a Chamber, the majority party has de- the National Science Foundation Authorization submittal of proposals by new investigators termined that they have greater Act of 2002 (42 U.S.C. 1862n–2) is amended— funded through this pilot program. Not later knowledge about the specific military (1) in subsection (a)(1), by inserting ‘‘or eligi- than 3 years after the date of enactment of this ble nonprofit organizations’’ after ‘‘institutions Act, the Board shall summarize its findings and activities that ought to occur on the of higher education’’; any recommendations regarding changes to or ground as it relates to our brave men (2) in subsection (b)(1) by inserting ‘‘or an eli- the continuation of the pilot program in a report and women who are fighting to defend gible nonprofit organization’’ after ‘‘institution to the Committee on Science and Technology of our liberty and our freedom. However, of higher education’’; and the House of Representatives and the Committee the majority party apparently believes (3) in subsection (b)(1) by striking ‘‘of such in- on Commerce, Science, and Transportation and that it is appropriate for them to make stitutions’’ and inserting ‘‘thereof’’. the Committee on Health, Education, Labor, specific decisions what our com- The Acting CHAIRMAN. Are there and Pensions of the Senate. manders ought to be doing on a day-to- any amendments to section 4? AMENDMENT NO. 7 OFFERED BY MR. FLAKE day basis. The Clerk will designate section 5. Mr. FLAKE. Mr. Chairman, I offer an So I would suggest, Mr. Chairman, The text of section 5 is as follows: amendment. that it would be appropriate to have SEC. 5. INTERDISCIPLINARY RESEARCH. The Acting CHAIRMAN. The Clerk some consistency in the arguments (a) IN GENERAL.—The Board shall evaluate will designate the amendment. that are being brought to the floor here the role of the Foundation in supporting inter- The text of the amendment is as fol- this evening regarding delegation of disciplinary research, including through the lows: Major Research Instrumentation program, the appropriate decisionmaking to those Amendment No. 7 offered by Mr. FLAKE: who have the expertise. effectiveness of the Foundation’s efforts in pro- Strike section 6. With that, I yield to the gentleman viding information to the scientific community about opportunities for funding of interdiscipli- Mr. FLAKE. Mr. Chairman, I just from New Jersey (Mr. GARRETT). nary research proposals, and the process have to say from the outset that I have b 2130 through which interdisciplinary proposals are been amazed, like the gentleman from selected for support. The Board shall also evalu- Georgia who mentioned a while ago, Mr. GARRETT of New Jersey. Mr. ate the effectiveness of the Foundation’s efforts you would think if you were listening Chairman, again, I thank the gen- to engage undergraduate students in research tleman for yielding. The gentleman is to this debate at home that the only experiences in interdisciplinary settings, includ- research, the only science research a doctor and I am not going to ask him ing through the Research in Undergraduate In- going on in this country is funded by for his medical expertise because, as stitutions program and the Research Experi- you say, that is not our role here to ences for Undergraduates program. government, and it is simply not the delve into these things but to simply (b) REPORT.—Not later than 1 year after the case, gratefully. In fact, just a fraction raise the questions. date of enactment of this Act, the Board shall of the research going on in the sci- I will tell you this, that when I come provide the results of its evaluation under sub- entific field is funded by government. back to my constituents and they tell section (a), including a recommendation for the The private sector funds it gratefully. proportion of the Foundation’s research and re- And unfortunately, one can make the me about their health concerns, wheth- lated activities funding that should be allocated er it is menopause or cancer or other- case and the case is often made persua- for interdisciplinary research, to the Committee sively that as we increase government wise, their first concern is how are on Science and Technology of the House of Rep- they going to address their own health resentatives and the Committee on Commerce, funding in this area, it displaces pri- needs, how are they going to address Science, and Transportation and the Committee vate sector funding because companies their health care costs and what are we on Health, Education, Labor, and Pensions of can then rely on government rather doing here about it. Their second ques- the Senate. than their own R&D budgets. tion is what research are we doing here The Acting CHAIRMAN. Are there There is also something called oppor- at home for these areas. any amendments to section 5? tunity cost. Whenever you hear the The study that you reference, repro- The Clerk will designate section 6. word ‘‘investment’’ in terms of govern- ductive aging and symptoms experi- The text of section 6 is as follows: ment funding, you have to be a little enced at midlife among Bangladeshi SEC. 6. PILOT PROGRAM OF GRANTS FOR NEW IN- skeptical. You have to say what is the immigrants, sedentees, and white Lon- VESTIGATORS. opportunity cost? If you had left this don neighbors does not, of course, as (a) IN GENERAL.—The Director shall carry out money in the private sector, would it the gentleman knows, look to those a pilot program to award one-year grants to in- have produced more? You will never dividuals to assist them in improving research issues here at home, but rather else- know that. But we do know the private proposals that were previously submitted to the sector tends to do things a lot more ef- where. Foundation but not selected for funding. My constituents will raise the ques- (b) USE OF FUNDS.—Grants awarded under ficiently than government does. tion, is that the first priority or should this section shall be used to enable an indi- Let me speak to this amendment. that be the first priority of the NSF. I vidual to resubmit an updated research proposal This amendment would strike a new am not an expert, I am not a doctor for review by the Foundation through the agen- pilot project created in this bill. Keep like the gentleman, so I cannot suggest cy’s competitive merit review process. Uses of in mind, people will say we cannot cut that that is the most important one, funds made available under this section may in- this bill or whatever else. This is a new clude the generation of new data and the per- but my constituents will certainly program that I am seeking to strike formance of additional analysis. here. raise that question for me, and my con- (c) ELIGIBILITY.—To be eligible to receive a stituents will certainly be consistent, grant under this section, an individual shall— This pilot project would award one- as the gentleman from Georgia says, (1) not have previously received funding as year grants to individuals to assist and that we should make sure that the principal investigator of a research grant them in improving research proposals those dollars are spent here on their from the Foundation; and that were previously submitted to the own health concerns first. (2) have submitted a proposal to the Founda- National Science Foundation but were The Acting CHAIRMAN. The ques- tion, which may include a proposal submitted to not selected for funding. In other the Research in Undergraduate Institutions pro- tion is on the amendment offered by words, if you submit an application, it gram, that was rated very good or excellent is not approved for funding, the govern- the gentleman from New Jersey (Mr. under the Foundation’s competitive merit review GARRETT). process. ment will give you money to improve The amendment was rejected. (d) SELECTION PROCESS.—The Director shall the application so it might be approved The Acting CHAIRMAN. The Clerk make awards under this section based on the next year. will designate section 4. advice of the program officers of the Founda- The man that comes on television, The text of section 4 is as follows: tion. running around in this crazy suit, Mat- SEC. 4. CENTERS FOR RESEARCH ON LEARNING (e) PROGRAM ADMINISTRATION.—The Director thew Lesko I think is his name, comes AND EDUCATION IMPROVEMENT. may carry out this section through the Small to mind here. Are we going to fund like (a) FUNDING FOR CENTERS.—The Director Grants for Exploratory Research program. Matthew Lesko? Are we simply saying, shall continue to carry out the program of Cen- (f) NATIONAL SCIENCE BOARD REVIEW.—The ters for Research on Learning and Education Board shall conduct a review and assessment of all right, here is more money to help Improvement as established in section 11 of the the pilot program under this section, including you get government money? Are there National Science Foundation Authorization Act the number of new investigators funded, the dis- not sufficient programs within the Na- of 2002 (42 U.S.C. 1862n–2). tribution of awards by type of institution of tional Science Foundation that we

VerDate Aug 31 2005 04:51 May 03, 2007 Jkt 059060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.201 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4397 should be funding, that we have extra This reminds me actually of many of across all fields and all communities, money to actually fund people who did the earmarks that you will see in the especially those that have been histori- not get the grants to help them im- given months. Many of those are given cally underrepresented. prove their proposals that they might to people to prepare grants to receive Mr. Chairman, this amendment for get a grant next year? more money. HSIs strengthens that education and I understand the defense will say, or Mr. HINOJOSA. Mr. Chairman, I human resources mission. those defending these grants that this move to strike the last word. I strongly urge my colleagues to sup- pilot project is intended to help young- I rise in strong support of H.R. 1867, port this amendment and the under- er scientists who may be losing out on legislation to reauthorize the National lying bill, H.R. 1867. NSF grants because they do not know Science Foundation, and of this amend- The Acting CHAIRMAN. Who seeks how to prepare proposals compared to ment that will give Hispanic-serving recognition on the Flake amendment? more seasoned researchers or sci- institutions, what we refer to as HSIs, Mr. BAIRD. Mr. Chairman, I move to entists. The answer does not lie in the support they need to prepare our strike the last word. I greatly respect and admire the gen- more Federal dollars to help them pre- next generation of scientists, engineers pare grant proposals. If there are prob- tleman from Arizona, who I know is and mathematicians. committed to trying to reduce the def- lems in terms of more tenured sci- I would like to thank my colleagues, icit, as am I, and we have worked on entists getting these proposals, then Congressman JERRY MCNERNEY of Cali- perhaps we ought to look at the appli- other areas on that, but let me just fornia, Congresswoman GABRIELLE GIF- share a couple of things about this. cation process and procedures and FORDS of Arizona, and Congressman tweak those or change those rather First of all, the gentleman talked JOE CROWLEY of New York for bringing about private industry research, and he than say let us spend money and take this amendment forward. It will make money out of the National Science is right about that. There is a lot of a great difference. private industry research. Let me Foundation budget and give it to peo- The McNerney-Giffords-Crowley ple who were rejected in their funding. share with the gentleman some of the amendment allows the National private industry bodies that endorse This is a tight budget environment. I Science Foundation to establish a com- need not remind the majority that we this bill, and the list is very impres- petitive, merit-based program to award sive. I have got it. I would be happy to are in a deficit situation. I would sup- grants to HSIs for science, technology, port across-the-board cuts everywhere share it. If it is such a bad bill or needs engineering and mathematics edu- to be dramatically modified, these are in government, but boy, to say that we cation. This program seeks to enhance have got to increase the budget here 25 the organizations that support it: the quality of undergraduate science, Computing Research Association, Na- percent over 3 years is a bit steep, and mathematics and engineering edu- tional Defense Industrial Association, then to create a new program like this cation and increase the retention and American Chemical Society, Business one and to say we are going to give graduation rates for undergraduate Roundtable, Information Technology money to those who are not getting the students pursuing STEM degrees at 2- Association of America, National Ven- programs, and one more thing before I year and 4-year HSIs. The initiative ture Capital Association, Semicon- yield back. ductor Industry Association, Software I have heard from the other side, will support curriculum and faculty de- & Information Industry Association, those defending the current budget and velopment in STEM areas; stipends for TechNet, Technology CEO Council, arguing against proposals to actually undergraduate students participating Accenture, Advanced Micro Devices, cut specific programs, that we have a in research; and funding for instrumen- tation purposes. Agilent, Apple, Applied Materials. peer review process and that research I have only it four or five. I am just grants should only be given out that HSIs are the gateways for post-sec- ondary education for most Hispanic on the A’s. I could go on. way. I am glad to hear that because my The point being, yes, private indus- guess is when we come 3 months from students. Despite having fewer re- sources than other institutions, HSIs try does fund a great deal of research. now or 2 months from now to the ap- They recognize government has a very propriations process, in the SSJC budg- are among the top producers of our new Hispanic STEM professionals. Yet, important role, and far from being et, there will be earmarks from that deeply suspicious of that role, they side of the aisle, from this side of the these vital institutions are often over- looked, or at best, seen as junior part- profoundly endorse it. aisle, to fund specific research grants, As for the gentleman’s amendment ners in our national research and edu- some of whom were turned down during per se, I share with the gentleman that cation enterprise. This amendment the peer review process. So this notion much of this legislation develops from helps give HSIs the attention they de- that you have got to have peer review research conducted by the National and that we do not have the knowl- serve. Academy of Science presented in Ris- I applaud the leadership of Chairman edge, I will confess that, but then why ing Above the Gathering Storm, which in the world are we earmarking like we GORDON, of Chairman BAIRD, Ranking the gentleman may or may not have are? Member HALL and Ranking Member read. The earmarks are specifically to say EHLERS for their bipartisan commit- One of the key challenges we face in I know better than the folks at NSF or ment to ensuring the United States re- our research enterprise is keeping folks over here because I am going to mains competitive in science, tech- young investigators in the pipeline. If give it to my university or somebody nology engineering and mathematics, you look at the data on when people who may have lost out on a grant, and better known as the STEM fields. are most productive, it does not cor- so the notion that, hey, you know, you The Science and Technology Com- relate particularly well with when they guys do not know what you are talking mittee has acted with the sense of ur- get the most funding. There are a host about when you are trying to cut gency that we should all share in order of reasons for that. spending, leave it to the experts, we do to put our Nation back on track to lead Part of the reason is it takes some not leave it to the experts. The Con- the world in the STEM fields. The Na- time to learn how to do the grants, and gress does not leave it to the experts. If tional Science Foundation is central to what we are trying to do here is to say we trusted the experts, we would not be developing our national capacity for to people, just remember that only earmarking like we are. research and innovation. about 25 percent of grants are funded. But, again, back to the specific I am particularly pleased that this So the mere fact you did not get fund- amendment, this is a new program, a bill emphasizes our need to develop our ing the first time does not mean your new program to take money from the human capital in the STEM fields. I application is a bad application at all. existing budget of NSF that we have would also like to thank my colleague It does not mean we have said it is not all heard is so important that we have and friend Congresswoman EDDIE BER- worthy of funding. Quite the contrary. to have for research, and giving it to NICE JOHNSON for her work in including What it may well have said is it is a people who did not get their projects an amendment to require strategic very good application, but given the approved, did not get a contract, did planning for the education and human competition and the constrained fund- not get research dollars to help them resources mission of the foundation so ing, in its current state, we will not prepare research dollars. that we fully develop our STEM talent choose it.

VerDate Aug 31 2005 04:51 May 03, 2007 Jkt 059060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.207 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4398 CONGRESSIONAL RECORD — HOUSE May 2, 2007 What this bill does is basically say to be able to determine how to fill out for scientific research, because all the young investigator, we will give their grant application appropriately? grants should go through the peer re- you some help in advancing your ca- Why should we waste precious Fed- view process. reer so you can make a second run at eral dollars that could go to, in fact, I might also add parenthetically that this. This is supported by the National the kinds of cures that he is endeavor- when the gentleman from Arizona was Science Foundation. Folks who have ing to fund with the moneys that he is on the antiearmark bandwagon a few done this research, and I have written promoting? Why should we waste those years ago, I believe I voted with him applications for grants, I am sure Dr. Federal dollars in this kind of endeav- more than most Members of the House, Ehlers has, it takes you a while to or, which, I think, is frankly ill-found- because I oppose earmarks in general, learn how to do it. ed and not needed. but particularly in scientific research. Sometimes the young professors who I am pleased to yield to my good I would also comment that the fact are the very people who are teaching friend from Arizona. that industry supports us is not indic- the undergraduate classes, trying to Mr. FLAKE. I thank the gentleman ative of the National Science Founda- get their labs put up, they lack the re- for yielding. tion doing industry’s research. Na- sources. And on top of that, you need First, let me point out I have the ut- tional Science Foundation does the to understand the dynamics of the peer most respect for my friend from Wash- basic research, the fundamental re- search, which has no apparent imme- review process. ington. We have worked together on diate use. Industry picks up on that Sometimes the more senior members, many issues. First, he mentioned that and says, okay, let’s see whether we the people with the long established re- the private sector groups are in sup- can develop something out of that. In search credentials and careers are just port of this legislation and the Na- other words, industry does not do very going to have more access to research tional Science Foundation. I have no much research, they do a lot of devel- because the peer reviewers are going to doubt. It doesn’t surprise me at all. But I would submit that that’s akin to opment. NSF does almost totally re- say, look, it is a safe bet to bet on this search and essentially no development. the government saying we are in a po- guy or this woman, they have been So it’s a very good symbiotic relation- sition now to fund free lunches for ev- around a long time. The unknown per- ship. son, the new person who may hold the eryone out there, and you can do it on As I mentioned earlier, before most promise of tomorrow, has a compara- the government’s dime. of the people here were on the floor, tive disadvantage. I would say that virtually every com- the rate of return on our research pany in America would say that’s a b 2145 money in the National Science Founda- great idea. Now we don’t have to fund tion has been incredible. Any account- So what we are trying to do is in a that. We don’t have to subsidize it for ant looking at this would say this is small way, a relatively small way with our employees. We can keep the prof- the best investment that the United this program, redress the difference be- its, invest them elsewhere. If private States Government makes because it tween the new investigators. We know companies don’t have to expend that has great results in our economy. what that’s like. We have been rel- money in their R&D budgets, they The Acting CHAIRMAN. The ques- atively young Members, not so any- would like not to. But that was a point tion is on the amendment offered by more here in the Congress. We have I made, that this often supplants the gentleman from Arizona (Mr. had the senior Members tell us where money that would be invested in the FLAKE). the bathroom was, to quit voting with private sector, probably more effi- The question was taken; and the Act- our meal cards and stuff like that. No- ciently if overall government spending ing Chairman announced that the noes body threw us out. They get a second is any guide. appeared to have it. chance. But what I am saying, that’s To the amendment in specific, the Mr. FLAKE. Mr. Chairman, I demand what this is about. gentleman from Georgia said it well. a recorded vote. I profoundly respect the gentleman. I With all the high-priority items in the The Acting CHAIRMAN. Pursuant to hope he knows that. He is committed National Science Foundation budget, clause 6 of rule XVIII, further pro- to try to reduce the deficit. This is not to take money out of that and to give ceedings on the amendment offered by the way to do it. This program is actu- it to those who didn’t present a suc- the gentleman from Arizona will be ally a good program. It’s by a host of cessful proposal would seem to me not postponed. scientists, a host of scientific bodies. I the highest-priority use of money. Mr. BAIRD. Mr. Chairman, in the in- think we ought to defeat the gentle- Remember, this is a new program. I terest of time, as it is getting rather man’s amendment, with respect, be- am not cutting a program that exists. late, I would ask unanimous consent cause I know his intent. In this case I This is a new pilot project. I just don’t that we limit debate on subsequent think he would have an adverse effect think this is a road that we want to go amendments to 10 minutes. on what we are trying to do with this down. I started to mention, before my The Acting CHAIRMAN. Is there ob- legislation. time ran out before, we have seen this jection to the request of the gentleman Mr. PRICE of Georgia. Mr. Chairman, in other fields, in other earmark fields, from Washington? I move to strike the last word. Mr. PRICE of Georgia. I object. where people are funding business con- The Acting CHAIRMAN. Objection is I appreciate the valiant effort on be- sortiums. Many of the earmarks in this heard. half of my friend from Washington in body go to business consortiums to The Clerk will designate section 7. attempting to dissuade Members from help them draft grant proposals to get The text of section 7 is as follows: voting against this amendment, which other earmarks or to get grants from SEC. 7. BROADER IMPACTS MERIT REVIEW CRI- I think is well founded. I appreciate the government or to lobby to get ear- TERION. gentleman from Arizona for offering it. marks. It’s simply not a road that we (a) IN GENERAL.—In evaluating research pro- I would remind the gentleman from want to go down as a Congress, I would posals under the Foundation’s broader impacts Washington that one of the roles of our submit. criterion, the Director shall give special consid- eration to proposals that involve partnerships office, one of the roles of our office is I thank the gentleman for yielding. to assist individuals with grant appli- between academic researchers and industrial Mr. PRICE of Georgia. I thank the scientists and engineers that address research cations. So there are other resources gentleman, and I commend him for his areas that have been identified as having high which the Federal Government supplies amendment. importance for future national economic com- for individuals who are searching to I am pleased to yield to my good petitiveness, such as nanotechnology. try to fill out their grant applications. friend from Michigan. (b) PARTNERSHIPS WITH INDUSTRY.—The Di- We are happy to help. Mr. EHLERS. I thank the gentleman rector shall encourage research proposals from I would also suggest, Mr. Chairman, for yielding. institutions of higher education that involve that the gentleman makes the point, First, to the gentleman from Ari- partnerships with businesses and organizations representing businesses in fields that have been appropriately, that only 25 percent of zona, I totally agree with your com- identified as having high importance for future the grants are accepted. So why should ments about earmarks. I have fought national economic competitiveness and that in- we waste Federal dollars on teaching hard here to keep this body and the clude input on the research agenda from and individuals who have other avenues to other body from providing earmarks cost-sharing by the industry partners.

VerDate Aug 31 2005 04:51 May 03, 2007 Jkt 059060 PO 00000 Frm 00102 Fmt 7634 Sfmt 6333 E:\CR\FM\K02MY7.208 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4399 (c) REPORT ON BROADER IMPACTS CRI- SEC. 11. SHARING RESEARCH RESULTS. The Clerk will designate section 14. TERION.—Not later than 1 year after the date of An investigator supported under a Founda- The text of section 14 is as follows: tion award, whom the Director determines has enactment of this Act, the Director shall trans- SEC. 14. DONATIONS. failed to comply with the provisions of section mit to Congress a report on the impact of the Section 11(f) of the National Science Founda- broader impacts grant criterion used by the 734 of the Foundation Grant Policy Manual, shall be ineligible for a future award under any tion Act of 1950 (42 U.S.C. 1870(f)) is amended by Foundation. The report shall— inserting at the end before the semicolon ‘‘, ex- (1) identify the criteria that each division and Foundation supported program or activity. The cept that funds may be donated for specific directorate of the Foundation uses to evaluate Director may restore the eligibility of such an prize competitions’’. the broader impacts aspects of research pro- investigator on the basis of the investigator’s posals; subsequent compliance with the provisions of The Acting CHAIRMAN. Are there (2) provide a breakdown of the types of activi- section 734 of the Foundation Grant Policy any amendments to section 14? ties by division that awardees have proposed to Manual and with such other terms and condi- The Clerk will designate section 15. carry out to meet the broader impacts criterion; tions as the Director may impose. The text of section 15 is as follows: (3) provide any evaluations performed by the The Acting CHAIRMAN. Are there SEC. 15. ADDITIONAL REPORTS. Foundation to assess the degree to which the any amendments to section 12? (a) REPORT ON FUNDING FOR MAJOR FACILI- broader impacts aspects of research proposals The Clerk will designate section 12. TIES.— were carried out and how effective they have The text of section 12 is as follows: (1) PRECONSTRUCTION FUNDING.—The Board been at meeting the goals described in the re- SEC. 12. FUNDING FOR SUCCESSFUL STEM EDU- shall evaluate the appropriateness of the re- search proposals; CATION PROGRAMS. quirement that funding for detailed design work (4) describe what national goals, such as im- (a) EVALUATION OF PROGRAMS.—The Director and other preconstruction activities for major proving undergraduate science, mathematics, shall, on an annual basis, evaluate all of the research equipment and facilities come exclu- and engineering education, improving K–12 Foundation’s grants that are scheduled to ex- sively from the sponsoring research division science and mathematics education, promoting pire within one year and— rather than being available, at least in part, university-industry collaboration and tech- (1) that have the primary purpose of meeting from the Major Research Equipment and Facili- nology transfer, and broadening participation the objectives of the Science and Engineering ties Construction account. of underrepresented groups, the broader impacts Equal Opportunity Act (42 U.S.C. 1885 et seq.); (2) MAINTENANCE AND OPERATION COSTS.—The criterion is best suited to promote; and or Board shall evaluate the appropriateness of the (5) describe what steps the Foundation is tak- (2) that have the primary purpose of providing Foundation’s policies for allocation of costs for, ing and should take to use the broader impacts teacher professional development. and oversight of, maintenance and operation of criterion to improve undergraduate science, (b) CONTINUATION OF FUNDING.—For grants major research equipment and facilities. mathematics, and engineering education. that are identified under subsection (a) and that (3) REPORT.—Not later than 6 months after are deemed by the Director to be successful in The Acting CHAIRMAN. Are there the date of enactment of this Act, the Board meeting the objectives of the initial grant solici- shall report on the results of the evaluations any amendments to section 7? tation, the Director may extend the duration of under paragraphs (1) and (2) and on any rec- The Clerk will designate section 8. those grants for up to 3 additional years beyond ommendations for modifying the current policies The text of section 8 is as follows: their scheduled expiration without the require- related to allocation of funding for major re- SEC. 8. POSTDOCTORAL RESEARCH FELLOWS. ment for a recompetition. The Director may ex- search equipment and facilities to the Committee (a) MENTORING.—The Director shall require tend such grants for an additional 3 years fol- on Science and Technology and the Committee that all grant applications that include funding lowing a second review within 1 year before the on Appropriations of the House of Representa- to support postdoctoral researchers include a de- extended completion date, in accordance with tives, and to the Committee on Commerce, scription of the mentoring activities that will be subsection (a), and the determination by the Di- Science, and Transportation, the Committee on provided for such individuals, and shall ensure rector that the objectives of the grant are being Health, Education, Labor, and Pensions, and that this part of the application is evaluated achieved. the Committee on Appropriations of the Senate. under the Foundation’s broader impacts merit (c) REPORT TO CONGRESS.—Not later than 2 (b) INCLUSION OF POLAR FACILITIES UPGRADES review criterion. Mentoring activities may in- years after the date of enactment of this Act, IN MAJOR RESEARCH EQUIPMENT AND FACILITIES clude career counseling, training in preparing the Director shall submit a report to the Com- CONSTRUCTION PLAN.—Section 201(a)(2)(D) of grant applications, guidance on ways to im- mittee on Science and Technology of the House the National Science Foundation Authorization prove teaching skills, and training in research of Representatives and to the Committee on Act of 1998 (42 U.S.C. 1862l(a)(2)(D)) is amended ethics. Commerce, Science, and Transportation and the by inserting ‘‘and for major upgrades of facili- (b) REPORTS.—The Director shall require that Committee on Health, Education, Labor, and annual reports and the final report for research Pensions of the Senate that— ties in support of Antarctic research programs’’ grants that include funding to support (1) lists the grants which have been extended after ‘‘facilities construction account’’. EPORT ON EDUCATION PROGRAMS WITHIN postdoctoral researchers include a description of in duration by the authority provided under (c) R THE RESEARCH DIRECTORATES.—Not later than 6 the mentoring activities provided to such re- this section; and months after the date of enactment of this Act, searchers. (2) provides any recommendations the Director may have regarding the extension of the author- the Director shall transmit to the Committee on The Acting CHAIRMAN. Are there ity provided under this section to programs Science and Technology of the House of Rep- any amendments to section 8? other than those specified in subsection (a). resentatives and the Committee on Commerce, The Clerk will designate section 9. The Acting CHAIRMAN. Are there Science, and Transportation and the Committee The text of section 9 is as follows: on Health, Education, Labor, and Pensions of any amendments to section 12? the Senate a report cataloging all elementary SEC. 9. RESPONSIBLE CONDUCT OF RESEARCH. The Clerk will designate section 13. The Director shall require that each institu- and secondary school, informal, and under- The text of section 13 is as follows: graduate educational programs and activities tion that applies for financial assistance from SEC. 13. COST SHARING. the Foundation for science and engineering re- supported through appropriations for Research (a) IN GENERAL.—The Board shall evaluate and Related Activities. The report shall display search or education describe in its grant pro- the impact of its policy to eliminate cost sharing posal a plan to provide appropriate training and the programs and activities by directorate, along for research grants and cooperative agreements with estimated funding levels for the fiscal years oversight in the responsible and ethical conduct for existing programs that were developed of research to undergraduate students, graduate 2006, 2007, and 2008, and shall provide a descrip- around industry partnerships and historically tion of the goals of each program and activity. students, and postdoctoral researchers partici- required industry cost sharing, such as the En- pating in the proposed research project. The report shall also describe how the programs gineering Research Centers and Industry/Uni- and activities relate to or are coordinated with The Acting CHAIRMAN. Are there versity Cooperative Research Centers. The the programs supported by the Education and any amendments to section 9? Board shall also consider the impact that the Human Resources Directorate. The Clerk will designate section 10. cost sharing policy has on initiating new pro- (d) REPORT ON RESEARCH IN UNDERGRADUATE The text of section 10 is as follows: grams for which industry interest and participa- INSTITUTIONS PROGRAM.—The Director shall tion are sought. SEC. 10. REPORTING OF RESEARCH RESULTS. transmit to Congress along with the fiscal year (b) REPORT.—Not later than 6 months after The Director shall ensure that all final project 2011 budget request a report listing the funding the date of enactment of this Act, the Board success rates and distribution of awards for the reports and citations of published research doc- shall report to the Committee on Science and uments resulting from research funded, in whole Research in Undergraduate Institutions pro- Technology and the Committee on Appropria- gram, by type of institution based on the highest or in part, by the Foundation, are made avail- tions of the House of Representatives, and the able to the public in a timely manner and in academic degree conferred by the institution, for Committee on Commerce, Science, and Transpor- fiscal years 2008, 2009, and 2010. electronic form through the Foundation’s Web tation, the Committee on Health, Education, (e) ANNUAL PLAN FOR ALLOCATION OF EDU- site. Labor, and Pensions, and the Committee on Ap- CATION AND HUMAN RESOURCES FUNDING.— The Acting CHAIRMAN. Are there propriations of the Senate, on the results of the (1) IN GENERAL.—Not later than 60 days after any amendments to section 10? evaluation under subsection (a). the date of enactment of legislation providing The Clerk will designate section 11. The Acting CHAIRMAN. Are there for the annual appropriation of funds for the The text of section 11 is as follows: any amendments to section 13? Foundation, the Director shall submit to the

VerDate Aug 31 2005 05:18 May 03, 2007 Jkt 059060 PO 00000 Frm 00103 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MY7.107 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4400 CONGRESSIONAL RECORD — HOUSE May 2, 2007 Committee on Science and Technology and the ject to the same security requirements as those graduate students in the communication of Committee on Appropriations of the House of required for personnel of the Foundation ap- the substance and importance of their re- Representatives, and to the Committee on Com- pointed under section 14(a).’’. search to nonscientist audiences, including merce, Science, and Transportation, the Com- (c) INCREASE IN NUMBER OF WATERMAN policymakers. mittee on Health, Education, Labor, and Pen- AWARDS TO THREE.—Section 6(c) of the National (b) REPORT TO CONGRESS.—Not later than 3 sions, and the Committee on Appropriations of Science Foundation Authorization Act of 1975 years after the date of enactment of this the Senate, a plan for the allocation of edu- (42 U.S.C. 1881a) is amended to read as follows: Act, the Director shall transmit a report to cation and human resources funds authorized ‘‘(c) Up to three awards may be made under the Committee on Science and Technology of by this Act for the corresponding fiscal year, in- this section in any one fiscal year.’’. the House of Representatives, and to the Committee on Commerce, Science, and cluding any funds from within the research and The Acting CHAIRMAN. Are there related activities account used to support activi- Transportation and the Committee on any amendments to section 16? Health, Education, Labor, and Pensions of ties that have the primary purpose of improving The Clerk will designate section 17. education or broadening participation. the Senate, describing how the activities re- (2) SPECIFIC REQUIREMENTS.—The plan shall The text of section 17 is as follows: quired under subsection (a) have been imple- include a description of how the allocation of SEC. 17. NATIONAL SCIENCE BOARD REPORTS. mented. The report shall include data on the funding— Paragraphs (1) and (2) of section 4(j) of the number of graduate students trained and the (A) will affect the average size and duration National Science Foundation Act of 1950 (42 number and size of grant supplements award- of education and human resources grants sup- U.S.C. 1863(j)(1) and (2)) are amended by strik- ed, and a description of the types of activi- ported by the Foundation; ing ‘‘, for submission to’’ and ‘‘for submission ties funded through the grant supplements. (B) will affect trends in research support for to’’, respectively, and inserting ‘‘and’’. Ms. MATSUI. Mr. Chairman, this the effective instruction of mathematics, science, The Acting CHAIRMAN. Are there amendment to the NSF reauthoriza- engineering, and technology; any amendments to section 17? tion is designed to improve the ability (C) will affect the K-20 pipeline for the study The Clerk will designate section 18. of scientists to communicate with non- of mathematics, science, engineering, and tech- scientific audiences such as businesses, nology; and The text of section 18 is as follows: (D) will encourage the interest of individuals SEC. 18. NATIONAL ACADEMY OF SCIENCE RE- the media, the general public and, of identified in section 33 or 34 of the Science and PORT ON DIVERSITY IN STEM course, Members of Congress. Specifi- Engineering Equal Opportunities Act (42 U.S.C. FIELDS. cally, my amendment would add a pro- 1885a or 1885b) in mathematics, science, engi- (a) IN GENERAL.—The Foundation shall enter vision to H.R. 1667 that authorizes a neering, and technology, and help prepare such into an arrangement with the National Acad- science communications initiative at individuals to pursue postsecondary studies in emy of Sciences for a report, to be transmitted to the National Science Foundation. these fields. the Congress not later than 1 year after the date I believe this proposal will ensure of enactment of this Act, about barriers to in- The Acting CHAIRMAN. Are there creasing the number of underrepresented mi- that we are getting as much return on any amendments to section 16? norities in science, technology, engineering, and the Federal Government’s investment The Clerk will designate section 16. mathematics fields and to identify strategies for in the National Science Foundation as The text of section 16 is as follows: bringing more underrepresented minorities into possible. By implementing this pro- SEC. 16. ADMINISTRATIVE AMENDMENTS. the science, technology, engineering, and math- gram, it would diversify the education (a) TRIANNUAL AUDIT OF THE OFFICE OF THE ematics workforce. of our scientists and would ensure that NATIONAL SCIENCE BOARD.—Section 15(a) of the (b) SPECIFIC REQUIREMENTS.—The Director policymakers and other nonscientists National Science Foundation Authorization Act shall ensure that the study described in sub- have better access to the technical ex- section (a) addresses— of 2002 (42 U.S.C. 4862n–5) is amended— pertise fostered by NSF and the Na- (1) in paragraph (3), by striking ‘‘an annual (1) social and institutional factors that shape audit’’ and inserting ‘‘an audit every three the decisions of minority students to commit to tion’s broader research enterprise, be- years’’; education and careers in the science, tech- cause if scientists can’t tell the rest of (2) in paragraph (4), by striking ‘‘each year’’ nology, engineering, and mathematics fields; us what they have discovered, we are and inserting ‘‘every third year’’; and (2) specific barriers preventing greater minor- not fully recognizing the benefits of (3) by inserting after paragraph (4) the fol- ity student participation in the science, tech- our investment in scientific research. lowing new paragraph: nology, engineering, and mathematics fields; Unfortunately, the ability to articulate ‘‘(5) MATERIALS RELATING TO CLOSED POR- (3) primary focus points for policy interven- the content and significance of sci- TIONS OF MEETINGS.—To facilitate the audit re- tion to increase the recruitment and retention of entific information is often overlooked quired under paragraph (3) of this subsection, underrepresented minorities in America’s future the Office of the National Science Board shall workforce; by graduate training programs. maintain the General Counsel’s certificate, the (4) programs already underway to increase di- My amendment directly addresses presiding officer’s statement, and a transcript or versity in the science, technology, engineering, this unmet need and would create a recording of any closed meeting, for at least 3 and mathematics fields, and their level of effec- pipeline of scientists who are increas- years after such meeting.’’. tiveness; ingly engaged with nonscientists, in- (b) LIMITED TERM PERSONNEL FOR THE NA- (5) factors that make such programs effective, cluding policymakers, business leaders TIONAL SCIENCE BOARD.—Subsection (g) of sec- and how to expand and improve upon existing and others. Providing communications tion 4 of the National Science Foundation Act of programs; training to our scientists will ensure 1950 (42 U.S.C. 1863(g)) is amended to read as (6) the role of minority-serving institutions in that we, the policymakers, can make follows: the diversification of America’s workforce in ‘‘(g) The Board may, with the concurrence of these fields and how that role can be supported the most informed decisions possible as a majority of its members, permit the appoint- and strengthened; and we debate technical issues and craft ment of a staff consisting of not more than 5 (7) how the public and private sectors can bet- policy. professional staff members, technical and pro- ter assist minority students in their efforts to This amendment creates a competi- fessional personnel on leave of absence from join America’s workforce in these fields. tively reviewed supplement within the academic, industrial, or research institutions for Integrative Graduate Education and AMENDMENT NO. 8 OFFERED BY MS. MATSUI a limited term and such operations and support Research Traineeship, or IGERT pro- Ms. MATSUI. Mr. Chairman, I offer staff members as may be necessary. Such staff gram. Investigators at IGERT-awardee an amendment. shall be appointed by the Chairman and as- institutions will compete for resources signed at the direction of the Board. The profes- The Acting CHAIRMAN. The Clerk to develop and implement communica- sional members and limited term technical and will designate the amendment. tions training. The IGERT program professional personnel of such staff may be ap- The text of the amendment is as fol- will administer the competitive review pointed without regard to the provisions of title lows: 5, United States Code, governing appointments process for this communications train- in the competitive service, and the provisions of Amendment No. 8 offered by Ms. MATSUI: ing initiative. chapter 51 of such title relating to classification, At the end of the bill, insert the following I have received strong support for and shall be compensated at a rate not exceed- new section: this program from stakeholders in my ing the maximum rate payable under section SEC. 19. COMMUNICATIONS TRAINING FOR SCI- district of Sacramento and from across 5376 of such title, as may be necessary to pro- ENTISTS. the country. Policymakers, scientists, vide for the performance of such duties as may (a) GRANT SUPPLEMENTS FOR COMMUNICA- educators, business leaders and science be prescribed by the Board in connection with TIONS TRAINING.—The Director shall provide the exercise of its powers and functions under grant supplements, on a competitive, merit- writers all agree we need to better in- this Act. Section 14(a)(3) shall apply to each reviewed basis, to institutions receiving tegrate scientific expertise into the limited term appointment of technical and pro- awards under the Integrative Graduate Edu- public debate. fessional personnel under this subsection. Each cation and Research Traineeship program. This amendment represents an im- appointment under this subsection shall be sub- The grant supplements shall be used to train portant step toward that goal. That is

VerDate Aug 31 2005 05:39 May 03, 2007 Jkt 059060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.131 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4401 why this amendment has received the Mr. LIPINSKI. Mr. Chairman, I move in is really beyond some of our ken. endorsement of the American Associa- to strike the last word. And I think that is fine. But if we are tion for the Advancement of Science Mr. Chairman, I rise in support of the going to make informed policy deci- and The Council of Graduate Schools. Matsui amendment. As Members of sions, it is essential that we under- This amendment is based on the Sci- Congress, we all understand just how stand the research that we are making entific Communication Act of 2007, critical communications skills are, decisions about that may have been il- H.R. 1453, that I introduced with Chair- whether we are trying to influence our lustrated earlier tonight in some of the man GORDON as an original cosponsor. I colleagues during debate such as to- discussion. would like to thank Chairman GORDON, night, or trying to explain a vote to Let me share with you, and I respect Mr. Hope, Mr. ALLEN, Mr. INSLEE and our constituents. Dr. EHLERS immensely, as everyone Mr. HIGGINS for their cosponsorship of b 2200 knows. But the very researchers who, if that legislation. there is concern that this proposal by Before I close, I would like to address If you cannot communicate effec- the gentlelady from California would a few misconceptions about this tively, the value of ideas can be lost reduce funding for other research, let amendment. I want to be clear, this and all of your work may be lost. The me point out that many of the associa- amendment contains no new authoriza- same is true for our Nation’s scientists tions whose members depend on the tion levels. For those who said that as they attempt to convey their work core research funding nevertheless be- this program would take away from to colleagues and especially to nonsci- lieve there is merit to this amendment. other NSF grants, I want to make a entific audience. And let me share with you, the Amer- few points. The NSF Director would de- This afternoon, when I had the oppor- ican Association for the Advancement termine the level of resources to de- tunity to speak with five recent Amer- of Science, I will read in a moment vote to this program. If the NSF Direc- ican Nobel laureate scientists, I was what they have to say, the Federation tor does not deem this program worthy very impressed by their ability to ex- of American Society for Experimental of funding, it won’t get any. plain their work. I may even say I was Biology, the Council of Graduate However, I think scientists, teachers, surprised. Why? Because, unfortu- Schools, the Society for Neuroscience. reporters, business owners, Members of nately, scientists are not always the I absolutely believe as a former teacher Congress and all our constituents most gifted speakers, and this is not a of science, I believe it is our obligation should support this program. This bill skill that we regularly find taught in authorized $21 billion for the National as teachers to help our young charges graduate schools. Dr. EHLERS was obvi- learn how to communicate what they Science Foundation. ously doing a much better job when he What good is that level of investment do. But it is not being done well was a professor, but this is not some- enough, that has been recognized, and if we don’t maximize the benefits? You thing that I have found as a professor should not need a Ph.D. to utilize the the gentlelady is to be commended for that is taught very often. And I speak it. ideas and breakthroughs that NSF-sup- from experience both as a professor and ported research produces. That’s why I Let me share with you that the as an engineer, and perhaps some may American Association for the Advance- am proposing this amendment. It will say I personally provide evidence sup- help to bridge the communication gap ment of Science says the following, porting this generalization. which I will submit for printing in the between scientists and the rest of us. So the Matsui amendment addresses RECORD. ‘‘While Federal support of sci- I hope all my colleagues here in the this problem by helping to provide House will support this amendment. As entific research is of critical impor- communication training to our Na- policymakers, I promise you, you will tance to innovation,’’ and let me un- tion’s young scientists. If scientists personally benefit from this program derscore this, ‘‘it is also very impor- can help better explain their research, when you hear expert testimony on tant that we find ways to make sure it will help us as policymakers as they technical topics. But, more impor- that science is effectively used to ad- come to explain and we could choose tantly, you should support it because it vance the human condition. Scientists the best path to move forward, espe- will enable all your constituents to and engineers must have the tools cially in the Science Committee. And share in the excellent research sup- needed to communicate the work they perhaps business leaders will be better ported by NSF. do. The ability to more effectively Mr. EHLERS. Mr. Chairman, I move able to turn some academic research communicate scientific information to strike the last word. into a good marketable product if they may inspire more children to pursue a I rise with some reluctance to speak can understand what this research can career in science, and certainly will against this amendment, because I like do. help a higher quality dialogue among the idea of what the gentlewoman from Finally, I believe that the ability of the research community and the citi- California is trying to do. But my con- our scientists to more effectively com- zens whose investment it relies on.’’ municate scientific information will cern is twofold. First of all, this will So I commend the gentlelady. This is inspire more children to pursue a ca- cut into the funding that the NSF al- something that we don’t talk about a reer in science. No one is inspired by ready has. It’s an added requirement lot; but when people have to commu- something that they don’t know be- for them. nicate information to the policy- cause they are unable to understand it. But my major objection is, I have makers or to the public or to the con- I thank Congresswoman MATSUI for taught at the university level and have sumers of their research, it is impor- offering this amendment, and I urge taught at the college level. I have al- tant they do so in a way that is intel- my colleagues for joining me in sup- ways felt this is the responsibility of ligible. This amendment moves an im- porting it. the colleges and universities to do, and portant step in that direction. I ap- Mr. BAIRD. Mr. Chairman, I move to they shouldn’t need an NSF grant to do plaud her and urge its passage. this. strike the last word. The job of the colleges and univer- Mr. Chairman, I rise in strong sup- AMERICAN ASSOCIATION FOR THE ADVANCEMENT OF SCIENCE, sities is to teach. What this is pro- port of the gentlelady from California’s Washington, DC, May 2, 2007. posing is that the NSF will be respon- amendment, and let me share with you Hon. DORIS MATSUI, sible for teaching these students how why. House of Representatives, to communicate their research. I think most Members of this body Washington, DC. I always tried to do that with my have had people from the scientific DEAR REP. MATSUI: Thank you for your students when I had graduate students. community come and talk to us about support in the recent passage of the reau- I think that’s an integral part of the why their research matters or how it is thorization for the National Science Founda- education program. So I reluctantly going to help society, and we have said tion (NSF) by the House Science and Tech- urge defeat of this amendment, simply to ourselves or to them, ‘‘Could you nology Committee. As you prepare to debate the NSF reau- because I think we ought to make it please put that in English so I know thorization bill (H.R. 1867) on the floor, I clear to the universities and the col- what you are talking about?’’ would like to express our support for your ef- leges that this is part of their responsi- The challenge is that the esoteric forts to improve scientific communication bility. realm that some of the scientists work with the public. For over 50 years, the NSF

VerDate Aug 31 2005 05:39 May 03, 2007 Jkt 059060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.223 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4402 CONGRESSIONAL RECORD — HOUSE May 2, 2007 has had a unique role in supporting basic re- SEC. 19. SENSE OF THE CONGRESS REGARDING Foundation math-science partnerships, search across the spectrum of scientific dis- THE MATHEMATICS AND SCIENCE can be used and is used to prove and PARTNERSHIP PROGRAMS OF THE ciplines. This support has led to remarkable enhance State investments in pro- advances in fields as disparate as DEPARTMENT OF EDUCATION AND THE NATIONAL SCIENCE FOUNDA- grams developed by the Department of nanotechnology and economic theory. TION. Education. While federal support of scientific research It is the sense of the Congress that— is of critical importance to innovation, it is In other words, these are two pro- (1) although the mathematics and science grams that happen to have the same also very important that we find ways to education partnership program at the Na- make sure that science is effectively used to tional Science Foundation and the mathe- names. They are very symbiotic. The advance the human condition. Scientists and matics and science partnership program at discoveries out of the research at the engineers must have the tools needed to the Department of Education practically National Science Foundation transfers communicate the work that they do. The share the same name, the 2 programs are in- directly over to the Department of ability to more effectively communicate sci- tended to be complementary, not duplica- Education, and is there applied to in- entific information may inspire more chil- tive; structions in the classrooms and for dren to pursue a career in science. It cer- (2) the National Science Foundation part- teacher training programs. tainly will help create a higher quality dia- nership programs are innovative, model re- logue among the research community, the form initiatives that move promising ideas b 2210 citizens whose investment it relies upon, and in education from research into practice to the broad society it ultimately serves. Another reason I come to offer this improve teacher quality, develop challenging amendment is because the other body, Sincerely, curricula, and increase student achievement ALAN L. LESHNER, in mathematics and science, and Congress the Senate, is working on this same Chief Executive Officer. intends that the National Science Founda- issue, this same bill, and they have Mr. WESTMORELAND. Mr. Chair- tion peer-reviewed partnership programs added an amendment which clarifies man, I move to strike the last word. found to be effective should be put into wider the difference between the National Mr. Chairman, I am confused. The practice by dissemination through the De- Science Foundation programs and the partment of Education partnership pro- Department of Education programs. I gentleman from Washington has been grams; and stating about micromanaging the NSF; am offering essentially the same (3) the Director of the National Science amendment so that when we go to con- and now that I see what this amend- Foundation and the Secretary of Education ment does is not only try to micro- should have ongoing collaboration to ensure ference with the Senate, this will be manage what they do with their grants that the 2 components of this priority effort preagreed to. It’s a necessary and im- and their money, but it is also saying for mathematics and science education con- portant clarification of the functions of to me that these institutions that get tinue to work in concert for the benefit of the two, and I urge the adoption of my these awards grants for the research States and local practitioners nationwide. amendment. from the NSF do not have a complete Mr. EHLERS. Mr. Chairman, I rise to Mr. BAIRD. Mr. Chairman, I move to teaching ability to teach these grad- address a particular problem with this strike the last word. uate students how to put their amendment. We have, for some time, The superb gentleman from Michigan thoughts to a nonscientist audience. had activities within the National is absolutely right. It’s a superb Now, to me, we are not only micro- Science Foundation aimed at teaching amendment. We’re happy to accept it, managing the NSF, but now we are get- future teachers, teaching them how to and I commend him for offering it. ting into some of these schools that re- teach math and science, and this gen- The Acting CHAIRMAN. The ques- ceive these grants and saying: You are erally fell into the rubric of a math- tion is on the amendment offered by not doing a full curriculum enough science partnership, because the Foun- the gentleman from Michigan (Mr. that you can educate these young sci- dation itself did not teach the teachers EHLERS). The amendment was agreed to. entists and these young researchers but rather responded to grants sub- into how to explain themselves to non- mitted by professors at various institu- AMENDMENT NO. 3 OFFERED BY MR. MCNERNEY scientist audiences. tions who were pleased to set up pro- Mr. MCNERNEY. Mr. Chairman, I So I think you can’t have your cake grams to teach these future teachers or offer an amendment. and eat it, too. Either we don’t want to existing teachers how better to teach The Acting CHAIRMAN. The Clerk micromanage, and if we are going to math and science. These have been will designate the amendment. micromanage, who is the ultimate de- very successful programs and are com- The text of the amendment is as fol- cider of that? And also, are we going to monly referred to as the math-science lows: start micromanaging what the cur- partnership. Amendment No. 3 offered by Mr. riculum is for these higher institutes of Recently, the Department of Edu- MCNERNEY: cation has developed programs involv- At the end of the bill, add the following learning that are turning out these sci- new section: entists? ing professional development for teach- ers in elementary and secondary SEC. 19. HISPANIC-SERVING INSTITUTIONS UN- The Acting CHAIRMAN (Mr. LYNCH). DERGRADUATE PROGRAM. schools to try to bring them up to The question is on the amendment of- (a) IN GENERAL.—The Director is author- fered by the gentlewoman from Cali- speed on the latest developments in ized to establish a new program to award math and science and how to teach fornia (Ms. MATSUI). grants on a competitive, merit-reviewed them. They ended up calling it the basis to Hispanic-serving institutions to en- The question was taken; and the Act- math-science partnership. hance the quality of undergraduate science, ing Chairman announced that the ayes This has resulted in a problem be- mathematics, engineering, and technology appeared to have it. cause some in the administration de- education at such institutions and to in- Mr. WESTMORELAND. Mr. Chair- cided to cut the budget of the National crease the retention and graduation rates of man, I demand a recorded vote. students pursuing associate’s or bacca- Science Foundation because they felt The Acting CHAIRMAN. Pursuant to laureate degrees in science, mathematics, this was a duplication of programs. It engineering, or technology. clause 6 of rule XVIII, further pro- is not. ceedings on the amendment offered by (b) PROGRAM COMPONENTS.—Grants award- The National Science Foundation ed under this section shall support— the gentlewoman from California will concentrates on doing research. The (1) activities to improve courses and cur- be postponed. Foundation’s model is designed for riculum in science, mathematics, engineer- AMENDMENT NO. 6 OFFERED BY MR. EHLERS competitive grants to spur innovative ing, and technology; Mr. EHLERS. Mr. Chairman, I offer programs that will be peer reviewed (2) faculty development; an amendment. (3) stipends for undergraduate students and evaluated to enhance research on participating in research; and The Acting CHAIRMAN. The Clerk effective math and science education, (4) other activities consistent with sub- will designate the amendment. whereas the Department of Education section (a), as determined by the Director. The text of the amendment is as fol- ensures that this knowledge is dissemi- (c) INSTRUMENTATION.—Funding for instru- lows: nated to as many school districts as mentation is an allowed use of grants award- ed under this section. Amendment No. 6 offered by Mr. EHLERS: possible. Knowledge gained from the At the end of the bill, add the following competitive foundation scholarships, Mr. MCNERNEY. Mr. Chairman, I new section: in other words the National Science would like to thank Chairman GORDON,

VerDate Aug 31 2005 05:20 May 03, 2007 Jkt 059060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.137 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4403 Ranking Member HALL, and my good leges, and this amendment will allow tials to enter the critical fields that friend Dr. BAIRD for bringing H.R. 1867, Hispanic-serving institutions to better impact American competitiveness, the National Science Foundation Reau- serve our future leaders and scientists. those STEM fields. thorization Act, to the floor. This is a I strongly urge my colleagues to sup- This amendment truly benefits all of very important bill that will benefit port this amendment. the United States of America. our young scientists for generations to Ms. GIFFORDS. Mr. Chairman, I In my district I have three Hispanic- come. move to strike the last word. serving institutions, Pima Community I would also like to thank some of Mr. Chairman, I rise today to speak College, Cochise Community College my colleagues, Ms. GIFFORDS and Mr. in support of the McNerney-Giffords- and, of course, the University of Ari- CROWLEY, for their support. Crowley amendment to the National zona South. All three of these institu- My amendment makes a needed Science Foundation Authorization Act tions support this amendment which change to H.R. 1867 by allowing the Di- of 2007. would give them the opportunity to rector of the National Science Founda- I want to thank Congressman improve their STEM education pro- tion to establish a competitive, merit- MCNERNEY and Congressman CROWLEY grams. based program to award grants to His- for their help in crafting this amend- Dr. Karen Nicodemus, who is the panic-serving institutions for science, ment. It has been a pleasure to work president of Cochise College, told my technology, engineering and mathe- with both of them. office, ‘‘As President of a rural His- matics, or STEM education. A Hispanic-serving institution is de- panic-serving institution, I applaud The U.S. is in danger of falling be- fined as an institution of higher edu- and strongly support any and all ef- hind the rest of our competitors in the cation that has at least 25 percent His- forts to fund and expand undergraduate world in STEM education, and it is im- panic full-time enrollment, and at student access to the STEM areas. Di- perative that we improve academics in least 50 percent of the school’s student recting resources to a growing but his- this country. We need initiatives that population must be eligible for need- torically underserved student popu- increase educational opportunities for based financial aid. lation is essential, essential to fully all young adults in order to expand the This amendment will establish a new engaging and preparing them for the number of students who pursue careers program in the National Science Foun- 21st century,’’ Mr. Chairman, which we in science and math-related fields. dation to award grants to Hispanic- know is so critical. The National Academy of Science’s serving institutions on a competitive, According to Dr. Roy Flores, who is study, Rising Above the Gathering merit-reviewed basis. These grants will the chancellor of Pima Community Storm, paints a very sobering picture enhance the quality of undergraduate College, ‘‘Our ability to increase mi- of our future if we continue to see de- science, math, engineering and tech- nority graduates in science, tech- clines in both the quality and the nology education. This will increase nology, engineering and math degree quantity of science and math students. student retention and graduation rates programs will determine our relative However, we can alter this current for those students pursuing degrees in position in the global economy.’’ This amendment, Mr. Chairman, is trend by expanding options for our these critical areas. all about keeping America globally children. Specifically, this grant program will The House has passed numerous bills support faculty development, which is competitive in this 21st century. I en- in recent weeks to create new opportu- critical; stipends for undergraduate courage all of my colleagues to support nities in STEM education. These are students participating in research; and it. Mr. CROWLEY. Mr. Chairman, I excellent first steps. Likewise, today’s initiatives to improve courses and cur- riculum in science, math and engineer- move to strike the last word. legislation, and my amendment, pro- I just want to simply rise to con- ing and technology. vide us with the building blocks for gratulate my colleagues, both Mr. academic progress. We should continue In 2005, Mr. Chairman, a group of bi- MCNERNEY as well as Ms. GIFFORDS, partisan congressional lawmakers working hard to improve access to edu- both leaders on the Science Committee asked the experts at the National cation and offer better services for our on this issue, in advancing our Demo- Academies for steps that policymakers students and families. cratic innovative agenda. must pursue in order to ensure the This amendment does that by allow- This amendment will benefit His- United States remains globally com- ing Hispanic-serving institutions panic-serving institutions throughout petitive. throughout the country to participate our Nation to inspire more of our Their report, entitled Rising Above in NSF programs. As the largest mi- young people to seek careers in indus- the Gathering Storm, which we refer to nority group in the United States, His- tries that will foster the growth in frequently on the Science Committee, panic populations should be encouraged mathematics and science among pri- found that the United States will stand to access the educational fields where marily Hispanic-serving institutions. we need the most talent, in science, to lose in terms of global competitive- technology, engineering and mathe- ness unless we act immediately. b 2220 matics. One of the recommendations was to And I stand wholeheartedly behind At San Joaquin Delta College in my increase the participation of minorities this amendment. This will include over district, and at hundreds of similar 2- in STEM education fields. That report 10,000 students in my district who will and 4-year institutions, students ben- stated that ‘‘increasing participation directly benefit from this amendment. efit from existing funds and programs of underrepresented minorities is crit- Let me just read some of the institu- that will be enhanced by the adoption ical to ensuring a high-quality supply tions in Queens and the Bronx, includ- of this amendment. of scientists and engineers in the ing Lehman College, Bronx Community We should give the NSF the ability United States over the long term. And College, Hostos Community College, to support improvement of curriculum as minority groups increase in percent- LaGuardia Community College, and courses at Hispanic-serving insti- age within the United States popu- Vaughn College of Aeronautics and tutions, while also providing for fac- lation, increasing their participation in Technology at LaGuardia Airport, and ulty development initiatives that will those STEM fields is critical.’’ the College of Mount Saint Vincent. lead to better-educated students. In my home State of Arizona, 50 per- They are just a few of the colleges that In addition to the benefits of these cent of the population 18 years of age will benefit from this amendment. changes, my amendment is fiscally re- and younger are Hispanic. My amend- And with that, Mr. Chairman, I sponsible. It authorizes no new fund- ment will ensure that Hispanics, our wholeheartedly support it and ask my ing. It simply provides the opportunity Nation’s largest ethnic minority, and colleagues to support this amendment for Hispanic-serving institutions to many blacks, whites, Asians and Na- as well. compete for NSF funds in the same tive Americans who attend Hispanic- Mr. Chairman, I rise today to support the way as other institutions. serving institutions will be able to McNerney-Giffords amendment. This amend- The NSF already supports similar more fully contribute to American in- ment establishes a new competitive grants programs for Historically Black Col- novation. It will expand the number of program specifically for Hispanic-Serving Insti- leges and Universities and Tribal Col- students graduating with the creden- tutions at the National Science Foundation.

VerDate Aug 31 2005 05:20 May 03, 2007 Jkt 059060 PO 00000 Frm 00107 Fmt 7634 Sfmt 9920 E:\CR\FM\K02MY7.232 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4404 CONGRESSIONAL RECORD — HOUSE May 2, 2007 I would like to thank Representative tions in this process, we can reach out to and given such terms in the Congressional Budg- MCNERNEY and Representative GIFFORDS for involve more of the Hispanic educational com- et and Impoundment Control Act of 1974 (2 their leadership in offering this amendment, munity. U.S.C. 621 et seq.). which will increase opportunities for so many The National Science Foundation, through Mr. PRICE of Georgia. Mr. Chairman, undergraduate students. its undergraduate and graduate programs, can I know the hour is late and we are This amendment will focus attention on the assist Hispanic-Serving Institutions in devel- drawing to a close on this, and I think need to involve more Hispanic students in the oping programs to prepare current and future this is an appropriate amendment upon science field by creating a specific program for generations of Hispanics and other minority which to end for this is the amendment Hispanic-Serving Institutions to receive infra- professionals in the sciences. that allows us as a Congress to say, structure development funding. I applaud the establishment of a Hispanic- yes, indeed, we believe that fiscal re- I would also like to thank Chairman GOR- Serving Institutions Undergraduate Program to sponsibility is important. DON, Subcommittee Chairman BAIRD, and the achieve these goals, and I urge passage of As you know, Mr. Chairman, this staff at the Science and Technology Com- this excellent amendment by Representatives bill, the National Science Foundation mittee for their assistance in drafting this MCNERNEY and GIFFORDS. Authorization Act, authorizes $20.973 amendment, and for their commitment to in- Mr. BAIRD. Mr. Chairman, I move to billion, nearly $21 billion, over 3 years creasing participation of minorities in the strike the last word. and creates five new Federal programs. science and technology fields. The prior speakers have been very el- The National Science Foundation Au- Hispanic-Serving Institutions serve the ma- oquent in support of this and the hour thorization Act establishes a pilot pro- jority of the nearly two million Hispanic stu- is late; so I won’t go into any detail. I gram of 1-year seed grants for new in- dents enrolled in college today, and many of just want to commend them for their vestigators to help improve funding these institutions offer associate, under- leadership on this and urge support of rates for young investigators and to graduate, and graduate programs and degrees this outstanding amendment. stimulate higher-risk research. It en- in the science, technology, engineering, and Mr. PRICE of Georgia. Mr. Chairman, courages the NSF to foster relation- mathematics fields. I move to strike the last word. ships between academia and industry The Hispanic-Serving Institutions Under- I want to commend my colleagues as in order to spawn U.S. competitiveness graduate Program created by this amendment well for bringing what would on its and furthers the Agency’s traditions of will allow these colleges and universities to ac- face value be seen as a remarkably new education in science, technology, engi- cess the funding they need to enhance their and innovative program. In fact, I neering, and math. The NSF has a mission to achieve ex- educational programs. think as the gentleman said, advancing cellence in science, technology, engi- In my district alone, about 10,000 students ‘‘the Democratic innovation agenda.’’ neering, and mathematics education at attend Hispanic-Serving Institutions offering Well, it is curious, Mr. Chairman, be- all levels and all settings from kinder- degrees in these science fields. Students at cause if you view and look specifically garten through postdoctoral training, institutions throughout Queens and the Bronx, at the language that is in this amend- ment, and it is to be commended in- from classrooms to science museums including Lehman College, Bronx Community and online resources, having done so College, Hostos Community College, deed, it bears striking resemblance to the language in current law. In fact, for the last half century. And while LaGuardia Community College, Vaughn Col- what this bill does is extremely impor- lege of Aeronautics and Technology, and the the National Science Foundation Au- thorization Act of 2002, section 24 has tant, equally important is this amend- College of Mount Saint Vincent, like those all ment that will apply the principle of across the country, will benefit from increased language that is exactly the same as is in this amendment. pay as you go to any new spending au- access to funding to improve these degree thorized by this legislation by requir- programs. So I want to commend my colleagues for being inventive and being innova- ing that any new spending have a spe- This amendment corrects a long-standing cific offset. inequality at the National Science Foundation. tive indeed. I also think it would be appropriate The amendment provides that no au- Unlike their counterparts of Historically thorization of appropriations made by Black Colleges and Universities and Tribal for them to cite, in fact, where the original language came from, and that this Act that results in costs to the Colleges and Universities, Hispanic-Serving Federal Government shall be effective Institutions have not benefited from a specific was the prior Republican Congress. So I commend my colleagues for their in- unless there are decreases in spending program to provide them with grants for re- elsewhere in the Federal Government. search, curriculum, and infrastructure develop- novation, indeed, in formulating an amendment that is already in place in Mr. Chairman, common sense dic- ment. tates that that is what we should do. Without access to targeted capacity-building current law. The Acting CHAIRMAN. The ques- Not only common sense, but previous grants, Hispanic-Serving Institutions have dif- promises by this new majority. An ex- ficulty increasing the ranks of Hispanics in the tion is on the amendment offered by the gentleman from California (Mr. cerpt of ‘‘A New Direction for Amer- science, technology, engineering, and mathe- ica,’’ which was proposed by House matics fields, where they have been histori- MCNERNEY). The amendment was agreed to. Democrats in the 109th Congress as cally underrepresented. Studies show that His- their plan for the majority, it reads: panics earn less than 3 percent of doctorates AMENDMENT NO. 2 OFFERED BY MR. PRICE OF GEORGIA ‘‘Our New Direction is committed to in these areas, compared to more than 50 Mr. PRICE of Georgia. Mr. Chairman, pay-as-you-go budgeting, no more def- percent by non-Hispanic whites. I offer an amendment. icit spending. We are committed to au- This amendment also goes to the heart of The Acting CHAIRMAN. The Clerk diting the books and subjecting every the Innovation Agenda spearheaded by will designate the amendment. facet of Federal spending to tough Speaker PELOSI and the new Democratic Coa- The text of the amendment is as fol- budget discipline and accountability, lition in the House to increase our Nation’s lows: forcing the Congress to choose a new competitiveness and create more math and Amendment No. 2 offered by Mr. PRICE of direction and the right priorities for all science graduates. Georgia: Americans.’’ To maintain our global competitiveness, we At the end of the bill, add the following Well, hear, hear, Mr. Chairman. I need to increase our pool of scientists, mathe- new section: heartily agree. But on April 18, Major- maticians, and engineers. SEC. 19. REQUIREMENT OF OFFSETS. ity Leader HOYER was quoted in Roll We can do this by ensuring that Hispanics, (a) IN GENERAL.—No authorization of ap- Call as saying, ‘‘We want to get the the youngest and fastest-growing ethnic popu- propriations made by this Act or other provi- budget deficit under control. We have lation group in the nation, are prepared with sion of this Act that results in costs to the said that fiscal responsibility was nec- the knowledge and skills that will contribute to Federal Government shall be effective except essary, but we’re not going to be hoist- our Nation’s future economic strength, security to the extent that this Act provides for off- ed on the torrent of fiscal responsi- and global leadership. setting decreases in spending of the Federal bility.’’ Government, such that the net effect of this This grants program will educate and train a Act does not either increase the Federal def- Well, Mr. Chairman, Americans all new generation of experts in the science, icit or reduce the Federal surplus. across this Nation are being shaken technology, engineering and mathematics (b) DEFINITIONS.—In this section, the terms down by a ‘‘torrent’’ of fiscal irrespon- areas. By engaging Hispanic-Serving Institu- ‘‘deficit’’ and ‘‘surplus’’ have the meanings sibility.

VerDate Aug 31 2005 05:20 May 03, 2007 Jkt 059060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.142 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4405 I would suggest, Mr. Chairman, the Though we have had a spirited dis- corded vote on the amendment offered rules are not rules if you only follow agreement on some issues and agreed by the gentleman from Oklahoma (Mr. them when you want to. The Demo- on some, it has been a civil debate, a SULLIVAN) to the amendment offered crats promised pay-as-you-go rules for well-intentioned debate, and I think it by the gentleman from California (Mr. everything. Instead, they are picking has advanced our discussion of the im- HONDA) on which further proceedings and choosing, picking and choosing portant role of this legislation. were postponed and on which the noes when to do so. At home, we call that The amendment by the gentleman prevailed by voice vote. breaking a rule and breaking a prom- from Georgia has been offered before. The Clerk will redesignate the ise. It has been defeated before on other amendment. So while what this bill does is ex- bills. I would urge its defeat. And after The Clerk redesignated the amend- tremely important, $20.973 billion is a we accomplish that, I would urge pas- ment. considerable amount of money even sage of this otherwise outstanding bill. RECORDED VOTE here in Washington, and it is equally Mr. HALL of Texas. Mr. Chairman, I important that we are good stewards of move to strike the last word. The Acting CHAIRMAN. A recorded the hard-earned money of the Amer- I just want to rise to first thank Dr. vote has been demanded. ican people. We should not limit our EHLERS and reiterate my support for A recorded vote was ordered. talk about fiscal responsibility only H.R. 1867. I think we have a good bill The vote was taken by electronic de- when it is politically convenient. here that propels us on down the inno- vice, and there were—ayes 166, noes 250, So I urge the new majority to rededi- vation and competitiveness path that not voting 21, as follows: cate itself to the principle of pay-as- the President is on and that we have [Roll No. 287] you-go spending. Fiscal responsibility been on. I also thank Chairman GOR- AYES—166 DON AIRD shouldn’t be something that is just and Chairman B . Aderholt Franks (AZ) Nunes talked about only on the campaign Dr. EHLERS, I thank you again for Akin Frelinghuysen Pearce trail. helping to make this a better bill. In Alexander Gallegly Pence Mr. Chairman, I urge adoption of this fact, I would argue that there is no one Bachmann Garrett (NJ) Peterson (PA) Bachus Gingrey Petri commonsense, fiscally responsible, in this body more familiar with NSF Baker Gohmert Pickering pay-as-you-go amendment. than you are. Barrett (SC) Goode Pitts Barton (TX) Goodlatte Poe Mr. EHLERS. Mr. Chairman, I move b 2230 to strike the last word. Bilbray Granger Price (GA) I thank you for your work for and Bilirakis Hall (TX) Pryce (OH) In the midst of all this serious debate against some of these amendments. Bishop (UT) Hastert Putnam about an extremely important bill, I Blackburn Hastings (WA) Regula I rise in support of the bill and urge would like to pause just a moment to Blunt Hayes Rehberg an ‘‘aye’’ vote on it. Boehner Heller Reichert have a lighter moment that we can all And, Dr. BAIRD, I thank you person- Bonner Hensarling Renzi enjoy as we recognize that one of our ally for your kindness and the classy Bono Herger Reynolds leading Members in this Congress to- Boozman Hobson Rogers (AL) way you’ve handled yourself today. Boustany Hoekstra Rogers (KY) morrow reaches a major milestone. The The Acting CHAIRMAN. The ques- Brady (TX) Hulshof Rogers (MI) ranking member of the Science Com- tion is on the amendment offered by Brown (SC) Inglis (SC) Rohrabacher mittee, the gentleman from Texas, Mr. the gentleman from Georgia (Mr. Brown-Waite, Issa Ros-Lehtinen RALPH HALL, tomorrow will begin the Ginny Jindal Roskam PRICE). Buchanan Jones (NC) Royce second half of his life. He reaches the The question was taken; and the Act- Burton (IN) Jordan Ryan (WI) age of 84 tomorrow. So we can all cele- ing Chairman announced that the noes Buyer Keller Sali brate with him and appreciate the tre- Calvert King (IA) Schmidt appeared to have it. Camp (MI) King (NY) Sensenbrenner mendous contributions he has made to Mr. PRICE of Georgia. Mr. Chairman, Campbell (CA) Kingston Sessions this Congress and to this country. I demand a recorded vote. Cantor Kline (MN) Shadegg And I think it is entirely appropriate The Acting CHAIRMAN. Pursuant to Capito Knollenberg Shimkus that on the eve of this important occa- Carter Lamborn Shuster clause 6 of rule XVIII, further pro- Chabot Latham Simpson sion, he spends the entire evening in ceedings on the amendment offered by Cole (OK) Lewis (CA) Smith (NE) this Chamber debating the esoteric as- the gentleman from Georgia will be Conaway Lewis (KY) Smith (TX) pects of science and its results. postponed. Costello Linder Souder So I hope all of you will join me at Crenshaw Lucas Stearns ANNOUNCEMENT BY THE ACTING CHAIRMAN Culberson Lungren, Daniel Sullivan some point in the next day of wishing The Acting CHAIRMAN. Pursuant to Davis (KY) E. Taylor Mr. HALL an immensely wonderful 84th clause 6 of rule XVIII, proceedings will Davis, David Mack Terry birthday tomorrow. Deal (GA) Manzullo Thornberry now resume on those amendments on Diaz-Balart, L. Marchant Tiahrt Mr. BAIRD. Mr. Chairman, I move to which further proceedings were post- Diaz-Balart, M. McCarthy (CA) Tiberi strike the last word. poned, in the following order: Doolittle McCaul (TX) Turner Mr. Chairman, I want to share the The amendment to Amendment No. 1 Drake McCotter Upton happy birthday wishes to the distin- Dreier McCrery Walberg by Mr. SULLIVAN of Oklahoma. Duncan McHenry Walden (OR) guished ranking member and thank Amendment No. 1 by Mr. HONDA of Ellsworth McKeon Wamp him for his bipartisan participation in California. Emerson Mica Weldon (FL) English (PA) Miller (FL) Weller not only this, but so many endeavors. Amendment No. 5 by Mr. CAMPBELL Everett Miller (MI) Congratulations, RALPH. You are a Westmoreland of California. Fallin Miller, Gary Whitfield dear friend and a model to many of us, Amendment No. 4 by Mr. CAMPBELL Flake Moran (KS) Wicker and I very much appreciate all your of California. Forbes Murphy, Tim Wilson (NM) Fortenberry Musgrave Wilson (SC) service. Amendment No. 11 by Mr. GARRETT Fossella Myrick Young (AK) I also want to thank Chairman GOR- of New Jersey. Foxx Neugebauer Young (FL) DON for his leadership in not only this Amendment No. 7 by Mr. FLAKE of bill but the entire innovation agenda Arizona. NOES—250 that has been moving through this Amendment No. 8 by Ms. MATSUI of Abercrombie Berman Burgess Congress so efficiently and with, again, Ackerman Berry Butterfield California. Allen Biggert Capps good bipartisan support. Amendment No. 2 by Mr. PRICE of Altmire Bishop (GA) Capuano I mentioned Mr. EHLERS repeatedly Georgia. Andrews Bishop (NY) Cardoza earlier tonight. He has been so central The Chair will reduce to 2 minutes Arcuri Blumenauer Carnahan Baca Bordallo Carney to the passage of this bill. And I espe- the time for any electronic vote after Baird Boren Carson cially want to thank the majority staff the first vote in this series. Baldwin Boswell Castle and the minority staff. We have worked AMENDMENT OFFERED BY MR. SULLIVAN TO Barrow Boucher Castor very well together. AMENDMENT NO. 1 OFFERED BY MR. HONDA Bartlett (MD) Boyd (FL) Chandler Bean Boyda (KS) Christensen And I want to thank my dear friends The Acting CHAIRMAN. The unfin- Becerra Braley (IA) Clarke and colleagues on the other side. ished business is the demand for a re- Berkley Brown, Corrine Clay

VerDate Aug 31 2005 05:20 May 03, 2007 Jkt 059060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.236 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4406 CONGRESSIONAL RECORD — HOUSE May 2, 2007 Cleaver Johnson (IL) Price (NC) the gentleman from California (Mr. Van Hollen Waters Wilson (NM) Clyburn Johnson, Sam Rahall Vela´ zquez Watson Wilson (OH) HONDA). Coble Jones (OH) Ramstad Visclosky Watt Wolf Cohen Kagen Rangel The question was taken; and the Act- Walsh (NY) Waxman Woolsey Conyers Kanjorski Reyes ing Chairman announced that the ayes Walz (MN) Weiner Wu Cooper Kaptur Rodriguez appeared to have it. Wasserman Welch (VT) Wynn Costa Kildee Ross Schultz Wexler Yarmuth Courtney Kilpatrick RECORDED VOTE Rothman NOES—165 Cramer Kind Roybal-Allard Mr. HALL of Texas. Mr. Chairman, I Crowley Kirk Ruppersberger demand a recorded vote. Aderholt Foxx Murphy, Tim Cuellar Klein (FL) Rush Akin Franks (AZ) Musgrave Cummings Kucinich A recorded vote was ordered. Ryan (OH) Alexander Frelinghuysen Myrick Davis (AL) Kuhl (NY) Salazar The Acting CHAIRMAN. This will be Bachmann Gallegly Neugebauer Davis (CA) LaHood Sa´ nchez, Linda a 2-minute vote. Bachus Garrett (NJ) Nunes Davis (IL) Langevin T. Baker Gerlach Pearce Davis, Lincoln Lantos The vote was taken by electronic de- Sanchez, Loretta Barrett (SC) Gillmor Pence Davis, Tom Larsen (WA) Sarbanes vice, and there were—ayes 252, noes 165, Barton (TX) Gingrey Peterson (PA) DeFazio Larson (CT) Biggert Gohmert Saxton not voting 20, as follows: Petri DeGette LaTourette Bilbray Goode Schakowsky Pickering Delahunt Lee [Roll No. 288] Bishop (UT) Goodlatte Schiff Pitts DeLauro Levin Blackburn Granger Schwartz AYES—252 Platts Dent Lewis (GA) Blunt Hall (TX) Scott (GA) Abercrombie Poe Dicks Lipinski Frank (MA) Miller (MI) Boehner Hastert Ackerman Price (GA) Dingell LoBiondo Scott (VA) Giffords Miller (NC) Bonner Hastings (WA) Allen Putnam Doggett Loebsack Serrano Gilchrest Miller, George Bono Hayes Altmire Regula Donnelly Lofgren, Zoe Sestak Gillibrand Mitchell Boozman Heller Andrews Rehberg Doyle Lowey Shays Gonzalez Moore (KS) Brady (TX) Hensarling Arcuri Renzi Edwards Lynch Shea-Porter Gordon Moore (WI) Brown (SC) Herger Baca Reynolds Ehlers Mahoney (FL) Sherman Green, Al Moran (VA) Brown-Waite, Hobson Baird Rogers (AL) Ellison Maloney (NY) Shuler Green, Gene Murphy (CT) Ginny Hoekstra Baldwin Rogers (KY) Emanuel Markey Sires Grijalva Murphy, Patrick Buchanan Hulshof Barrow Rogers (MI) Eshoo Marshall Skelton Gutierrez Murtha Burgess Inglis (SC) Bartlett (MD) Rohrabacher Etheridge Matheson Slaughter Hall (NY) Nadler Burton (IN) Issa Bean Roskam Farr Matsui Smith (NJ) Hare Napolitano Buyer Johnson, Sam Becerra Ferguson McCarthy (NY) Smith (WA) Harman Neal (MA) Calvert Jordan Royce Berkley Filner McCollum (MN) Snyder Hastings (FL) Oberstar Camp (MI) Keller Ryan (WI) Berman Frank (MA) McDermott Solis Herseth Sandlin Obey Campbell (CA) King (IA) Sali Berry Gerlach McGovern Space Higgins Olver Cantor King (NY) Schmidt Bilirakis Hill Giffords McHugh Spratt Pallone Capito Kingston Sensenbrenner Bishop (GA) Hinchey Pascrell Gilchrest McIntyre Stark Carter Kirk Sessions Bishop (NY) Hinojosa Pastor Gillibrand McNerney Stupak Castle Kline (MN) Shadegg Blumenauer Hirono Payne Gillmor McNulty Sutton Chabot Knollenberg Shimkus Bordallo Hodes Perlmutter Shuster Gonzalez Meehan Tanner Coble Kuhl (NY) Boren Gordon Meek (FL) Holden Peterson (MN) Cole (OK) Lamborn Simpson Tauscher Boswell Green, Al Meeks (NY) Holt Pomeroy Conaway Latham Smith (NE) Thompson (CA) Boucher Green, Gene Melancon Honda Porter Crenshaw LaTourette Smith (TX) Thompson (MS) Boustany Grijalva Michaud Hooley Price (NC) Culberson Lewis (CA) Souder Tierney Boyd (FL) Gutierrez Miller (NC) Hoyer Pryce (OH) Davis (KY) Lewis (KY) Stearns Towns Boyda (KS) Hall (NY) Miller, George Inslee Rahall Davis, David Linder Sullivan Udall (CO) Braley (IA) Hare Mitchell Israel Ramstad Deal (GA) Lucas Terry Udall (NM) Brown, Corrine Harman Mollohan Jackson (IL) Rangel Dent Lungren, Daniel Thornberry Van Hollen Butterfield Hastings (FL) Moore (KS) Jackson-Lee Reichert Diaz-Balart, L. E. Tiahrt Vela´ zquez Capps Herseth Sandlin Moore (WI) (TX) Reyes Diaz-Balart, M. Mack Tiberi Visclosky Capuano Higgins Moran (VA) Jefferson Rodriguez Doolittle Manzullo Turner Walsh (NY) Cardoza Hill Murphy (CT) Jindal Ros-Lehtinen Drake Marchant Walberg Walz (MN) Carnahan Hinchey Murphy, Patrick Johnson (GA) Ross Dreier McCarthy (CA) Walden (OR) Wasserman Carney Hinojosa Murtha Johnson (IL) Rothman Duncan McCaul (TX) Wamp Schultz Carson Hirono Nadler Jones (NC) Roybal-Allard Emerson McCotter Weldon (FL) Waters Castor Hodes Napolitano Jones (OH) Ruppersberger English (PA) McCrery Weller Watson Chandler Holden Oberstar Kagen Rush Everett McHenry Westmoreland Christensen Holt Obey Watt Kanjorski Ryan (OH) Fallin McKeon Whitfield Clarke Honda Olver Waxman Kaptur Salazar Feeney Mica Wicker Clay ´ Hooley Pallone Weiner Kildee Sanchez, Linda Flake Miller (FL) Wilson (SC) Cleaver Hoyer Pascrell Welch (VT) Kilpatrick T. Forbes Miller, Gary Young (AK) Clyburn Inslee Pastor Wexler Kind Sanchez, Loretta Fossella Moran (KS) Young (FL) Israel Payne Wilson (OH) Cohen Klein (FL) Sarbanes Jackson (IL) Perlmutter Wolf Conyers Kucinich Saxton NOT VOTING—20 Cooper LaHood Schakowsky Jackson-Lee Peterson (MN) Woolsey Brady (PA) Graves Norton Costa Langevin Schiff (TX) Platts Wu Cannon Hunter Costello Lantos Schwartz Ortiz Jefferson Pomeroy Wynn Cubin Johnson, E. B. Courtney Larsen (WA) Scott (GA) Paul Johnson (GA) Porter Yarmuth Davis, Jo Ann Kennedy Cramer Larson (CT) Scott (VA) Radanovich Engel Lampson NOT VOTING—21 Crowley Lee Serrano Tancredo Faleomavaega McMorris Cuellar Levin Sestak Brady (PA) Fortun˜ o Neal (MA) Fattah Rodgers Cummings Lewis (GA) Shays Cannon Graves Norton Fortun˜ o Mollohan Davis (AL) Lipinski Shea-Porter Cubin Hunter Ortiz Davis (CA) LoBiondo Sherman Davis, Jo Ann Johnson, E. B. Paul ANNOUNCEMENT BY THE ACTING CHAIRMAN Engel Kennedy Davis (IL) Loebsack Shuler Radanovich Davis, Lincoln Lofgren, Zoe Sires The Acting CHAIRMAN (during the Faleomavaega Lampson Tancredo Fattah McMorris Davis, Tom Lowey Skelton vote). Members are advised 1 minute Feeney Rodgers DeFazio Lynch Slaughter remains in the vote. DeGette Mahoney (FL) Smith (NJ) Delahunt Maloney (NY) Smith (WA) b 2255 DeLauro Markey Snyder b 2259 Dicks Marshall Solis Messrs. JOHNSON of Illinois, DAVIS Dingell Matheson Space So the amendment was agreed to. of Illinois, REYES and RUSH changed Doggett Matsui Spratt The result of the vote was announced their vote from ‘‘aye’’ to ‘‘no.’’ Donnelly McCarthy (NY) Stark as above recorded. Mr. MACK and Mrs. SCHMIDT Doyle McCollum (MN) Stupak Edwards McDermott Sutton AMENDMENT NO. 5 OFFERED BY MR. CAMPBELL changed their vote from ‘‘no’’ to ‘‘aye.’’ Ehlers McGovern Tanner OF CALIFORNIA So the amendment to the amendment Ellison McHugh Tauscher The Acting CHAIRMAN. The unfin- was rejected. Ellsworth McIntyre Taylor Emanuel McNerney Thompson (CA) ished business is the demand for a re- The result of the vote was announced Eshoo McNulty Thompson (MS) corded vote on the amendment offered as above recorded. Etheridge Meehan Tierney by the gentleman from California (Mr. AMENDMENT NO. 1 OFFERED BY MR. HONDA Farr Meek (FL) Towns CAMPBELL) on which further pro- Ferguson Meeks (NY) Udall (CO) The Acting CHAIRMAN. The ques- Filner Melancon Udall (NM) ceedings were postponed and on which tion is on the amendment offered by Fortenberry Michaud Upton the noes prevailed by voice vote.

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The Clerk will redesignate the Clyburn Johnson (IL) Reichert in the RECORD immediately following Rollcall Coble Jones (NC) Reyes amendment. Cohen Jones (OH) Rodriguez vote No. 289. The Clerk redesignated the amend- Conyers Kagen Rogers (AL) AMENDMENT NO. 4 OFFERED BY MR. CAMPBELL ment. Cooper Kanjorski Rothman OF CALIFORNIA Costa Kaptur Roybal-Allard RECORDED VOTE Costello Kildee Ruppersberger The Acting CHAIRMAN. The unfin- The Acting CHAIRMAN. A recorded Courtney Kilpatrick Rush ished business is the demand for a re- vote has been demanded. Crowley Kind Ryan (OH) corded vote on the amendment offered Cummings Kirk Salazar by the gentleman from California (Mr. A recorded vote was ordered. Davis (AL) Klein (FL) Sa´ nchez, Linda The Acting CHAIRMAN. This will be Davis (CA) Kucinich T. CAMPBELL) on which further pro- a 2-minute vote. Davis (IL) Langevin Sanchez, Loretta ceedings were postponed and on which Davis, Lincoln Lantos Sarbanes the noes prevailed by voice vote. The vote was taken by electronic de- DeFazio Larsen (WA) Schakowsky vice, and there were—ayes 195, noes 222, DeGette Larson (CT) Schiff The Clerk will redesignate the not voting 20, as follows: Delahunt Lee Schwartz amendment. DeLauro Levin Scott (GA) [Roll No. 289] The Clerk redesignated the amend- Dicks Lewis (GA) Scott (VA) ment. AYES—195 Dingell Lipinski Serrano Doggett Loebsack Sestak RECORDED VOTE Aderholt Flake Moran (KS) Doyle Lofgren, Zoe Shays Akin Forbes Murphy, Tim The Acting CHAIRMAN. A recorded Edwards Lowey Shea-Porter Alexander Fortenberry Musgrave Ehlers Lynch Sherman vote has been demanded. Altmire Fossella Myrick Ellison Mack Simpson A recorded vote was ordered. Bachmann Foxx Neugebauer Ellsworth Mahoney (FL) Sires Bachus Franks (AZ) The Acting CHAIRMAN. This will be Nunes Emanuel Maloney (NY) Skelton Baker Frelinghuysen a 2-minute vote. Pearce Eshoo Markey Slaughter Barrett (SC) Gallegly Pence Etheridge Matsui Smith (TX) The vote was taken by electronic de- Barrow Garrett (NJ) Peterson (MN) Farr McCarthy (NY) Smith (WA) vice, and there were—ayes 115, noes 301, Barton (TX) Gerlach Peterson (PA) Filner McCollum (MN) Snyder Bean Gillibrand not voting 21, as follows: Petri Frank (MA) McDermott Solis Berkley Gillmor Pickering Giffords McGovern Spratt [Roll No. 290] Biggert Gingrey Pitts Gilchrest McNerney Stark Bilbray Gohmert AYES—115 Platts Gonzalez Meehan Stupak Bilirakis Goode Aderholt Flake Moran (KS) Poe Gordon Meek (FL) Sutton Bishop (UT) Goodlatte Akin Forbes Porter Green, Al Meeks (NY) Tanner Musgrave Blackburn Granger Alexander Fossella Price (GA) Grijalva Melancon Tauscher Myrick Blunt Green, Gene Bachmann Foxx Putnam Gutierrez Michaud Thompson (CA) Neugebauer Boehner Hastert Bachus Franks (AZ) Ramstad Hall (NY) Miller (NC) Thompson (MS) Nunes Bonner Hastings (WA) Baker Garrett (NJ) Regula Hall (TX) Miller, George Tiberi Pearce Bono Hayes Barrett (SC) Gohmert Rehberg Hare Mitchell Tierney Pence Boozman Heller Barton (TX) Goode Renzi Harman Moore (KS) Towns Petri Boren Hensarling Bean Goodlatte Reynolds Hastings (FL) Moore (WI) Udall (CO) Pitts Boustany Herger Bilbray Granger Rogers (KY) Herseth Sandlin Moran (VA) Udall (NM) Poe Boyda (KS) Hobson Bilirakis Hastert Rogers (MI) Higgins Murphy (CT) Van Hollen Putnam Brady (TX) Hoekstra Blackburn Hastings (WA) Rohrabacher Hill Murphy, Patrick Vela´ zquez Rehberg Brown (SC) Inglis (SC) Blunt Heller Ros-Lehtinen Hinchey Murtha Visclosky Rogers (KY) Brown-Waite, Issa Boehner Hensarling Roskam Hinojosa Nadler Walz (MN) Rohrabacher Ginny Jindal Boozman Herger Ross Hirono Napolitano Wasserman Roskam Buchanan Johnson, Sam Brady (TX) Hoekstra Royce Hodes Neal (MA) Schultz Royce Burgess Jordan Brown (SC) Issa Ryan (WI) Holden Oberstar Waters Ryan (WI) Burton (IN) Keller Brown-Waite, Johnson, Sam Sali Holt Obey Watson Sali Buyer King (IA) Ginny Jordan Saxton Honda Olver Watt Schmidt Calvert King (NY) Burgess Keller Schmidt Hooley Pallone Waxman Sensenbrenner Camp (MI) Kingston Burton (IN) King (IA) Sensenbrenner Hoyer Pascrell Weiner Campbell (CA) Kline (MN) Buyer Kingston Shadegg Sessions Hulshof Pastor Welch (VT) Cantor Knollenberg Calvert Kline (MN) Shimkus Inslee Payne Wexler Capito Kuhl (NY) Shadegg Camp (MI) Knollenberg Shuler Israel Perlmutter Wilson (NM) Carney LaHood Shimkus Campbell (CA) Lamborn Smith (NE) Jackson (IL) Pomeroy Wilson (OH) Carter Lamborn Shuler Cantor Lewis (CA) Smith (TX) Jackson-Lee Price (NC) Woolsey Chabot Latham Shuster Carter Lewis (KY) Souder (TX) Pryce (OH) Wu Chandler LaTourette Smith (NE) Chabot Linder Stearns Jefferson Rahall Wynn Cole (OK) Lewis (CA) Smith (NJ) Coble Mack Sullivan Johnson (GA) Rangel Yarmuth Conaway Lewis (KY) Souder Conaway Manzullo Tanner Cramer Linder Space NOT VOTING—20 Crenshaw Marchant Taylor Crenshaw LoBiondo Stearns Davis (KY) McCarthy (CA) Tiberi Brady (PA) Graves Norton Cuellar Lucas Sullivan Davis, David McCotter Walberg Cannon Hunter Culberson Lungren, Daniel Taylor Ortiz Deal (GA) McCrery Wamp Cubin Johnson, E. B. Davis (KY) E. Terry Paul Doolittle McHenry Weldon (FL) Davis, Jo Ann Kennedy Davis, David Manzullo Thornberry Radanovich Drake McKeon Westmoreland Engel Lampson Davis, Tom Marchant Tiahrt Tancredo Duncan Mica Whitfield Faleomavaega McMorris Deal (GA) Marshall Turner Ellsworth Miller (FL) Wilson (SC) Fattah Rodgers Dent Matheson Upton Feeney Miller, Gary Young (FL) ˜ Diaz-Balart, L. McCarthy (CA) Walberg Fortuno Mollohan Walden (OR) NOES—301 Diaz-Balart, M. McCaul (TX) ANNOUNCEMENT BY THE ACTING CHAIRMAN Donnelly McCotter Walsh (NY) Abercrombie Boswell Cohen Doolittle McCrery Wamp The Acting CHAIRMAN (during the Ackerman Boucher Cole (OK) Drake McHenry Weldon (FL) vote). Members are advised they have 1 Allen Boustany Conyers Dreier McHugh Weller minute remaining to vote. Altmire Boyd (FL) Cooper Duncan McIntyre Westmoreland Andrews Boyda (KS) Costa Emerson McKeon Whitfield Arcuri Braley (IA) Costello English (PA) McNulty Wicker b 2305 Baca Brown, Corrine Courtney Everett Mica Wilson (SC) Baird Buchanan Cramer Fallin Miller (FL) Wolf Mr. JOHNSON of Illinois changed his Baldwin Butterfield Crowley Feeney Miller (MI) Young (AK) vote from ‘‘aye’’ to ‘‘no.’’ Barrow Capito Cuellar Ferguson Miller, Gary Young (FL) Mrs. BOYDA of Kansas changed her Bartlett (MD) Capps Culberson vote from ‘‘no’’ to ‘‘aye.’’ Becerra Capuano Cummings NOES—222 Berkley Cardoza Davis (AL) Abercrombie Berry Capps So the amendment was rejected. Berman Carnahan Davis (CA) Ackerman Bishop (GA) Capuano The result of the vote was announced Berry Carney Davis (IL) Allen Bishop (NY) Cardoza as above recorded. Biggert Carson Davis, Lincoln Andrews Blumenauer Carnahan Bishop (GA) Castle Davis, Tom Arcuri Bordallo Carson Stated for: Bishop (NY) Castor DeFazio Baca Boswell Castle Mr. PATRICK J. MURPHY of Pennsylvania. Bishop (UT) Chandler DeGette Baird Boucher Castor Mr. Chairman, during Rollcall vote No. 289 on Blumenauer Christensen Delahunt Baldwin Boyd (FL) Christensen H.R. 1867, I mistakenly recorded my vote as Bonner Clarke DeLauro Bartlett (MD) Braley (IA) Clarke Bono Clay Dent Becerra Brown, Corrine Clay ‘‘no’’ when I should have voted ‘‘aye.’’ I ask Bordallo Cleaver Diaz-Balart, L. Berman Butterfield Cleaver unanimous consent that my statement appear Boren Clyburn Diaz-Balart, M.

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Dicks Lantos Rogers (AL) AMENDMENT NO. 11 OFFERED BY MR. GARRETT DeLauro LaHood Rodriguez Dingell Larsen (WA) Rogers (MI) OF NEW JERSEY Dent Langevin Rogers (AL) Doggett Larson (CT) Ros-Lehtinen Dicks Lantos Rogers (MI) Donnelly Latham Ross The Acting CHAIRMAN. The unfin- Dingell Larsen (WA) Ros-Lehtinen Dreier LaTourette Rothman ished business is the demand for a re- Doggett Larson (CT) Ross Edwards Lee Roybal-Allard corded vote on the amendment offered Donnelly Latham Rothman Ehlers Levin Ruppersberger Doyle LaTourette Roybal-Allard Ellison Lewis (GA) Rush by the gentleman from New Jersey Dreier Lee Ruppersberger Emanuel Lipinski Ryan (OH) (Mr. GARRETT) on which further pro- Edwards Levin Rush Emerson LoBiondo Salazar ceedings were postponed and on which Ehlers Lewis (GA) Ryan (OH) English (PA) Loebsack Sa´ nchez, Linda the noes prevailed by voice vote. Ellison Lipinski Salazar Eshoo Lofgren, Zoe T. Emanuel LoBiondo Sa´ nchez, Linda Etheridge Lowey Sanchez, Loretta The Clerk will redesignate the Emerson Loebsack T. Everett Lucas Sarbanes amendment. Eshoo Lofgren, Zoe Sanchez, Loretta Fallin Lungren, Daniel Saxton The Clerk redesignated the amend- Etheridge Lowey Sarbanes Farr E. Schakowsky Everett Lucas Saxton Ferguson Lynch Schiff ment. Farr Lungren, Daniel Schakowsky Filner Mahoney (FL) Schwartz RECORDED VOTE Ferguson E. Schiff Fortenberry Maloney (NY) Scott (GA) Filner Lynch Schwartz Frank (MA) Markey Scott (VA) The Acting CHAIRMAN. A recorded Fortenberry Mahoney (FL) Scott (GA) Frelinghuysen Marshall Serrano vote has been demanded. Frank (MA) Maloney (NY) Scott (VA) Gallegly Matheson Sessions A recorded vote was ordered. Frelinghuysen Markey Serrano Gerlach Matsui Sestak Gallegly Marshall Sessions Giffords McCarthy (NY) Shays The Acting CHAIRMAN. This will be Gerlach Matheson Sestak Gilchrest McCaul (TX) Shea-Porter a 2-minute vote. Giffords Matsui Shays Gillibrand McCollum (MN) Sherman The vote was taken by electronic de- Gilchrest McCarthy (NY) Shea-Porter Gillmor McDermott Gillibrand McCaul (TX) Shuster vice, and there were—ayes 126, noes 292, Sherman Gingrey McGovern Simpson Gonzalez McCollum (MN) Simpson Gonzalez McHugh Sires not voting 19, as follows: Gordon McDermott Sires Gordon McIntyre Green, Al McGovern Skelton [Roll No. 291] Skelton Green, Al McNerney Slaughter Green, Gene McHugh Slaughter Green, Gene McNulty Grijalva McIntyre Smith (NJ) AYES—126 Smith (NJ) Grijalva Meehan Gutierrez McNerney Smith (WA) Aderholt Fallin Murphy, Patrick Smith (TX) Gutierrez Meek (FL) Hall (NY) McNulty Snyder Akin Feeney Musgrave Smith (WA) Hall (NY) Meeks (NY) Hall (TX) Meehan Solis Alexander Flake Snyder Hall (TX) Melancon Myrick Hare Meek (FL) Space Bachmann Forbes Solis Hare Michaud Neugebauer Harman Meeks (NY) Spratt Bachus Fossella Space Harman Miller (MI) Nunes Hastings (FL) Melancon Stark Baker Foxx Spratt Hastings (FL) Miller (NC) Pearce Hayes Michaud Stupak Barrett (SC) Franks (AZ) Stark Hayes Miller, George Pence Herseth Sandlin Miller (MI) Sutton Barton (TX) Garrett (NJ) Stupak Herseth Sandlin Mitchell Petri Higgins Miller (NC) Tauscher Bean Gillmor Sutton Higgins Mollohan Pitts Hill Miller, George Terry Bilbray Gingrey Tanner Hill Moore (KS) Poe Hinchey Mitchell Bilirakis Gohmert Hinchey Moore (WI) Thompson (CA) Hinojosa Mollohan Tauscher Bishop (UT) Goode Putnam Hinojosa Moran (VA) Thompson (MS) Hirono Moore (KS) Terry Blackburn Goodlatte Ramstad Hirono Murphy (CT) Thornberry Hobson Moore (WI) Thompson (CA) Blunt Granger Rehberg Hobson Murphy, Patrick Tiahrt Hodes Moran (VA) Thompson (MS) Boehner Hastert Rogers (KY) Hodes Murphy, Tim Tierney Holden Murphy (CT) Tierney Bonner Hastings (WA) Rohrabacher Holden Murtha Towns Holt Murphy, Tim Towns Boozman Heller Roskam Holt Nadler Turner Honda Murtha Turner Brady (TX) Hensarling Royce Honda Napolitano Udall (CO) Hooley Nadler Udall (CO) Brown-Waite, Herger Ryan (WI) Hooley Neal (MA) Udall (NM) Hoyer Napolitano Udall (NM) Ginny Hoekstra Sali Hoyer Oberstar Upton Hulshof Neal (MA) Upton Burgess Issa Hulshof Obey Van Hollen Schmidt Inglis (SC) Oberstar Van Hollen Burton (IN) Johnson, Sam Inglis (SC) Olver Vela´ zquez Sensenbrenner Inslee Obey Vela´ zquez Buyer Jordan Inslee Pallone Visclosky Shadegg Israel Olver Visclosky Calvert Keller Israel Pascrell Walden (OR) Shimkus Jackson (IL) Pallone Walden (OR) Camp (MI) King (IA) Jackson (IL) Pastor Walsh (NY) Shuler Jackson-Lee Pascrell Walsh (NY) Campbell (CA) Kingston Jackson-Lee Payne Walz (MN) Shuster (TX) Pastor Walz (MN) Cantor Kline (MN) (TX) Perlmutter Wasserman Smith (NE) Jefferson Payne Wasserman Carter Lamborn Jefferson Peterson (MN) Schultz Souder Jindal Perlmutter Schultz Chabot Lewis (CA) Jindal Peterson (PA) Waters Stearns Johnson (GA) Peterson (MN) Waters Coble Lewis (KY) Johnson (GA) Pickering Watson Sullivan Johnson (IL) Peterson (PA) Watson Cole (OK) Linder Johnson (IL) Platts Watt Taylor Jones (NC) Pickering Watt Conaway Mack Jones (NC) Pomeroy Waxman Thornberry Jones (OH) Platts Waxman Crenshaw Manzullo Jones (OH) Porter Weiner Kagen Pomeroy Weiner Davis (KY) Marchant Tiahrt Kagen Price (GA) Welch (VT) Kanjorski Porter Welch (VT) Davis, David McCarthy (CA) Tiberi Kanjorski Price (NC) Weller Kaptur Price (GA) Weller Deal (GA) McCotter Walberg Kildee Pryce (OH) Wexler Kildee Price (NC) Wexler Diaz-Balart, L. McCrery Wamp Kilpatrick Rahall Wicker Kilpatrick Pryce (OH) Wicker Diaz-Balart, M. McHenry Weldon (FL) Kind Ramstad Wilson (NM) Kind Rahall Wilson (NM) Doolittle McKeon Westmoreland King (NY) Rangel Wilson (OH) King (NY) Rangel Wolf Drake Mica Whitfield Kirk Regula Wolf Kirk Regula Woolsey Duncan Miller (FL) Wilson (OH) Klein (FL) Reichert Woolsey Klein (FL) Reichert Wu Ellsworth Miller, Gary Wilson (SC) Kucinich Renzi Wu Knollenberg Renzi Wynn English (PA) Moran (KS) Young (FL) Kuhl (NY) Reyes Wynn Kucinich Reyes Yarmuth LaHood Reynolds Yarmuth NOES—292 Kuhl (NY) Reynolds Young (AK) Langevin Rodriguez Young (AK) Abercrombie Boswell Clay NOT VOTING—19 NOT VOTING—21 Ackerman Boucher Cleaver Brady (PA) Fortun˜ o McMorris Brady (PA) Fortun˜ o McMorris Allen Boustany Clyburn Cannon Graves Rodgers Altmire Boyd (FL) Cohen Cannon Graves Rodgers Cubin Hunter Norton Andrews Boyda (KS) Conyers Cubin Hunter Norton Davis, Jo Ann Johnson, E. B. Ortiz Arcuri Braley (IA) Cooper Davis, Jo Ann Johnson, E. B. Ortiz Engel Kennedy Paul Doyle Baca Brown (SC) Costa Faleomavaega Radanovich Kaptur Paul Baird Brown, Corrine Costello Lampson Engel Kennedy Radanovich Fattah Tancredo Faleomavaega Baldwin Buchanan Courtney Lampson Tancredo ANNOUNCEMENT BY THE ACTING CHAIRMAN Fattah Barrow Butterfield Cramer Bartlett (MD) Capito Crowley The Acting CHAIRMAN (during the ANNOUNCEMENT BY THE ACTING CHAIRMAN Becerra Capps Cuellar vote). Members are advised there is 1 The Acting CHAIRMAN (during the Berkley Capuano Culberson Berman Cardoza Cummings minute remaining in this vote. vote). Members are advised they have 1 Berry Carnahan Davis (AL) b 2313 minute remaining to vote. Biggert Carney Davis (CA) Bishop (GA) Carson Davis (IL) Mr. PERLMUTTER changed his vote 2308 b Bishop (NY) Castle Davis, Lincoln from ‘‘aye’’ to ‘‘no.’’ So the amendment was rejected. Blumenauer Castor Davis, Tom Bono Chandler DeFazio So the amendment was rejected. The result of the vote was announced Bordallo Christensen DeGette The result of the vote was announced as above recorded. Boren Clarke Delahunt as above recorded.

VerDate Aug 31 2005 05:20 May 03, 2007 Jkt 059060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.145 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4409 AMENDMENT NO. 7 OFFERED BY MR. FLAKE Dent LaHood Rogers (MI) corded vote on the amendment offered Diaz-Balart, L. Langevin Ros-Lehtinen The Acting CHAIRMAN. The unfin- Diaz-Balart, M. Lantos Ross by the gentlewoman from California ished business is the demand for a re- Dicks Larsen (WA) Rothman (Ms. MATSUI) on which further pro- corded vote on the amendment offered Dingell Larson (CT) Roybal-Allard ceedings were postponed and on which by the gentleman from Arizona (Mr. Doggett Latham Ruppersberger the ayes prevailed by voice vote. Doyle LaTourette Rush FLAKE) on which further proceedings Drake Lee Ryan (OH) The Clerk will redesignate the were postponed and on which the noes Dreier Levin Salazar amendment. prevailed by voice vote. Edwards Lewis (CA) Sa´ nchez, Linda The Clerk redesignated the amend- The Clerk will redesignate the Ehlers Lewis (GA) T. ment. Ellison Lipinski Sanchez, Loretta amendment. Ellsworth LoBiondo Sarbanes RECORDED VOTE The Clerk redesignated the amend- Emanuel Loebsack Saxton The Acting CHAIRMAN. A recorded Emerson Lofgren, Zoe ment. Schakowsky vote has been demanded. English (PA) Lowey Schiff RECORDED VOTE Eshoo Lucas Schwartz A recorded vote was ordered. The Acting CHAIRMAN. A recorded Etheridge Lynch Scott (GA) The Acting CHAIRMAN. This will be vote has been demanded. Farr Mahoney (FL) Scott (VA) a 2-minute vote. Ferguson Maloney (NY) Serrano A recorded vote was ordered. Filner Marchant Sessions The vote was taken by electronic de- The CHAIRMAN. This will be a 2- Forbes Markey Sestak vice, and there were—ayes 232, noes 186, minute vote. Fortenberry Marshall Shays not voting 19, as follows: Frank (MA) Matheson The vote was taken by electronic de- Shea-Porter [Roll No. 293] Gerlach Matsui Sherman vice, and there were—ayes 128, noes 290, Giffords McCarthy (NY) Sires AYES—232 Gilchrest McCollum (MN) not voting 19, as follows: Skelton Abercrombie Gonzalez Miller, George Gingrey McDermott Slaughter [Roll No. 292] Gonzalez McGovern Ackerman Gordon Mitchell Smith (NJ) Allen Green, Al Mollohan AYES—128 Gordon McHugh Smith (WA) Green, Al McIntyre Andrews Green, Gene Moore (KS) Aderholt Frelinghuysen Neugebauer Snyder Green, Gene McNerney Arcuri Grijalva Moore (WI) Akin Gallegly Solis Nunes Grijalva McNulty Baca Gutierrez Moran (VA) Altmire Garrett (NJ) Space Pearce Gutierrez Meehan Baird Hall (NY) Murphy (CT) Bachmann Gillibrand Spratt Pence Hall (NY) Meek (FL) Baldwin Hare Murphy, Patrick Bachus Gillmor Stark Petri Hare Meeks (NY) Barrow Harman Murtha Barrett (SC) Gohmert Stupak Pickering Harman Melancon Bartlett (MD) Hastings (FL) Nadler Barton (TX) Goode Sutton Pitts Hastings (FL) Michaud Barton (TX) Herseth Sandlin Napolitano Bean Goodlatte Tanner Poe Hayes Miller (MI) Becerra Higgins Neal (MA) Bilbray Granger Tauscher Price (GA) Herseth Sandlin Miller (NC) Berman Hill Oberstar Bishop (UT) Hall (TX) Taylor Pryce (OH) Higgins Miller, George Berry Hinchey Obey Blackburn Hastert Thompson (CA) Bishop (GA) Putnam Hill Mitchell Hinojosa Olver Blunt Hastings (WA) Thompson (MS) Hinchey Mollohan Bishop (NY) Hirono Pallone Boehner Heller Ramstad Hinojosa Moore (KS) Thornberry Blumenauer Hodes Pascrell Bono Hensarling Regula Hirono Moore (WI) Tiahrt Bordallo Holden Pastor Brady (TX) Herger Rehberg Hobson Moran (KS) Tierney Boren Holt Payne Brown (SC) Hoekstra Rogers (KY) Hodes Moran (VA) Towns Boswell Honda Perlmutter Brown-Waite, Issa Rohrabacher Holden Murphy (CT) Turner Boucher Hooley Peterson (MN) Ginny Johnson, Sam Roskam Holt Murphy, Tim Udall (CO) Boyd (FL) Hoyer Pomeroy Burgess Jordan Royce Honda Murtha Udall (NM) Boyda (KS) Inslee Price (NC) Burton (IN) Keller Ryan (WI) Hooley Nadler Upton Brady (TX) Israel Rahall Buyer King (IA) Sali Hoyer Napolitano Van Hollen Braley (IA) Jackson (IL) Rangel Camp (MI) Kingston Schmidt Hulshof Neal (MA) Vela´ zquez Brown, Corrine Jackson-Lee Reyes Campbell (CA) Kirk Sensenbrenner Inglis (SC) Oberstar Visclosky Butterfield (TX) Rodriguez Cantor Kline (MN) Shadegg Inslee Obey Walden (OR) Capps Jefferson Ross Carney Kuhl (NY) Shimkus Israel Olver Walsh (NY) Capuano Jindal Rothman Carter Lamborn Shuler Jackson (IL) Pallone Walz (MN) Cardoza Johnson (GA) Roybal-Allard Chabot Lewis (KY) Shuster Jackson-Lee Pascrell Wasserman Carnahan Jones (NC) Ruppersberger Cole (OK) Linder Simpson (TX) Pastor Schultz Carson Jones (OH) Rush Conaway Lungren, Daniel Smith (NE) Jefferson Payne Waters Castor Kagen Ryan (OH) Crenshaw E. Smith (TX) Jindal Perlmutter Watson Chandler Kanjorski Salazar Culberson Mack ´ Souder Johnson (GA) Peterson (MN) Watt Christensen Kaptur Sanchez, Linda Davis (KY) Manzullo Stearns Johnson (IL) Peterson (PA) Waxman Clarke Kildee T. Davis, David McCarthy (CA) Jones (NC) Platts Weiner Clay Kilpatrick Sanchez, Loretta Deal (GA) McCaul (TX) Sullivan Jones (OH) Pomeroy Welch (VT) Cleaver Kind Sarbanes Donnelly McCotter Terry Kagen Porter Weldon (FL) Clyburn Klein (FL) Schakowsky Doolittle McCrery Tiberi Kanjorski Price (NC) Weller Cohen Kucinich Schiff Duncan McHenry Walberg Kaptur Rahall Wexler Conyers LaHood Schwartz Everett McKeon Wamp Kildee Rangel Wicker Cooper Langevin Scott (GA) Fallin Mica Westmoreland Kilpatrick Reichert Wilson (OH) Costa Lantos Scott (VA) Feeney Miller (FL) Whitfield Kind Renzi Wolf Costello Larsen (WA) Sensenbrenner Flake Miller, Gary Wilson (NM) King (NY) Reyes Woolsey Courtney Larson (CT) Serrano Fossella Murphy, Patrick Wilson (SC) Klein (FL) Reynolds Wu Cramer Lee Sestak Foxx Musgrave Young (AK) Knollenberg Rodriguez Wynn Crowley Levin Shays Franks (AZ) Myrick Young (FL) Kucinich Rogers (AL) Yarmuth Cuellar Lewis (GA) Shea-Porter Cummings Linder Sherman NOES—290 NOT VOTING—19 Davis (AL) Lipinski Shuler Abercrombie Bordallo Clay Brady (PA) Fortun˜ o McMorris Davis (CA) Loebsack Sires Ackerman Boren Cleaver Cannon Graves Rodgers Davis (IL) Lofgren, Zoe Skelton Alexander Boswell Clyburn Davis, Lincoln Lowey Slaughter Cubin Hunter Norton Allen Boucher Coble DeFazio Lynch Snyder Davis, Jo Ann Johnson, E. B. Ortiz Andrews Boustany Cohen Engel Paul DeGette Mahoney (FL) Solis Arcuri Boyd (FL) Conyers Kennedy Delahunt Maloney (NY) Space Faleomavaega Lampson Radanovich Baca Boyda (KS) Cooper Fattah Tancredo DeLauro Markey Spratt Baird Braley (IA) Costa Dicks Marshall Stark Baker Brown, Corrine Costello ANNOUNCEMENT BY THE ACTING CHAIRMAN Dingell Matheson Stupak Baldwin Buchanan Courtney The Acting CHAIRMAN (during the Doggett Matsui Sutton Barrow Butterfield Cramer Doyle McCarthy (NY) Tanner Bartlett (MD) Calvert Crowley vote). Members are advised there is 1 Edwards McCollum (MN) Tauscher Becerra Capito Cuellar minute remaining in this vote. Ellison McDermott Taylor Berkley Capps Cummings Ellsworth McGovern Terry Berman Capuano Davis (AL) b 2317 Emanuel McIntyre Thompson (CA) Berry Cardoza Davis (CA) So the amendment was rejected. Eshoo McNerney Thompson (MS) Biggert Carnahan Davis (IL) Etheridge McNulty Tierney Bilirakis Carson Davis, Lincoln The result of the vote was announced Farr Meehan Towns Bishop (GA) Castle Davis, Tom as above recorded. Filner Meek (FL) Udall (CO) Bishop (NY) Castor DeFazio AMENDMENT NO. 8 OFFERED BY MS. MATSUI Frank (MA) Meeks (NY) Udall (NM) Blumenauer Chandler DeGette Giffords Melancon Van Hollen Bonner Christensen Delahunt The Acting CHAIRMAN. The unfin- Gilchrest Michaud Vela´ zquez Boozman Clarke DeLauro ished business is the demand for a re- Gillibrand Miller (NC) Visclosky

VerDate Aug 31 2005 05:20 May 03, 2007 Jkt 059060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.249 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4410 CONGRESSIONAL RECORD — HOUSE May 2, 2007 Walz (MN) Waxman Woolsey corded vote on the amendment offered Boyda (KS) Holden Payne Wasserman Weiner Wu by the gentleman from Georgia (Mr. Braley (IA) Holt Perlmutter Schultz Welch (VT) Wynn Brown, Corrine Honda Peterson (MN) Waters Wexler Yarmuth PRICE) on which further proceedings Butterfield Hooley Pomeroy Watson Wilson (NM) were postponed and on which the noes Capps Hoyer Price (NC) Watt Wilson (OH) prevailed by voice vote. Capuano Inslee Rahall Cardoza Israel NOES—186 The Clerk will redesignate the Rangel Carnahan Jackson (IL) Reyes Aderholt Fortenberry Myrick amendment. Carney Jackson-Lee Rodriguez Akin Fossella Neugebauer The Clerk redesignated the amend- Carson (TX) Ross Castor Jefferson Alexander Foxx Nunes ment. Rothman Altmire Franks (AZ) Pearce Chandler Johnson (GA) Roybal-Allard Christensen Jones (OH) Bachmann Frelinghuysen Pence RECORDED VOTE Ruppersberger Clarke Kagen Bachus Gallegly Peterson (PA) Rush The Acting CHAIRMAN. A recorded Clay Kanjorski Baker Garrett (NJ) Petri Ryan (OH) Cleaver Kaptur Barrett (SC) Gerlach Pickering vote has been demanded. Salazar Bean Gillmor Clyburn Kildee Pitts A recorded vote was ordered. Sa´ nchez, Linda Berkley Gingrey Cohen Kilpatrick Platts T. Biggert Gohmert The Acting CHAIRMAN. This will be Conyers Kind Poe Sanchez, Loretta Bilbray Goode a 2-minute vote. Cooper King (NY) Porter Sarbanes Bilirakis Goodlatte Price (GA) The vote was taken by electronic de- Costa Klein (FL) Costello Kucinich Schakowsky Bishop (UT) Granger Pryce (OH) vice, and there were—ayes 183, noes 235, Courtney Langevin Schiff Blackburn Hall (TX) Putnam Cramer Lantos Schwartz Blunt Hastert Ramstad not voting 19, as follows: Crowley Larsen (WA) Scott (GA) Boehner Hastings (WA) Regula [Roll No. 294] Cuellar Larson (CT) Scott (VA) Bonner Hayes Rehberg Cummings LaTourette Serrano Bono Heller Reichert AYES—183 Davis (AL) Lee Sestak Boozman Hensarling Renzi Aderholt Frelinghuysen Nunes Davis (CA) Levin Shays Boustany Herger Reynolds Akin Gallegly Pearce Brown (SC) Hobson Davis (IL) Lewis (GA) Shea-Porter Rogers (AL) Alexander Garrett (NJ) Pence Brown-Waite, Hoekstra Davis, Lincoln Lipinski Sherman Rogers (KY) Bachmann Gerlach Peterson (PA) Ginny Hulshof Davis, Tom Loebsack Shuler Rogers (MI) Bachus Gillmor Petri DeFazio Lofgren, Zoe Sires Buchanan Inglis (SC) Baker Gingrey Rohrabacher Pickering DeGette Lowey Skelton Burgess Issa Barrett (SC) Gohmert Ros-Lehtinen Pitts Delahunt Lynch Slaughter Burton (IN) Johnson (IL) Bartlett (MD) Goode Roskam Platts DeLauro Mahoney (FL) Smith (WA) Buyer Johnson, Sam Barton (TX) Goodlatte Royce Poe Dicks Maloney (NY) Calvert Jordan Bilbray Granger Snyder Ryan (WI) Porter Dingell Markey Camp (MI) Keller Bilirakis Hall (TX) Solis Sali Price (GA) Doggett Marshall Campbell (CA) King (IA) Bishop (UT) Hastert Space Saxton Pryce (OH) Donnelly Matheson Cantor King (NY) Blackburn Hastings (WA) Spratt Schmidt Putnam Doyle Matsui Capito Kingston Blunt Hayes Stark Sessions Ramstad Edwards McCarthy (NY) Carney Kirk Boehner Heller Stupak Shadegg Regula Ehlers McCollum (MN) Carter Kline (MN) Bonner Hensarling Sutton Shimkus Rehberg Ellison McDermott Castle Knollenberg Bono Herger Tanner Shuster Reichert Ellsworth McGovern Chabot Kuhl (NY) Boozman Hobson Tauscher Simpson Renzi Emanuel McIntyre Coble Lamborn Boustany Hoekstra Taylor Smith (NE) Reynolds Eshoo McNerney Cole (OK) Latham Brady (TX) Hulshof Thompson (CA) Smith (NJ) Rogers (AL) Etheridge McNulty Conaway LaTourette Brown (SC) Inglis (SC) Thompson (MS) Smith (TX) Rogers (KY) Farr Meehan Crenshaw Lewis (CA) Brown-Waite, Issa Tierney Smith (WA) Rogers (MI) Ferguson Meek (FL) Culberson Lewis (KY) Ginny Jindal Towns Souder Rohrabacher Filner Meeks (NY) Davis (KY) LoBiondo Buchanan Johnson (IL) Udall (CO) Stearns Ros-Lehtinen Frank (MA) Melancon Davis, David Lucas Burgess Johnson, Sam Udall (NM) Sullivan Roskam Giffords Michaud Davis, Tom Lungren, Daniel Burton (IN) Jones (NC) Van Hollen Deal (GA) E. Thornberry Royce Gilchrest Miller (NC) Buyer Jordan Vela´ zquez Dent Mack Tiahrt Ryan (WI) Gillibrand Miller, George Calvert Keller Visclosky Tiberi Sali Gonzalez Mitchell Diaz-Balart, L. Manzullo Camp (MI) King (IA) Turner Saxton Gordon Mollohan Walz (MN) Diaz-Balart, M. Marchant Campbell (CA) Kingston Upton Schmidt Green, Al Moore (KS) Wasserman Donnelly McCarthy (CA) Cannon Kirk Walberg Green, Gene Moore (WI) Schultz Doolittle McCaul (TX) Cantor Kline (MN) Sensenbrenner Walden (OR) Grijalva Moran (VA) Waters Drake McCotter Capito Knollenberg Sessions Walsh (NY) Gutierrez Murphy (CT) Watson Dreier McCrery Carter Kuhl (NY) Shadegg Wamp Hall (NY) Murphy, Patrick Watt Duncan McHenry Castle LaHood Shimkus Weldon (FL) Hare Murtha Waxman Ehlers McHugh Chabot Lamborn Shuster Weller Harman Nadler Weiner Emerson McKeon Coble Latham Simpson Westmoreland Hastings (FL) Napolitano Welch (VT) English (PA) Mica Cole (OK) Lewis (CA) Smith (NE) Whitfield Herseth Sandlin Neal (MA) Wexler Everett Miller (FL) Conaway Lewis (KY) Smith (NJ) Wicker Higgins Oberstar Wilson (OH) Fallin Miller (MI) Crenshaw Linder Smith (TX) Hill Obey Wolf Feeney Miller, Gary Wilson (SC) Culberson LoBiondo Souder Hinchey Olver Woolsey Ferguson Moran (KS) Wolf Davis (KY) Lucas Stearns Hinojosa Pallone Wu Flake Murphy, Tim Young (AK) Davis, David Lungren, Daniel Sullivan Hirono Pascrell Wynn Forbes Musgrave Young (FL) Deal (GA) E. Terry Thornberry Hodes Pastor Yarmuth NOT VOTING—19 Dent Mack Diaz-Balart, L. Manzullo Tiahrt NOT VOTING—19 Brady (PA) Fortun˜ o McMorris Diaz-Balart, M. Marchant Tiberi Cannon Graves Rodgers Doolittle McCarthy (CA) Turner Brady (PA) Graves McMorris Cubin Hunter Norton Drake McCaul (TX) Upton Cubin Hunter Rodgers Davis, Jo Ann Johnson, E. B. Ortiz Dreier McCotter Walberg Davis, Jo Ann Johnson, E. B. Norton Engel Kennedy Paul Duncan McCrery Walden (OR) Engel Kennedy Ortiz Faleomavaega Lampson Radanovich Emerson McHenry Walsh (NY) Faleomavaega Lampson Paul Fattah Tancredo English (PA) McHugh Wamp Fattah McKeon Radanovich Everett Mica Weldon (FL) Fortun˜ o Tancredo ANNOUNCEMENT BY THE ACTING CHAIRMAN Fallin Miller (FL) Weller ANNOUNCEMENT BY THE ACTING CHAIRMAN The Acting CHAIRMAN (during the Feeney Miller (MI) Westmoreland vote). Members are advised 1 minute Flake Miller, Gary Whitfield The Acting CHAIRMAN (during the remains in this vote. Forbes Moran (KS) Wicker vote). Members are advised 1 minute Fortenberry Murphy, Tim Wilson (NM) remains in this vote. b 2322 Fossella Musgrave Wilson (SC) Foxx Myrick Young (AK) Mrs. GILLIBRAND changed her vote Franks (AZ) Neugebauer Young (FL) 2326 from ‘‘no’’ to ‘‘aye.’’ b So the amendment was agreed to. NOES—235 So the amendment was rejected. The result of the vote was announced Abercrombie Baldwin Bishop (GA) The result of the vote was announced Ackerman Barrow Bishop (NY) as above recorded. Allen Bean Blumenauer as above recorded. AMENDMENT NO. 2 OFFERED BY MR. PRICE OF Altmire Becerra Bordallo The Acting CHAIRMAN. The ques- GEORGIA Andrews Berkley Boren tion is on the committee amendment Arcuri Berman Boswell The Acting CHAIRMAN. The unfin- Baca Berry Boucher in the nature of a substitute, as amend- ished business is the demand for a re- Baird Biggert Boyd (FL) ed.

VerDate Aug 31 2005 05:20 May 03, 2007 Jkt 059060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.150 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4411 The committee amendment in the Doolittle Lantos Renzi Woolsey Wynn Young (AK) nature of a substitute, as amended, was Doyle Larsen (WA) Reyes Wu Yarmuth Young (FL) Drake Larson (CT) Reynolds NOES—17 agreed to. Dreier Latham Rodriguez The Acting CHAIRMAN. Under the Edwards LaTourette Rogers (AL) Barrett (SC) Franks (AZ) Linder rule, the Committee rises. Ehlers Lee Rogers (KY) Campbell (CA) Hensarling Pitts Ellison Levin Rogers (MI) Cannon Hoekstra Royce Accordingly, the Committee rose; Ellsworth Lewis (CA) Rohrabacher Deal (GA) Johnson, Sam Sali and the Speaker pro tempore (Mrs. Emanuel Lewis (GA) Ros-Lehtinen Duncan Jordan Shadegg BOYDA of Kansas) having assumed the Emerson Lewis (KY) Roskam Flake Kingston chair, Mr. LYNCH, Acting Chairman of English (PA) Lipinski Ross NOT VOTING—16 Eshoo LoBiondo Rothman the Committee of the Whole House on Etheridge Loebsack Roybal-Allard Brady (PA) Hunter Ortiz the State of the Union, reported that Everett Lofgren, Zoe Ruppersberger Cubin Johnson, E. B. Paul that Committee, having had under con- Fallin Lowey Rush Davis, Jo Ann Kennedy Radanovich sideration the bill (H.R. 1867) to au- Farr Lucas Ryan (OH) Engel Lampson Sullivan Feeney Lungren, Daniel Ryan (WI) Fattah McMorris Tancredo thorize appropriations for fiscal years Ferguson E. Salazar Graves Rodgers 2008, 2009, and 2010 for the National ´ Filner Lynch Sanchez, Linda b 2344 Science Foundation, and for other pur- Forbes Mack T. poses, pursuant to House Resolution Fortenberry Mahoney (FL) Sanchez, Loretta So the bill was passed. Maloney (NY) 349, he reported the bill back to the Fossella Sarbanes The result of the vote was announced Foxx Manzullo Saxton as above recorded. House with an amendment adopted by Frank (MA) Marchant Schakowsky the Committee of the Whole. Frelinghuysen Markey Schiff A motion to reconsider was laid on The SPEAKER pro tempore. Under Gallegly Marshall Schmidt the table. Garrett (NJ) Matheson Schwartz f the rule, the previous question is or- Gerlach Matsui Scott (GA) dered. Giffords McCarthy (CA) Scott (VA) AMENDING THE RULES OF THE Is a separate vote demanded on any Gilchrest McCarthy (NY) Sensenbrenner HOUSE TO CLARIFY CERTAIN amendment to the amendment re- Gillibrand McCaul (TX) Serrano Gillmor McCollum (MN) Sessions MATTERS RELATING TO OFFI- ported from the Committee of the Gingrey McCotter Sestak CIAL CONDUCT Whole? If not, the question is on the Gohmert McCrery Shays Mrs. JONES of Ohio. Mr. Speaker, I amendment. Gonzalez McDermott Shea-Porter Goode McGovern Sherman ask unanimous consent that the Com- The amendment was agreed to. Goodlatte McHenry Shimkus mittee on Standards of Official Con- The SPEAKER pro tempore. The Gordon McHugh Shuler duct be discharged from further consid- question is on the engrossment and Granger McIntyre Shuster eration of the resolution (H. Res. 363) third reading of the bill. Green, Al McKeon Simpson Green, Gene McNerney Sires amending the Rules of the House of The bill was ordered to be engrossed Grijalva McNulty Skelton Representatives to clarify certain mat- and read a third time, and was read the Gutierrez Meehan Slaughter ters relating to official conduct, and third time. Hall (NY) Meek (FL) Smith (NE) Hall (TX) Meeks (NY) ask for its immediate consideration in The SPEAKER pro tempore. The Smith (NJ) Hare Melancon Smith (TX) the House. question is on the passage of the bill. Harman Mica Smith (WA) The Clerk read the title of the resolu- The question was taken; and the Hastert Michaud Snyder tion. Hastings (FL) Miller (FL) Solis Speaker pro tempore announced that Hastings (WA) Miller (MI) The SPEAKER pro tempore (Mr. the ayes appeared to have it. Souder Hayes Miller (NC) Space COHEN). Is there objection to the re- RECORDED VOTE Heller Miller, Gary Spratt quest of the gentlewoman from Ohio? Herger Miller, George Mr. HALL of Texas. Madam Speaker, Stark There was no objection. Herseth Sandlin Mitchell Stearns Mollohan The Clerk read the resolution, as fol- I demand a recorded vote. Higgins Stupak Hill Moore (KS) lows: A recorded vote was ordered. Sutton Hinchey Moore (WI) Tanner H. RES. 363 The vote was taken by electronic de- Hinojosa Moran (KS) Tauscher vice, and there were—ayes 399, noes 17, Hirono Moran (VA) Resolved, That clause 15 of rule XXIII of Taylor Hobson Murphy (CT) the Rules of the House of Representatives is not voting 16, as follows: Terry Hodes Murphy, Patrick amended to read as follows: Thompson (CA) [Roll No. 295] Holden Murphy, Tim ‘‘15. (a) Except as provided in paragraph Thompson (MS) AYES—399 Holt Murtha Thornberry (b), a Member, Delegate, or Resident Com- Honda Musgrave Abercrombie Boozman Cleaver Tiahrt missioner may not use personal funds, offi- Hooley Myrick Ackerman Boren Clyburn Tiberi cial funds, or campaign funds for a flight on Hoyer Nadler Aderholt Boswell Coble Tierney an aircraft. Hulshof Napolitano Akin Boucher Cohen Inglis (SC) Neal (MA) Towns ‘‘(b) Paragraph (a) does not apply if— Alexander Boustany Cole (OK) Turner ‘‘(1) the aircraft is operated by an air car- Allen Boyd (FL) Conaway Inslee Neugebauer Israel Nunes Udall (CO) rier or commercial operator certificated by Altmire Boyda (KS) Conyers Udall (NM) Andrews Brady (TX) Cooper Issa Oberstar the Federal Aviation Administration and the Jackson (IL) Obey Upton flight is required to be conducted under air Arcuri Braley (IA) Costa Van Hollen Baca Brown (SC) Costello Jackson-Lee Olver carrier safety rules, or, in the case of travel (TX) Pallone Vela´ zquez Bachmann Brown, Corrine Courtney Visclosky which is abroad, by an air carrier or com- Bachus Brown-Waite, Cramer Jefferson Pascrell mercial operator certificated by an appro- Jindal Pastor Walberg Baird Ginny Crenshaw Walden (OR) priate foreign civil aviation authority and Baker Buchanan Crowley Johnson (GA) Payne Walsh (NY) the flight is required to be conducted under Baldwin Burgess Cuellar Johnson (IL) Pearce Walz (MN) Barrow Burton (IN) Culberson Jones (NC) Pence air carrier safety rules; Wamp Bartlett (MD) Butterfield Cummings Jones (OH) Perlmutter ‘‘(2) the aircraft is owned or leased by a Wasserman Barton (TX) Buyer Davis (AL) Kagen Peterson (MN) Member, Delegate, Resident Commissioner Schultz Bean Calvert Davis (CA) Kanjorski Peterson (PA) or his or her family member (including an Waters Becerra Camp (MI) Davis (IL) Kaptur Petri aircraft owned by an entity that is not a Watson Berkley Cantor Davis (KY) Keller Pickering public corporation in which the Member, Kildee Platts Watt Berman Capito Davis, David Delegate, Resident Commissioner or his or Berry Capps Davis, Lincoln Kilpatrick Poe Waxman Biggert Capuano Davis, Tom Kind Pomeroy Weiner her family member has an ownership inter- Bilbray Cardoza DeFazio King (IA) Porter Welch (VT) est, provided that such Member, Delegate, or Bilirakis Carnahan DeGette King (NY) Price (GA) Weldon (FL) Resident Commissioner does not use the air- Bishop (GA) Carney Delahunt Kirk Price (NC) Weller craft any more than the Member, Delegate, Bishop (NY) Carson DeLauro Klein (FL) Pryce (OH) Westmoreland Resident Commissioner, or family member’s Bishop (UT) Carter Dent Kline (MN) Putnam Wexler proportionate share of ownership allows); Whitfield Blackburn Castle Diaz-Balart, L. Knollenberg Rahall ‘‘(3) the flight consists of the personal use Blumenauer Castor Diaz-Balart, M. Kucinich Ramstad Wicker Blunt Chabot Dicks Kuhl (NY) Rangel Wilson (NM) of an aircraft by a Member, Delegate, or Boehner Chandler Dingell LaHood Regula Wilson (OH) Resident Commissioner that is supplied by Bonner Clarke Doggett Lamborn Rehberg Wilson (SC) an individual on the basis of personal friend- Bono Clay Donnelly Langevin Reichert Wolf ship; or

VerDate Aug 31 2005 05:20 May 03, 2007 Jkt 059060 PO 00000 Frm 00115 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.255 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4412 CONGRESSIONAL RECORD — HOUSE May 2, 2007 ‘‘(4) the aircraft is operated by an entity of natural businessman, making friends carry out the programs of elected city the Federal government or an entity of the with ease, growing his company the councils and school districts as they government of any State. old-fashioned way, through hard work. teach our children, run parks and ‘‘(c) In this clause— Over the past 60 years, the company ‘‘(1) the term ‘campaign funds’ includes recreation programs, police our neigh- funds of any political committee under the has employed thousands of workers, borhoods, and perform a myriad of Federal Election Campaign Act of 1971, with- built many of the roads that help Cobb other services to make our commu- out regard to whether the committee is an County thrive, and even worked on the nities continually better places to live. authorized committee of the Member, Dele- expansion at Atlanta’s Hartsfield-Jack- Public employees are there for us, the gate, or Resident Commissioner involved son airport. In fact, Mr. Matthews, public, 24 hours a day, 7 days a week. In under such Act; with only an eighth-grade education, the middle of the night when a water ‘‘(2) the term ‘family member’ means an created one of the most successful fam- main breaks and floods a street, when individual who is related to the Member, ily-run businesses in the Nation. Delegate, or Resident Commissioner, as fa- a home catches fire, or when a terrorist Mr. Speaker, I want to tell Mr. Mat- ther, mother, son, daughter, brother, sister, threat is identified, it is public employ- thews’ wife, Myrtle, of 66 years, his two husband, wife, father-in-law, or mother-in- ees who respond for our communities law; and sons, two grandsons, and seven great- ‘‘(3) the term ‘on the basis of personal grandchildren, the entire Cobb County and for our Nation. friendship’ has the same meaning as in community shares in your loss. We will Mr. Speaker, I am continually im- clause 5 of rule XXV and shall be determined always remember C.W. as a man of pas- pressed with the creativity and innova- as under clause 5(a)(3)(D)(ii) of rule XXV.’’. sion, drive and ingenuity. tion of public-sector employees and The resolution was agreed to. I ask all my colleagues to join me in leaders, as they deliver better services A motion to reconsider was laid on honoring the legacy of C.W. Matthews. and value to the public, whether it’s the table. f creatively combining scarce govern- f ment resources to improve public safe- REMOVAL OF NAME OF MEMBER PROTECTING THE NATION’S ty, or teaming up government re- AS COSPONSOR OF H. RES. 106 HISTORICALLY BLACK COLLEGES sources with community volunteers to Mr. BOREN. Mr. Speaker, I request provide needed home improvements for (Ms. JACKSON-LEE of Texas asked that my name be removed from H. Res. and was given permission to address disabled seniors, or finding new ways 106. the House for 1 minute and to revise to reduce air and water pollution. I The SPEAKER pro tempore. Is there and extend her remarks.) think the public would be impressed to objection to the request of the gen- Ms. JACKSON-LEE of Texas. Mr. know that their tax dollars do have tleman from Oklahoma? Speaker, we just finished looking at many good stewards who take pride in There was no objection. two very important legislative initia- bringing them the best possible service tives by the Democratic leadership and f for their tax dollars. My own mother is a public school teacher, so I know from as well a bipartisan effort dealing with b 2350 issues like Head Start and the National experience how gifted public servants Science Foundation. SPECIAL ORDERS are at providing first-class services on As you look at the question of edu- The SPEAKER pro tempore (Mr. a steerage budget. cation, I rise today to talk of the COHEN). Under the Speaker’s an- On May 9 in Los Angeles, public em- plight of historically black colleges in nounced policy of January 18, 2007, and ployees representing a wide variety of America. It is important that we recog- under a previous order of the House, Federal, State and local government nize that America’s competitive edge the following Members will be recog- agencies and school districts will gath- will be based upon the opportunities nized for 5 minutes each. er for a Public Service Recognition for all Americans. Week ceremony. Thirteen individuals, I am disappointed in the U.S. Depart- f teams and projects will be honored as ment of Education’s failure to fully en- The SPEAKER pro tempore. Under a winners of the public service recogni- force the 1964 Civil Rights Act, title VI, previous order of the House, the gentle- and one of the victims of that failure of woman from California (Ms. WOOLSEY) tion awards for outstanding contribu- enforcement are schools in Texas, is recognized for 5 minutes. tions and service to the public. Texas Southern University and Prairie (Ms. WOOLSEY addressed the House. Over 200 individuals, teams and View A&M. It has now become a na- Her remarks will appear hereafter in projects were nominated for these tional issue, an issue of importance to the Extensions of Remarks.) awards. Since I will be performing my America because we are falling behind. f own duty as a public servant on May 9 That is why the National Science here in this House, I want to take this HONORING PUBLIC SERVICE Foundation legislation was important, RECOGNITION WEEK opportunity to extend my appreciation but it is now also important for the and congratulations to everyone who U.S. Department of Education to wake The SPEAKER pro tempore. Under a will attend that Los Angeles ceremony up and do its job in protecting the Na- previous order of the House, the gentle- and ceremonies like it all across our tion’s historically black colleges. woman from California (Ms. LINDA T. Nation. ´ f SANCHEZ) is recognized for 5 minutes. Ms. LINDA T. SA´ NCHEZ of Cali- Let me conclude by urging all of my HONORING C.W. MATTHEWS fornia. Mr. Speaker, I am pleased to colleagues to honor their public em- (Mr. GINGREY asked and was given draw the attention of the House and ployees by cosponsoring House Resolu- permission to address the House for 1 the Nation to Public Service Recogni- tion 307, which would formally des- minute and to revise and extend his re- tion Week, which will take place May 7 ignate Public Service Recognition marks.) through May 13. Week and to support public service rec- Mr. GINGREY. Mr. Speaker, I rise This week is set aside to remind us ognition events in their districts today to honor the memory of C.W. all of the vital work that public em- around the Nation in the coming week. Matthews, a long-term businessman in ployees do every day across our coun- Cobb County, Georgia. Mr. Matthews try and to honor that work. In many f passed away on Sunday at the age of 84, ways, public employees are the daily The SPEAKER pro tempore. Under a and with his passing, our Nation lost of embodiment of our democracy. Every previous order of the House, the gen- one of its most inspired industrialists day they carry out the programs and tleman from Texas (Mr. POE) is recog- In the 1940s, a 23-year-old Matthews services chosen by our elected govern- established the C.W. Matthews Con- ment from the Federal to the State to nized for 5 minutes. tracting Company, which today is the the local level. (Mr. POE addressed the House. His largest highway contractor in the Locally, where democracy has the remarks will appear hereafter in the southeastern United States. C.W. was a most direct impact, public employees Extensions of Remarks.)

VerDate Aug 31 2005 05:20 May 03, 2007 Jkt 059060 PO 00000 Frm 00116 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.152 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4413 LOCAL LAW ENFORCEMENT HATE marriage of a man and a woman; if U.N., from any formal recognition of CRIMES PREVENTION ACT OF 2007 someone heard that and went out and the Armenian genocide. The SPEAKER pro tempore. Under a committed an offense causing bodily This is the warped Turkish version of previous order of the House, the gen- injury, shooting someone, and then history, and it’s simply not acceptable. tleman from Texas (Mr. GOHMERT) is when they were questioned, they said, The Turkish objection to this exhibit is recognized for 5 minutes. well, my minister, rabbi or imam said the latest example of their genocide de- Mr. GOHMERT. Mr. Speaker, tomor- this was wrong, and this is what in- nial. It’s absolutely ludicrous that an row this body will take up legislation duced me to do this, well, under exist- exhibit dedicated to the education and that is referred to as hate crime legis- ing Federal law, when coupled with the prevention of genocide would include lation. On its face that sounds pretty law the majority wants to pass tomor- Armenia as an example, use the defini- innocuous, something we should all row, that minister could be charged tion of the term ‘‘genocide,’’ but not agree on. We are against hate. under the law as a principal, as having use the word ‘‘genocide’’ to describe Those of us who believe in the Bible shot the victim. That would mean that the events. would say that is not something that any sermons, any Bible teachings, any How, exactly, are you educating the anyone should engage in. Hate. But the Koran or any Torah teachings that public about genocide when you refuse fact is there are laws across America were perhaps on file at the home, in to call the first genocide of the 20th that deal with crimes. What hate crime the office, on the hard drive, would century by its name? The word ‘‘geno- legislation does is carve out essential then be admissible, because that is evi- cide’’ was actually created as a way to exemptions, special punishments for dence that this individual taught and describe the barbaric crimes inflicted people who commit offenses. preached how wrong this was, which in- against the Armenians between 1915 In the past, hate crimes have been duced the individual to commit the and 1923, but now the word cannot be limited to felonies that involve serious crime. used in an exhibit at the U.N. This is bodily injury, that kind of thing, in Now, others say that’s ridiculous, utterly ridiculous. most areas. But here for the first time, and it reminds me a great deal of the Would you ever have an exhibit on we are not going to enhance punish- debate in this House in 1935, 1936, on Christianity without mentioning the ment, we are not going to just only Social Security, when some stood here birth of Christ? The same type of ab- spend money of Federal dollars to help and said, we don’t want Social Security surdity has been used by President other jurisdictions enforce their hate numbers because those will one day be Bush during his annual statement com- crime legislation. Now we created a utilized as identification numbers. memorating the anniversary of the Ar- special Federal crime that will allow That was roundly guffawed, this is ri- menian genocide. Year after year the the full weight of the Federal Govern- diculous. This is simply a number on a Bush administration continues to play ment to go after those who, according Social Security account. It could never word games by not calling evil by its to the law we will vote on tomorrow, in be identification. That’s ridiculous. proper name. any circumstance, basically, willfully Others say, look, we have a provision If I could just end by saying, I don’t causes bodily injury to any person. in here that says first amendment think that the U.N. response to geno- Now, most hate crime laws refer to speech. cides should be denigrated to a level serious bodily injury, but not in this The SPEAKER pro tempore. The acceptable to the Turkish Government. legislation. We refer to bodily injury. time of the gentleman has expired. It’s about time that the Bush adminis- We have lowered the bar dramatically. f tration started dictating a policy for There are some jurisdictions that Americans, not for a foreign govern- U.N. RWANDA GENOCIDE EXHIBIT would say bodily injury can be tem- ment like Turkey. This lack of honesty REVISION porary, no matter how temporary. It is simply not acceptable. can be a touching, a pushing. The SPEAKER pro tempore. Under a Turkey should be condemned for its policy So, in other words, if someone op- previous order of the House, the gen- of denying the Armenian genocide. As a glob- posed to your position that, perhaps, tleman from New Jersey (Mr. PALLONE) al community we must collectively stand for was having gender identity issues, like is recognized for the remainder of the historical truth and properly recognize the a transvestite, got between you and time until midnight. worst humanitarian crimes we have seen. Mr. PALLONE. Mr. Speaker, yester- your office, and there were numbers of f them, and you tried to get through to day what was supposed to be an impor- your office, then, as has happened in tant U.N. exhibit educating the world LEAVE OF ABSENCE other places, he may be inclined now to about the Rwandan genocide was By unanimous consent, leave of ab- go to the Federal Government, file a turned into a farce thanks to the ac- sence was granted to: criminal complaint for which you tions of the Turkish Government. Mrs. MCMORRIS RODGERS (at the re- could be arrested, and that would be Three weeks ago, when the Rwanda quest of Mr. BOEHNER) for the week of bodily injury sufficient to rise to that genocide exhibit was originally set to April 30 and the week of May 7 on ac- level. open, the Turkish Government did count of maternity leave. Now, some have said, in our com- what the Turkish Government often Mr. GRAVES (at the request of Mr. mittee, that this does not affect any does, denied historical facts and ob- BOEHNER) from 6:30 p.m. today and the speech, this is only actions. But the jected to the exhibit because it ob- balance of the week on account of a trouble is existing Federal law, under jected to Armenian genocide as an ex- death in the family. 18 U.S. Code 2(a) of the Federal Crimi- ample of genocide. f nal Code, and I have taken an excerpt It was bad enough that this impor- from it, says: ‘‘Whoever aids . . . abets, tant U.N. exhibit documenting the SPECIAL ORDERS GRANTED counsels, commands, induces or pro- Rwanda genocide was delayed by 3 By unanimous consent, permission to cures’’ a crime’s commission is punish- weeks because Turkey continued to address the House, following the legis- able as if they had committed the deny the past, but I was appalled when lative program and any special orders crime itself. the exhibit was opened yesterday at heretofore entered, was granted to: That’s referred to in most jurisdic- the U.N. with one major revision. (The following Members (at the re- tions as the law of principals. It’s not a Gone was the citing of the system- quest of Mr. PALLONE) to revise and ex- conspiracy law, it’s a law of principals. atic killing of 1.5 millions Armenians tend their remarks and include extra- Therefore, as I ask about a hypo- as genocide. Instead it was referred to neous material:) thetical in committee, if a minister as a mass killing in order to appease Ms. WOOLSEY, for 5 minutes, today. were to preach from the Bible or sim- the Turkish Government. No serious Mrs. MCCARTHY of New York, for 5 ply read from the Bible, or a rabbi were historical dispute exists about the Ar- minutes, today. to read from the Torah or teach from menian genocide. Sadly, an intensive Ms. KAPTUR, for 5 minutes, today. it, or an imam was to read from the and well-financed effort by the Turkish Ms. BERKLEY, for 5 minutes, today. Koran, indicating that it is wrong to Government has succeeded in pre- Mr. WYNN, for 5 minutes, today. have sexual relations outside of the venting the United States, and now the Mr. PALLONE, for 5 minutes, today.

VerDate Aug 31 2005 05:20 May 03, 2007 Jkt 059060 PO 00000 Frm 00117 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.263 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4414 CONGRESSIONAL RECORD — HOUSE May 2, 2007 Ms. LINDA T. S´ ANCHEZ OF CALIFORNIA, Department’s final rule — Processed Fruits 1459. A letter from the Assistant Secretary, FOR 5 MINUTES, TODAY. and Vegetables [Docket # AMS-FV-07-0025; Land and Minerals Management, Depart- (The following Members (at the re- FV-05-379] (RIN: 0581-AC56) received March ment of the Interior, transmitting a copy of 26, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to a draft bill entitled, ‘‘to repeal certain oil quest of Mr. BURGESS) to revise and ex- the Committee on Agriculture. and gas incentives contained in the Energy tend their remarks and include extra- 1448. A letter from the Administrator, De- Policy Act of 2005 and for other purposes’’; to neous material:) partment of Agriculture, transmitting the the Committee on Natural Resources. Mr. POE, for 5 minutes, May 9. Department’s final rule — Tomatoes Grown 1460. A letter from the Chairman —— Sur- Mr. MCCOTTER, for 5 minutes, May 3. in Florida; Change in Handling Require- face Transportation Board, Department of Ms. ROS-LEHTINEN for 5 minutes, for ments [Docket No. AMS-FV-06-0208; FV07- Transportation, transmitting the Depart- May 8 and May 9. 966-1 IFR] received March 26, 2007, pursuant ment’s final rule — REGULATIONS GOV- Mr. GOHMERT, for 5 minutes, today. to 5 U.S.C. 801(a)(1)(A); to the Committee on ERNING FEES FOR SERVICES PER- Mr. BURGESS, for 5 minutes, today. Agriculture. FORMED IN CONNECTION WITH LICENS- 1449. A letter from the Administrator, De- ING AND RELATED SERVICES-2007 UP- Mr. GINGREY, for 5 minutes, today. partment of Agriculture, transmitting the DATE [STB Ex Parte No. 542 (Sub-No. 14)] f Department’s final rule — Hazelnuts Grown received April 20, 2007, pursuant to 5 U.S.C. BILLS PRESENTED TO THE in Oregon and Washington; Establishment of 801(a)(1)(A); to the Committee on Transpor- PRESIDENT Final Free and Restricted Percentages for tation and Infrastructure. the 2006-2007 Marketing Year [Docket No. 1461. A letter from the Program Analyst, Lorraine C. Miller, Clerk of the AMS-FV-06-0175; FV07-982-1 IFR] received Department of Transportation, transmitting House reports that on May 1, 2007, she March 26, 2007, pursuant to 5 U.S.C. the Department’s final rule — Modification presented to the President of the 801(a)(1)(A); to the Committee on Agri- of Class E Airspace; Phillipsburg, KS. [Dock- United States, for his approval, the fol- culture. et No. FAA-2006-25943; Airspace Docket No. lowing bills. 1450. A letter from the Administrator, De- 06-ACE-13] received April 13, 2007, pursuant partment of Agriculture, transmitting the to 5 U.S.C. 801(a)(1)(A); to the Committee on H.R. 1591. Making emergency supplemental Department’s final rule — Cut Flowers From Transportation and Infrastructure. appropriations for the fiscal year ending Countries With Chrysanthemum White Rust 1462. A letter from the Program Analyst, September 30, 2007, and for other purposes. [Docket No. 03-016-3] (RIN: 0579-AC18) re- Department of Transportation, transmitting H.R. 1681. To amend the Congressional ceived April 10, 2007, pursuant to 5 U.S.C. the Department’s final rule — Modification Charter of The American National Red Cross 801(a)(1)(A); to the Committee on Agri- of Class E Airspace; Thedford, NE. [Docket to modernize its governance structure, to en- culture. No. FAA-2006-25942; Airspace Docket No. 06- hance the ability of the board of governors of 1451. A letter from the Under Secretary for ACE-12] received April 13, 2007, pursuant to 5 The American National Red Cross in the 21st Personnel and Readiness, Department of De- U.S.C. 801(a)(1)(A); to the Committee on century, and for other purposes. fense, transmitting a letter on the approved Transportation and Infrastructure. f retirement Vice Admiral Albert M. Calland 1463. A letter from the Program Analyst, III, United States Navy, and his advance- Department of Transportation, transmitting ADJOURNMENT ment to the grade of vice admiral on the re- the Department’s final rule — Airworthiness Mr. PALLONE. Mr. Speaker, I move tired list; to the Committee on Armed Serv- Directives; Pilatus Aircraft Ltd. Model PC-7 that the House do now adjourn. ices. Airplanes [Docket No. FAA-2006-25582; Direc- The motion was agreed to; accord- 1452. A letter from the Under Secretary for torate Identifier 2006-CE-42-AD; Amendment Personnel and Readiness, Department of De- ingly (at midnight), the House ad- 39-14813; AD 2006-23-01] (RIN: 2120-AA64) re- fense, transmitting a letter on the approved ceived April 10, 2007, pursuant to 5 U.S.C. journed until today, Thursday, May 3, retirement of Lieutenant General Donald J. 801(a)(1)(A); to the Committee on Transpor- 2007, at 10 a.m. Wetekam, United States Air Force, and his tation and Infrastructure. f advancement to the grade of lieutenant gen- 1464. A letter from the Program Analyst, eral on the retired list; to the Committee on Department of Transportation, transmitting EXECUTIVE COMMUNICATIONS, Armed Services. the Department’s final rule — Airworthiness ETC. 1453. A letter from the Under Secretary for Directives; Pratt & Whitney PW4074, Under clause 8 of rule XII, executive Acquisitions, Technology and Logistics, De- PW4074D, PW4077, PW4077D, PW4084D, communications were taken from the partment of Defense, transmitting a copy of PW4090, PW4090-3, and PW4098 Turbofan En- the Department of Defense (DoD) Chemical gines [Docket No. FAA-2006-24487; Direc- Speaker’s table and referred as follows: and Biological Defense Program (CBDP) An- torate Identifier 2006-NE-13-AD; Amendment 1443. A letter from the Congressional Re- nual Report to Congress, pursuant to 50 39-14810; AD 2006-22-13] (RIN: 2120-AA64) re- view Coordinator, Department of Agri- U.S.C. 1523; to the Committee on Armed ceived April 10, 2007, pursuant to 5 U.S.C. culture, transmitting the Department’s final Services. 801(a)(1)(A); to the Committee on Transpor- rule — Emerald Ash Border; Quarantined 1454. A letter from the General Counsel, tation and Infrastructure. Areas; Michigan [APHIS-2006-0131] received Department of Commerce, transmitting a 1465. A letter from the Program Analyst, February 27, 2007, pursuant to 5 U.S.C. copy of draft legislation to amend the Com- Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Agri- munications Act of 1934 to terminate the the Department’s final rule — Airworthiness culture. Telecommunications Development Fund; to Directives; Airbus Model A300 Airplanes 1444. A letter from the Congressional Re- the Committee on Energy and Commerce. [Docket No. FAA-2006-25634; Directorate view Coordinator, Department of Agri- 1455. A letter from the Assistant Legal Ad- Identifier 2006-NM-143-AD; Amendment 39- culture, transmitting the Department’s final viser for Treaty Affairs, Department of 14844; AD 2006-25-03] (RIN: 2120-AA64) received rule — Viruses, Serums, Toxins, and Analo- State, transmitting Copies of international April 10, 2007, pursuant to 5 U.S.C. gous Products; Suspension, Revocation, or agreements, other than treaties, entered into 801(a)(1)(A); to the Committee on Transpor- Termination of Biological Licenses or Per- by the United States, pursuant to 1 U.S.C. tation and Infrastructure. mits; Inspections [APHIS Docket No. 02-107- 112b; to the Committee on Foreign Affairs. 1466. A letter from the Program Analyst, 2] (RIN: No. 0579-AC29) received April 11, 2007, 1456. A letter from the President, Overseas Department of Transportation, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Private Investment Corporation, transmit- the Department’s final rule — Airworthiness mittee on Agriculture. ting a copy of a draft bill entitled, ‘‘To Directives; Gulfstream Model G-159 Air- 1445. A letter from the Regulatory Contact, amend the Foreign Assistance Act of 1961 planes [Docket No. 96-NM-143-AD; Amend- Department of Agriculture, transmitting the with respect to the activities of the Overseas ment 39-14843; AD 2006-25-02] (RIN: 2120-AA64) Department’s final rule — Rules of Practice Private Investment Corporation’’; to the received April 10, 2007, pursuant to 5 U.S.C. Governing Proceedings under the Packers Committee on Foreign Affairs. 801(a)(1)(A); to the Committee on Transpor- and Stockyards Act (RIN: 0580-AA97) re- 1457. A letter from the Chief Administra- tation and Infrastructure. ceived April 11, 2007, pursuant to 5 U.S.C. tive Officer, transmitting the quarterly re- 1467. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Agri- port of receipts and expenditures of appro- Department of Transportation, transmitting culture. priations and other funds for the period Jan- the Department’s final rule — Airworthiness 1446. A letter from the Administrator, De- uary 1, 2007 through March 31, 2007 as com- Directives; Boeing Model 767 Airplanes partment of Agriculture, transmitting the piled by the Chief Administrative Officer, [Docket No. FAA-2006-24814; Directorate Department’s final rule — Soybean Pro- pursuant to 2 U.S.C. 104a; (H. Doc. No.110–32); Identifier 2006-NM-093-AD; Amendment 39- motion and Research: Qualified State Soy- to the Committee on House Administration 14833; AD 2006-24-04] (RIN: 2120-AA64) received bean Boards; Correction [Docket No. LS-06- and ordered to be printed. April 10, 2007, pursuant to 5 U.S.C. 06] received March 26, 2007, pursuant to 5 1458. A letter from the Secretary, Depart- 801(a)(1)(A); to the Committee on Transpor- U.S.C. 801(a)(1)(A); to the Committee on Ag- ment of Interior, transmitting a copy of a tation and Infrastructure. riculture. draft bill entitled, ‘‘Reclamation Water Man- 1468. A letter from the Program Analyst, 1447. A letter from the Administrator, De- agement Improvement Act’’; to the Com- Department of Transportation, transmitting partment of Agriculture, transmitting the mittee on Natural Resources. the Department’s final rule — Airworthiness

VerDate Aug 31 2005 05:20 May 03, 2007 Jkt 059060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MY7.266 H02MYPT1 hmoore on PRODPC68 with HMHOUSE May 2, 2007 CONGRESSIONAL RECORD — HOUSE H4415 Directives; Empresa Brasileira de jurisdictions, and Indian tribes to prosecute other purposes; to the Committee on the Ju- Aeronautica S.A. (EMBRAER) Model EMB- hate crimes, and for other purposes (Rept. diciary. 135BJ and EMB-145XR Airplanes [Docket No. 110–120). Referred to the House Calendar. By Mr. FORTENBERRY (for himself, 2004-NM-36-AD; Amendment 39-14788; AD Mr. PETERSON of Minnesota, Mr. f 2006-21-04] (RIN: 2120-AA64) received April 10, TERRY, and Mr. SMITH of Nebraska): 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the PUBLIC BILLS AND RESOLUTIONS H.R. 2110. A bill to amend the Internal Rev- Committee on Transportation and Infra- enue Code of 1986 to provide for tax exempt structure. Under clause 2 of rule XII, public qualified small issue bonds to finance agri- 1469. A letter from the Program Analyst, bills and resolutions were introduced cultural processing property; to the Com- Department of Transportation, transmitting and severally referred, as follows: mittee on Ways and Means. By Mr. HOLT (for himself, Mr. the Department’s final rule — Airworthiness By Mr. BOUCHER (for himself, Mr. HINOJOSA, Mrs. MCCARTHY of New Directives; Cirrus Design Corporation Models PENCE, Mr. CONYERS, Mr. COBLE, Mr. SR20 and SR22 Airplanes [Docket No. FAA- York, Mr. WU, and Mr. REYES): YARMUTH, and Mr. WALDEN of Or- H.R. 2111. A bill to amend the Elementary 2006-24010; Directorate Identifier 2006-CE-14- egon): AD; Amendment 39-14787; AD 2006-21-03] (RIN: and Secondary Education Act of 1965 to es- H.R. 2102. A bill to maintain the free flow tablish a partnership program in foreign lan- 2120-AA64) received April 10, 2007, pursuant of information to the public by providing to 5 U.S.C. 801(a)(1)(A); to the Committee on guages; to the Committee on Education and conditions for the federally compelled disclo- Labor. Transportation and Infrastructure. sure of information by certain persons con- 1470. A letter from the Program Analyst, By Mr. ISRAEL: nected with the news media; to the Com- H.R. 2112. A bill to amend the Energy Pol- Department of Transportation, transmitting mittee on the Judiciary. icy Act of 1992 to require the Federal Gov- the Department’s final rule — Airworthiness By Mr. GEORGE MILLER of California ernment to acquire not fewer than 50,000 Directives; McDonnell Douglas Model DC-9- (for himself, Mr. KILDEE, Mr. ALLEN, plug-in hybrid electric vehicles; to the Com- 10 Series Airplanes; DC-9-20 Series Airplanes; Mrs. TAUSCHER, Mr. HASTINGS of mittee on Oversight and Government Re- DC-9-30 Series Airplanes; DC-9-40 Series Air- Florida, Mr. SARBANES, Ms. SHEA- form. planes; and DC-9-50 Airplanes [Docket No. PORTER, Mr. KUCINICH, Mr. BISHOP of By Mr. MAHONEY of Florida: FAA-2005-21779; Directorate Identifier 2002- New York, Mr. LOEBSACK, Mr. PRICE H.R. 2113. A bill to grant a right of first re- NM-349-AD; Amendment 39-14790; AD 2006-21- of North Carolina, Ms. SCHAKOWSKY, fusal to the Town of Jupiter Island, Florida, 06] (RIN: 2120-AA64) received April 10, 2007, and Mrs. MCCARTHY of New York): with respect to Coast Guard property on Ju- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 2103. A bill to amend title IV of the piter Island, and for other purposes; to the mittee on Transportation and Infrastruc- Employee Retirement Income Security Act Committee on Transportation and Infra- ture. of 1974 to require the Pension Benefit Guar- structure. 1471. A letter from the Program Analyst, anty Corporation, in the case of airline pi- By Mrs. MALONEY of New York (for Department of Transportation, transmitting lots who are required by regulation to retire herself, Mr. SHAYS, Ms. LEE, Mr. the Department’s final rule — Airworthiness at age 60, to compute the actuarial value of CROWLEY, Mr. HONDA, Ms. MCCOLLUM Directives; Hartzell Propeller Inc. Propellers monthly benefits in the form of a life annu- of Minnesota, Mr. CASTLE, Mr. and McCauley Propeller Systems Control- ity commencing at age 60; to the Committee MICHAUD, Mr. JACKSON of Illinois, Mr. lable Propellers. [Docket No. FAA-2005-20141; on Education and Labor. MEEKS of New York, Mr. LANTOS, Mr. Directorate Identifier 2005-NE-01-AD; By Mr. BARRETT of South Carolina ALLEN, Mr. GRIJALVA, Mr. MCNULTY, Amendment 39-14836; AD 2006-24-07] (RIN: (for himself, Mr. KUHL of New York, Ms. WOOLSEY, Mr. CARNAHAN, Ms. 2120-AA64) received April 10, 2007, pursuant Mr. ALEXANDER, Mr. LAMBORN, Mr. SCHAKOWSKY, and Ms. WATSON): to 5 U.S.C. 801(a)(1)(A); to the Committee on LUCAS, Mr. MARCHANT, Mr. GARRETT H.R. 2114. A bill to provide a United States Transportation and Infrastructure. of New Jersey, Mr. WELDON of Flor- voluntary contribution to the United Na- 1472. A letter from the Chief, Publications ida, Mr. HOEKSTRA, Mr. PEARCE, Mr. tions Population Fund only for the preven- and Regulations Branch, Internal Revenue CAMPBELL of California, Mr. tion, treatment, and repair of obstetric fis- Service, transmitting the Service’s final rule GOHMERT, Mr. GINGREY, Mr. BILBRAY, tula; to the Committee on Foreign Affairs. — Application of Section 409A to Non- Mr. PITTS, Mr. AKIN, Mr. GOODE, Mrs. By Mr. MARSHALL: qualified Deferred Compensation Plans [TD BLACKBURN, Mr. CANTOR, Mr. RYAN of H.R. 2115. A bill to amend the Public 9321] (RIN: 1545-BE79) received April 13, 2007, Wisconsin, Mr. BISHOP of Utah, Mr. Health Service Act and title XIX of the So- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- BURTON of Indiana, Mr. WALBERG, Mr. cial Security Act to provide for a screening mittee on Ways and Means. SHADEGG, Mrs. MUSGRAVE, Ms. FOXX, and treatment program for prostate cancer 1473. A letter from the Chief, Publications Mr. CONAWAY, Mr. FRANKS of Arizona, in the same manner as is provided for breast and Regulations, Internal Revenue Service, Mr. WILSON of South Carolina, Mr. and cervical cancer; to the Committee on transmitting the Service’s final rule — Dis- HUNTER, Mr. ROGERS of Alabama, Mr. Energy and Commerce. allowance of Certain Entertainment, Etc., WICKER, Mrs. EMERSON, Mr. EVERETT, By Mr. MEEK of Florida (for himself ANTOR Expenses — received April 10, 2007, pursuant Mr. BROWN of South Carolina, and and Mr. C ): H.R. 2116. A bill to amend the Internal Rev- to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. CARTER): enue Code of 1986 to provide incentives to en- Ways and Means. H.R. 2104. A bill to protect the right of courage investment in the expansion of 1474. A letter from the Secretary, Depart- elected and appointed officials to express freight rail infrastructure capacity and to ment of Labor, transmitting a copy of a their religious beliefs through public prayer; enhance modal tax equity; to the Committee draft bill entitled, ‘‘Child Labor Protection to the Committee on the Judiciary. on Ways and Means. Act of 2007’’; jointly to the Committees on By Mr. CHANDLER: By Mr. PAUL (for himself, Mr. BURTON Education and Labor and the Judiciary. H.R. 2105. A bill to prevent the abuse and of Indiana, Mr. SHAYS, Mr. BARTLETT 1475. A letter from the Chairman, Federal exploitation of older individuals; to the Com- Election Commission, transmitting 5 rec- of Maryland, and Mr. DUNCAN): mittee on the Judiciary. H.R. 2117. A bill to amend the Federal ommendations for legislative action, pursu- By Mr. CHANDLER: ant to 2 U.S.C. 438(a)(9); jointly to the Com- Food, Drug, and Cosmetic Act concerning H.R. 2106. A bill to ensure that sex offend- foods and dietary supplements, to amend the mittees on House Administration and the ers and sexually violent predators are not el- Judiciary. Federal Trade Commission Act concerning igible for parole; to the Committee on the the burden of proof in false advertising cases, f Judiciary. and for other purposes; to the Committee on By Mrs. CHRISTENSEN: REPORTS OF COMMITTEES ON Energy and Commerce. H.R. 2107. A bill to create the Office of By Mr. PETERSON of Minnesota (for PUBLIC BILLS AND RESOLUTIONS Chief Financial Officer of the Government of himself, Mr. BOUSTANY, Mr. MAR- Under clause 2 of rule XIII, reports of the Virgin Islands, and for other purposes; to SHALL, Mr. GRAVES, Mr. PUTNAM, Mr. committees were delivered to the Clerk the Committee on Natural Resources. THOMPSON of Mississippi, and Mr. By Ms. DELAURO (for herself, Ms. for printing and reference to the proper AKIN): DEGETTE, Mr. MORAN of Virginia, Mr. H.R. 2118. A bill to establish the National calendar, as follows: GENE GREEN of Texas, Ms. Institute of Food and Agriculture, to provide Mr. LANTOS: Committee on Foreign Af- SCHAKOWSKY, Ms. MATSUI, and Mrs. funding for the support of fundamental agri- fairs. H.R. 982. A bill to promote democratic DAVIS of California): cultural research of the highest quality, and values and enhance democracy, and for other H.R. 2108. A bill to amend the Federal for other purposes; to the Committee on Ag- purposes (Rept. 110–119). Referred to the Food, Drug, and Cosmetic Act with respect riculture. Committee of the Whole House on the State to the safety of food for humans and pets; to By Mr. POMEROY (for himself, Mr. of the Union. the Committee on Energy and Commerce. COLE of Oklahoma, and Mr. KILDEE): Mr. MCGOVERN: Committee on Rules. By Mrs. DRAKE: H.R. 2119. A bill to amend titles I and IV of House Resolution 364. Resolution providing H.R. 2109. A bill to amend title 18, United the Employee Retirement Income Security for consideration of the bill (H.R. 1592) to States Code, to provide Federal penalties for Act of 1974 to modify the definition of gov- provide Federal assistance to States, local certain killings by illegal aliens, and for ernmental plan with respect to Indian tribal

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governments; to the Committee on Edu- H.R. 243: Mr. GORDON. H.R. 1127: Mr. MORAN of Virginia, Ms. cation and Labor, and in addition to the H.R. 254: Ms. SCHAKOWSKY. GRANGER, and Mr. LATOURETTE. Committee on Ways and Means, for a period H.R. 321: Mr. TURNER. H.R. 1131: Mrs. CAPITO, Mrs. JO ANN DAVIS to be subsequently determined by the Speak- H.R. 333: Mr. DEFAZIO and Mr. MCCOTTER. of Virginia, and Mr. WEXLER. er, in each case for consideration of such pro- H.R. 369: Mrs. DAVIS of California. H.R. 1157: Mr. BISHOP of Georgia, Mr. JOHN- visions as fall within the jurisdiction of the H.R. 371: Mr. SHIMKUS. SON of Georgia, Mrs. MALONEY of New York, committee concerned. H.R. 468: Mr. SCOTT of Virginia. Mr. CLAY, Mr. KIRK, Ms. VELA´ ZQUEZ, MS. By Mr. STUPAK: H.R. 538: Mr. HARE. ROS-LEHTINEN, Mr. HOLT, Mr. SHERMAN, Ms. H.R. 2120. A bill to direct the Secretary of H.R. 539: Mr. JOHNSON of Georgia. SHEA-PORTER, Mr. HASTINGS of Florida, Mr. the Interior to proclaim as reservation for H.R. 562: Mr. WILSON of Ohio. GARRETT of New Jersey, Mr. WALZ of Min- the benefit of the Sault Ste. Marie Tribe of H.R. 566: Mr. ACKERMAN. nesota, Mr. DEFAZIO, Mr. JINDAL, Ms. BALD- H.R. 579: MR. ALTMIRE and Mr. SCHIFF. Chippewa Indians a parcel of land now held WIN, Mr. DAVIS of Illinois, Mr. FILNER, Mr. H.R. 601: Mr. KELLER, Mr. PETRI, Mrs. in trust by the United States for that Indian THOMPSON of California, Mr. RANGEL, Ms. MCMORRIS RODGERS, Ms. FOXX, Mr. KUHL of tribe; to the Committee on Natural Re- MOORE of Wisconsin, Ms. WATERS, Mr. New York, Mr. CASTLE, Mr. SOUDER, Mr. sources. WELLER, Mr. SALAZAR, Mr. STARK, Mr. SCOTT EHLERS, and Ms. GINNY BROWN-WAITE of By Mr. STUPAK (for himself and Mr. of Georgia, Mr. SIRES, Mr. ALTMIRE, Mr. BOS- Florida. CAMP of Michigan): WELL, Mr. ACKERMAN, Mr. MCDERMOTT, Mr. H.R. 620: Mr. DOGGETT. H.R. 2121. A bill to modify a land grant pat- FARR, and Ms. JACKSON-LEE of Texas. H.R. 642: Ms. HOOLEY, Mr. PETERSON of ent issued by the Secretary of the Interior; H.R. 1179: Mr. GORDON. Minnesota, and Mr. LAMPSON. to the Committee on Natural Resources. H.R. 1189: Mr. MARKEY. H.R. 643: Mr. LARSEN of Washington, Mr. By Mr. ALEXANDER: H.R. 1216: Mr. WAXMAN and Mr. MARKEY. MCNERNEY, Ms. HOOLEY, Mr. MARSHALL, Ms. H. Res. 362. A resolution honoring the life H.R. 1225: Mr. WYNN, Mr. HONDA, Ms. WATSON, Mr. TERRY, Mr. BOUCHER, Mr. of Coach Edward ‘‘Eddie’’ Robinson; to the CLARKE, and Mr. MORAN of Virginia. PENCE, and Mr. CONAWAY. Committee on Education and Labor. H.R. 1237: Mr. RYAN of Wisconsin and Mr. H.R. 690: Mr. PETERSON of Minnesota. BONNER. By Mr. PETERSON of Minnesota (for H.R. 692: Ms. ZOE LOFGREN of California. H.R. 1239: Mr. MORAN of Virginia. himself and Mr. GRAVES): H.R. 698: Mr. SIRES, Mrs. CAPPS, and Mr. H.R. 1246: Mr. MEEK of Florida and Mr. H. Res. 363. A resolution amending the ALTMIRE. MURPHY of Connecticut. Rules of the House of Representatives to H.R. 699: Mr. TURNER. H.R. 1259: Mr. VAN HOLLEN. clarify certain matters relating to official H.R. 715: Mr. LOEBSACK. H.R. 1264: Mr. PETRI. conduct; to the Committee on Standards of H.R. 725: Mr. FORTENBERRY. H.R. 1275: Ms. SCHAKOWSKY. Official Conduct. considered and agreed to. H.R. 726: Mr. RAHALL. H.R. 1304: Mr. MCCOTTER, Mr. ROSKAM, and By Mr. HONDA (for himself, Ms. ZOE H.R. 729: Mr. OLVER and Mr. LEVIN. Mr. CRENSHAW. LOFGREN of California, Ms. ESHOO, H.R. 736: Mr. BILIRAKIS. H.R. 1307: Mr. MILLER of Florida. Mr. FARR, and Mr. MCNERNEY): H.R. 741: Mr. ARCURI, Mr. GORDON, Mr. H.R. 1342: Mr. MILLER of Florida. H. Res. 365. A resolution honoring San Jose LYNCH, Mr. ROTHMAN, Mr. PASCRELL, Mr. H.R. 1344: Mr. HIGGINS. State University for its 150 years of commit- LOBIONDO, Mr. HOLT, Mr. KING of New York, H.R. 1363: Mr. ROTHMAN and Mr. DAVIS of ment to public higher education; to the Com- Mr. SIRES, Mr. PITTS, and Mr. BRADY of Illinois. mittee on Education and Labor. Pennsylvania. H.R. 1365: Mr. HERGER. By Mr. HONDA (for himself, Mr. H.R. 750: Ms. MOORE of Wisconsin, Ms. H.R. 1366: Mr. HERGER, Mr. RAMSTAD, and TOWNS, and Mr. DENT): CLARKE, Mrs. CHRISTENSEN, Ms. WATSON, Mr. Mr. SMITH of Nebraska. H. Res. 366. A resolution supporting the CUMMINGS, Mr. JEFFERSON, Mr. LEWIS of H.R. 1381: Mr. BAIRD. goals and ideals of National Hepatitis B Georgia, Ms. SOLIS, Mr. RANGEL, and Ms. H.R. 1385: Mrs. JONES of Ohio, Ms. Sutton, Awareness Week; to the Committee on En- LEE. Mr. TIBERI, Mr. LANTOS, Ms. SCHAKOWSKY, ergy and Commerce. H.R. 758: Mr. ALTMIRE. and Mr. HIGGINS. By Mr. SALI: H.R. 770: Mr. WATT. H.R. 1393: Mrs. SCHMIDT. H. Res. 367. A resolution commemorating H.R. 782: Mr. JACKSON of Illinois, Mr. H.R. 1406: Mr. SHULER and Ms. JACKSON- the 25th anniversary of the construction and BERRY, and Mr. AKIN. LEE of Texas. dedication of the Vietnam Veterans Memo- H.R. 784: Ms. HOOLEY. H.R. 1415: Mr. GUTIERREZ, Mr. MORAN of rial; to the Committee on Armed Services, H.R. 808: Mr. MCNULTY. Virginia, Mr. DAVIS of Illinois, Mr. and in addition to the Committees on Nat- H.R. 821: Ms. SCHAKOWSKY and Mr. CUMMINGS, Mrs. GILLIBRAND, Mr. DEFAZIO, ural Resources, and Veterans’ Affairs, for a MCCOTTER. and Mr. FARR. period to be subsequently determined by the H.R. 864: Mrs. EMERSON and Mr. HINOJOSA. H.R. 1416: Mr. CUMMINGS, Mr. GUTIERREZ, Speaker, in each case for consideration of H.R. 871: Mr. FILNER and Mr. PAYNE. Mr. MORAN of Virginia, Mr. DAVIS of Illinois, such provisions as fall within the jurisdic- H.R. 882: Mr. MCCOTTER and Mr. CUELLAR. Mrs. GILLIBRAND, Mr. DEFAZIO, Mr. HODES, tion of the committee concerned. H.R. 906: Ms. GIFFORDS. H.R. 909: Mr. FARR and Mr. MCCOTTER. Mr. FARR, and Mr. JACKSON of Illinois. f H.R. 916: Mr. WATT. H.R. 1418: Mr. CROWLEY. H.R. 1422: Mrs. TAUSCHER and Mr. PALLONE. MEMORIALS H.R. 938: Mrs. BOYDA OF KANSAS. H.R. 943: Mr. DICKS. H.R. 1428: Mr. GORDON. Under clause 3 of rule XII, memorials H.R. 964: Mr. MOORE of Kansas. H.R. 1430: Mr. HELLER, Mrs. BOYDA of Kan- were presented and referred as follows: H.R. 969: Mr. LIPINSKI, Ms. DELAURO, Mr. sas, and Mr. MCCOTTER. H.R. 1441: Mrs. LOWEY. 29. The SPEAKER presented a memorial of KANJORSKI, Mr. OLVER, Mr. ENGEL, Mr. H.R. 1448: Mr. WATT. the General Assembly of the State of North SERRANO, and Mr. SESTAK. H.R. 1461: Mr. ELLISON. Dakota, relative to Senate Concurrent Reso- H.R. 970: Mr. MATHESON. H.R. 1464: Mr. CLAY, Mr. ROTHMAN, Mr. KIL- lution No. 4016 urging the Congress of the H.R. 971: Mr. CUELLAR. DEE, Mr. PAYNE, Mr. FRANK of Massachu- United States to direct the United States H.R. 980: Mrs. CAPITO, Mr. GALLEGLY, Mr. setts, Mrs. MALONEY of New York, Ms. Army Corps of Engineers to address and rec- WATT, Mrs. MCCARTHY of New York, and Ms. DELAURO, Mr. INSLEE, Ms. HIRONO, and Mr. tify the problems caused by the accumula- HOOLEY. H.R. 1008: Mr. POMEROY. LEVIN. tion of sediment in the Missouri River main H.R. 1023: Mr. MEEKS of New York. H.R. 1473: Mr. BRALEY of Iowa and Mr. stem reservoirs; to the Committee on Trans- H.R. 1032: Ms. NORTON and Mr. RUSH. BUTTERFIELD. portation and Infrastructure. H.R. 1039: Mr. WATT. H.R. 1477: Mr. PLATTS. f H.R. 1063: Mr. MELANCON. H.R. 1507: Mr. SIRES, Ms. ESHOO, Mr. KIL- H.R. 1072: Mr. MORAN of Virginia. DEE, and Mr. LEWIS of Georgia. ADDITIONAL SPONSORS TO PUBLIC H.R. 1078: Ms. NORTON and Mr. KING of New H.R. 1509: Mr. THOMPSON of California. BILLS AND RESOLUTIONS York. H.R. 1514: Mr. DENT, Mr. EHLERS, Mr. Under clause 7 of rule XII, sponsors H.R. 1084: Ms. WOOLSEY. BOREN, Mr. MARSHALL, Mr. WOLF, and Mr. were added to public bills and resolu- H.R. 1092: Mr. MICHAUD. RUSH. H.R. 1107: Ms. NORTON, Mr. FARR, and Mr. H.R. 1524: Ms. SCHWARTZ. tions as follows: ISSA. H.R. 1537: Mr. MEEK of Florida, Mr. LIPIN- H.R. 45: Mr. DAVIS of Alabama. H.R. 1108: Mr. LOEBSACK, Mr. NEAL of Mas- SKI, Ms. ESHOO, and Mr. SCHIFF. H.R. 71: Mr. SENSENBRENNER, Mr. sachusetts, Mr. AL GREEN of Texas, and Mr. H.R. 1539: Mr. HERGER. MARCHANT, Mr. CARTER, Mr. WELDON of Flor- RODRIGUEZ. H.R. 1540: Mr. MEEKS of New York, Mr. ida, Mr. MILLER of Florida, and Mr. GARRETT H.R. 1115: Mr. DANIEL E. LUNGREN of Cali- SENSENBRENNER, and Mr. VAN HOLLEN. of New Jersey. fornia. H.R. 1551: Mr. RUSH, Mr. CLAY, Ms. BERK- H.R. 174: Ms. BERKLEY, Ms. ROYBAL-AL- H.R. 1125: Mr. THORNBERRY, Mr. WAMP, Mr. LEY, and Mr. BRADY of Pennsylvania. LARD, and Mr. SCHIFF. FLAKE, Ms. EDDIE BERNICE JOHNSON of Texas, H.R. 1560: Mr. DAVIS of Illinois. H.R. 241: Mr. RYAN of Wisconsin. Mrs. CUBIN, and Mr. CARNAHAN. H.R. 1565: Mr. PETRI.

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H.R. 1567: Mr. LEWIS of Georgia, Mr. H.R. 1992: Mr. GRIJALVA and Mr. WALZ of tion No. R-355-07 desginating the Magic City MCCAUL of Texas, and Mr. STARK. Minnesota. Children’s Zone and urging the Florida Leg- H.R. 1576: Mr. RYAN of Wisconsin and Mr. H.R. 2015: Ms. SHEA-PORTER, Mr. BRADY of islature to provide for creation of the Magic BACHUS. Pennsylvania, Mr. FATTAH, Mr. KILDEE, Ms. City Children’s Zone Pilot Project; to the H.R. 1586: Mr. SMITH of Nebraska. DEGETTE, and Mr. COHEN. Committee on Education and Labor. H.R. 1600: Ms. BERKLEY, Mr. MICA, Mr. H.R. 2035: Mr. PETERSON of Pennsylvania. 19. Also, a petition of the Miami-Dade CRENSHAW, Mr. KAGEN, and Mr. PRICE of H.R. 2060: Mr. ARCURI, Mr. ELLSWORTH, County Board of County Commissioners, North Carolina. Mrs. DAVIS of California, Mr. SPRATT, Mr. Florida, relative to Resolution No. R-353-07 H.R. 1614: Ms. SCHAKOWSKY, Mr. FRANK of BUCHANAN, Mr. KIRK, Mr. COHEN, and Mr. urging the Florida Legislature to require Massachusetts, Mr. FARR, Mr. VAN HOLLEN, TERRY. Florida schools to provide information to 11- Mr. OLVER, Mr. COHEN, Mr. GEORGE MILLER H.R. 2061: Ms. CARSON. and 12-year old girls and their parents about of California, Mr. WAXMAN, Mr. KIND, Ms. H.R. 2063: Mr. KELLER, Mrs. MALONEY of Human Papillomavirus (HPV); to the Com- WOOLSEY, Mr. GUTIERREZ, Mrs. MALONEY of New York, Mr. KIRK, Mr. GRIJALVA, Mr. mittee on Energy and Commerce. New York, Mr. DAVIS of Illinois, Mr. DAVIS of Illinois, Mr. ISRAEL, Ms. MCCOLLUM 20. Also, a petition of the City Council of KUCINICH, Ms. ESHOO, Mr. MCGOVERN, Mr. of Minnesota, Mr. MCNULTY, and Mr. UPTON. Berkeley, California, relative to Resolution HONDA, and Mr. FATTAH. H.R. 2074: Mr. MCCAUL of Texas and Mr. No. 63,611 — N.S. opposing United States H.R. 1616: Mr. HIGGINS and Ms. WATERS. RANGEL. military intervention or use of force in Iran; H.R. 1645: Mr. NEAL of Massachusetts, Mr. H.R. 2075: Mr. LEWIS of Georgia, Mr. to the Committee on Foreign Affairs. FALEOMAVAEGA, and Mr. KUCINICH. MICHAUD, and Mr. WELLER. 21. Also, a petition of the City Council of H.R. 1649: Mr. MORAN of Virginia. H.R. 2091: Ms. SCHWARTZ. Berkeley, California, relative to Resolution H.R. 1653: Mr. SCOTT of Georgia. H.R. 2095: Mr. YOUNG of Alaska. No. 63,606 — N.S. commending Barbara Lee H.R. 1687: Mr. JACKSON of Illinois and Mr. H.J. Res. 6: Mr. TURNER. for introducing H.R. 351, ‘‘The Haiti Truth CHABOT. H.J. Res. 42: Mr. GRIJALVA, and Mr. JACK- Act’’; to the Committee on Foreign Affairs. 22. Also, a petition of the Miami-Dade H.R. 1698: Mr. DAVIS of Illinois. SON of Illinois. County Board of County Commissioners, H.R. 1700: Mr. HALL of New York, Mr. H. Con. Res. 25: Mr. WELCH of Vermont. Florida, relative to Resolution No. R-350-07 CLEAVER, Mr. MICHAUD, Mrs. JONES of Ohio, H. Con. Res. 48: Mr. PAYNE and Mr. POE. urging the Florida Legislature to designate Mr. COURTNEY, and Mr. ARCURI. H. Con. Res. 70: Mr. FRANK of Massachu- Biscayne Boulevard from N.E. 54th Street to H.R. 1709: Mrs. GILLIBRAND. setts, Mr. ARCURI, Mr. WAXMAN, and Mr. N.E. 95th Street as ‘‘M. Athalie Range Boule- H.R. 1730: Mr. KAGEN. GORDON. vard’’; to the Committee on Oversight and H.R. 1738: Ms. ZOE LOFGREN of California, H. Con. Res. 91: Ms. WOOLSEY. Government Reform. Mr. BOREN, Mr. RAHALL, Mr. HINOJOSA, Mr. H. Con. Res. 102: Ms. SCHAKOWSKY. 23. Also, a petition of the City Council of MORAN of Virginia, Mr. BILBRAY, and Ms. H. Con. Res. 104: Ms. BEAN, Mr. HINOJOSA, Huron, California, relative to Resolution No. ROS-LEHTINEN. Mr. ELLISON, and Mr. STARK. H.R. 1742: Mr. DOYLE and Mr. CARNAHAN. 1551 objecting to Immigration and Customs H. Con. Res. 125: Mr. FRANK of Massachu- Enforcement (I.C.E.) Raids Under Operation H.R. 1745: Mr. PASTOR. setts. H.R. 1747: Mr. FARR. Return to Sender; to the Committee on the H. Con. Res. 126: Ms. SCHAKOWSKY. H.R. 1752: Mr. TERRY. Judiciary. H. Con. Res. 133: Mr. GRIJALVA. H.R. 1755: Mr. ELLISON. 24. Also, a petition of the Miami-Dade H. Con. Res. 138: Mr. BURTON of Indiana. H.R. 1756: Mr. MCINTYRE and Ms. FOXX. County Board of County Commissioners, H. Res. 121: Mr. FARR, Mr. LEWIS of Geor- H.R. 1773: Mr. WALZ of Minnesota, Mr. Florida, relative to Resolution No. R-351-07 gia, Mr. FERGUSON, and Mr. ANDREWS. ARCURI, Mr. PATRICK MURPHY of Pennsyl- urging the Congress of the United States to H. Res. 137: Ms. BERKLEY. vania, and Ms. KAPTUR. fully fund the local mandates included in the H. Res. 194: Mr. CLYBURN, Ms. MCCOLLUM of H.R. 1778: Mr. ANDREWS, Mr. HASTINGS of Adam Walsh Child Protection and Safety Act Minnesota, Mr. SCOTT of Georgia, and Mr. Washington, Mr. FLAKE, Mr. PAYNE, Mrs. of 2006; to the Committee on the Judiciary. BOUCHER. JONES of Ohio, and Mr. HENSARLING. 25. Also, a petition of the City Council of H. Res. 223: Mr. ROSKAM. H.R. 1781: Mr. RAMSTAD, Mr. ELLISON, Mr. the City of Mendota, California, relative to H. Res. 231: Mr. MANZULLO, Ms. FALLIN, Mr. HASTINGS of Florida, Ms. MCCOLLUM of Min- Resolution No. 07-10 objecting to Immigra- GOODE, Mrs. MYRICK, Mr. MCHENRY, Mr. nesota, Mr. RANGEL, Mr. DUNCAN, and Mr. tion and Customs Enforcement (I.C.E.) Raids CHABOT, Mr. CANTOR, Mr. KLINE of Min- Yarmuth. under Operation Return to Sender; to the nesota, Mrs. MUSGRAVE, Mr. CULBERSON, Mr. H.R. 1801: Ms. SCHAKOWSKY. Committee on the Judiciary. HERGER, Mr. WELDON of Florida, Mr. CAMP- H.R. 1808: Mr. CALVERT, Mr. MCCOTTER, Mr. 26. Also, a petition of the City Council of BELL of California, and Mr. GINGREY. FEENEY, Mr. JONES of North Carolina, Mr. Berkeley, California, relative to Resolution H. Res. 241: Mr. DOYLE and Mr. SIRES. YOUNG of Florida, and Mr. MILLER of Florida. No. 63,587 — N.S. opposing the war in Iraq; H. Res. 282: Mr. LIPINSKI, Mr. KIND, Mrs. H.R. 1809: Mr. CARNAHAN, Mr. HOLT, and jointly to the Committees on Foreign Affairs MCCARTHY of New York, Mr. PLATTS, Mr. Mr. LARSEN of Washington. and Armed Services. MURTHA, Mr. HOLDEN, Ms. MCCOLLUM of Min- H.R. 1811: Mrs. CAPITO. f nesota, Ms. SCHWARTZ, Mr. SHERMAN, Mr. H.R. 1813: Mr. GRIJALVA and Mr. MOORE of HONDA, Mr. FERGUSON, Mr. ENGLISH of Penn- Kansas. AMENDMENTS sylvania, Mr. Shimkus, and Mrs. H.R. 1819: Ms. MATSUI, Mr. HINCHEY, Mr. Under clause 8 of rule XVIII, pro- NAPOLITANO. BOSWELL, Mr. HONDA, and Mr. SCHIFF. posed amendments were submitted as H. Res. 295: Mr. CONAWAY and Mr. MAN- H.R. 1820: Mr. BLUMENAUER and Mr. ZULLO. follows: MCGOVERN. H. Res. 296: Mr. KLEIN of Florida. [Omitted from the Record on May 1, 2007] H.R. 1821: Mr. MCNULTY, Mr. INSLEE, Mr. H. Res. 307: Mr. JOHNSON of Georgia and H.R. 1867 WU, Mr. SCHIFF, and Ms. LORETTA SANCHEZ of California. Ms. SCHAKOWSKY. OFFERED BY: MR. WELDON OF FLORIDA H. Res. 313: Mr. BISHOP of Georgia, Mr. H.R. 1884: Mr. WICKER. AMENDMENT NO. 9: In section 3(c)(1), strike BACA, Mr. SCOTT of Virginia, Ms. SUTTON, H.R. 1907: Mr. SMITH of New Jersey, Mr. ‘‘There’’ and insert ‘‘Except as provided in Mr. POE, and Mr. GOODLATTE. GERLACH, and Mr. PALLONE. paragraph (3), there’’. H. Res. 345: Mr. WEINER. H.R. 1927: Mrs. CAPPS, Mr. DEFAZIO, Mrs. At the end of section 3(c), insert the fol- JO ANN DAVIS of Virginia, Mr. WALZ of Min- f lowing new paragraph: nesota, Ms. WASSERMAN SCHULTZ, Mr. MCIN- (3) LIMITATION.—Notwithstanding para- TYRE, Ms. BERKLEY, Mr. LIPINSKI, Mr. DELETIONS OF SPONSORS FROM graphs (1) and (2), the total amount author- FATTAH, Mr. DOGGETT, and Ms. KAPTUR. PUBLIC BILLS AND RESOLUTIONS ized to be appropriated under this subsection H.R. 1930: Mr. DOOLITTLE. Under clause 7 of rule XII, sponsors shall not exceed the amount actually appro- priated for the Foundation for fiscal year H.R. 1943: Ms. SOLIS. were deleted from public bills and reso- H.R. 1948: Mr. PRICE of North Carolina. 2009 if— lutions as follows: H.R. 1951: Mr. SHULER. (A) the total amount appropriated for the H.R. 1960: Ms. JACKSON-LEE of Texas, Ms. H. Res. 106: Mr. BOREN. National Aeronautics and Space Administra- NORTON, Mr. JONES of North Carolina, Mr. f tion for fiscal year 2010 is less than ELLISON, and Ms. BERKLEY. $18,026,300,000; H.R. 1964: Ms. DEGETTE, Mr. HASTINGS of PETITIONS, ETC. (B) the total amount appropriated for the Florida, Mr. GEORGE MILLER of California, Under clause 3 of rule XII, petitions National Aeronautics and Space Administra- and Mr. VAN HOLLEN. tion Exploration Systems for fiscal year 2010 and papers were laid on the clerk’s H.R. 1971: Ms. HARMAN and Ms. BERKLEY. is less than $4,757,800,000; or H.R. 1974: Mr. JONES of North Carolina and desk and referred as follows: (C) the total amount appropriated for the Mr. FERGUSON. 18. The SPEAKER presented a petition of National Aeronautics and Space Administra- H.R. 1981: Mr. BOREN. the Miami-Dade County Board of County tion Space Operations for fiscal year 2010 is H.R. 1986: Mr. MARSHALL. Commissioners, Florida, relative to Resolu- less than $6,625,700,000.

VerDate Aug 31 2005 05:20 May 03, 2007 Jkt 059060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.117 H02MYPT1 hmoore on PRODPC68 with HMHOUSE H4418 CONGRESSIONAL RECORD — HOUSE May 2, 2007 [Submitted May 2, 2007] 1965 (30 U.S.C. 1061(2)) and minority institu- that are part B institutions as defined in sec- H.R. 1867 tions (as defined in section 365(3) of that Act tion 322(2) of the Higher Education Act of (20 U.S.C. 1067k(3))) and Hispanic-serving in- OFFERED BY: MS. JACKSON-LEE OF TEXAS 1965 (20 U.S.C. 1061(2)) and minority institu- stitution as that term is used in section 502 tions (as defined in section 365(3) of that Act AMENDMENT NO. 13: On page 10, line 15 after of the Higher Education Act of 1965 (20 U.S.C. (20 U.S.C. 1067k(3))) and Hispanic-serving in- ‘‘Act.’’ Add the following: 1101a). Special consideration shall be given to His- On page 11, line 24 after ‘‘Act.’’ Add the fol- stitutions as that term is used in section 502 torically Black Colleges and Universities lowing: of the Higher Education Act of 1965 (20 U.S.C. that are part B institutions as defined in sec- Special consideration shall be given to His- 1101a). tion 322(2) of the Higher Education Act of torically Black Colleges and Universities

VerDate Aug 31 2005 05:20 May 03, 2007 Jkt 059060 PO 00000 Frm 00122 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MY7.124 H02MYPT1 hmoore on PRODPC68 with HMHOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, FIRST SESSION

Vol. 153 WASHINGTON, WEDNESDAY, MAY 2, 2007 No. 71 Senate The Senate met at 9:30 a.m. and was appoint the Honorable BENJAMIN L. CARDIN, Immigration is still on line to come called to order by the Honorable BEN- a Senator from the State of Maryland, to up in the last 2 weeks of this work pe- JAMIN L. CARDIN, a Senator from the perform the duties of the Chair. riod. Next Wednesday, a week from State of Maryland. ROBERT C. BYRD, today, I will rule XIV legislation that President pro tempore. will put us in line to move to this dur- PRAYER Mr. CARDIN thereupon assumed the ing the last 2 weeks of this work pe- chair as Acting President pro tempore. The Chaplain, Dr. Barry C. Black, of- riod. It is legislation that is badly fered the following prayer: f needed. We have had numerous meet- Let us pray. RECOGNITION OF THE MAJORITY ings of Democratic and Republican Our Father in heaven, light of the LEADER Senators that have been going on for world, give the Members of this body about 3 months. Progress has not been The ACTING PRESIDENT pro tem- as we anticipated on either side, but we Your light. Shine Your light to help pore. The majority leader is recog- them see the truth. Shine Your light so are going to move to this. Something nized. has to be done. If we don’t complete they can see the path You desire them f this legislation over here, then it cer- to travel. Shine Your light so they can tainly won’t be done this year. Next see themselves as they truly are and SCHEDULE year, a Presidential election year will not take for granted the freedoms they Mr. REID. Mr. President, the Senate will now begin a 60-minute period of make it very difficult. The three areas, enjoy. Shine Your light so they may of course, that are of concern are bor- morning business, the majority con- live expectantly, open for what You der security, and it is necessary that trolling the first half, Republicans con- will do or give. Shine Your light so we visit that to see what can be done; trolling the final portion. Following they may see You in all Your majesty with temporary workers, a pathway to the usage of all morning business, we and love. Lord, fill this Chamber with legalization for the 12 million people the light of Your presence, enabling will resume consideration of S. 1082, who are here with bad paper; then we each Senator to discern and do Your the FDA authorization legislation. have to finally make sure we do some- Yesterday, Senator DORGAN offered will. thing to make sure the employer sanc- an amendment relating to drug re- We pray in Your radiant Name. tions aspect of the law is meaningful. Amen. importation. A cloture motion was At the present time, it is not. We have filed on that last night. The cloture a lot to do there. I have had conversa- f vote will occur tomorrow morning. tions with Senator KENNEDY, Senator Amendments in the second degree to PLEDGE OF ALLEGIANCE LEAHY, and a number of other inter- the Dorgan amendment would have to The Honorable BENJAMIN L. CARDIN ested Senators over the last several led the Pledge of Allegiance, as follows: be filed 1 hour prior to the cloture weeks, including Senator KYL and oth- vote. I hope other Members who have I pledge allegiance to the Flag of the ers on the Republican side. United States of America, and to the Repub- amendments will file them as quickly Mr. President, the President did veto lic for which it stands, one nation under God, as possible, to work with the managers. the spending bill we sent him last indivisible, with liberty and justice for all. We have Senators KENNEDY and ENZI night. It is unfortunate, but he did veto who are handling the legislation. They f it. There will be a veto-override vote in have a good relationship. They have the House tonight, it is my under- APPOINTMENT OF ACTING done a lot already on this complicated standing. PRESIDENT PRO TEMPORE legislation. The first piece of legislation dealing Yesterday, I indicated to the staff on The PRESIDING OFFICER. The with another bill to send to the Presi- both sides of the aisle that it may be clerk will please read a communication dent will come to us from the House. I necessary to have votes as early as to the Senate from the President pro have had a number of consultations noon on Monday. I hope we can finish tempore (Mr. BYRD). with Speaker PELOSI. At this stage, we the FDA bill tomorrow. If we can, then The legislative clerk read the fol- are going to wait and see what happens likely there would be no votes and we lowing letter: at the White House today. The ball is would move to other legislation, which in the President’s court. He has to U.S. SENATE, would be WRDA, which has passed the PRESIDENT PRO TEMPORE, come forward with something that is Washington, DC, May 2, 2007. House overwhelmingly. It came out of satisfactory to Democrats and a sig- To the Senate: committee under the guidance of Sen- nificant number of Republicans. Under the provisions of rule I, paragraph 3, ators BOXER and INHOFE, and we should There has to be some change of direc- of the Standing Rules of the Senate, I hereby be able to finish that bill next week. tion in the war. We find ourselves in

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

S5439

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In the 51 12 days after it was reported that 104 pressing this communitarian violence, this months of the war, it is one of the American servicemembers died in civil war, will work. highest casualty rates. So it is some- April, making it the deadliest month GEN John Abizaid, former com- thing for which we have to carry the since the surge began, the President mander of U.S. Central Command, said: wishes of the American people into leg- decided to veto that bill. With that, he I do not believe that more American troops islation and change this war and bring decided to delay the funding for our right now is a solution to this problem. our troops home. troops. The Iraq Study Group, made up of Included in that bill were billions of f Republicans and Democrats, called for dollars to help solve the problems fac- the redeployment of our forces. But the RESERVATION OF LEADER TIME ing our men and women in uniform President ignored all of them. He de- The ACTING PRESIDENT pro tem- when they return home. The President cided instead to escalate the number of pore. Under the previous order, the didn’t ask for those critical dollars. In troops in Iraq. leadership time is reserved. fact, he has never included our wound- This escalation is in its third month, ed warriors as a cost of the war. Their and so far the results are not prom- f families and now both Houses of the ising. The Iraqi Government reported MORNING BUSINESS Congress understand the obligation to that violence from February to March increased. Officials said the number of The ACTING PRESIDENT pro tem- our heroes and have included them as a car bombings in Baghdad is rising. Ac- pore. Under the previous order, there cost of war in this bill. The bill we sent to the President pro- cording to the U.N., sectarian violence will now be a period for the transaction vided money to improve Walter Reed in the capital has not declined one bit. of morning business for up to 60 min- and other VA facilities that we know Officials have also reported that sec- utes, with Senators permitted to speak are in disrepair and money to help in- tarian violence outside the capital has for up to 10 minutes each, with the crease access to medical and mental increased. As I mentioned, 104 Amer- first half of the time under the control health services for our returning sol- ican troops died in April—the deadliest of the majority, the second half of the diers. More than $143 million was in- month since this surge began. time under the control of the Repub- cluded to improve the VA’s polytrauma The redeployment provision this licans. center, which, among other things, Democratic-led Congress included in The Senator from Washington is rec- would have helped the VA better diag- the bill provided the President with an ognized. nose and treat the increasing number opportunity to force Iraqis to finally f of traumatic brain injuries which have take responsibility for their own coun- EMERGENCY SUPPLEMENTAL emerged as a signature wound of this try. We are in the fifth year of this APPROPRIATIONS war. war, and Iraqis have yet to stand up for The legislation also provided $100 themselves. They are not policing their Mrs. MURRAY. Mr. President, we are million for the VA to target areas own streets. They are not running their now in the fifth year of the war in Iraq. where mental health care is lacking. own army. Their Government is a Once again this year, the President According to the VA’s own statistics, mess. Something has to be done to failed to include an honest cost of the more than 35 percent of returning Iraqi show them they have to get their act war in the budget he sends to Congress and Afghani veterans who have sought together, they have to take ownership every year. Why is that so important care have done so for mental health of their own future. at this time? If the President had ini- problems. We provide the funds in the That is what the redeployment provi- tially sent to Congress a realistic budg- bill we sent to the President. Unfortu- sion did in our bill. It said to Iraqis: et instead of one that is intended to nately, he said no. After 5 years—5 years—and thousands make his fiscal policies look less irre- Additionally, we put in $61 million of U.S. lives, you have to take respon- sponsible, our men and women in the for hiring and training of new com- sibility for your future. It said: You service wouldn’t be faced with debate pensation and pension claims adjudica- must stand up. after debate after debate on emergency tors. That is important money because Well, unfortunately, for America’s spending bills to pay for the cost of the we are hearing from far too many of security, 4 years after President Bush war. Unfortunately, again, he did not our returning soldiers that it is taking declared ‘‘mission accomplished,’’ and send us a budget that was honest and them months to get the benefits they after we have lost 3,351 troops, the paid for the war. So what we have now have earned. These new claims proc- President, last night, vetoed the bill. is an emergency spending bill for Iraq essors will help address that growing By doing so, he ignored calls from mili- and other emergencies. backlog of claims. Unfortunately, last tary experts and the American people Unfortunately, last night—and sadly, night the President said no. for redeployment and the need to make in my opinion—the President decided What we have today for our veterans, clear to the Iraqis they have to take to say no to our men and women in 4 years after President Bush declared responsibility for their own future. Iraq, to our veterans, to victims of ‘‘mission accomplished,’’ he decided to The President asked our Nation for Katrina, and to many other people who veto this bill. He decided to delay funds patience after the first and second needed this measure passed and signed that would have addressed the prob- years of this war. Then he asked the by him. lems facing our veterans. American people for more time after Democrats understand that our Not only did Democrats send the the third year, and more time after the troops and their families should not President funding earlier than ever, we fourth year. pay for the President’s budget games. listened to the military leaders, we lis- This year, the fifth year of the war, That is why we passed funding for the tened to the Iraq Study Group, and we he is now again asking us for patience, emergency supplemental at record listened to the American people and in- for the American people to just stand speed—faster, in fact, than the Repub- cluded a provision to redeploy our by as more of our young men and licans did in the last 2 years. Back in forces from the Iraqi civil war. Ameri- women die and as the Iraqis continue 2005, the Republican Congress didn’t cans overwhelmingly oppose the Presi- to shirk their responsibility for their send the President emergency funding dent’s escalation plan. General Abizaid, own country. until May 10. In 2006, the Republican General Casey, and other top former of- It is clear our troops are now policing Congress did not send an emergency ficials have made clear that a surge an open-ended civil war. Now, more funding bill until June 15. Not only did will not be a solution to a civil war in than ever, we need a new direction in we send the White House a bill earlier Iraq. Reportedly, the Joint Chiefs of Iraq. Unfortunately, yesterday, and, than ever, we sent legislation that con- Staff were not in favor of escalation, sadly, the President vetoed a bill which

VerDate Aug 31 2005 23:44 May 02, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.001 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5441 did provide a way forward. In doing so, Like many Americans, I was shocked vides the patient with information on he withheld millions of dollars for our at the recent revelations concerning any risks they might face. Everyone— troops and for our veterans and ignored drugs that posed risks to public safety drug companies, researchers, patients, the advice of military leaders and the but remained on the market for far too and doctors alike—deserves a system Iraq Study Group and, importantly, long. This legislation moves to address that supports an efficient and timely the will of the American people. those concerns by instituting strong, FDA approval process. Today the President stands alone new protections, including postmarket So I am very eager to move this leg- against the vast majority of Americans studies that will be made available to islation forward and get it to a vote so desperately seeking a new direction in the public. I believe this new trans- we can begin to deliver what the Amer- Iraq. It is now up to him to come to the parency and vigorous oversight is the ican people deserve. I hope this Senate negotiating table and provide the right path toward restoring public con- moves quickly on this bill and we are American people with a real strategy fidence in the FDA. able to move it along in the process for success. The bill takes critical steps also to very shortly in the Senate. Mr. President, we also have before us improve medical care for our children. Mr. President, I yield the floor. today a bill on the FDA. The Best Pharmaceuticals for Children The ACTING PRESIDENT pro tem- Can I ask how much time I have re- Act that is included in this bill uses in- pore. The Senator from Ohio is recog- maining? centives and regulations to put Amer- nized. The ACTING PRESIDENT pro tem- ica’s children first. It builds upon the f pore. The Senator has only about a half legislation we enacted back in 1997 that TRANSEA ACT a minute remaining. ensures pediatric medicine is a priority Mr. BROWN. Mr. President, our trade Mrs. MURRAY. Mr. President, I see and that information on pediatric policy is fundamentally flawed. Years another colleague on the Senate floor, drugs is readily available. It extends of wrongheaded trade pacts have sent and I ask him how much time he is and improves a program that has un- millions of jobs overseas, devastated going to need. dertaken nearly 800 studies and has our communities, and opened our Na- Mr. BROWN. Five or ten minutes. Go helped to provide pediatric labeling in- tion too often to serious homeland se- ahead. formation for 119 drugs. curity concerns. Mrs. MURRAY. Mr. President, I ask The Pediatric Research Improvement When we open our borders to trade, unanimous consent for an additional 5 Act included in this bill is another crit- as we should, we open them to national minutes to speak to the FDA bill that ical component of improving pediatric security threats. Congress must assure is in front of us today. care. It provides needed safety meas- the American people we have done ev- The ACTING PRESIDENT pro tem- ures through mandatory clinical trials. erything within our power to protect pore. Without objection, the Senator is It will help to continue pediatric over- their safety and their health and their recognized. sight programs that have required welfare and to promote fair trade. f trials for more than 1,000 pediatric It is estimated that less than 10 per- drugs since 1998. All too often, doctors FDA REAUTHORIZATION cent of foreign cargo is inspected be- are not given guidance on the proper fore entering our country. We must Mrs. MURRAY. Mr. President, all of dose of prescription drugs for children. both ensure that our ports are operated us in the Senate share the same goal of This bill is going to eliminate that securely and with clear lines of ac- making sure the Food and Drug Ad- guesswork so our children get the right countability, unlike the deal to trans- ministration stays as the gold standard doses for safer, more effective treat- fer operation of six U.S. ports to a for drug safety and effectiveness, and ment. state-owned company controlled by the the legislation that is before the Sen- The bill also provides help to our Na- United Arab Emirates that this admin- ate today moves us toward that goal. tion’s children through the Pediatric istration approved just last year. Throughout our country, researchers, Medical Devices Safety and Improve- The decision to allow a UAE-con- scientists, and doctors are making 21st ment Act. Every year, we see these trolled company to run our ports had century medical advances, and the leg- wondrous technological improvements significant national security implica- islation we are looking at will ensure in medical devices. However, some- tions. The UAE was, and still may be, we have a 21st century FDA. It pro- times those improvements do not ac- a financial and travel outlet for known vides the resources, the authority, and count for the needs of the children and terrorists. It was not until leaders in the oversight to ensure that safe drugs the pediatricians who treat them. What both parties in the Senate and in the move from the lab to our medicine that means is essential, often life- House of Representatives called atten- cabinets without delay. saving devices do not meet the size or tion to this enormous blunder that this Like other Members of the Senate, I the scope or the needs of sick children. deal was stopped. worked on the FDA reforms back in This bill will push manufacturers to It is imperative Congress take steps the 1990s. Those reforms responded to develop and produce devices that are to ensure our homeland security needs the challenges we faced then. The bill safe and effective for children and in- are secured every bit as much as our before us now responds to the chal- fants. Through incentives and investor economic well-being. lenges we face today. outreach, this bill will ensure that ex- Today, I am introducing, with Sen- In recent years, we have seen a lot of citing advances in lifesaving devices ator BYRON DORGAN of North Dakota, problems at the FDA with drug ap- are not just limited to adults. the Trade-Related American National proval and postmarket surveillance. This legislation also delivers greater Security Enhancement and Account- The bill we have addresses those chal- safety while providing better access. I ability, TRANSEA, Act. lenges and ensures the FDA has the re- believe it will improve the way we de- This act requires the Office of the sources and the tools to promptly and liver safe innovative health care in United States Trade Representative, in thoroughly review new drugs and med- America, and it is really my hope it collaboration with the Departments of ical devices. will also begin to restore confidence in State, Homeland Security, and Justice, The bill reauthorizes and improves the institutions that safeguard our to submit a report to Congress detail- two pieces of legislation that will be public health. ing the national security consider- critical in providing a timely review The American public deserves noth- ations of proposed trade agreements process. It creates a new system to ac- ing less than the gold standard of care prior to commencing and after con- tively monitor drugs after they have from our FDA. When a nervous parent cluding those trade negotiations. been approved by the FDA. It strength- or worried senior visits their corner The bill also requires future trade ens science at the FDA and, impor- pharmacy, they deserve to know the agreements negotiated by the adminis- tantly, improves transparency. It im- product they buy on that shelf has been tration to include a national security proves oversight and information about approved by a thorough and complete waiver that allows the President to clinical trials, and it works to prevent process. When a patient begins to take suspend any terms of the agreement potential conflicts of interest among a new drug, they deserve a system that should it be required in the interests of advisory committee members. has actively tracked that drug and pro- U.S. national security.

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To do so itself in greater numbers and fight The Commissioners will be charged will not keep us in the Senate from de- with greater losses at a greater day in with annually certifying that the bating the war, but it will clearly sepa- the future. terms of the free-trade agreement do rate the money to support our troops General Lynch continued: not pose a threat to our Nation’s na- from whatever the course that debate No matter how frustrating the fight can be tional security interests. Should the may take. and no matter how much we wish the war Commission find that compliance with We have a long history in this coun- was over, the security of our country de- the agreement would pose a threat, the try of many great Americans taking pends directly on the outcome in Iraq. The President will be obligated to exercise exactly the same position. One of those price of giving up there would be paid in American lives for years to come. It would his or her waiver to the extent nec- great Americans, Walter George, a Member of the Senate, from Georgia, a be an unforgivable mistake for leaders in essary to ensure the safety and the se- Washington to allow policies and impatience curity of the United States of America. Democrat, in 1955—when Dwight Eisen- to stand in the way of protecting the people In a post-9/11 world, U.S. economic hower was President of the United of the United States of America. States of America and Adlai Stevenson policy can simply no longer be viewed I could not say it better myself. in the narrow scopes of bottom lines had been his first opponent, and would Lastly, for quotes from contem- and profit margins. Homeland Security be his second opponent in the 1956 Pres- poraries, Gary Kurpius, commander of Secretary Michael Chertoff said, in idential election—the big issue of the the Veterans of Foreign Wars, said the day was the issue of Quemoy and 2006: following: We have to balance the paramount urgency Matsu and Red China’s attempt to ex- pand its influence on those islands and The time to debate the war is not in front of security against the fact that we still of a microphone making irresponsible state- want to have a robust global trading system. the policy of the United States of ments, and it’s certainly not in the funding We can do both. It is the responsi- America and our President, Dwight Ei- bill that keeps our troops alive. If our troops bility of our Government to ensure senhower. In Time magazine, April’s need funds, it is the responsibility of Con- that while opening markets for our ex- issue, 1955, Walter George, Senator, gress to provide them the money. Debate the porters, as we should, our first priority Democrat from Georgia, a man in war elsewhere. remains the safety and the security of whose legacy and in whose shadow I My last quote is from an e-mail I got the American people. now serve, said the following: from Captain Schratt, on the ground Mr. President, I suggest the absence If it would advance the cause of peace, I with the U.S. Army in Baghdad right of a quorum. would be happy for the President to declare now, a couple of weeks ago when this his policy. But how would it advance the The ACTING PRESIDENT pro tem- debate was going on. He e-mailed me cause of peace to inform the enemy of what and said: I see they are debating pore. The clerk will call the roll. we intend to do? The legislative clerk proceeded to I know one thing— whether or not they can not support call the roll. George said, and I continue to the war and still support me. He said: Mr. ISAKSON. Mr. President, I ask quote— Please tell them I am the war. That is the truth. Our troops are the unanimous consent that the order for if we do fulfill our high mission and our high the quorum call be rescinded. destiny, it will be because we have resolved war. They are deployed and they are The ACTING PRESIDENT pro tem- to do our dead level best to advance peace, to fighting and their funding should not pore. Without objection, it is so or- advance security, to shore up a shaky world. be restrained or constrained or in any dered. Only by doing that can we vindicate the sac- way hinged on political gymnastics. The Senator from Georgia is recog- rifice of those who died on land and at sea, Those gymnastics belong in the speech- nized. and fulfill the hopes of men and women in es on this floor and the dialogue we every free land. f have with our administration. It has been 52 years since that state- Now, it is my understanding there IRAQ ment was made, but it could never ring are some who are talking about a sec- Mr. ISAKSON. Mr. President, I rise more true than it rings today. Walter ond supplemental to come, to be an in- today to address the war supplemental George was absolutely right, and Wal- cremental supplemental, maybe 60 days which was vetoed last night at 10 min- ter George, a Democrat, came to the at a time. I would implore the Senate utes after 6 by the President. It is my defense of Dwight Eisenhower, a Re- to consider not doing that because that understanding that today leaders from publican who was President, when brings uncertainty to our troops in the both sides of the Senate will go to the Dwight Eisenhower was being forced to field and only partial funding on a White House, this afternoon, to begin play our hand in a critical issue of the daily or on a 60-day basis, which is talking about where we go next. day. We should never force our chief wrong. There are others who are talk- I rise today to talk a little bit about executive officer, nor should we force ing about maybe benchmarks—not what has got us to where we are, why our generals, nor our troops in the timetables for withdrawal but bench- we are where we are, and what, in my field, by declaring our hand before the marks for the achievement of the Iraqi judgment, as one Member of the Sen- cards are dealt. people. That may or may not be wise, There are a few other quotes I wish ate, we need to be focused on. depending on what those are, and I will to share with my colleagues as I lead I am glad the President vetoed the reserve judgment, but I will tell my up to the point I want to make this war supplemental with timelines for colleagues one thing. A lot of us morning, and these are contemporary withdrawal. It is absolutely wrong to around here have selective memories quotes and these are quotes about Iraq. tie the money to support our troops to and have forgotten the fact that we These are quotes about the supple- arbitrary timetables that have nothing have had some benchmarks. mental. These are quotes about our to do with success or failure but only In fact, when we went into Iraq, the brave men and women in harm’s way. to do with the declaration of a cause President of the United States, George The first is by General Lynch, the com- being lost. We should never declare, as W. Bush, declared three succinct manding officer of the third ID. When Members of the Senate, our cause to benchmarks. He said: When we deploy asked about whether funding should be have been lost. And we should never our troops, we will do the following: A, tied to an arbitrary timetable for with- we will search and find the weapons of hold hostage the money for our troops drawal, he said: based on arbitrary deadlines or thresh- mass destruction that the U.N. and the Ultimately, a precipitous withdrawal olds. would increase the probability that Amer- entire world believed were there, and in It is, however, important for us to de- ican troops would one day have to return to fact we found the remnants and the bate the war on the floor of the Senate. Iraq and confront an enemy that is even evidence, although never the smoking I hope when the next supplemental more dangerous than today. gun. Then, second, he said: We are

VerDate Aug 31 2005 23:44 May 02, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.038 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5443 going to give the Iraqi people a chance we should and we must—let’s have it say, common sense itself. It makes no to hold free elections and determine a on the floor, unattached to funding, sense to tell the enemy when you plan new Constitution and self-determine not restricting our troops but deciding to start withdrawing. Setting a dead- their future. The Iraqis have held three what our course will be and the abso- line for withdrawal is setting a date for elections. They have a parliament. lute objective to be, rather than a con- failure, and it would be irresponsible. They have established a self-deter- ditional debate that only sends a mes- As the President made very clear last mined democracy in their way of doing sage to our enemy that our resolve night, setting this deadline for with- so, and it is functioning. Then the may be lost and we may be turning the drawal would also demoralize the Iraqi President said: Our third goal will be other way. As Walter F. George said in people and encourage the killers across to train the Iraqi Army so that it can 1955, an American Democratic Senator the broader Middle East, such as al- protect and defend that fledgling Gov- from Georgia, in support of a Repub- Qaida, and send a signal that America ernment and we will come home. lican President, we should honor the will not keep its commitments. Those are three benchmarks. Two of lives that have been lost and stay true Second, the bill would impose impos- the benchmarks have been achieved. to our commitment, and it will never sible conditions on our commanders in The third benchmark is what the surge be in our interests to declare to our en- combat. After forcing most of our is intended to accomplish. emies what our intentions might be. troops to withdraw, the bill would dic- Today in downtown Baghdad and in Mr. President, I yield the floor, and I tate the terms on which the remaining Anbar Province, American troops are suggest the absence of a quorum. commanders and troops could engage sleeping and eating and deployed in the The ACTING PRESIDENT pro tem- the enemy. American commanders in neighborhoods—not in bases—side by pore. The clerk will call the roll. the middle of a combat zone would side with Iraqi troops. The securing of The legislative clerk proceeded to have to take fighting directions from neighborhoods is taking place, the call the roll. politicians thousands of miles away in holding of neighborhoods is taking Mr. CORNYN. Mr. President, I ask Washington, DC. place, and the rebuilding of those unanimous consent that the order for Third, as I mentioned, the bill is neighborhoods is soon to follow. In the the quorum call be rescinded. loaded with billions of dollars of non- months ahead, if we remain committed The ACTING PRESIDENT pro tem- emergency porkbarrel spending that to the cause, if we fund our troops, we pore. Without objection, it is so or- has nothing to do with fighting the war have the opportunity to reduce the vio- dered. on terror and which demeans the im- Mr. CORNYN. Mr. President, 3 lence, to allow the reconciliation that portance of this particular legislation, months ago, the President of the is so necessary. designed as it is to support our troops So as people debate whether we United States asked Congress to pass who are literally in harm’s way. ought to put benchmarks in supple- an emergency war spending bill that mental appropriations for our men and would provide our brave men and Democratic leaders know that many women in harm’s way, I hope they will women in uniform with the funds and of us in Congress disagree with their recognize we have benchmarks, three the flexibility they need to succeed in approach and their desire to use this that we established when almost every what has been called the central front bill as an opportunity to make a polit- Member of the Congress voted to go on the war against al-Qaida in Iraq. In- ical statement about their opposition into Iraq, two of which have been com- stead, this body helped pass a bill that to the war. Yet we know there are not pletely met and satisfied and a third is substitutes the opinions of politicians enough votes to override a veto. It is partially there and will ultimately be for the judgment of our military com- time to put politics behind us and sup- achieved if we don’t pull the plug and manders. The bill Congress passed was, port our troops with the funds they we continue to fund our troops. in my view, unacceptable, and late. need. Some have confused the need to War is never fun and it is always con- Eighty-five days after the President debate, which I agree with, with cause troversial. There is not a one of us in had requested the funds on an emer- for delay, which I disagree with. There should be no cause for delay in getting this room who does not wish war was gency basis, Speaker PELOSI finally ever necessary. But we know as we forwarded the bill to the President yes- these emergency funds to our troops, look back upon history, as Walter terday. It was no surprise that the and the debate will indeed continue. George, the Senator from Georgia, President vetoed the bill within hours In February, we began sending the said: We have to honor the lives of because he had said he would, and so first of the reinforcements that Gen- those who were lost on land and sea to the outcome was predictable. eral Petraeus, the new commander in preserve freedom and liberty and de- The President, in his address to the Iraq, requested. Not all of these rein- mocracy for the people of the United Nation last night, made it very clear forcements have arrived; roughly half States of America. We are at such a that it remains his desire to work with of them have. As General Petraeus said day today with our battle in Iraq and Congress to resolve this matter as just last week, it will be at least the in the overall war on terror. Iraq is but quickly and expeditiously as possible. end of the summer before we can assess a battle in that war. We don’t need to Today, he is holding a bipartisan meet- the impact of this new operation, the send signals that we will quit; we don’t ing with congressional leaders at the Baghdad security plan, or surge. We need to declare that we have lost. We White House for that purpose. ought to give General Petraeus’s plan a need to declare the resolve to see the We have known for weeks that this chance to work. mission through. There are 140,000 legislation was flawed and that we In the months since our military has brave men and women deployed in Iraq would find ourselves in this place—a been implementing this plan, we have right now committed to the cause. bill that included a surrender date, actually begun to see some important When they come home and I talk to when we tell our enemies we would results. General Petraeus noted that them, to the man and to the woman, simply give up, and one larded with one of the most important indicators of they all say: We are there for the right porkbarrel spending in order to secure progress is the level of sectarian vio- reason. We are making progress. Con- the votes of recalcitrant Members who lence in Baghdad. He reported that, tinue to support me, and we will do the were unwilling to vote for this flawed since January, the number of sectarian job. bill on its merits. murders has dropped substantially. So as the leaders go to the White The President outlined these short- Spectacular suicide attacks that have House today to discuss with the Presi- comings last night. caused great suffering in Iraq continue dent where we go next, as we look to First, he said the bill would mandate because these attacks are largely the what we do in this supplemental, let’s an artificial deadline for troops to work of al-Qaida, the Sunni extrem- resolve to fund our troops. Let’s re- begin withdrawing from Iraq. The with- ists—the enemy that everyone agrees solve to do it without condition on our drawal could start as early as July 1 we should be fighting, or at least some troops. Let’s resolve to do it without and would have to start no later than say we should be fighting. At the same declaring defeat but instead in the in- October 1 regardless of the situation on time, they would impose arbitrary terest of and with a commitment to the ground. The language in the bill de- deadlines, imposing a surrender date on victory. Then, if we have debate—and fies sound military logic and, I would our troops.

VerDate Aug 31 2005 23:44 May 02, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.006 S02MYPT1 ccoleman on PRODPC74 with SENATE S5444 CONGRESSIONAL RECORD — SENATE May 2, 2007 The objective of these al-Qaida at- Mr. COCHRAN. Mr. President, I ask in accomplishing these goals. With re- tacks is to reignite the sectarian vio- unanimous consent that the order for cent scientific advances, a number of lence in Baghdad and breaking support the quorum call be rescinded. medical therapies have been made for the war here at home. That was the The PRESIDING OFFICER (Mr. available to treat and, in some cases, goal of al-Zarqawi, whom we were for- WEBB). Without objection, it is so or- to cure diseases. We want Americans to tunate to be able to take out of the dered. continue to have access to safe and ef- fight, and that is the fight now of the Mr. KENNEDY. Mr. President, we fective drugs that are approved by the remaining al-Qaida extremists in Iraq. yield back all morning business time. Food and Drug Administration. General Petraeus explained it this way: f But we must not create opportunities Iraq is, in fact, the central front of al- for potentially dangerous drug prod- Qaida’s global campaign. CONCLUSION OF MORNING ucts from foreign countries to reach BUSINESS It just boggles my mind, Mr. Presi- the American consumer. For example, dent, for some of us to stand here on The PRESIDING OFFICER. Morning counterfeit products, those that have the floor and say we ought to withdraw business is closed. been tampered with or those of un- known origin, should not be brought our troops from Iraq when, in fact, al- f Qaida—the enemy that hit innocent into this country. I am concerned that Americans and killed 3,000 of them on PRESCRIPTION DRUG USER FEE allowing the importation of prescrip- September 11, 2001—considers Iraq to AMENDMENTS OF 2007 tion drugs would allow such risks to be the central front in their campaign The PRESIDING OFFICER. Under become more likely. against the West. Al-Qaida’s role the previous order, the Senate will re- The amendment proposed by the Sen- makes the conflict in Iraq far more sume consideration of S. 1082, which ator from North Dakota will put in complex than a simple fight between the clerk will report. jeopardy the process we now have to Iraqis. Many also belong to the same The assistant legislative clerk read ensure the safety of prescription medi- terrorist network, as I said, that at- as follows: cations and protect the health of the American people. tacked us on September 11, 2001. Were A bill (S. 1082) to amend the Federal Food, I am offering this second-degree we to leave prematurely, were we to Drug, and Cosmetic Act to reauthorize and amendment to require the Secretary of leave a power vacuum in Iraq, al-Qaida amend the prescription drug user fee provi- Health and Human Services to certify would no doubt, as they did in Afghani- sions, and for other purposes. that the importation of drug products stan earlier, use that power vacuum as Pending: will not pose additional risks to Ameri- an opportunity to regroup, to plan, to Landrieu amendment No. 1004, to require cans and will, indeed, lower costs to train, to recruit, and then to export ad- the Food and Drug Administration to permit consumers. ditional terrorist attacks against the the sale of baby turtles as pets so long as the If, as some argue, a policy of impor- United States here on this continent. seller uses proven methods to effectively tation is safe and will reduce costs, We need to give our troops all of the treat salmonella. Dorgan amendment No. 990, to provide for this amendment should not be a prob- equipment and training and protection the importation of prescription drugs. lem. they need to prevail. Without a war AMENDMENT NO. 1010 TO AMENDMENT NO. 990 We have debated this issue before on funding bill, the military has to take several previous occasions. For exam- money from some other account—nota- (Purpose: To protect the health and safety of the public) ple, during the consideration of annual bly, the Air Force or Navy—just in Mr. COCHRAN. Mr. President, I send appropriations bills for the Department order to make sure the Army has the of Agriculture, the Food and Drug Ad- resources they need, so the troops can an amendment to the desk and ask that it be stated. ministration, and related agencies, have the equipment they need, so they when considering the Greater Access to can rotate back on a timely basis and The PRESIDING OFFICER. The clerk will report. Pharmaceuticals Act, and even during come home to the loving arms of their the debate and passage of the Medicare families, to repair existing equipment. The assistant legislative clerk read as follows: Modernization Act of 2003, a similar And worst of all, in one sense, failing amendment to require the safety of im- to send this money on a timely basis to The Senator from Mississippi [Mr. COCH- RAN], for himself, Mr. CARPER, Mr. NELSON of ported drugs was considered and unani- the military hurts the military fami- mously approved each time. lies who are waiting behind, anxious, Nebraska, Mr. HATCH, Mr. BENNETT, Mr. ENZI, Mr. BURR, and Mr. MENENDEZ, proposes In all these instances, the Senate has as we all understand, for the welfare an amendment numbered 1010 to amendment adopted this amendment by a unani- and safety of their loved ones. Our 990. mous vote. The safety of the American troops and their families deserve bet- At the end of the amendment, add the fol- consumer must be our No. 1 priority. ter. lowing: These safeguards should also be applied So I hope that after the last 86 days, SEC. ll. PROTECTION OF HEALTH AND SAFETY. to this proposal. which have been characterized by polit- This title, and the amendments made by We should be certain that any change ical theater and gamesmanship, where this title, shall become effective only if the we make in the law does not result in Secretary of Health and Human Services cer- some have been more focused on the less protection in terms of the safety of 2008 election and trying to find ways to tifies to Congress that the implementation of this title (and amendments) will— the drugs supplied to the American gain political advantage, I hope Repub- (1) pose no additional risk to the public’s people and will, indeed, make prescrip- licans and Democrats, the legislative health and safety; and tion drugs more affordable. Liberaliza- branch and executive branch, can come (2) result in a significant reduction in the tion of protections that are designed to together and do what we should have cost of covered products to the American keep unsafe drugs out of this country, done months ago—get the funds to the consumer. especially considering the terrorist troops as soon as possible, without the The PRESIDING OFFICER. The Sen- threats we face now, should occur only surrender deadline, without tying the ator from Mississippi. if the necessary safeguards are in hands of our military commanders and Mr. COCHRAN. Mr. President, I am place. This amendment will ensure making their opportunity for success offering this amendment for myself, as that the concerns of the last two ad- impossible, and without the porkbarrel well as for these cosponsors: Mr. CAR- ministrations regarding safety and spending that demeans the noble sac- PER, Mr. NELSON of Nebraska, Mr. cost-effectiveness are addressed prior rifice of these brave men and women. HATCH, Mr. BENNETT, Mr. ENZI, Mr. to the implementation of this proposal. Mr. President, I yield the floor and BURR, and Mr. MENENDEZ. This is an Counterfeiting of drugs has become a yield back our remaining time. amendment to the amendment pro- more common practice throughout the I suggest the absence of a quorum. posed by Mr. DORGAN. world, and the transshipment of these The ACTING PRESIDENT pro tem- Improving the health and quality of counterfeit products through Canada is pore. The clerk will call the roll. life for Americans is very important to one of the most serious dangers we The assistant legislative clerk pro- all of us, and access to safe and effec- face. The Canadian Government itself ceeded to call the roll. tive prescription drugs is a major step has said that drug products shipped to

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Mr. President, these to contribute to improving drug safety. Ad- conditions contained in this amend- Policy strongly opposing any provision ditionally, the Administration is concerned that allows the importation of drug about the provision in S. 1082 that would use ment are the same as those the Senate products outside the current safety increased user fees to fund certain additional has previously adopted on other occa- system of the Food and Drug Adminis- drug safety activities that were not agreed sions on other bills. I urge the Senate to during the statutorily required Agency-in- to again support this language and ap- tration. The statement declares that dustry negotiations. This provision reopens the President’s senior advisers would prove this amendment. and is inconsistent with the Administration The PRESIDING OFFICER. The Sen- recommend that he veto the bill if this PDUFA proposal that was developed through ator from Massachusetts. provision is included. extensive consultation. Mr. President, I ask unanimous con- There are other provisions in S. 1082 that Mr. KENNEDY. Mr. President, I sent that a copy of the Statement of also raise serious concerns. Specifically, the thank the Senator from Mississippi for Administration Policy be printed in bill would make changes to the BPCA and his cooperation. For the information of PREA to reduce the incentives to conduct our colleagues, if we get cloture on the the RECORD. clinical trials for children, thus reducing the Dorgan amendment tomorrow, some- There being no objection, the mate- effectiveness of the program. It also would rial was ordered to be printed in the time prior to the expiration of the 30 impose administrative burdens that would hours, we will vote on the Cochran RECORD, as follows: make the programs inefficient and in many amendment. That is a notice for Mem- EXECUTIVE OFFICE OF THE PRESI- ways unworkable. These provisions would re- bers about when we will address this DENT, OFFICE OF MANAGEMENT duce the flexibility the agency needs to con- AND BUDGET, duct these programs, require an inefficient issue. I thank the Senator. Washington, DC, May 1, 2007. duplication of scientific expertise, and cause The Senator from Colorado raised delays in the review of pediatric assess- STATEMENT OF ADMINISTRATION POLICY important issues during the markup, ments. Both BPCA and PREA have been very and he has a very significant amend- S. 1082—FOOD AND DRUG ADMINISTRATION successful in providing the necessary incen- REVITALIZATION ACT ment to offer to the Senate. I hope we tives for drug companies to conduct pedi- will hear from him at this time. (Sen. Kennedy (D)–MA) atric clinical trials to improve our under- The Administration strongly supports re- standing of how drugs work in children, thus The PRESIDING OFFICER. The Sen- authorization of the Prescription Drug User enhancing the quality of their medical care. ator from Colorado. Fee Act (PDUFA) and the Medical Device BPCA and PREA should be extended without AMENDMENT NO. 982 User Fee and Modernization Act (MDUFMA). modification. Mr. ALLARD. Mr. President, I ask These two programs account for nearly one Potential Amendments: Follow-on Protein Prod- unanimous consent to lay aside the quarter of the Food and Drug Administra- ucts and Importation of Prescription Drugs pending amendment, and I call up tion’s (FDA) annual budget and support The Administration supports the goal of amendment No. 982. more than 2,000 Agency employees who work making safe and effective drugs available diligently to ensure the safety and efficacy The PRESIDING OFFICER. Without and affordable for American consumers. objection, it is so ordered. The clerk of the medical products on which the Amer- While some in Congress may be interested in ican people rely. Reauthorizing PDUFA and attaching legislation related to follow-on will report. MDUFMA will enhance FDA’s ability to protein products to this bill, the Administra- The assistant legislative clerk read more efficiently and effectively regulate tion believes that these complex issues as follows: drugs, biological products, and medical de- should be considered thoroughly through a The Senator from Colorado [Mr. ALLARD] vices, a critical component of the Agency’s robust scientific, regulatory, and legal dis- proposes an amendment numbered 982. public health mission. Additionally, the Ad- cussion. Sufficient discussion has not yet oc- Mr. ALLARD. Mr. President, I ask ministration is committed to reauthorizing curred and should not be abbreviated for the the Best Pharmaceuticals for Children Act convenience of a particular legislative vehi- unanimous consent that the reading of (BPCA) and the Pediatric Research Equity cle. Any legislative proposal considered to the amendment be dispensed with. Act (PREA), which have provided invaluable authorize a regulatory pathway for follow-on The PRESIDING OFFICER. Without information to the Agency about medical protein products must, as a first priority, en- objection, it is so ordered. products’ interaction with pediatric popu- sure the safety and efficacy of the resulting The amendment is as follows: lations. products, thus protecting patient safety. (Purpose: To strike provisions related to The Administration shares the goal of S. Furthermore, it should also include adequate market exclusivity) 1082 to provide FDA with the appropriate intellectual property protections for tools and resources to enhance the safety innovators, in order to maintain the re- Strike subparagraphs (D) and (E) of section and efficacy of the products the agency regu- search enterprise that has generated life-sav- 402(a)(6). lates. However, the Administration has seri- ing medications. The Administration be- Mr. ALLARD. Mr. President, first, I ous concerns with S. 1082 in its current form lieves further discussion must take place be- thank the chairman, Senator KENNEDY, and will work with Congress to address them fore addressing these issues in legislation. and the ranking Republican, Senator as the legislative process moves forward. The Administration strongly opposes the in- ENZI, for the bipartisan way in which The Administration appreciates that por- clusion in this bill of any provision related they have worked in the committee, of tions of S. 1082 are consistent with the Ad- to follow-on protein products. ministration’s recommendations for reau- The Administration would also strongly which I am a new member. It is the thorization, which strengthen FDA’s ability oppose any provision that might be added on HELP Committee, standing for Health, to ensure the safety and availability of new the Senate Floor regarding the importation Education, Labor, and Pensions. I ap- drugs and medical devices, create a new pro- of prescription drugs that does not address preciate the opportunity to have of- gram for review of television advertise- the serious safety concerns identified in the fered this amendment in committee, as ments, and strengthen post-market review. December 2004 Department of Health and well the opportunity to offer it on the These user fee programs expire at the end of Human Services Task Force Report on Pre- floor. It is a very important com- the current fiscal year, and their timely re- scription Drug Importation. The Administra- authorization is critical to the ability of tion believes that allowing importation of mittee. FDA to continue to carefully and expedi- drugs outside the current safety system es- The bill, coming out of committee, tiously review and approve new drugs and de- tablished by the FDA without addressing can withstand some improvement. I vices to benefit the health of the American these serious safety concerns would threaten know both Senator ENZI and Senator people. public health and result in unsafe, unap- KENNEDY have sat down and made The Administration is committed to fur- proved, and counterfeit drugs being imported many changes that I think will help re- ther improving drug safety through better into the United States. As a result, if any lieve some of the concerns we have tools for surveillance of drug events, im- such importation provision were included in about the bill. That is now in the form proved scientific tools for evaluating drug the final version of the bill presented to the safety problems, and better means of com- President, the President’s senior advisors of a managers’ amendment which is be- municating drug safety problems to pro- would recommend that he veto the bill. fore the Senate. viders and patients. However, the Adminis- The Administration strongly opposes the The issue I remain concerned about tration is concerned that the bill, as written, inclusion of any unrelated provisions that is an issue that was in the original bill.

VerDate Aug 31 2005 23:44 May 02, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.041 S02MYPT1 ccoleman on PRODPC74 with SENATE S5446 CONGRESSIONAL RECORD — SENATE May 2, 2007 It remains in the bill, in the managers’ it is a current evaluation, and here is and Senator DODD, Senator CLINTON, amendment, and that is an amendment what they say: Senator ALEXANDER, and many others to the Best Pharmaceuticals for Chil- Prior to enactment of the Food and Drug have been champions of this program, dren Act passed in 1997. This is an in- Administration Modernization Act of 1997, as was our former colleague, Senator centive program we put in place for the which first established incentives for con- DeWine. The reauthorization of an ef- last decade that says to the pharma- ducting pediatric drug studies in the form of fective program is an opportunity to ceutical industry that if you would put additional market exclusivity, few drugs strengthen those aspects that work were studied for pediatric use. some effort into getting children’s well and to improve those that need ad- medications, pediatric medications Very few were done, as reflected on justment. Senator DODD took up this properly labeled for the market, then the chart. challenge and renewed the information we will give you, in effect, an extension As a result, there was a lack of informa- about how the program has worked of 6 months on your patent rights. This tion on optimal dosage, possible side effects, over the years since Congress last re- and the effectiveness of drugs for pediatric has been an extremely successful pro- use. Almost all the drugs—about 87 percent— viewed it. gram. For the life of me, I don’t under- that have been granted pediatric exclusivity He found that companies were some- stand why the bill’s sponsors feel it is under the Best Pharmaceuticals for Children times rewarded with billions of dollars important to put this provision in the Act have had important labeling changes as in additional sales in return for doing bill. a result of pediatric drug studies conducted studies that cost them only a few mil- This is a chart that reflects the drug under this Act. lion. Clearly, one must provide incen- studies that have been completed for As a result, exclusivity is working. In tives to develop new drugs for children, kids, which equates to more drugs fact, it is working so well that, in my but we must be responsible in doing so. available for pediatricians to use in view, with increased exclusivity we That is why in this reauthorization, treating childhood diseases. As one can may have even had more research and Senator DODD included a proposal to see, the red square on the chart is with development in the area of pediatric adjust the period of market exclusivity no incentives, and very little effort was pharmaceuticals. But that issue is for for drugs that generate over a billion being made. But when the 6-month ex- another day. dollars in sales. If they generate over a clusivity provision was provided in the My amendment doesn’t request an in- billion dollars in sales, these block- Best Pharmaceuticals for Children Act, crease in what has been working. We buster drugs will receive only 3 months we can see how dramatic the increase merely ask that we return in this piece of exclusivity instead of 6 months, was and how the marketplace re- of legislation to that exclusivity- available to other drugs. sponded to this incentive. linked period, which is 6 months, which The Allard amendment would delete In my view, we should not be remov- has been working so very well under this sensible provision and give all ing or reducing the incentive for any current law. drugs the full 6 months. That could be pharmaceutical company to invest in Some Members want to try to dam- worth billions of dollars for a major children. Right now, with what the age the blockbuster drug companies by medication. Those extra 6 months current managers’ amendment has in reducing the exclusivity for those busi- don’t just apply to sales for use in chil- it, it takes the 6-month exclusivity and nesses, but in reality the ones who are dren, they apply to all sales. That reduces it to 3 months, and it has it ap- really being hurt are our kids because means a heart drug tested in children plied to those that are referred to as we take away the number of choices a would get 6 months protection from the blockbuster drugs. In my view, I pediatrician has in providing drug ther- competition, so it can wrack up big re- think we need to make sure everybody apy for those kids who could be seri- turns. understands how very important this ously ill. The amendment we face embodies a program is. If we go messing with it, I ask my colleagues to support me in policy that has no proportionality. It we are going to reduce the incentives my amendment and to return us to the gives the same broad protection to a that are in it that have been working 6-month exclusivity and away from the drug such as Lipitor or Xanax as it so well. 3-month exclusivity period we cur- does to a specialty drug that might be The Best Pharmaceuticals for Chil- rently have in the managers’ amend- helpful in treating ear infections in dren Act allows the FDA to grant drug ment. children. Senator DODD’s proposal has sponsors pediatric exclusivity. This is 6 Mr. President, I yield the floor. that sense of proportional reward, but months of additional market exclu- Mr. KENNEDY. Mr. President, in a the amendment overturns it. That is sivity—as I said, an extension basically few moments we will hear from Sen- the wrong approach, and I hope the of the patent rights—in exchange for ator DODD, who was the architect for Senate will reject it. conducting and submitting reports on the whole undertaking in terms of test- Mr. President, I see my friend and pediatric drug studies. Current law is ing for children, and also for the chil- colleague from Ohio wishes to address working. There is no reason I see to dren’s prescription drug program which this issue, and I yield the floor. change significantly a program that is has been immensely successful. He de- Mr. BROWN. Mr. President, I thank working. serves great credit for it. I am sure he Senator KENNEDY, and I want to join The goal of the program is to develop gets a great deal of satisfaction from my colleagues, and I will precede Sen- additional health information on the it. It was bipartisan, with Senator ator DODD and join him and Senator use of such drugs in pediatric popu- DeWine, going back many years, and KENNEDY and others in urging a ‘‘no’’ lations so they can be administered certainly Senator CLINTON has added vote on the amendment offered by the safely and effectively to children. This an additional dimension to this whole Senator from Colorado. goal is reflected on this chart as being proposal. But Senator DODD has stud- Drugmakers, as we know, have exclu- reached. Also, using pediatric research ied this issue very carefully, and he sive rights to market a prescription and development legislation to attack really is the originator of the concept. drug under a patent. That means no ge- large pharmaceutical companies, in my He has followed it closely, and he will neric drugs are allowed on the market. view, is an abuse of power at the ex- speak to the Senate on this matter in There is no price competition and pense of kids. The data shows pediatric a very short time. nothing to prevent drugmakers from legislation has resulted in a substan- I see my friend from Ohio on the Sen- charging top dollar for their products. tial increase in pediatric prescribing ate floor, who also wishes to address it, Top dollar, as many of our constituents information on the labels of those but I will just say a brief word. I be- know all too well, for a prescription products, which have fulfilled the re- lieve what we have in the legislation, drug can be breathtaking. A 30-day quirements necessary to be granted the which was earlier fashioned by the Sen- supply of Nexium, the little purple pill, pediatric exclusivity extension. ator from Connecticut, is the way to costs about $193; a 30-day supply of Here is what the GAO study on the go, and I would hope the Allard amend- Exelon, an Alzheimer’s drug, is $214; a Best Pharmaceuticals for Children Act ment will not be accepted. 30-day supply of Pravachol, a statin has said about how the program has One of the major elements in the drug, is $168. Under current law—under been working for the last decade. This FDA bill is the program providing in- current law—drugmakers are rewarded study was issued on March 22 of 2007, so centives for developing the new drugs, an additional 6 months of competition-

VerDate Aug 31 2005 23:44 May 02, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.043 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5447 free time on the market when they The Federal Government could do it labeling. When those costs get high and agree to evaluate a prescription drug another away. The Federal Govern- when you hit those, the profit margin for use in children—6 months. ment could reimburse drugmakers for is not so large. I hate to see us pick out That is a tradeoff. It is a tradeoff the the cost of pediatric tests. It could re- a few companies that may have had a House and Senate agreed to, where ward them with a 600-percent profit on windfall and then punish our children adult consumers of this drug—adult conducting those tests, and it would and say we are going to take away an consumers of the drug—are denied a still cost appreciably less than reward- incentive that has resulted in 80 per- less costly generic version of, for exam- ing them an additional 6 months of ex- cent of the children’s drugs that have ple, Prilosec, for an additional 6 clusivity. That is why we made the de- come to the market being approved and months. This means their out-of-pock- cision not to do it that way. But in getting the proper licensing they re- et health care costs—or their em- light of the astounding imbalance be- quire. ployer, or their insurance company, or tween the cost of conducting a pedi- In my view, we pick out a few out- the government—are significantly atric test—$13 million—and the reward rageous circumstances and then we try higher than they otherwise would be. that 6 months of exclusivity provides and take away an incentive that has That is the tradeoff. when it comes to a $1 billion drug, Sen- been working so well for us. At the same time, drugmakers agree ator DODD recommended we cut that in My point, again, is why mess with to conduct pediatric testing they half. We provide 3 months of exclu- that incentive when it is working so wouldn’t have done voluntarily, some- sivity for billion-dollar drugs instead. very well? As I had indicated here on times for reasons all their own, and It is still a breathtaking reward: A $1 the charts, we had such tremendous re- those tests provide invaluable informa- billion drug gets a 3-month exclusivity sults in getting children’s pediatric tion to pediatricians for the proper use instead of a 6-month exclusivity for a drugs to the market. This allows the and dose of medicines prescribed to $13 million test—a breathtaking reward pediatrician more choice in selecting children. That was the agreement—the for one pediatric test, but it is measur- therapies for their patients. It means 6-month exclusivity agreement. That ably more justifiable than the 6-month better medicine. I also believe that the incentive has worked to increase, we moratorium on price competition. more products you have on the market, all agree, the number of pediatric tests Common sense, fiscal responsibility, the more competition you have, and drugmakers conduct. That is impor- and the fact that all of us in this the more competition you have, that tant. Pediatricians now have access to Chamber report to U.S. taxpayers dic- then holds down the price of drugs. new information that has enabled them tate that we support Senator DODD on What we need to do is rely on the mar- to make better use of prescription this modest change in his own pro- kets to control the price of drugs, to drugs to help our Nation’s children. gram. The Allard amendment gives $1 control supply. I hate to see the Gov- My colleague, Senator DODD, cham- billion drugs a 6-month exclusivity in- ernment or this Congress try to apply pioned the 6-month exclusivity law in stead of 3. The logic is, if 6 months of any kind of artificial parameters that his efforts in this area, as did my pred- market exclusivity is working to somehow or other would mean we ecessor in the Senate, and so many prompt drugmakers to conduct pedi- would have fewer drugs for the treat- others, and their work has improved atric testing, we shouldn’t change it. ment of our kids and their ailments. the lives of children. Needless to say, By that logic, we might as well give I yield the floor. the Senator from Connecticut would drugmakers 100 years of market exclu- The PRESIDING OFFICER. The Sen- not arbitrarily or recklessly make sivity. I am sure that would work, too. ator from Wyoming is recognized. changes to the pediatric exclusivity The point is, we have to draw the line Mr. ENZI. Mr. President, I rise today law. It was his idea and his work. He to encourage pediatric testing, which in support of this amendment by Sen- clearly isn’t going to compromise it. this will, and to save money for our ator ALLARD which would strike a cap But he is recommending one change, employers, for our taxpayers, and for on pediatric research incentives for and this amendment, the Allard senior citizens’ out-of-pocket costs. blockbuster drugs with more than $1 amendment, undoes that change, which When a drugmaker earns hundreds of billion in annual sales. That sounds is included in S. 1082. millions of dollars, in many cases out like a lot. We are going to quibble here He is recommending if a drug gen- of the pockets of U.S. taxpayers, for a about whether they get 3 months of ad- erates more than $1 billion in reve- pediatric test that costs about $10 mil- ditional time or 6 months of additional nues—that is, it is a blockbuster drug— lion, that is unnecessary, it is unjusti- time. They have had 6 months of addi- if the drug generates more than $1 bil- fiable, and it is outright wrong. tional time. lion in revenue, that drug should re- Please vote for common sense, for Incidentally, this is one time per ceive an additional 3 months of market protecting our children, for U.S. tax- drug. This is not every time they can exclusivity instead of 6 months. The payers, for consumers, and against the come up with a child’s use they can ex- reason is both simple and compelling. Allard amendment. tend another 3 months or 6 months; It costs about $13 million—think Mr. ALLARD. Mr. President, the this is one time on any drug, they can about these numbers—it costs about Senator from Wyoming, who is man- get an extension of 6 months. $13 million to conduct pediatric testing aging the time, has granted permission Now we are going to decide that a on a new drug. If a drugmaker is tak- for me to speak for 5 minutes. company that comes up with a really ing in $1 billion a year on that drug, $13 Mr. President, I forgot to ask unani- great drug is only going to get 3 million is about 1 percent of their reve- mous consent that the following indi- months versus 6 months because they nues on that drug. Giving that viduals be added as cosponsors on my make $1 billion in annual sales? Three drugmaker an additional 6 months of amendment: Senator BOND, Senator months’ worth would be $250 million in market exclusivity on a $1 billion drug HATCH, and Senator ALEXANDER. annual sales, and that sounds like a costs health care consumers and tax- The PRESIDING OFFICER. Without lot, but when you figure out what is payers—the taxpayers who cover the objection, it is so ordered. profit out of that, it is a much smaller cost of public health programs such as Mr. ALLARD. Mr. President, I would number. Medicare, Medicaid, and the VA—it like to respond to this concern about I congratulate Senator DODD for costs them millions of dollars each drug companies investing relatively originally coming up with this incen- day. little and having huge returns. That tive. He came up with the idea for 6 This is not, as Senator ALLARD said, doesn’t apply to every drug. months, and it worked. You have seen a provision to punish the drug compa- Obviously, when you are developing a the chart that shows how dramatically nies. It is a provision to help people product for the market, there will be there was an increase in the number of with their out-of-pocket drug costs. It some that work out rather easily and drugs that were studied for kids and is a provision to help taxpayers who the development costs may not be too how proper doses were derived for kids. fund Medicare, Medicaid, and the VA. much. But there are other drugs that The Allard amendment ensures that It is a provision to help those busi- require a substantial amount of work pediatric studies that are essential to nesses that are funding health care and and analysis, and a considerable our children’s health and well-being drug plans for their employees. amount of thought has to go into the will continue to take place, that they

VerDate Aug 31 2005 23:44 May 02, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.010 S02MYPT1 ccoleman on PRODPC74 with SENATE S5448 CONGRESSIONAL RECORD — SENATE May 2, 2007 will continue the same as they have NEDY and Senator ENZI for including ago, at a time when only 11 drugs on with the same incentives and the same the Best Pharmaceuticals for Children the market that were being used for requirements. Under current law, in ex- Act and the Pediatric Medical Device children had actually been tested and change for performing a pediatric Safety and Improvement Act in the bill studied for that use. Prior to the enact- study, a manufacturer can receive an before us. I congratulate them, particu- ment of this legislation a decade ago, additional 6 months of market exclu- larly Senator KENNEDY for his efforts pediatricians were essentially flying sivity, one time per drug. This is a of putting all this together, this major blind because they lacked information powerful incentive to ensure pediatric legislation which is going to be so im- regarding the safety and effectiveness studies are completed. The substitute portant for the health and well-being of of drugs they were prescribing. It was amendment we are debating today lim- all our citizenry. I am very grateful to often the children who suffered the its this exclusivity to just 3 months, him, and to Senator ENZI as well, for most. and I am concerned that this will re- leading the minority on this issue and What we have learned over this past duce or limit the number of pediatric making it possible for us to be here decade after 10 years of experience is studies. Senator ALLARD’s amendment today to discuss these issues. that children have been exposed to in- would revert back to current law. If we My friend from Colorado and I effective drugs, ineffective dosing, support and pass the amendment of worked together on this issue. I appre- overdosing, or drug side effects that Senator ALLARD, we go to current law, ciate the comments about the effort we were previously unknown. In 10 years, so manufacturers can receive the addi- made over the past decade or more to nearly 800 studies involving more than tional 6 months of market exclusivity. try to do what this bill was designed to 45,000 children in clinical trials have Before incentives, there were very do and has done, and that is to increase been completed as a result of this legis- few pediatric studies. In the 7 years be- the clinical trials and testing of prod- lation. Useful new pediatric informa- fore Congress authorized incentives, ucts used in our younger Americans— tion is now part of product labeling for only 11 pediatric studies were com- children. more than 119 drugs. pleted; 7 years, 11 studies—embar- In too many cases, prescription drugs In sum, there has been a 20-fold in- rassing. But at least 132 pediatric stud- were being tested for adults, and there crease in drugs studied in infants, chil- ies were completed, and more are ongo- was an assumption that a smaller dos- dren, and adolescents as a result of the ing. The current incentive system age of that product would be all that legislation I authored 10 years ago. works. was necessary to take care of children. Children with a wide range of diseases This is not an abstract policy issue. Obviously, that was not the case, as we such as HIV/AIDS, cancer, allergies, Pediatric drug studies can mean the heard in significant testimony over the asthma, neurological and psychological difference between life and death for years. disorders, and obesity can now lead our children. For example, initial re- Countless hours have gone into the healthier and more productive lives as work on this legislation. The Presiding search indicates that Viagra, which is a result of new information about the Officer has been a tremendous help. I a blockbuster drug, can work miracles safety and efficacy of drugs they use to thank him for his efforts, along with for children with pulmonary fibrosis, a treat and manage their diseases when others on this committee helping us rare and potentially fatal lung dis- previously there was none. This suc- put this together. order. Viagra seems to relax and ex- cessful program for children will expire pand blood vessels in afflicted chil- It must be an Ohio tradition. As he has heard me say on occasion, Senator on the 30th of September unless we re- dren’s lungs. Incentives spurred Pfizer authorize it. BROWN has been tremendously sup- to perform studies that are now under- I have spent months crafting a pro- portive, working on this issue. He was way and could save approximately posal to reauthorize this legislation, active on the issue when he served in 28,000 children who might otherwise die which is now reflected in the under- the other body, and he brought his tal- or suffer greatly. Without powerful in- lying bill. It had been my hope that centives, such studies might not get ents and knowledge to the issue when he arrived here recently. His prede- this initiative would continue in that done. bipartisan tradition that began more The Democratic witnesses at the cessor, Senator DeWine, was my co- than a decade ago. Fashioning legisla- HELP Committee’s—the Health, Edu- sponsor on this bill for a decade, on a tion when there are 100 of us here, try- cation, Labor, and Pension Com- bipartisan basis putting the legislation ing to come up with ideas, and yet bal- mittee—recent hearing agreed that together that has produced the results ance disparate views and opinions. caps are a risky experiment. The num- which have been identified by Senator There are some, frankly, who would ber—zero incentives, 11 studies; strong ALLARD and Senator ENZI already this have no periods of exclusivity and be- incentives, 132 studies—that speaks for morning. lieve the industry ought to be doing itself. Reducing incentives will cer- We find ourselves here having worked tainly reduce the number of pediatric very carefully together on a bipartisan this as a matter of obligation to one studies. We should not undercut a sys- basis for more than a decade to craft out of four Americans. You have heard tem that is proven to help kids and legislation. None of us are claiming from others who think we ought to pro- then say we are improving the pro- perfection here. The idea was to try to vide extended periods of exclusivity, gram. I don’t think so. induce the industry to step forward and longer than 6 months. It is not easy to I strongly agree we need to do every- do something they had not done be- fashion these compromises here, where thing we can to make health care more fore—to test their products in children. you can put something together that affordable and accessible, but harming We were not certain when we started does what we want to do, all the while a worthwhile program that saves kids’ out how this would actually work. Ten ensuring that the program can con- lives is the wrong way to do it. It is years ago, we saw a situation where the tinue to generate more benefits than wrong to play the politics of drug pric- majority of drugs being used in chil- were originally contemplated. There ing at the expense of our kids. We dren were not being tested for their has to be some limitation in terms of should protect these incentives which use. how we deal with all this. are proven to work. Children are not simply little adults. I thank Senators KENNEDY, HARKIN, Again, I congratulate Senator DODD The results of drug studies conducted BINGAMAN, MURRAY, REED, CLINTON, for coming up with the idea of pro- under the Best Pharmaceuticals for and BROWN, who all cosponsored the viding these incentives. I wish to note Children Act have shown they should legislation I introduced which, as I pre- for the record it was at 6 months that not be treated as such. The initiative viously mentioned, has been incor- we provided that. I ask that you sup- contained in the bill before us on pedi- porated on this bill. port the Allard amendment. atric medical devices is a similar effort Mr. President, I will ask unanimous I yield the floor. to ensure children are not left behind consent that these letters be printed in The PRESIDING OFFICER (Mr. as cutting-edge research and revolu- the RECORD so my colleagues will know BROWN). The senior Senator from Con- tionary technologies for medical de- the bill we are considering is not some- necticut is recognized. vices advance. thing we threw together haphazardly. Mr. DODD. Mr. President, let me Senator DeWine, as I mentioned, and This was major, extensive work with first begin by thanking Senator KEN- I authored this bill more than a decade major organizations in this country

VerDate Aug 31 2005 23:44 May 02, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.011 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5449 that spend every waking hour working erated impressive and invaluable safety and Since the inception of BPCA, Congress has on children’s diseases and issues that dosing information for children. Since the recognized the need to ensure that it strikes affect their health. I am grateful to the 2003 passage of PREA, 55 drugs have new or the appropriate balance between cost to con- AIDS Alliance for Children, Youth & improved pediatric labeling. These drugs sumers and benefits to children. This year range from treatment of ear infections to the we have the data to show that we can adjust Families; the American Academy of prevention of rejection of organ transplants. the exclusivity provision without losing pe- Child and Adolescent Psychiatry; S. 993 places children on equal therapeutic diatric studies. In February, the Journal of American Academy of Pediatrics; the footing with adults by creating the presump- the American Medical Association (JAMA) American Brain Coalition; American tion that medicines coming onto the market published a study of the profits drug manu- Pediatric Society; the American Psy- for illnesses and conditions that occur in facturers received from the additional 6 chiatric Association; the American children will be labeled for pediatric use and months of pediatric exclusivity. The study Thoracic Society; the Arthritis Foun- be available in formulations (e.g., liquids, found that ‘‘the Pediatric Exclusivity Pro- chewable tablets) that children can take. gram overcompensates blockbuster products dation; the Association of Medical The Pediatric Medical Device Safety and School Pediatric Department Chairs; for performing clinical trials in children.’’ Improvement Act of 2007 provides a com- The approach taken by your BPCA reau- Children’s Cause for Cancer Advocacy; prehensive approach to ensuring that chil- thorization legislation appropriately ad- dren are not left behind as cutting-edge re- Elizabeth Glaser Pediatric AIDS Foun- dresses the small number of products for search and revolutionary technologies for dation; National Association of Chil- which the benefit of additional exclusivity medical devices advance. Like drugs, where dren’s Hospitals; National Organization has far exceeded the incentive it was in- for too long children were treated like small tended to provide. By limiting exclusivity for Rare Disorders; Society for Pedi- adults, many essential medical devices used atric Research—the list goes on. extensively by pediatricians are not designed only for those products with sales over $1 bil- I ask unanimous consent to have or sized for children. According to pediatri- lion, your proposal can address concerns printed in the RECORD two letters from cians, the development of new medical de- about excessive profits without jeopardizing this myriad of organizations which vices suitable for children’s smaller and the extraordinary benefits of BPCA for chil- growing bodies can lag 5–10 years behind dren’s health. The adjustment will signifi- every day are involved with children’s cantly reduce the overall cost of pediatric health and are strong advocates of those for adults. S. 830 improves incentives for devices for small markets—while still exclusivity to consumers. We therefore op- what we are doing here and respect- preserving the ability to ensure the safety of pose Senator Allard’s amendment to strike fully disagree with the amendment of- new products once on the market. It provides this reasonable exclusivity adjustment from fered by Senator ALLARD today. assistance to innovators, streamlines regu- S. 1082. There being no objection, the mate- latory processes, and elevates pediatric de- We are grateful for your leadership and rial was ordered to be printed in the vice issues at the Food and Drug Administra- commitment to improving the health of our RECORD, as follows: tion (FDA) and the National Institutes of nation’s children and look forward to swift Health. passage of BPCA by the full Senate. APRIL 17, 2007. Despite support for the Chairman’s mark, Sincerely, Hon. EDWARD KENNEDY, we are disappointed that a key provision to AIDS Alliance for Children, Youth & Hon. CHRISTOPHER J. DODD, make PRIA permanent has been omitted. As Families; American Academy of Child Hon. MICHAEL B. ENZI, this legislation moves to the floor of the and Adolescent Psychiatry; American Hon. HILLARY RODHAM CLINTON, Senate, we urge you to restore the perma- Academy of Pediatrics; American U.S. Senate, nent authority of the FDA to ensure that Brain Coalition; American Pediatric Washington, DC. children have properly studied medications Society; American Psychiatric Asso- DEAR SENATORS KENNEDY, ENZI, DODD AND as a matter of fact, not chance. ciation; American Thoracic Society; CLINTON: As organizations working to ensure We are grateful for your longstanding lead- Arthritis Foundation; Association of better health care for the nation’s children, ership and commitment to improving the Medical School Pediatric Department we write to thank you for your longstanding health of our nation’s children and look for- Chairs; Children’s Cause for Cancer Ad- commitment to children’s health and to ex- ward to working with you toward swift Com- vocacy; Elizabeth Glaser Pediatric press our support for legislation to reauthor- mittee action and passage of these pediatric AIDS Foundation; National Associa- ize the Best Pharmaceuticals for Children therapeutic bills by the full Senate. tion of Children’s Hospitals (N.A.C.H.); Act (BPCA) and the Pediatric Research Eq- Sincerely, National Organization for Rare Dis- uity Act (PREA) and to improve children’s American Academy of Pediatrics; Eliza- orders; Society for Pediatric Research. access to safe medical devices. We are very beth Glaser Pediatric AIDS Founda- pleased that BPCA and PREA reauthoriza- tion; AIDS Alliance for Children, Mr. DODD. To anyone offering to tion language and S. 830, the Pediatric Med- Youth & Families; American Academy flyspeck this proposal and offer vari- ical Device Safety and Improvement Act, of Child and Adolescent Psychiatry; ations to it, I would say that months have been included in the Chairman’s mark American Brain Coalition; American and months have gone into this legisla- of S. 1082, the ‘‘Food and Drug Administra- Pediatric Society; American Psy- tion which we think has had the dual tion Revitalization Act,’’ for consideration chiatric Association; American Tho- effect of ensuring that the ramifica- by the Senate Health, Education, Labor and racic Society; Arthritis Foundation; tions of expanding the length of exclu- Pensions Committee tomorrow. Association of Medical School Pedi- Over the past decade, Congress has enacted atric Department Chairs; Children’s sivity, as some have proposed, have bipartisan legislation that has dramatically Cause for Cancer Advocacy; National been carefully considered along with increased the number of drugs tested and la- Association of Children’s Hospitals proposals to limit the length of exclu- beled for children. The results from BPCA (N.A.C.H.); National Organization for sivity to 3 months for all drugs, as oth- are extraordinary—over 336 requests have Rare Disorders; National Research Cen- ers have proposed. The bill before us been generated for over 780 pediatric studies, ter for Women and Families; Society balances many viewpoints on this pro- resulting in over 115 new drug labels for chil- for Pediatric Research. dren. Sen. Dodd’s BPCA reauthorization lan- gram and is a proposal that 15 major organizations involved with the effort guage strengthens this very successful exist- MAY 1, 2007. ing program in several important ways, in- Hon. CHRISTOPHER J. DODD, strongly support. cluding ensuring prompt label changes, re- U.S. Senate, Throughout the 10-year history of the quiring that all study protocols and results Washington, DC. Best Pharmaceuticals for Children Act, be made public, improving adverse events re- DEAR SENATOR DODD: As organizations Congress has recognized the need to en- porting for children, and identifying and ad- working to ensure better health care for the sure it strikes the appropriate balance dressing important gaps in treatments for nation’s children, we write to express our between the cost to consumers and children’s diseases. In addition, the BPCA support for your legislation to reauthorize benefits to children. By instituting a 5- language includes a reasoned approach to ad- the Best Pharmaceuticals for Children Act dress the small percentage of drugs for which (BPCA), which has been included in S. 1082, year sunset in both the original legisla- the exclusivity provision has far exceeded the ‘‘Food and Drug Administration Revital- tion in 1997 and the first reauthoriza- the incentive it was intended to provide ization Act.’’ Since its original enactment in tion in 2002, Congress was acknowl- pharmaceutical companies. 1997, this legislation has directly resulted in edging the ongoing need to evaluate S. 993, the Pediatric Research Improve- an extraordinary increase in the number of the cost of the incentive under this act ment Act (PRIA), introduced by Sen. Clinton drugs tested and labeled for children. In the to consumers in relation to the benefit and included in the Chairman’s mark, reau- past ten years, BPCA has prompted over 780 of having medications properly studied thorizes the Pediatric Research Equity Act pediatric studies and yielded 115 new drug la- of 2003 (PREA), which requires drug manu- bels for children, fundamentally changing and labeled for children. facturers to test their products for use in the practice of pediatric medicine and the The 6-month incentive of exclusivity children. This law ensures that children are quality of health care for our nation’s chil- has been very successful in generating not a therapeutic afterthought and has gen- dren. pediatric studies. Yet after 10 years,

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.012 S02MYPT1 ccoleman on PRODPC74 with SENATE S5450 CONGRESSIONAL RECORD — SENATE May 2, 2007 experience and data have shown us $50 million over 10 years. So in addition next and then Senator CARPER and that for a small number of drugs, pedi- to the consumers, taxpayers are going then Senator STABENOW. atric exclusivity has far exceeded the to be asked to pay an additional $50 The PRESIDING OFFICER. Is there carrot that was designed to encourage million under the Allard amendment. objection? people to move forward. Again, if we have drug companies Mr. KENNEDY. Reserving the right In February of this year, the Journal saying they think this proposal is a to object, I think it would be useful if of the American Medical Association good balance, why are we adding a $50 we rotate it back and forth. published a study of the profits drug million pricetag to the taxpayers with Mr. HATCH. I think we have an manufacturers received from the addi- the Allard amendment, not to mention agreement among the four of us. tional 6 months of pediatric exclu- the cost of these drugs increasing as a Mr. KENNEDY. If the Senator from sivity. result of extending exclusivity from 3 Delaware is satisfied, that is fine with me. The study found that most of the months to 6 months for products with Mr. ENZI. One of the things we are drugs studied under the Best Pharma- sales in excess of $1 billion? trying to do is keep the debate on the ceuticals for Children Act in recent As I said, this is something I have children’s amendment so we can get a years received relatively modest re- worked on for a long time in a bipar- conclusion to the children’s amend- turns. In fact, data shows that many tisan fashion: to strike a balance as ment before time deadlines come up. drugs came close to breaking even with we’ve tried to do for 10 years between So if those who wanted to speak on respect to financial returns on invest- benefits to children and cost to con- other issues can reserve their time ment for conducting pediatric trials. In sumers. To now say all of us who have until later, that would be very helpful. one place they may have had a nega- worked on this program are wrong, all Mr. HATCH. I would add to that re- tive return. of the organizations involved with chil- quest the Senator from Oklahoma after However, the study also found, and I dren’s health are wrong, and drug com- Senator STABENOW. quote them here, that ‘‘the pediatric panies that have benefitted from this Mr. KENNEDY. We still have the exclusivity program overcompensates program are wrong—but we know best. Pastore rules in effect, which means blockbuster products from performing We know best. We think those billion- the debate on the first 2 hours is sup- clinical trials in children.’’ dollar products deserve to be protected. posed to be on matters which are sub- S. 1082 contains a very reasonable, We think the taxpayers should foot the ject to it. I mean it is not generally en- workable mechanism to address cost $50 million bill and the cost of these forced, but Senator ENZI and I are try- concerns. By adjusting exclusivity drugs are irrelevant in this debate. ing to move forward. from 6 months to 3 months only for Well, they are not irrelevant. The PRESIDING OFFICER. Is there those products with U.S. sales over $1 We may do great damage to some- objection to the unanimous consent re- billion, I think S. 1082 can address con- thing we are trying to achieve after a quest from the Senator from Utah? sumer concerns about excessive profits decade of hard work on a bipartisan Without objection, it is so ordered. without jeopardizing the extraordinary basis to put this together. I say re- The Senator from Utah is recognized. benefits of this legislation. spectfully to my friend from Colorado Mr. HATCH. Mr. President, I thank I don’t think it is too much to ask. and the Senator from Wyoming, we my colleagues, including the two man- That is why we have the sunset provi- have worked hard to strike these bal- agers of the bill on both the Demo- sions in this program, to be able to go ances. It is not easy. These are com- cratic and the Republican side. back and analyze how this is working plicated issues. It requires cooperation I rise in support of the Allard amend- ment. I want to take a few minutes to every 5 years. So for those products in on both sides of the aisle to get the job talk about pediatric testing and re- excess of a $1 billion, we shorten exclu- done. That is what I have done for a search provisions included in this bill. sivity. I am satisfied. decade with Members of that side of I have strongly supported both the Pfizer, a leading drug company in the aisle to see to it that we have a Best Pharmaceuticals for Children Act this country, supports this proposal. good, strong bill. The result is a pro- The producer of the largest blockbuster and the Pediatric Research Improve- gram which has gone far beyond what ment Act. drug in the world says this is a good we anticipated might happen. As my colleagues know, current law compromise. Why are my colleagues The slight adjustment we have made provides 6 months of exclusivity for having a hard time? If a major drug after analyzing this bill after 10 years drugs that do research and develop- company who has benefitted under this is little to ask. If one of the largest ment in the area of pediatric use. I am exclusivity and manufactured block- beneficiaries of the program is satis- very interested in keeping it that way. buster drugs says this bill is a sound fied, and if the organizations who sup- That has proven very efficacious in the compromise, what is the problem my port this program believe it is all right, Hatch-Waxman bill. It keeps compa- colleagues have with this proposal? why are we adding a $50 million nies involved in developing great drugs If Pfizer, a company that has bene- pricetag and asking consumers to pay for children in this area. So it is a very fitted from this program says this bal- more? important part of this. ance is a healthy one, why can’t my I urge my colleagues to reject the Al- I was deeply involved in those nego- colleagues be happy with it? lard amendment when the vote occurs. tiations in 1997 with my former col- This bill is a good bill. It has done a I thank Senator KENNEDY and others league, our former colleague, Senator good job for people. But let’s remind who have worked so hard to make this Mike DeWine. I have supported these ourselves that we also have a responsi- possible. This is a very important piece efforts from Ohio Senator Mike bility to consumers. And when con- of legislation, and one that can do an DeWine that brought additional pedi- sumers find themselves in a situation awful lot of good. The amendment of- atric testing of prescription drugs to where they can’t afford lifesaving fered by my colleague from Colorado our attention during consideration of medicines, then it is time for us to puts that at risk. Our children in this the FDA Modernization Act of 1997. He strike a balance. This bill has a sunset country deserve better than what he is fought long and hard to encourage drug provision in it. I am for the sunset pro- offering, which is to try to break up companies to conduct clinical trials on vision. I am for it because we need to the delicate balance I have tried to put pediatric uses of their drugs. come back again in 5 years and assess together for a decade. His efforts paid off and this program where we are on this issue rather than Mr. President, I yield the floor. has been extremely successful. As a re- make a determination that in per- The PRESIDING OFFICER. The Sen- sult, pediatric drugs are safer and more petuity this is a program and a balance ator from Utah is recognized. effective for children. The bill before us that makes sense forever. Mr. HATCH. Mr. President, I thank today reduces the 6-month exclusivity According to the Congressional Budg- my dear colleague from Tennessee for period for blockbuster drugs to 3 et Office, eliminating the exclusivity allowing me to go first, and also my months. adjustment, as the amendment offered two colleagues on the Democratic side, I emphasize again this market exclu- by my colleague from Colorado would Senators CARPER and STABENOW. sivity has provided the incentive need- do, would increase the cost of exclu- I ask unanimous consent that Sen- ed to increase research and develop- sivity to the Federal Government by ator ALEXANDER be permitted to go ment for pediatric drugs. We used the

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.013 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5451 same type of an approach on the or- The fact remains that there is a per- ing. This is long before I came to the phan drug bill many years ago. At that sistent public health need for accurate Senate. But they guessed well. As a re- time there were only a few orphan clinical information about how adult sult, as has been said, about one-third drugs. Today there are over 300 being drugs will work in children. of the drugs that are given to children developed. It is the same principle Children are not adults, for reasons now have had testing and trials for use here. that the Senator from Oklahoma, Dr. in children. Now doctors, when we The Allard amendment restores cur- COBURN, has well explained to this bring our babies and grandbabies in, rent law and provides 6 months of ex- body. have a better idea of what they are clusivity for all drugs. As I mentioned Much of what our colleague from doing. They are guessing less. It is bet- last night, my good friend and col- Connecticut, Senator DODD, has just ter for the children. league from Connecticut, Senator said underscores the need for a contin- In my family we have two new grand- CHRIS DODD, has also shown great lead- ued, strong, exclusivity provision. children under the age of 2. Senator ership on this issue when FDAMA was The statistics he cited about the suc- DODD, being younger than I am, has being considered in 1997. He held a cess of this program are truly remark- two children who are young like that. hearing on this issue earlier this year able and a significant milestone in the Maybe he has heard what I have heard. with his ranking Republican member, history of public health. My mother used to say to me when I Senator LAMAR ALEXANDER, who has The only place where there seems to would go to the babies and they were served long and well on this com- be disagreement on Best Pharma- happy, she would say: ‘‘Son, don’t try mittee. ceuticals for Children Act is the exclu- to make a happy baby happier.’’ That hearing was very insightful, and sivity period for what some define as In effect, what she was saying is, I believe many of us are trying to do ‘‘blockbuster drugs.’’ I know the Sen- leave it alone if it is happy. Well, this the right thing as we reauthorize both ator may call the 6 months period is a happy piece of legislation for which programs. I urge my colleagues not to ‘‘gouging’’ but that ‘‘gouging’’ may Senator DODD and others should have a lose sight of the purpose of these two very well be the incentive that has led lot of credit. My suggestion would be programs as we make decisions on this to the FDA receiving more than 400 let’s not try to make a happy piece of part of the bill. We want good solid in- proposed pediatric-study requests and legislation happier. It is happy because formation about the safest way to pre- receiving 144 completed studies. one-third of medicines are being stud- scribe drugs for children. Those who support the Senator’s ied, and doctors know more about what By giving companies market exclu- amendment—and I know it is well-in- they are giving to their patients who sivity to conduct clinical trials, we tentioned—suggest that without the 6 are children. will know the safest dosage levels for months’ incentive, the pediatric test- What the Allard amendment would children. So let’s not lose sight of the ing will still continue and will be ro- do is keep the law the way it is. It is original purpose of these programs: to bust. Who knows if this is true? the bill that is on the Senate floor that help children have the safest dosages I wonder if we want to call their bluff would change things. for prescriptions. and take away this powerful incentive? I understand this is an estimate, but Now, it is no secret I support the Al- I don’t think we can take that chance. I listened to the testimony. The Sen- lard amendment. I would just like to The PRESIDING OFFICER. The Sen- ator from Connecticut suggested we add a few more facts. Nearly two-thirds ator from Tennessee is recognized. are all racing here at the last minute of the drugs prescribed for children Mr. ALEXANDER. Mr. President, and changing it. Wait a minute. We had have not been studied and labeled for first I would like to congratulate Sen- a hearing on this some time ago. It was pediatric use. I know the importance of ator DODD and others who over the past a terrific hearing. I was there. We accurate clinical information about a 10 years have developed this piece of heard various points of view, a lot of drug’s use in the pediatric population. legislation. It has been remarkably ef- celebration about the effect of this act This smaller body mass and higher fective. I think it is important as we over the last 10 years. The only reason metabolic rates of children mean they talk about this that we remind our- I was not a cosponsor of this legisla- often respond differently to drug dos- selves what we are saying. What we are tion was because I wanted to hear the ing than adults do. saying is, we live in this country with testimony about what the effect would A drug that is safe and effective in all of these wonderful pharmaceutical be of changing this law that is a happy adults may not always be safe for chil- drugs for adults, but in many cases, be- law that has worked so well for so long. dren. The question is not whether we fore this legislation had been enacted, As a result, it created the situation should study the safety of drugs for doctors were flying blind. They were where a third of the children have children but how we make that re- guessing about the effect of these drugs drugs that doctors know more about. search happen. on children. After listening to all the testimony, In 1997, Congress considered this That sometimes had very unfortu- if I were going to change the law, I issue and created an incentives pro- nate results. I know that in my home would make the incentive 7 months or gram for companies to study the use of State of Tennessee a drug for whooping 8 months or 9 months. Why would I do their drugs in pediatric populations. cough was given to a number of chil- that? The reason is, at the hearing it The program offers an additional 6- dren. There had been a clinical trial for was said that while a third of the drugs month patent protection or exclusivity the effect it would have on adults but that are administered to children have to drug manufacturers to help recoup not on children. And the children were had been tested for use in children, the cost of investing in these critical so seriously harmed by the drug that probably we need two-thirds of the pediatric studies. It is a win-win situa- the Centers for Disease Control later drugs that are ready for adults to have tion. Drug companies have the incen- found that the drug was the reason that sort of testing. In other words, we tive to invest time and extra resources they needed stomach surgery. are about halfway where we want to go for a small share of the market, and, So it is remarkable that 10 years ago if we want to have drugs that are test- more importantly, children get the re- Senator DODD and others—Senator ed to see what their effect will be on search they need. DeWine, Senator HATCH, and many oth- children. The evidence is that the incentives ers who have been mentioned—came up So my question was, if giving 6 for exclusivity should be maintained, with the idea that if we strike this bal- months’ incentive has gotten us half- not lowered. Despite the fact that the ance that Senator DODD has referred to way where we want to go, then maybe bill providing the incentive for pedi- several times and give the companies to get all the way where we want to go, atric studies was enacted a decade ago, that make the drugs a little more time, we should go to a 7 months’ or 8 nearly two-thirds of the drugs pre- 6 months with their patent, that they months’ incentive. But my feeling at scribed for children have not been stud- in return would then conduct trials on the end of the hearing was, well, the ied and labeled for pediatric use. these drugs on how they affect chil- existing law has worked well by pro- We have had a great deal of study dren. viding an incentive of 6 months. Let’s about the need for this incentive and No one knew at that time exactly leave it like it is. The end result of the how it should work. what would happen. They were guess- legislation that is on the floor is not to

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.015 S02MYPT1 ccoleman on PRODPC74 with SENATE S5452 CONGRESSIONAL RECORD — SENATE May 2, 2007 leave it like it is but to change it, to vious years, a number of us, including to show a drug’s chain of custody, but reduce it from 6 months to 3 months, me, supported reimportation legisla- there is no guarantee that these paper which is exactly backwards. tion, so long as the Secretary of Health pedigrees could not be forged to hide What the effect of this reduction will and Human Services certifies that the possible counterfeiting, possibly leav- be is to reduce the opportunities for reimportation of prescription drugs can ing American consumers with a less tests of drugs for children, which would be done both safely and cost-effec- safe drug supply. Moreover, this bill re- fail to move us along toward the goal tively. lies on what some believe are unproven of having two-thirds of drugs studied Earlier this morning Senator COCH- and untested anticounterfeiting tech- for use in children. RAN filed a second-degree amendment nologies to guarantee drug safety. I applaud Senator DODD. I give him to the Dorgan-Snowe legislation that While I give credit to my friends for great credit for this. When he retires seeks to require that certification in trying hard to build safety into the from the Senate in another 30 years, the context of this legislation that is proposal, it is not yet clear that this will be one great feather in his before us today. Senator COCHRAN’s anticounterfeit technologies, which the cap, as well as for Senator CLINTON and amendment would require the Sec- proposal relies so heavily upon, is yet others who have worked on this. But I retary of Health and Human Services at the point of being both widely avail- would go back to what my mother said: to certify that the provisions within able and, more importantly, cost effec- ‘‘Don’t try to make a happy baby the Dorgan-Snowe reimportation pro- tive. happy.’’ Let’s not try to make a happy gram would pose no additional risk to In addition, it is unclear to me if this piece of legislation happy. Let’s leave the public’s health and safety. reimportation program would give the it the way it is. It has worked for 10 In addition, the Cochran amendment FDA the authority to conduct inspec- years. Let’s let it work for another 5 would require the Secretary of Health tions of foreign manufacturing plants. years the way it is. Adopting the Al- and Human Services to certify that It is unclear to me whether the coun- lard amendment would keep it the way this reimportation program would re- tries permitted under this bill to ex- it is. sult in a significant reduction in the port drugs into the United States have I have one suggestion for Senators cost of prescription drugs to the Amer- the same kind of safety and quality KENNEDY and ENZI, if I may. Maybe ican consumer. So there are two goals. control standards that we enjoy at home. they would want to consider it as part These few lines that Senator COCHRAN In the end, drug reimportation will of the managers’ amendment. We heard just introduced were passed by unani- only work if we are able to ensure that testimony at our hearing that perhaps mous consent 4 years ago in 2003. In the drugs we import are as safe as our goal should be someday to get two- 2002, this language passed the Senate those manufactured and sold in the thirds or three-fourths of the drugs by a vote of 99 to nothing. It is clear, United States. If the Secretary of that are for adults studied for use in at least to me, from these past votes Health and Human Services, the person children. Today it is one-third. I think that this is not the first time the Sen- who directly overseas the FDA to en- it would be useful for us at a future ate has taken up this issue and, again, sure the public’s health and safety, is time to know exactly what our goal with some consensus. not prepared to certify that the impor- ought to be. Maybe it ought to be 90 Since the last time reimportation tation is safe, then that gives me percent. Maybe it ought to be 50 per- was before this body, Senators DORGAN pause, and I believe it should give us cent. But I wanted to suggest to the and SNOWE have worked hard to ad- pause. We don’t have a reimportation Senator from Massachusetts and the dress many of the safety concerns folks program operating right now, but the Senator from Connecticut that we had raised in previous iterations. I incidence of drug counterfeiting and might want to include in this legisla- commend both of them and their staffs adulterated drugs still exists. In the tion asking the FDA or the appropriate for working diligently to try to address last few years, prescription drugs that agency to study what percent of drugs a number of these concerns. I believe contained bogus or dangerous ingredi- approved for adults should also be test- they have made significant progress. ents as well as actual drugs that were ed for children, what is that proper For instance, concerns were voiced ear- deceptively labeled to hide their origin goal, so that the next time this issue lier that the FDA would not have have made their way into the United comes up we have some informed judg- enough funds to operate a reimporta- States. For example, 4 years ago, coun- ment about it. A quick review of the tion program. To provide the FDA with terfeits of the cholesterol drug Lipitor medical literature shows there hasn’t additional resources, the revised Dor- were found in the United States and been any such study. I could be cor- gan-Snowe proposal would increase made their way to a number of Amer- rected if there has been. If there hasn’t user fees paid by those drug whole- ican consumers. Recently, FDA warned been, I suggest we make that a part of salers and pharmacies participating in consumers about counterfeit drugs the legislation. I make that simply by the program from 1 percent to 2.5 per- from multiple Internet sellers. suggestion, not amendment. I intend to cent of the total price of the drugs that Many would argue that the FDA al- vote for the Allard amendment, and I are reimported. This moves us closer to ready has its hands full. If that is true, have stated the reasons why. If we have ensuring that FDA will have the re- how do we in good faith add another a happy piece of legislation, let’s keep sources they need to operate this pro- layer of complexity such as reimporta- it happy. That will do it. gram effectively. tion to an already overburdened and I yield the floor. Senators DORGAN and SNOWE’S new underresourced system without also The PRESIDING OFFICER. The Sen- legislation would also allow the FDA demanding that the Secretary of ator from Delaware. more time to phase in the number of Health and Human Services certify AMENDMENT NO. 990 drug exporters and importers that that reimported drugs are safe for Mr. CARPER. Mr. President, I wish want to participate in the program. A American consumption. to change the subject for a moment, if slower phase-in would give the FDA Similar to most of my colleagues, I I may. The overall subject is the same; more time to ensure that the importers am not opposed to reimportation, but I that is, the legislation that is before and exporters are aboveboard and do firmly believe that despite the very us. I salute Senators KENNEDY and ENZI should help alleviate concerns that we real progress that has been made with and their staffs for providing an excel- would unknowingly allow unscrupulous respect to the earlier Dorgan-Snowe lent piece of legislation. It was not an vendors into this reimportation pro- proposal, some uncertainties remain in easy thing to do on a difficult subject. gram. the revised legislation they offered yes- I thank them for their efforts and for Although Senators DORGAN and terday. Because of those remaining getting us to this point. SNOWE address a number of the drug concerns, I support the Cochran Yesterday evening, our colleagues safety concerns, I believe a couple of amendment and ask my colleagues to and friends, Senators DORGAN and possible shortfalls remain, especially do the same. SNOWE, filed an amendment to S. 1082 when it comes to stopping the pro- Similar to some of my colleagues, I that would allow for reimportation of liferation of counterfeit, adulterated have held in my hands medicines that prescription drugs from Canada and drugs. Specifically, this legislation re- appear to be the same as the prescrip- from certain other countries. In pre- lies on what are called paper pedigrees tion medicines manufactured in this

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.017 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5453 country. They were the same size, Ms. STABENOW. Mr. President, I ask ‘‘(B) DETERMINATION OF DELAY.—With re- same shape, same color. They have the unanimous consent that reading of the spect to a determination by the Secretary same markings. The wrapping and the amendment be dispensed with. under subparagraph (A) that a delay is nec- materials they come in are the same. The PRESIDING OFFICER. Without essary to protect the public health the fol- They appear to be, for all intents and objection, it is so ordered. lowing shall apply: ‘‘(i) Not later than 5 days after making the purposes, the same legitimate prescrip- The amendment is as follows: determination under subparagraph (A), the tion medicines. They were not. In some (Purpose: To insert provisions related to Secretary shall publish on the Internet cases, they contained materials that citizens petitions) website of the Food and Drug Administra- were unsafe, and in other cases they At the appropriate place, insert the fol- tion a detailed statement providing the rea- contained materials that were not lowing: sons underlying the determination. The de- helpful to the person suffering from a SEC. ll. CITIZENS PETITIONS AND PETITIONS tailed statement should include the state of particular malady. I would like to say FOR STAY OF AGENCY ACTION. the review of the petition, the specific out- that those concerns for that kind of be- Section 505 of the Federal Food, Drug, and standing issues that still need to be resolved, havior have gone away. They haven’t. Cosmetic Act (21 U.S.C. 355), as amended by a proposed timeframe to resolve the issues, this Act, is amended by adding at the end and any additional information that has The profit motives for those who would the following: like to sell bogus drugs, counterfeit been requested by the Secretary of the peti- ‘‘(r) CITIZEN PETITIONS AND PETITIONS FOR tioner or needed by the Secretary in order to drugs, the economic attraction of doing STAY OF AGENCY ACTION.— resolve the petition and not further delay an that is enormous. As a result, I think ‘‘(1) IN GENERAL.— application filed under subsection (b)(2) or we need to proceed with caution. ‘‘(A) NO DELAY OF CONSIDERATION OR AP- (j). I again commend Senators DORGAN PROVAL.— ‘‘(ii) Not later than 10 days after making ‘‘(i) IN GENERAL.—With respect to a pend- and SNOWE. They are trying hard. Their the determination under subparagraph (A), ing application submitted under subsection the Secretary shall provide notice to the staffs are trying hard to get us to the (b)(2) or (j), if a petition is submitted to the sponsor of the pending application submitted point where the Secretary of Health Secretary that seeks to have the Secretary under subsection (b)(2) or (j) and provide an and Human Services can actually cer- take, or refrain from taking, any form of ac- opportunity for a meeting with appropriate tify that we can reimport these drugs tion relating to the approval of the applica- in a way that is safe and cost effective. tion, including a delay in the effective date staff as determined by the Commissioner to discuss the determination. We will be voting later today to deter- of the application, clauses (ii) and (iii) shall apply. ‘‘(3) VERIFICATIONS.— mine whether we have gotten that far. ‘‘(A) PETITIONS FOR REVIEW.—The Sec- The Cochran amendment made sense ‘‘(ii) NO DELAY OF CONSIDERATION.—The re- ceipt of a petition is not just cause to delay retary shall not accept a petition for review before, and I think it still makes sense. consideration of an application submitted unless it is signed and contains the following I yield the floor. under subsection (b)(2) or (j) and consider- verification: ‘I certify that, to my best The PRESIDING OFFICER (Mr. ation of a petition described in clause (i) knowledge and belief: (a) this petition in- CASEY). The Senator from Massachu- shall be separate and apart from the review cludes all information and views upon which setts. of an application submitted under either the petition relies; and (b) this petition in- Mr. KENNEDY. Mr. President, for such subsection. cludes representative data and/or informa- tion known to the petitioner which are unfa- the benefit of the Members and the ‘‘(iii) NO DELAY OF APPROVAL WITHOUT DE- TERMINATION.—The Secretary shall not delay vorable to the petition. I further certify that greatest convenience, we will vote on approval of an application submitted under the information upon which I have based the the Allard amendment at 12:25. What I subsection (b)(2) or (j) while a petition de- action requested herein first became known would like to do is propose a consent scribed in clause (i) is reviewed and consid- to the party on whose behalf this petition is agreement that we vote at that time. I ered unless the Secretary determines, not filed on or about llllllllll. I re- know the Senator from Oklahoma and later than 30 days after the submission of the ceived or expect to receive payments, includ- the Senator from Michigan want to petition, that a delay is necessary to protect ing cash and other forms of consideration, talk. We have 35 or 40 minutes. Prob- the public health. from the following persons or organizations ‘‘(B) DETERMINATION OF DELAY.—With re- ably Senator ALLARD and Senator to file this petition: llllllll. I verify spect to a determination by the Secretary under penalty of perjury that the foregoing DODD would want to make a comment under subparagraph (A)(iii) that a delay is is true and correct.’, with the date of the fil- before we get to the vote. necessary to protect the public health the ing of such petition and the signature of the I ask unanimous consent that at 12:25 following shall apply: petitioner inserted in the first and second the Senate vote in relation to the Al- ‘‘(i) Not later than 5 days after making blank space, respectively. lard amendment 982 and that the time such determination, the Secretary shall pub- ‘‘(B) SUPPLEMENTAL INFORMATION.—The until then be for debate with respect to lish on the Internet website of the Food and Secretary shall not accept for review any the amendment, with the 40 minutes Drug Administration a detailed statement supplemental information or comments on a divided as 20 minutes being divided providing the reasons underlying the deter- petition unless the party submitting such in- mination. The detailed statement shall in- equally between Senator ALLARD and formation or comments does so in written clude a summary of the petition and com- form and that the subject document is signed Senator DODD and 20 minutes between ments and supplements, the specific sub- the Senator from Michigan and the and contains the following verification: ‘I stantive issues that the petition raises which certify that, to my best knowledge and be- Senator from Oklahoma; furthermore, need to be considered prior to approving a lief: (a) I have not intentionally delayed sub- pending application submitted under sub- that no amendments be in order to the mission of this document or its contents. I section (b)(2) or (j), and any clarifications amendment prior to the vote. further certify that the information upon and additional data that is needed by the The PRESIDING OFFICER. Without which I have based the action requested Secretary to promptly review the petition. herein first became known to me on or about objection, it is so ordered. ‘‘(ii) Not later than 10 days after making . I received or expect to The Senator from Michigan. such determination, the Secretary shall pro- llllllllll receive payments, including cash and other AMENDMENT NO. 1011 vide notice to the sponsor of the pending ap- plication submitted under subsection (b)(2) forms of consideration, from the following Ms. STABENOW. Mr. President, first, persons or organizations to submit this in- I ask unanimous consent that the or (j) and provide an opportunity for a meet- ing with appropriate staff as determined by formation or its contents: lllll. I verify pending amendment be temporarily set the Commissioner to discuss the determina- under penalty of perjury that the foregoing aside and call up amendment No. 1011 tion. is true and correct.’, with the date of the for the purposes of offering the amend- ‘‘(2) TIMING OF FINAL AGENCY ACTION ON PE- submission of such document and the signa- ment. TITIONS.— ture of the petitioner inserted in the first The PRESIDING OFFICER. Without ‘‘(A) IN GENERAL.—Notwithstanding a de- and second blank space, respectively. objection, the pending amendment is termination made by the Secretary under ‘‘(4) ANNUAL REPORT ON DELAYS IN APPROV- paragraph (1)(A)(iii), the Secretary shall ALS PER PETITION.—The Secretary shall an- set aside. The clerk will report the nually submit to the Congress a report that amendment. take final agency action with respect to a petition not later than 180 days of submis- specifies— The legislative clerk read as follows: sion of that petition unless the Secretary de- ‘‘(A) the number of applications under sub- The Senator from Michigan [Ms. termines, prior to the date that is 180 days section (b)(2) and (j) that were approved dur- STABENOW], for herself, Mr. THUNE, Mr. LOTT, after the date of submission of the petition, ing the preceding 1-year period; Mr. BROWN, and Mr. KOHL, proposes an that a delay is necessary to protect the pub- ‘‘(B) the number of petitions that were sub- amendment numbered 1011. lic health. mitted during such period;

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.018 S02MYPT1 ccoleman on PRODPC74 with SENATE S5454 CONGRESSIONAL RECORD — SENATE May 2, 2007 ‘‘(C) the number of applications whose ef- entry of generics, amounts to hundreds petitions requesting that the FDA fective dates were delayed by petitions dur- of millions of dollars—and in some delay approval of a competing generic ing such period and the number of days by cases billions of dollars. drug. Of the 45 petitions, the FDA has which the applications were so delayed; and For that reason, our amendment has ruled on 25 of them. Of the 25 petitions, ‘‘(D) the number of petitions that were filed under this subsection that were deemed the support of a very broad range of 92 percent of them were denied. by the Secretary under paragraph (1)(A)(iii) consumer groups, business groups, The brandname companies often file to require delaying an application under sub- labor, pharmacy, and other organiza- these petitions right on the eve of the section (b)(2) or (j) and the number of days tions, including the AARP, the chain generic drug being approved, making it by which the applications were so delayed. drugstores, General Motors, Ford, very clear that delay is the goal. These ‘‘(5) EXCEPTION.—This subsection does not DaimlerChrysler, the AFL–CIO, the Al- are ‘‘11th hour’’ petitions, as they have apply to a petition that is made by the spon- liance for Retired Americans, been called, and 12 of those ‘‘11th hour’’ sor of the application under subsection (b)(2) CalPERS, the National Committee to petitions—12 of them—were denied in or (j) and that seeks only to have the Sec- whole and 1 in part by the FDA. retary take or refrain from taking any form Preserve Social Security and Medicare, of action with respect to that application. Families USA, the Pharmaceutical What do the petitions ask for? Do ‘‘(6) REPORT BY INSPECTOR GENERAL.—The Care Management Association, the they raise new and important issues? Office of Inspector General of the Depart- UAW, and the Coalition for a Competi- Unfortunately, the answer is no. Al- ment of Health and Human Services shall tive Pharmaceutical Market, which is though the petitions are filed before or issue a report not later than 2 years after the a broad coalition of our employers and after a generic drug has received ten- date of enactment of this subsection evalu- insurers across the country. tative approval from the FDA, they ating evidence of the compliance of the Food What would our amendment do? Our commonly simply request additional and Drug Administration with the require- amendment would, first, preserve the studies or additional data, based on ment that the consideration by the Sec- retary of petitions that do not raise public right to file citizen petitions and raise mere speculation by the brand compa- health concerns remain separate and apart legitimate safety issues. This is very nies. from the review and approval of an applica- important. We do nothing to take away The FDA typically will not approve a tion submitted under subsection (b)(2) or (j). the citizen petition. It would reduce generic drug until all the underlying ‘‘(7) DEFINITION.—For purposes of this sub- the filings, though, of frivolous citizen issues of a citizen petition have been section, the term ‘petition’ includes any re- petitions, and it would stop frivolous addressed. As a result, although the quest to the Secretary, without regard to petitions from delaying generic entry— FDA regulators provide that citizen pe- whether the request is characterized as a pe- and thus costing businesses, con- titions should be addressed within 6 tition.’’. sumers, and taxpayers—by allowing months—and that is what our amend- Ms. STABENOW. First, Mr. Presi- needed competition to bring down ment says—the average review time is dent, I thank Senator KENNEDY for his prices in the pharmaceutical market. 10 months. And 10 months means lots incredible leadership and work on this It would do so by, first, requiring the of lost dollars. It leaves consumers very important legislation, and Sen- generic approval process to move for- paying more, businesses paying more, ator ENZI, as well, for his leadership ward while a petition is considered, un- and insurers paying more. and work and partnership with Senator less the petition has raised legitimate The fact is the vast majority of peti- KENNEDY on this legislation. I also public health concerns about the drug. tions filed by brand companies have thank Senator DODD for his years of Second, it would require that final nothing to do with science and every- advocacy for children. I join with him action on a petition be taken within 6 thing to do with delaying generic in opposing the Allard amendment, and months of the petition being received. drugs, stopping the competition. Con- believe Senator DODD has given us the Third, it would require petitions to sumers lose as a result of that. first step as to where we need to go in be signed and include a verification In December 2005, Merrill Lynch re- terms of more medicines being avail- that the petitioner has taken reason- leased a report analyzing brand com- able for children. I thank him for all of able steps to ensure all relevant infor- pany use of the FDA citizen petition his leadership. mation is included in the petition and processes. The analysis involved a re- Mr. President, I today am offering an whether any payments have been made view of citizen petitions filed by brand amendment—a bipartisan amendment, in exchange for filing the petition. This companies since 2001. They said there with Senator THUNE, as well as Senator is very important. was a ‘‘sharp uptick’’ in the number of LOTT and Senator BROWN; we also have And, fourth, it would ensure trans- citizen petitions filed by brand compa- Senator KOHL joining us—to close a parency surrounding FDA’s decisions nies in 2004 and 2005 and, loophole that the brandname pharma- on whether to delay generic drugs on In many instances, the filing of [these cit- ceutical companies are using to pre- the basis of a citizen petition. izen petitions] by branded companies coin- vent competition by delaying the entry Our amendment improves upon the cided with the expiration of a product’s pat- of generic drugs. language in the Stabenow-Lott bill in ent (or other marketing exclusivity) effec- Our amendment is based on the cit- tively delaying generic competition for that it sets timelines for FDA to evalu- months and sometimes years. izen petition provision that is included ate petitions and absolutely ensures Why is this important? Well, I want in a bill Senator LOTT and I introduced that if it is a legitimate public safety last session and again this session, but to give you a few examples. issue, then medicines will not be ap- Flonase is a drug that is used to treat it has been greatly improved by con- proved unless and until the safety nasal symptoms and allergies. It is a tributions from Senator BROWN. I par- issues are resolved. very commonly used drug. In this case, ticularly thank him for his hard work Why do we need this amendment? the brand company filed multiple cit- and contributions to this amendment. Any person or organization can file a izen petitions in an effort to delay the The citizen petition process is in- citizen petition with the FDA raising generic competition, a lower priced tended to allow citizens to raise legiti- concern. We certainly want people to drug, from going on the market. All mate issues regarding drug products, be able to do that. However, the proc- three citizen petitions were denied. and it is very important we have that. ess right now is being used in ways According to the FDA: However, the brandname pharma- that are unintended. [The brand company] has not articulated ceutical companies have increasingly The Medicare Modernization Act sound public policy grounds for supporting a used citizen petitions to delay access closed a lot of loopholes that the stay. In addition, [the brand name company] to safe, effective, and affordable ge- brandname companies were using to has not demonstrated that the delay result- neric drugs. delay generics from going into the ing from the stay is not outweighed by pub- Simply put, citizen petitions have be- marketplace. So, unfortunately, they lic health and other public interests. come PhRMA petitions to block con- have looked to another tool. They are In other words, no sound public pol- sumers from having access to afford- now using these frivolous citizen peti- icy, but, unfortunately, the delay took able medicines, unfortunately. The tions. months to resolve. cost to employers, consumers, health Between passage of the Medicare The following quote from Gary insurance plans, and Government Modernization Act and April 30, 2006, Buehler, Director of the Office of Ge- health plans, as a result of delayed brandname companies filed 45 citizen neric Drugs at FDA, was reported in

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.008 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5455 the New York Times on February 23, Senator DODD wants to put on this. He blockbuster drugs is actually paying 2006: is back to practicing medicine the way for 90 percent of the studies on non- The agency was required to consider the we did pediatrics 25 years ago with his blockbuster drugs for kids, that we are petitions and to write responses. That took amendment. I certainly hope he is going to take away that incentive. It is time and delayed the approval [process]. right if he wins because there are going really comforting as a physician to So what happened? Even though all to be a lot of children in trouble if he know now what I didn’t know before in of these petitions were denied by the is not. terms of giving a kid a medicine and FDA, it took so much time, and ge- What his amendment actually says knowing how it is going to be metabo- neric entry was delayed by 656 days, is, if you made $1 billion off a drug, you lized, knowing its half-life, knowing it and the brand company was able to get only get a 3-month extension. I can see is different in a child and being able to $1.65 billion more in sales. how we could look and say they are dose it correctly, and confidently say- We see with all of these drugs shown making too much money. But only 1 ing to a parent: I have given you some- on this chart delays that have, in fact, out of every 10 drugs we studied in pe- thing that is going to fix your child, allowed the brandname company to be diatrics was a blockbuster drug. So that is going to cure this illness, and I able to continue sales. Unfortunately, what is happening with these high-pro- know you are not going to have a side these higher costs are paid by our sen- file drugs they are making a lot of effect from it. iors, consumers, and businesses that money off of is they are the things that What we have done has worked. Why offer medication, as well as by insurers are funding the other 130 studies of would we mess with it unless we know? themselves. drugs that are not blockbusters, that I have listened to this debate. I don’t We have not only large delays, but are not profitable. see anybody telling me how we know even in the case of 5 days, $17 million So what Senator DODD has put in this we are not going to disincentivize fur- more in sales. So there is great incen- bill—and I know it is well-meaning—is ther drug studies. If somebody can tive to use delaying tactics in order to to limit that profitability, hoping show me that, then I will be happy to be able to continue this process. drugs will become more reasonable, vote against the Allard amendment. Mr. President, I see my time is up. and gambling—a very risky gamble— But there is not anybody who can show Let me say this amendment was care- that the research on pediatric drugs me scientifically that we are going to fully constructed to allow citizen peti- will continue with that 3-month exten- have another 144 drugs studied if we tions to continue. The overwhelming sion. cut this in half. Maybe we will, maybe evidence from the Federal Trade Com- He may be right. But as someone who we won’t. I can’t see into the future, mission, the Office of Inspector Gen- cares for kids in my own practice, I am but I am cautious enough to know I eral, as well as the FDA, and others— not willing to take that gamble. I am love the progress we have made. the overwhelming evidence is we are not willing to say: What if he is wrong? If we change this, if we change it— seeing this as a new loophole that is What if the studies go from 144 to 15? and it sounds as if, from the debate being used to delay effective competi- Now that we are seeing all these new here, the Allard amendment isn’t going tion and lower cost medicine from drugs coming out, we are not going to to be approved—we better darn sure going into the marketplace. We can fix have a study for kids? We are going to know what we are doing, and we better that and keep the citizen petition for take away opportunities for young darn sure say that taking money away legitimate issues. We certainly want children to have the benefits of a new from drug companies in terms of ex- that. We certainly are concerned about drug because they are not studied? Or tending patents is not going to have a safety, as is the FDA. But it is time to we are going to use the drugs anyhow, negative impact in terms of positive close this loophole. even though they are not indicated and I thank my colleagues who are co- benefits. we do not know what we are doing, in I am not the greatest defender of the sponsoring this amendment and urge a hope—not in a knowledgeable, sci- support for the amendment. drug companies. I authored the first The PRESIDING OFFICER. The Sen- entific way but in a hope we are doing bill that was signed by President Clin- ator from Oklahoma. some good? ton which allowed reimportation of We have a system that has worked drugs into this country. Why did I do AMENDMENT NO. 982 very well. Senator DODD was sup- Mr. COBURN. Mr. President, I rise to it? I think we need to have a worldwide portive of that system. I do not know speak for a minute in support of Sen- market on pharmaceuticals. We don’t. that he is right. He could be right. But ator Allard’s amendment. I also want We have a controlled market every- the question will be: What if he is to recognize Senator DODD’s work, and where except in this country. The I believe he truly cares about us get- wrong? What if the next 100 drugs that American taxpayers end up subsidizing ting pharmaceuticals to children. But I come out for maladies that could have the research and subsidizing the prof- think the bill as written today has an application for children—especially its. But I also recognize that some of some very great risks for our children. some very small used drugs, specialty these drugs’ profits are the very things I practice medicine. I can remember drugs for chemotherapy, and have a that allow me to now give comfort to a 25 years ago, for so many of the drugs, very low incidence of usage in kids— mother and a father when they have a we did not know what we were doing as what if they are not available? What if very sick child. they related to children. We had some- they are not made available? How I hope Senator DODD has the wisdom times great outcomes and sometimes many children are not going to get to know that he has done it just right poor outcomes as to the availability that drug? Now the system is paying and that there is not going to be one and knowledge of pharmaceuticals for for 90 percent of the studies on drugs cancer chemotherapeutic agent that children. that aren’t the blockbusters, and we wasn’t studied in children because it is We have a system that started 10 are going to cut the incentive in half. not a blockbuster drug, and now that years ago that has been highly success- It may work. I don’t know where the we are going to cut it to 3 months, that ful. Mr. President, 144 drugs have now knowledge is, the scientific inquiry, or there will still be an incentive to make been studied in kids. We know what we the study that says that going from 6 sure that the next child with a sarcoma are doing with 144 drugs. With 25 of months to 3 months is the right or the next child with an aplastic ane- those drugs, we now know not to use amount. What about 2 months? What mia or the next child with a leukemia them for children. about 1 month? What about 5 months? that is resistant to bone marrow trans- How did we get there? We created an We don’t know. So what are we going plant or anything else is going to be incentive that said: We will give you a to do? We are now going to go back and able to have the medicine. 6-month patent extension if you will practice on pediatric drug studies the We are going to go back to the way study pediatric indications and do a way we used to practice on children. we practiced medicine 10 or 12 years study on pediatric patients for this We are going to guess. ago. We are not going to know, and we drug. It worked. As a matter of fact, it What the Allard amendment says is: are going to shoot from the hip and worked great. We are not real happy there is this pray and hope. What we have today is Now, I am having trouble under- amount of tremendous profit, but we we don’t have to pray and hope any- standing, as a physician, the therapy do understand that the profit off the more. We now have the studies.

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.021 S02MYPT1 ccoleman on PRODPC74 with SENATE S5456 CONGRESSIONAL RECORD — SENATE May 2, 2007 I don’t know the answer to it, and I Campbell appeared before the Health, Mr. President, I ask unanimous con- am not saying Senator DODD is wrong, Education, Labor and Pensions Com- sent that relevant material relating to but I think a legitimate question to mittee in late March and testified the medical device provision of this ask is, What if he is wrong? What if he about the arduous 14 years it took to legislation be printed in the RECORD. is wrong? How many children aren’t bring the titanium rib to market. Dr. There being no objection, the mate- going to have drugs? How many chil- Robert Campbell made remarkable rial was ordered to be printed in the dren are going to have a drug complica- breakthroughs with this technology RECORD, as follows: tion? How many children are going to but the hurdles he faced were, at times, ELIZABETH GLASER PEDIATRIC have a drug interaction? How many seemingly insurmountable. AIDS FOUNDATION, children’s lives aren’t going to be saved I want to put up a photograph of a Washington, DC, March 5, 2007. because we decided the drug companies boy named Devin Alvarez, of Hialeah Hon. CHRISTOPHER DODD, Russell Senate Office Building, are making too much money and we Gardens, Florida, which shows the re- markable difference this device has Washington, DC. are going to tell them how much they DEAR SENATOR DODD: On behalf of the Eliz- should make? made for him. Devin was born with six abeth Glaser Pediatric AIDS Foundation, I Mr. President, I yield the floor. ribs missing and a very small left lung would 1ike to thank you for your leadership The PRESIDING OFFICER. Who and kidney. At birth, the doctors did in introducing the Pediatric Medical Device yields time? not believe he was going to survive his Safety and Improvement Act of 2007 and Mr. DODD. Mr. President, if I may, I first night. In May 2002, Devin under- offer our strong support for this legislation, would like to divide my 10 minutes, went titanium rib implant surgery and which will improve the health and we11- the curve of his spine was reduced to 45 being of children across the country. and I would like to spend a few minutes This legislation will ensure that children on another part of the bill, the Pedi- degrees. Devin stood straight for the enjoy the same protections as adults do atric Medical Device Safety and Im- first time in his life and, at present, when using necessary medical devices. Over provement Act. Devin is a very typical 9-year-old boy the last few decades, countless innovative I thank Senator KENNEDY and Sen- who enjoys playing sports such as golf medical device products have been developed and baseball. as a result of cutting-edge research and new ator ENZI for including this bill which Again, remarkable ideas for pediatric technologies. As you know, children are I authored in the underlying legisla- medical devices happen regularly, but being left out of the equation. Many chal- tion. the incentives to transform ideas into lenges limit children’s access to safe and ef- The pediatric medical devices provi- new FDA-approved devices simply fective medical devices, including differences sion of the underlying bill is not sub- in size, weight, metabolism rates, etc. With don’t exist. So the motivation for the ject to an amendment, but I want my very few devices available for pediatric use, Best Pharmaceuticals for Children Act colleagues to know what we have done pediatric providers must resort to fashioning legislation 10 years ago dealing with with this provision, which is a com- make-shift devices for their patients. Left pharmaceutical products for children is with no alternative options, providers may plementary piece of legislation dealing the same motivation behind this legis- be forced to use older or less optimal inter- with a similar set of issues as under lation—to encourage the medical de- ventions, which can be less effective and the Best Pharmaceuticals for Children vice industry to develop and to engage could pose greater risk. Act. That is, ensuring that medical de- in the kind of research to allow these The Pediatric Medical Device Safety and vices used in children are safe and de- Improvement Act of 2007 recognizes the ur- technologies to emerge. gency for greater development of medical de- signed specifically for children. One of In describing the pediatric medical the fundamental hurdles with respect vices created with children’s special needs in devices bill which is now included in mind. It provides a comprehensive approach to children is that the market for prod- this legislation, Dr. Campbell, who has to improving children’s access to medical de- ucts designed for them is relatively been so instrumental in all of this, vices and includes provisions to assist small. However, I believe the proposals said: innovators with technical and financial re- in the underlying bill will make a huge This bill represents an historic step for- sources, streamline the regulatory processes, difference in the lives of children. ward for children’s medical and surgical de- elevate pediatric device issues at the FDA This initiative provides a very com- vices similar to those steps taken on drugs. and NIH, and improve incentives for devices prehensive approach to ensuring that It will help future medical inventors of pedi- for small pediatric populations—while still atric devices to avoid my mistakes and my preserving the ability to ensure the safety of children are not left behind as cutting- new products. edge research and revolutionary tech- frustrations so that they can get their de- vices ‘‘off the napkin,’’ if you will, and into Thank you for your leadership and com- nologies for medical devices advance. the pediatric patients who need them, in a mitment to this issue. We look forward to Like drugs, where for too long chil- safe and timely fashion. working closely with you to ensure that chil- dren across the U.S. benefit from this impor- dren were treated like small adults and I thank my colleagues from Massa- were just given reduced dosages, many tant piece of legislation. chusetts and Wyoming for working Sincerely, essential medical devices used by pedi- hard to make sure this will be a part of atricians are not designed or sized for PAMELA W. BARNES, the underlying bill. I am grateful to President and Chief Executive Officer. children, and that has been the case for them. It is my understanding that con- many years. Pediatric providers have cerns have been raised by some in the THE SOCIETY FOR CARDIOVASCULAR had to resort to jury-rigging or fash- medical device industry regarding a ANGIOGRAPHY AND INTERVENTIONS, ioning makeshift device solutions for particular provision of the bill related Washington, DC, March 15, 2007. pediatric use. When that is not an op- Hon. CHRISTOPHER J. DODD, to equipping the Food and Drug Ad- Chair, Subcommittee on Education and Early tion, providers may be forced to use ministration with authority to ensure more invasive treatments or less effec- Childhood Development, Senate Committee the safety of medical devices in chil- on Health, Education, Labor and Pensions, tive therapies. This legislation address- dren once they are already on the mar- Washington, DC. es the need to promote pediatric device ket. DEAR CHAIRMAN DODD: I am writing to ex- development by providing incentives to The provisions in the bill mirror the press our support for passage of your Pedi- manufacturers while at the same time recommendations made by the Insti- atric Medical Device Safety Act of 2007. We equipping the Food and Drug Adminis- tute of Medicine in its 2005 report on greatly appreciate your efforts to expand pe- tration with appropriate authority to pediatric medical device safety. The In- diatric patients’ access to safe medical de- monitor and ensure the postmarket vices. Your proposal will be an important stitute of Medicine found serious flaws step forward. safety of medical devices used signifi- in the current postmarket safety sur- The Society for Cardiovascular Angio- cantly in children. veillance of these devices and the pro- graphy and Interventions is a professional One such example which highlights visions in my bill correct those serious association representing over 3,700 invasive the need for this legislation is a device flaws. I am disheartened by those who and interventional cardiologists. SCAI pro- known as the Vertical Expandable would attempt to deprive children and motes excellence in cardiac catheterization, Prosthetic Titanium Rib, a device in- physicians with information that per- angiography, and interventional cardiology vented, developed, and brought to mar- through physician education and representa- tains to device safety. tion, and quality initiatives to enhance pa- ket by Dr. Robert Campbell, Professor I think we have made some tremen- tient care. of Orthopaedics at the University of dous advances for children and their Fortunately, cardiovascular disease is far Texas Health Science Center. Dr. families in this legislation. less common in the pediatric population

VerDate Aug 31 2005 02:31 May 03, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.022 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5457 than it is in the adult population. This good This legislation is an important step towards and soft tissue sarcomas of the extremity fortune does however frequently lead to improving the process for the development of was amputation of the affected arm or leg. unique challenges for the pediatric inter- needed pediatric medical devices. Since that time, Stryker is proud to have ventional cardiologist who treats these pa- Children and adults often suffer from many partnered with leading pediatric oncology tients. Some of the challenges are clinical of the same diseases and conditions, however surgeons to develop limb-sparing, surgical and we are more frequently solving those their medical device needs vary consider- solutions, including the implantation of a problems, saving children’s lives and avoid- ably. Children are not just small adults and growing prosthesis that can be elongated to ing the trauma of surgery. Other challenges, medical device technologies manufactured account for children’s growth. and perhaps the most frustrating ones are re- for adults often do not fit the needs of chil- As with cancer, the treatment of lated to obtaining the safe medical devices dren. This problem forces pediatricians to craniofacial deformities is an area in which necessary to treat these patients. Devices ‘‘jury-rig’’ adult medical devices that are Stryker has also significantly improved and that are available to our colleagues in Eu- often too large, in order to make them fit broadened its range of available medical rope are not available in America. We sup- smaller bodies. This practice, however, is not products and solutions. With continued inno- port the FDA’s efforts to ensure that only always effective and leaves children without vation of new and improved safe and effective medical devices are used optimal treatment. Additionally, children’s craniomaxillofacial technologies, Stryker on patients in our country, but when the device needs vary considerably due, not only hopes to continue to transform the lives of entry barriers into the American markets to size, but also to different rates of growth, children with craniofacial deformities, such are so high that manufacturers refuse to anatomy, physiological differences and phys- as craniosynostis and cleft lip and palate. enter—some patients suffer and die need- ical activity levels. It is our hope that your legislation will lessly. Required is an appropriate balance be- This legislation offers incentives to device further spur the evolution of novel health tween the sometimes mutually exclusive manufactures to create needed medical de- care solutions for children. The bill’s efforts goals of safety and availability. vices specifically designed to meet the needs to streamline approvals for devices with pe- We are especially pleased that your legisla- of pediatric patients and it gives the FDA diatric indications, improve incentives for tion will require the FDA to issue guidance the authority to require post-market studies the development of devices for small pedi- to institutional review committees (IRCs) on to ensure continued efficacy and safety of atric populations, and encourage the estab- how to appropriately consider the use of the these devices. The need for pediatric medical lishment of non-profit consortia for pediatric humanitarian device exemption (HDE) at devices to treat or diagnose diseases and con- device development should be commended. their institution. When HDE devices are not ditions affecting children is clear; it is essen- Stryker stands ready to assist you in your part of an ongoing trial, IRCs (which focus tial that medical devices be manufactured drive to stimulate the further development on reviewing the care of patients in trials) with children’s needs in mind. of child-centered medical technologies while are sometimes confused. Thank you for your continued commit- closely monitoring the safety of such prod- We believe that giving the FDA explicit ment to improving the health and well-being ucts after they have entered the market. statutory authority to extrapolate from of children. We look forward to working with Thank you again for your leadership on this adult to pediatric patients in appropriate sit- you as this important legislation moves important issue, and we look forward to uations could help FDA officials expedite through Congress. working with you to advance your bill as their review of some pediatric medical de- Sincerely, medical device reauthorization legislation vices. American Academy of Pediatrics. moves forward in the 110th Congress. We applaud the provision that allows com- American Pediatric Society. Sincerely, panies to make a profit on HDE devices de- Association of Medical School Pediatric ED ROZYNSKI, signed for children. This change will encour- Department Chairs. Vice President, age the development of more devices by pro- Society for Pediatric Research. Global Government Affairs. viding an opportunity for profit and also by reducing concerns about audits, specifically STRYKER CORPORATION, ADVANCED MEDICAL those using different assumptions which Washington, DC, March 6, 2007. TECHNOLOGY ASSOCIATION, could determine a profit was made when a Senator CHRISTOPHER J. DODD, Washington, DC, March 6, 2007. manufacturer calculated their financial situ- Russell Senate Office Building, Hon. CHRISTOPHER J. DODD, ation differently. We note that the 4,000 cap Washington, DC. Chair, Subcommittee on Education and Early is arbitrary and far below the 200,000 patient DEAR SENATOR DODD: On behalf of Stryker Childhood Development, Senate Committee limit that is placed on orphan drugs. We be- Corporation (‘‘Stryker’’), I am pleased to an- on Health, Education, Labor, & Pensions, lieve that more devices could be made avail- nounce our support for your legislation to Washington, DC. able to pediatric patients and those with improve the availability and safety of pedi- DEAR CHAIRMAN DODD: On behalf of the Ad- congenital heart disease if that cap is raised. atric medical devices—the Pediatric Medical vanced Medical Technology Association We encourage you to consider such an in- Device Safety and Improvement Act of 2007. (AdvaMed), I am writing in support of the crease either as a part of this legislation or Like you and your colleagues, we want our Pediatric Medical Device Safety Act of 2007. broader FDA reform legislation. children to have access to the fullest and We particularly appreciate your willingness We also understand that there are some best range of possible medical treatments, to work together with all stakeholders in the concerns on the part of industry about the even if that means doing or inventing some- development of this legislation. Your bill is section 522 provisions of this proposal. As cli- thing new just for them. an important step in ensuring expanded ac- nicians, we are not in a position to evaluate We view this as our responsibility both as cess to medical devices for children. the precise impact of those provisions but we the leading manufacturer of orthopaedic on- As you may know, AdvaMed represents certainly hope those concerns can be re- cology prostheses in the United States and over 1,300 of the world’s leading medical solved. as a global medical technology company technology innovators and manufacturers of We look forward to working with you and with a significant presence in other medical medical devices, diagnostic products and your staff to support passage of this legisla- specialties, including craniofacial deformi- medical information systems. Its member tion and thank you once again for your ef- ties such as cleft lip and palate. We take companies are devoted to helping patients forts. Our Senior Director for Advocacy and pride in partnering with and sponsoring a lead longer, healthier, and more productive Guidelines, Wayne Powell will be coordi- range of medical organizations, including lives through the development of new life- nating this effort for the Society and he may one which last year was able to provide free saving and life-enhancing technologies. be reached at (202) 375–6341 or cleft lip surgeries to 8,531 children in 23 AdvaMed fully supports the development of [email protected]. countries. The surgery took only about 45 medical devices for pediatric patients. Your Sincerely, minutes and cost $750 per child, but the cor- bill goes a long way to encourage the devel- GREGORY J. DEHMER, M.D., FSCAI, rective surgery changed, in a positive way, opment of pediatric devices. As your legisla- President. forevermore the lives of each and every child tion is considered, AdvaMed would like to and the lives of their families, too. continue to work with you to strengthen FEBRUARY 28, 2007. We sincerely appreciate your leadership your legislation to enhance development of Hon. CHRISTOPHER J. DODD, role on children’s issues. We take very seri- and access to pediatric devices. For example, U.S. Senate, ously not only our commitment to children we have a number of proposals to highlight Washington, DC. with cancer and craniofacial deformities but existing FDA regulatory tools that could im- DEAR SENATOR DODD: On behalf of the also our responsibility to ensure that our de- prove the number of devices cleared and ap- 60,000 primary care pediatricians, pediatric vices are safe and effective for use in pedi- proved for pediatric use. We also have rec- medical subspecialists, and surgical special- atric patients. ommendations to improve the proposed pedi- ists of the American Academy of Pediatrics As you may know, there has been signifi- atric Humanitarian Device Exemption (HDE) who are committed to the attainment of op- cant progress over the past two decades in and propose a compassionate use provision timal physical, mental and social health and the management of patients with musculo- for extremely small pediatric populations to well-being for all infants, children, adoles- skeletal cancers that has improved both the enhance your legislation. cents, and young adults, we write today to survival rates and quality of life of afflicted Sec. 522 of the Federal Food, Drug, and express our gratitude and support for the individuals. Twenty years ago, the standard Cosmetic Act (FFDCA) provides the FDA ‘‘Pediatric Medical Devices’’ legislation. treatment for any primary malignant bone with broad authority to require postmarket

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.030 S02MYPT1 ccoleman on PRODPC74 with SENATE S5458 CONGRESSIONAL RECORD — SENATE May 2, 2007 surveillance for any product for which FDA dren. We support your efforts to address the access to safe medical devices. We are very has concerns. We believe that the FDA’s au- barriers to pediatric device development pleased that BPCA and PREA reauthoriza- thority under Sec. 522 is sufficient to cover through legislation, particularly in the fol- tion language and S. 830, the Pediatric Med- pediatric patients. In fact, we are concerned lowing areas: ical Device Safety and Improvement Act, that the language in your bill may uninten- 1. Improving the ability of the Food and have been included in the Chairman’s mark tionally reduce access to medical devices for Drug Administration (FDA) to track how of S. 1082, the ‘‘Food and Drug Administra- pediatric patients. many and what types of devices are approved tion Revitalization Act,’’ for consideration Finally, although we recognize and appre- for children each year; by the Senate Health, Education, Labor and ciate your efforts to restrict the types of 2. Streamlining pediatric device approvals Pensions Committee tomorrow. studies in your postmarket database to only by allowing the extrapolation of adult data Over the past decade, Congress has enacted ‘‘scientific’’ studies, we believe the language to support pediatric indications, as appro- bipartisan legislation that has dramatically in your bill duplicates both the database priate; increased the number of drugs tested and la- 3. Encouraging device manufacturers to that FDA is currently working to establish beled for children. The results from BPCA create products for conditions that affect and the clinical trial registry legislation and are extraordinary—over 336 requests have small numbers of children by removing ex- legislation currently being contemplated by been generated for over 780 pediatric studies, isting restrictions on profit; the HELP Committee. resulting in over 115 new drug labels for chil- 4. Improving federal support for pediatric In closing, thank you once again for your dren. Senator Dodd’s BPCA reauthorization device development by creating a coordi- work on ensuring access to medical devices language strengthens this very successful ex- nated research agenda and establishing a for children. We look forward to working isting program in several important ways, contact point at the National Institutes of with you on these and other improvements including ensuring prompt label changes, re- Health to help innovators access existing to your legislation as the bill moves through quiring that all study protocols and results the Committee and the Senate. funding; 5. Improving pediatric device availability be made public, improving adverse events re- Sincerely, porting for children, and identifying and ad- STEPHEN J. UBL. by establishing demonstration grants to pro- mote pediatric device development, includ- dressing important gaps in treatments for children’s diseases. In addition, the BPCA RESPIRONICS, INC., ing connecting inventors and manufacturers, language includes a reasoned approach to ad- Murrysville, PA, August 16, 2006. product identification, prototype develop- dress the small percentage of drugs for which Hon. MIKE DEWINE, ment, and testing; and the exclusivity provision has far exceeded Russell Senate Office Building, 6. Improving post-market safety of pedi- the incentive it was intended to provide Washington, DC. atric devices by allowing FDA to call for pharmaceutical companies. DEAR SENATOR DEWINE: Respironics, Inc. is postmarket pediatric studies, establishing a a global medical device company based in publicly accessible database of postmarket S. 993, the Pediatric Research Improve- Pittsburgh, Pennsylvania. We are the world- studies, and giving FDA the ability to re- ment Act (PRIA), introduced by Senator wide leader at anticipating needs and pro- quire studies longer than 3 years if needed to Clinton and included in the Chairman’s viding valued solutions to the sleep and res- answer longer-term pediatric questions. mark, reauthorizes the Pediatric Research piratory markets. We employ approximately Thank you for your leadership and com- Equity Act of 2003 (PREA), which requires 4,700 employees and have annual sales in ex- mitment to this issue. We look forward to drug manufacturers to test their products cess of one billion dollars. working closely with you toward passage of for use in children. This law ensures that In our business, we often are called upon to legislation to improve children’s access to children are not a therapeutic afterthought work with pediatric patients. Based on this medical devices. and has generated impressive and invaluable work, it is clear that changes are needed to Sincerely, safety and dosing information for children. facilitate an improvement in the availability ULF JO¨ NSSON, Since the 2003 passage of PREA, 55 drugs of diagnostic and therapeutic medical de- President. have new or improved pediatric labeling. vices for children. These drugs range from treatment of ear in- Currently, a draft of a bill entitled ‘‘To im- SELEON, INC., fections to the prevention of rejection of prove the process for the development of Baltimore, MD, September 23, 2006. organ transplants. S. 993 places children on needed pediatric medical devices’’ is being Hon. MIKE DEWINE, equal therapeutic footing with adults by cre- circulated among some Senators for discus- Russell Senate Office Building, ating the presumption that medicines com- sion. After reviewing this bill, Respironics Washington, DC. ing onto the market for illnesses and condi- believes that the changes contemplated by DEAR SENATOR DEWINE: On behalf of tions that occur in children will be labeled this bill could help improve the availability Seleon Inc., I want to encourage you to con- for pediatric use and be available in formula- of medical devices for children. Therefore, tinue your efforts to improve access to med- tions (e.g., liquids, chewable tablets) that Respironics supports enactment of the bill. ical therapies for children by introducing the children can take. We hope that you will join Respironics in bill, ‘‘to improve the process for the develop- The Pediatric Medical Device Safety and supporting this important legislation. ment of needed pediatric medical devices’’ Improvement Act of 2007 provides a com- Sincerely, this fall. prehensive approach to ensuring that chil- DAVID P. WHITE, M.D., Seleon Inc., a medical device manufac- dren are not left behind as cutting-edge re- Chief Medical Officer. turing company, strongly supports this bill. search and revolutionary technologies for Thank you for your ongoing support of chil- medical devices advance. Like drugs, where BREAS MEDICAL AB, dren’s health and this important issue. for too long children were treated like small ¨ Molnlycke, Sweden, August 17, 2006. Sincerely, adults, many essential medical devices used Hon. CHRISTOPHER J. DODD, MICHAEL LAUK, Ph.D., extensively by pediatricians are not designed Hon. MIKE DEWINE, President. or sized for children. According to pediatri- Russell Senate Office Building, cians, the development of new medical de- ELIZABETH GLASER PEDIATRIC Washington, DC. vices suitable for children’s smaller and EAR ENATORS ODD AND E INE AIDS, FOUNDATION, D S D D W : On be- growing bodies can lag 5–10 years behind Washington, DC, April 17, 2007. half of Breas Medical, I would like to thank those for adults. S. 830 improves incentives Hon. EDWARD KENNEDY, you for your efforts to expand the avail- for devices for small markets—while still U.S. Senate, ability of medical devices for children. We preserving the ability to ensure the safety of Washington, DC. appreciate your long-standing leadership on new products once on the market. It provides Hon. CHRISTOPHER J. DODD, behalf of children and welcome your interest assistance to innovators, streamlines regu- U.S. Senate, in ensuring that they are not left behind latory processes and elevates pediatric de- Washington, DC. when it comes to critical medical advances. vice issues at the Food and Drug Administra- Hon. MICHAEL B. ENZI, Our devices were developed in Europe and tion (FDA) and the National Institutes of U.S. Senate, are available for home use in the pediatric Health. population there. We have partnered with Washington, DC. companies in the United States, including Hon. HILLARY RODHAM CLINTON, Despite our support for the Chairman’s Sleep Services of America, and now have U.S. Senate, mark, we are disappointed that a key provi- FDA approval for device use in adults. We Washington, DC. sion to make PRIA permanent has been are seeking approval for the use of our de- DEAR SENATORS KENNEDY, ENZI, DODD AND omitted. As this legislation moves to the vices in children where there is a great need. CLINTON: As organizations working to ensure floor of the Senate, we urge you to restore While children and adults suffer from better health care for the nation’s children, the permanent authority of the FDA to en- many of the same diseases and conditions, we write to thank you for your long-standing sure that children have properly studied their device needs can vary considerably. commitment to children’s health and to ex- medications as a matter of fact, not chance. Cutting-edge research and revolutionary press our support for legislation to reauthor- We are grateful for your long-standing technologies have led to the development of ize the Best Pharmaceuticals for Children leadership and commitment to improving many innovative medical products, however, Act (BPCA) and the Pediatric Research Eq- the health of our nation’s children and look very few are designed specifically for chil- uity Act (PREA) and to improve children’s forward to working with you toward swift

VerDate Aug 31 2005 02:31 May 03, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.033 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5459 Committee action and passage of these pedi- where previously there was none. I re- their conclusion is this is a pretty atric therapeutic bills by the full Senate. call the debate on this program ten healthy balance between consumer in- Sincerely, years ago very well, the industry said: terests, taxpayer interests, and the American Academy of Pediatrics. Six months is never going to be needs of children. We will see what Elizabeth Glaser Pediatric AIDS Founda- tion. enough; none of us will step up to the happens over the next 4 or 5 years as to AIDS Alliance for Children, Youth & Fami- plate on this. And they really argued whether this is continuing to produce lies. very strenuously for something longer the desired results. I believe it will. I American Academy of Child and Adoles- than the 6 months. In fact, the 6 think we will get that. cent Psychiatry. months has worked well, and almost Here again, based on recent data, American Brain Coalition. all requests issued to drug companies under my proposal, 80 percent of drugs American Pediatric Society. to conduct pediatric trials under this studied under this program will see no American Psychiatric Association. program have been accepted. change in the exclusivity award of 6 American Thoracic Society. Arthritis Foundation. What I have had growing concern months. Again, for the 20 percent of Association of Medical School Pediatric about is the 20 percent of drugs receiv- drugs in the blockbuster category, they Department Chairs. ing exclusivity where the profit real- can receive 3 months of exclusivity. I Children’s Cause for Cancer Advocacy. ized as far exceeded the carrot intended still believe many will go forward, National Association of Children’s Hos- to provide to drug companies. So to given that incentive. pitals (N.A.C.H.). strike that balance between the cost to So respectfully I say to my friend National Organization for Rare Disorders. taxpayers and the benefits to children, from Colorado—we serve on two com- National Research Center for Women and we are saying that where sales of a mittees together and we work well to- Families. gether on a lot of issues here. I respect Society for Pediatric Research. drug being studied under this program exceed $1 billion in prior years, the him immensely. I do not question at all Mr. DODD. Mr. President, let me go company can get 3 months’ exclusivity. his motivations in offering this amend- back, if I can, to my proposal on the I don’t know what the right answer ment. This disagreement is over the Best Pharmaceuticals for Children Act will be on this issue. Neither me nor impact of his language versus the lan- and the objections raised by my col- my colleague from Oklahoma can say guage I have crafted in this legislation league from Colorado to it. Just for the with absolute certainty. But I recall as part of the committee print. record and so we understand what we the debate 10 years ago when many So I urge my colleagues to reject the are talking about, according to a study said 6 months will never be enough. Six Allard amendment and to stick what recently published in the Journal of months has done very well by the in- with what we put together in the un- the American Medical Association that dustry, as it turned out. derlying bill. It is a good balance be- looked at the costs and benefits of So by striking this balance and hav- tween taxpayer interests, consumer in- these pediatric trials. It showed that ing the sunset provision which I terests, and the interests of children the overwhelming majority of drugs strongly support in this legislation— and their families. studied under this incentive program and I have from the beginning—it will Mr. President, I yield the floor. are not blockbusters. allow us to review periodically how we The PRESIDING OFFICER. The Sen- In fact, the study found that less are doing with all of this. ator from Colorado is recognized. than 20 percent were. That leaves 80 There is an increase in Federal Mr. ALLARD. I understand I have 10 percent of drugs completely unaffected spending of $50 million over 10 years as minutes allocated to me. I would like by the underlying bill which the Allard a result of the Allard amendment. I to take 4 minutes and allocate those to amendment seeks to amend. To be can’t invoke a point of order because the Senator from North Carolina. clear, the proposal in the underlying the impact on federal spending is out- The PRESIDING OFFICER. The Sen- bill that would adjust exclusivity from side our current budget window, but ator from North Carolina is recognized. 6 months to 3 months affects less than the Allard amendment comes with a Mr. BURR. Mr. President, let me say, about 20 percent of drugs studied under $50 million pricetag to taxpayers. as Senator DODD finishes, that nobody this program. Using data from this re- I believe this program is working has worked more tirelessly than he on cent study, 80 percent of drugs studied well. We think by adjusting the length behalf of children’s health and specifi- under BPCA—those which do not fall of exclusivity from 6 months to 3 cally as it relates to prescription into the blockbuster category—the 6 months for a limited number of drugs, drugs. He did list a long list of people, months’ exclusivity would remain un- we are striking the right balance. The including taxpayers and so forth. changed. It doesn’t change that at all; 5-year sunset will give us a chance to This is about children, plain and sim- only in cases where there has been over assess the program again and make a ple. It is one group. It is our children, $1 billion in prior year drug sales will judgment: How are we doing here? Are this country’s kids. In 1997, I authored the underlying bill change the exclu- we getting more or less of what we what became the Food and Drug Cos- sivity to 3 months. thought we would in the process? At metic Modernization Act. Prior to This is to strike a balance. Obvi- that time, we will make a judgment that, there weren’t any clinical studies ously, I feel very strongly, having au- again as to how we ought to go for- done for pediatric purposes. It was on thored this legislation, about ensuring ward. the heels of that that Senator DODD that appropriate clinical trials occur to It is not easy to strike these bal- and others created the exclusivity—ex- protect children’s health. Our notion ances. I know my colleagues who have clusivity that Senator ALLARD is not was, when we wrote the legislation 10 engaged in these debates, try to come changing. What we are changing is in years ago, that the 6 months of exclu- up with answers that will satisfy the the base bill and going from 6 to 3 sivity would be the carrot that would various elements and concerns various months. incentivize the industry to go forward. Members have. That is what Mike The reality is that, prior to the en- There were some concerns expressed at DeWine and I did 10 years ago and why actment, we didn’t have companies the time that 6 months wasn’t going to I had such a good partner in this where that were studying the right dosages, be anywhere near enough and that we we struck that balance. Mike was what side effects there were, and would need more exclusivity. Some in under a lot of pressure to have a lot whether it was effective in children. the industry suggested a year or even 3 more than 6 months of exclusivity. I Sure, we had it for adults but not for years of exclusivity. We settled on 6 was under pressure in saying: Why do kids. We have made tremendous months as the appropriate balance at we give them any exclusivity? So we progress. Under this pediatric exclu- the time. compromised on 6 months to see what sivity, though, we would cap it at 3 What happened, of course, is we had happened. We got great results. months. Companies that exceeded a this wonderful explosion of work that I would love to predict with absolute dollar value—we pulled this out of the occurred. It resulted in nearly 800 clin- certainty that what we craft here will sky. Why $1 billion and not $2 billion? ical trials involving more than 45,000 produce those same results. I can’t say If it was $2 billion, why not $4 billion? children, with new pediatric labeling that absolutely. But based on the anal- Why not $100,000? The reality is that information on more than 119 drugs yses of others who have looked at this, none of us knows. There is no expert

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.037 S02MYPT1 ccoleman on PRODPC74 with SENATE S5460 CONGRESSIONAL RECORD — SENATE May 2, 2007 who can tell us what is the right we know, and perhaps we know what proceed for 2 minutes. I yield myself 1 amount of incentive needed for a com- the reaction may be in humans or minute and 1 minute to the Senator pany to go through the types of trials maybe in some other species, where the from Wyoming. to get these indications for kids. Why? drug company has done the research to The PRESIDING OFFICER. Without Because every drug is different, and, reflect what the adequate dosage is, objection, it is so ordered. more importantly, every child is dif- and we extrapolate that and predict as Mr. KENNEDY. Mr. President, for ferent. So if we are going to err, I sug- best we can what the reaction and how the benefit of the membership, we are gest that we err on the side of what has effective that drug may be at a certain having a good, substantive debate this worked. Eighty-seven percent of all pe- dosage. morning. We are going to vote on this diatric drugs have pediatric indica- I think our children’s health is too amendment in a few minutes. tions. It has been the carrot of 6 valuable to put a physician in a posi- Because of the meetings of the lead- months. tion where they have to make those ership at the White House, we will not Members will come to the floor and sorts of subjective evaluations. I hap- be able to have votes until 4 o’clock vote for or against the Allard amend- pen to believe the incentives we put in this afternoon. That doesn’t mean that ment. I believe it is crucial that if we place a decade ago are working. That Senator ENZI and I are not prepared to err, we err on the side of what already belief is substantiated by people who move ahead in lining up some other has worked and what continues to have looked at the program—the Best amendments. We have that intention. After this vote, the next vote will be work. If Senator DODD prevails, I hope Pharmaceuticals for Children Act—and at 4 o’clock. If there are those who he is right. I hope he is right because what happened as a result of that. I am have additional amendments, we ask we won’t know, until this bill sunsets, not the only one who believes that. We them to come over. We are moving whether in fact the incentive wasn’t had a study by the GAO, whose respon- along. We have several items that are great enough for companies to go sibility it is to look at programs to see almost complete, which we will in- through this process to find out the in- whether they are working. They give clude. If there are any final amend- dications for children. this program a strong A. It is working. ments, we hope Senators will be in The people who will suffer because of I don’t think we ought to be messing touch. our willingness to arbitrarily change with a program that has worked. Three I thank my friend and colleague from will be the kids. That is the same months may be adequate, but there are Wyoming for his good cooperation and group I started with—the ones we a lot of other drugs that we have to for making progress on a very impor- should be solely focused on. It was the still get on the market. tant bill for the health and safety of kids when this was created 10 years Several years back, during the American families. ago; it should be the kids today. If we Reagan administration—and it might The PRESIDING OFFICER. The Sen- are going to err, let’s err on the side of have been President Reagan who said ator from Wyoming is recognized. the kids and not use this as a way to it—there was a general belief in Wash- Mr. ENZI. Mr. President, I, too, en- potentially alter the profitability of an ington that if it is making a profit, courage people to get their amend- industry or a given company. Let’s let’s tax it; if it is working, let’s regu- ments to us, so we can talk about the make sure that the true beneficiary of late it to death. Here is a program that amendments. The amendment process the work of this body is in fact the is working because we have backed off is a difficult thing around here because children of this country. on the rules and regulations. I don’t it doesn’t allow for some of the tweaks I thank the Senator from Colorado think we ought to be making a deci- noticed by people who have expertise in for yielding me the time. sion, in light of the work that has yet that area. If we get to talk about them I yield the floor. to be done in moving pediatric medica- first, sometimes there can be modifica- Mr. ALLARD. Mr. President, I join tions to the market, to mess with this. tions to them before they are put in. my colleagues in recognizing the fine Maybe 10 years from now it might be We want to move this along and have work that Senator DODD has done in even more appropriate; I don’t know. some things to vote on at 4 o’clock the area of children and children’s This is, to a certain degree, subjec- today. I hope everybody will cooperate health. He recognized one decade ago tivity. I think we have a huge need in on it. how important it was to have incen- making sure we have adequate medica- I thank Senator KENNEDY and his tives in place for drug companies to tions available to treat children. staff and my staff who have been work- properly label drugs so they are avail- I agree with many of my colleagues ing together with anybody who has an able and a physician has some guidance that we should not be messing with a amendment. They were working at 3 when they are putting therapy out. program that works, and we need to and 4 o’clock this morning on different I particularly thank Dr. COBURN for support this. I also wish to point out things, trying to get them ironed out bringing a message to the floor that re- that this doesn’t have an impact. There so that it would be possible to move flects his practical experience, in a pe- is not a budget point of order on this the bill forward. riod of time when there weren’t a lot of particular amendment. It doesn’t add Mr. President, what’s wrong with drugs specifically labeled for children, to the deficit of this country. So it is a limiting exclusivity for blockbuster to help him establish the proper dosage program we can move forward on, with- drugs? It is the exact opposite of what and to be aware of the side effects that out increasing the cost to the Federal we should do. The whole point of the may happen to various age groups. Government. law is to leverage the large adult mar- Also, I thank the Senator from North I hope my colleagues will join me in ket for the benefit of the smaller kids’ Carolina for his comments. supporting this most important amend- market. The effect of the cap will be to I think I bring a certain degree of ment because it is very important, it is discourage companies from studying practical experience to this debate as a important to the practitioner who is the effects of the most-widely used veterinarian. We are frequently put in trying to provide the best care that sci- drugs on kids. Seventy-five percent of a position where we have to rec- entists will allow him to provide to pa- the drugs are not being studied under ommend drugs for therapy without tients—in this case, children. If we the current incentive. We need more having had research done. You have to don’t keep these choices available for studied, not less. extrapolate what you think might hap- the practitioner, then what happens is Are not companies only studying pen. The drug companies will do re- he doesn’t have the options he should blockbuster drugs that make the most search on those products on which they have to give the best care to our chil- money, not the drugs needed most in can make a profit. I am talking about dren? kids? No. According to a Tufts Univer- veterinary prescription drugs right So for our children’s health in the fu- sity study, only about 10 percent of now. There is a plethora of medications ture, I think we need to pass this drugs with pediatric exclusivity are available in the human market. Many amendment and go back to current blockbusters. GAO says most products times, in treating eye conditions or law, which has been working so very obtaining exclusivity have annual sales some exotic problem in a species where well for us today. of less than $200 million. there isn’t much of a market, we have Mr. KENNEDY. Mr. President, I ask Do companies get to choose the drugs to take the scientific literature that unanimous consent that we be able to they study? What is to stop companies

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.025 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5461 from ‘‘cherry picking’’ to make money, Mr. LOTT. The following Senators is produced in Ireland, and it is sent not help kids? No drug is eligible for are necessarily absent: the Senator from that production point, in a plant, pediatric exclusivity unless FDA re- from Kansas (Mr. BROWNBACK), the by the way, that is approved by our quests, in writing, a pediatric study of Senator from New Mexico (Mr. DOMEN- Food and Drug Administration. We in- the drug. FDA’s decision is based on ICI), and the Senator from Arizona (Mr. spect that plant, as we do others. So whether more information about safety MCCAIN). they produce an FDA-approved drug— and efficacy for children is necessary. The PRESIDING OFFICER (Mr. this drug has been approved—in a plant Doesn’t the Duke/JAMA study dem- MENENDEZ). Are there any other Sen- in Ireland that has been inspected by onstrate that 6 months of additional ators in the Chamber desiring to vote? the FDA. These two bottles of medicine exclusivity is a windfall? It’s been said The result was announced—yeas 41, containing Lipitor, 20 milligrams, iden- that a cynic is someone who knows the nays 53, as follows: tical bottles with a difference in color, cost of everything, and the value of [Rollcall Vote No. 148 Leg.] are sent to two different places in this nothing. That applies here. The Duke/ YEAS—41 case but sent to many places around JAMA study concluded that the finan- Alexander DeMint Martinez the world. This one is sent to the cial benefit of exclusivity for block- Allard Dole McConnell United States to be sold to consumers buster drugs often exceeded the cost of Bennett Ensign Murkowski in the United States that want to lower the pediatric study. This completely Bond Enzi Roberts Bunning Graham their cholesterol. This one is sent to misses the point. This law is not about Sessions Burr Grassley Shelby consumers in Canada for those Cana- micromanaging drug company profits. Chambliss Gregg Smith dians who wish to take Lipitor to lower It’s about helping kids. In fact, the Coburn Hagel Specter their cholesterol. Cochran Hatch Stevens very last sentence of the study reads: Coleman Hutchison There is a difference. Oh, not in the Sununu ‘‘Clearly, however, the greatest return Corker Inhofe medicine, not in the bottle, and not in Thomas Cornyn Isakson the instruction. What is the difference? of the exclusivity program is the ben- Voinovich efit derived in obtaining new informa- Craig Kyl The American consumer is told: You Crapo Lugar Warner tion relevant and applicable to the care have to pay twice as much. Let me say of children, and this benefit should not NAYS—53 that again. The difference is the price. be compromised.’’ Akaka Feinstein Nelson (NE) The Canadian consumer is told: You Companies can spend only a few mil- Baucus Harkin Obama pay half the price. The American con- Bayh Inouye Pryor lion dollars on a study and get many Bingaman Kennedy Reed sumer is told: You pay double the millions in return. Shouldn’t the re- Boxer Kerry Reid price. ward be equal to the amount spent on Brown Klobuchar Rockefeller Now, I use the Lipitor as an example studies? The incentive is designed to Byrd Kohl Salazar only to describe a very significant Cantwell Landrieu Sanders raise the priority of pediatric studies Cardin Lautenberg problem. We have price controls on Schumer Carper Leahy among all the competing research pri- Snowe prescription drugs in this country. Casey Levin orities for drug development within Stabenow Those price controls are not estab- Clinton Lieberman companies. Just covering the cost of Collins Lincoln Tester lished by the Government. They are the studies will not do it—the drug Conrad Lott Thune not established by the Congress. These company knows it can put those same Dodd McCaskill Vitter price controls are imposed by the phar- Webb Dorgan Menendez maceutical industry. dollars into the development of a drug Durbin Mikulski Whitehouse for adults that will earn much higher Feingold Nelson (FL) Wyden I have a problem with the pharma- ceutical industry saying to the Amer- profits. Incentives work by making pe- NOT VOTING—6 diatric study more attractive than ican consumer: We have a deal for you; Biden Domenici McCain we want you to pay the highest prices other studies for drug companies. Brownback Johnson Murray Aren’t windfall profits unfair? No. in the world for prescription drugs. We The benefits to kids, and to society in The amendment (No. 982) was re- are going to sell them all over the general, from pediatric studies far out- jected. world: Italy, Japan, Germany, France, weighs the cost. Mr. DODD. Mr. President, I move to China. We are going to sell our pre- What are workability issues with the reconsider the vote. scription drugs, and in almost every exclusivity cap? FDA says the cap has Mr. KENNEDY. I move to lay that circumstance, in other countries, we ‘‘serious workability issues.’’ It is un- motion on the table. are going to give them a lower price. clear how FDA will obtain the right The motion to lay on the table was But to you consumers in the United type of sale data or how the data’s ac- agreed to. States, we say: You pay the highest curacy can be verified. FDA would AMENDMENT NO. 990 prices. spend lots of time litigating the valid- The PRESIDING OFFICER. The Sen- Let me give you a couple of exam- ity of exclusivity decisions, and less ator from North Dakota. ples, and I will use Canada, but I could time making drugs safe for kids. Mr. DORGAN. Mr. President, I of- be using any number of countries Why shouldn’t we restrict excessive fered an amendment yesterday that a around the world. Lipitor. We pay 96 drug company profit? The problem is number of my colleagues have spoken percent more. Plavix, 46 percent more. not excessive profits. The problem is on, both in favor and against. When I Prevacid, 97 percent more than if you that most drugs aren’t tested for kids. laid down the amendment yesterday, I were to buy it in Canada. Zoloft, 52 per- It is wrong to play the politics of drug did not speak on it, so I wish to take cent more. It goes on and on. pricing at the expense of kids. some time to describe what the amend- I said yesterday that I actually sat Mr. ALLARD. Mr. President, I ask ment is, why it is important, and why on a bale of straw on a farm talking to for the yeas and nays. those who have spoken against it are a bunch of folks, and there was a fellow The PRESIDING OFFICER. Is there a wrong. in his 80s sitting on a straw bale talk- sufficient second? There is a sufficient Let me describe, first of all, what the ing about life and things, and he said: second. amendment is about, and let me do it, You know, Mr. Senator, my wife has The question is on agreeing to the if I might, by asking unanimous con- been fighting breast cancer for 3 years. amendment. sent that I be allowed to show on the Every 3 months, we have driven to Can- The clerk will call the roll. floor of the Senate two bottles of medi- ada to buy Tamoxifen because we save The assistant legislative clerk called cine. 80 percent by buying Tamoxifen to help the roll. The PRESIDING OFFICER. Without my wife fight her breast cancer—we Mr. DURBIN. I announce that the objection, it is so ordered. save 80 percent by buying it in Canada. Senator from Delaware (Mr. BIDEN), Mr. DORGAN. Mr. President, these So every 3 months, for 3 years, we have the Senator from South Dakota (Mr. two bottles of medicine contain been driving back and forth to Canada JOHNSON), and the Senator from Wash- Lipitor. Most people know about because it is the only way we can af- ington (Mrs. MURRAY) are necessarily Lipitor. It is a cholesterol-lowering ford that drug. He said: How do you absent. drug. This particular prescription drug justify that? How do you explain the

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.009 S02MYPT1 ccoleman on PRODPC74 with SENATE S5462 CONGRESSIONAL RECORD — SENATE May 2, 2007 difference in price? I said: I can’t. It forth across the border, those who can asking for five, just one reason. I can’t doesn’t make any sense to me. get there by car. Most Americans believe there is one person on the floor I don’t come here to be critical of the can’t, but most are bringing prescrip- of this Senate that has the ability to pharmaceutical industry, I come here tion drugs back across the border for a construct one thoughtful reason in sup- to be critical of their pricing policy. 3-month supply. This makes that even port of that policy. Their pricing policies are unfair to the safer. Let me put in the RECORD a letter the American consumer. Yes, the pharma- I am going to go through a number of AARP has written yesterday. Let me ceutical industry produces miracle the safety areas here, but first let me read a little bit of it: drugs; a fair amount of them are pro- say this. I understand that the pharma- On behalf of the AARP’s more than 38 mil- duced with research we pay for through ceutical industry wants to continue its lion members, we urge you to support the the American taxpayer at the National pricing policies. I understand that. It is Dorgan-Snowe importation amendment. This Institutes of Health. Others are pro- perfectly understandable. I have some amendment provides for the safe, legal im- portation of lower price prescription drugs duced with the research and develop- differences with them. from abroad. ment done by the drug industry them- In the morning, perhaps while you In the quest for lower-priced prescription selves. But I would say that miracle are brushing your teeth or shaving, drugs, many Americans are already import- drugs offer no miracles to those who getting ready for work, you might turn ing prescription drugs from abroad. [The can’t afford to buy them, and that is on the television and what do you hear Dorgan-Snowe] amendment would create a the point. them saying on television? They say, framework for the safe, legal importation of What is fair pricing for pharma- well, you need to go talk to your doc- prescription drugs that will better protect ceutical drugs, and why is it so unfair tor. You are brushing your teeth and the health and pocketbooks of those des- perate for lower-priced prescription drugs. at this point to the American people? I thinking, why on Earth should I go We are also very pleased to see that the introduced a piece of legislation with talk to my doctor? Because the tele- [Dorgan-Snowe] amendment includes a num- many of my colleagues, and let me read vision advertisement says that you ber of safety requirements including inspec- a list of the bipartisan cosponsors, Re- need to see if the little purple pill is tions and measures to prevent the counter- publicans and Democrats, who spon- right for you. You need to ask your feiting of imported drugs. sored the legislation that we intro- doctor whether you ought to take the I ask unanimous consent that the en- duced in this Congress, the very legis- purple pill. I don’t know what the pur- tire letter be printed in the RECORD. lation I have now offered as an amend- ple pill is, but you get this urge that There being no objection, the mate- ment to this bill. Let me go through a you think, maybe I should go ask rial was ordered to be printed in the list of some of the names. Myself, Sen- somebody. If everybody is taking the RECORD, as follows: ator SNOWE, Senator KENNEDY, Sen- purple pill, maybe I should find out if AARP, ators STABENOW, BINGAMAN, FEINSTEIN, the purple pill is right for me. Maybe it April 30, 2007. NELSON, KOHL, SCHUMER, INOUYE, is right for my colleague from Wyo- Hon. BYRON DORGAN, BROWN, SANDERS, Senators GRASSLEY, ming or West Virginia. Maybe we all U.S. Senate, Washington, DC. MCCAIN, SPECTER, COLLINS, DURBIN, ought to be taking the purple pill. I DEAR SENATOR DORGAN: AARP is pleased to PRYOR, LEVIN, LEAHY, TESTER, CONRAD, don’t know. endorse your importation amendment to S. MCCASKILL, JOHNSON, CASEY, BOXER, If they ever describe what the purple 1028, the Prescription Drug User Fee Amend- SALAZAR, CLINTON, LINCOLN, FEINGOLD. pill does, they also have to then de- ments of 2007. Your amendment will provide Thirty-three sponsors for this legisla- scribe what the potential risks might for the safe, legal importation of lower- tion that I have offered as an amend- be of the pill. But in most cases, the priced prescription drugs from abroad. We ment here today. TV just says, go talk to your doctor to applaud your continued leadership on this Let me now begin to describe a few of see if it is right for you. So we have a important measure to help reduce prescrip- lot of advertising going on, and we dra- tion drug costs. the opponents’ arguments and then re- Brand name prescription drug prices con- spond to them. My colleague, Senator matically increase the use of prescrip- tinue to rise at unsustainable rates. AARP’s COCHRAN, came out and offered an tion drugs. Go talk to any doctor and latest Rx Watchdog report released in March amendment that says in order for this ask them if patients are coming to 2007 found that manufacturers’ prices for to be effective, the Secretary would them and telling them what kind of nearly 200 of the brand-name medications have to certify that it poses no addi- prescription medication they want to most commonly used by older Americans tional risk to the public health and take because they heard it on tele- rose 6.2 percent in 2006—nearly twice the 3.2 safety. Well, that is an amendment vision. Go ask a doctor, and I tell you percent rate of general inflation. These pre- what the doctor will say. Absolutely. scription drug price increases particularly that is designed to kill the bill because burden the tens of millions of Americans the Health and Human Services Sec- Of course, these are medicines that who lack access to affordable prescription retary will not certify to anything. you can only get because a doctor has drug coverage. Does anyone think the Health and said you need them and, therefore, I In the quest for lower-priced prescription Human Services Secretary or the FDA prescribe them. Television advertising drugs, many Americans are already import- or anybody is going to certify that the is creating a demand. I am not here ing prescription drugs from abroad. Your chicken feed served to 3 million chick- with an amendment on television ad- amendment would create a framework for ens with contaminated material from vertising, but I am observing that the safe, legal importation of prescription every morning they ask whether the drugs that will better protect the health and China, which now goes into our food pocketbooks of those desperate for lower source that humans are eating in this purple pill, or whatever other medicine priced prescription drugs. We are also very country today, that poses a risk? Or they are talking about, is right for you pleased to see that your amendment includes how about we say that we want them and that you ought to be visiting with a number of safety requirements including to certify that the vegetables imported your doctor about it. inspections and measures to prevent the into this country from Mexico pose no In addition to the issue of demand, counterfeiting of imported drugs. additional risk? Does anyone think there is the issue of pricing. I don’t We believe the phase-in set forth in your amendment will enable better management anybody is going to certify to that? Do know. Somebody doesn’t have to give me five reasons or three reasons or of those important new activities. It is im- you, really? portant that any importation system begin I could go on at great length. Does even two reasons. I want somebody to with Canada. However, ultimately in order anybody know of any circumstance in give me one reason, just one, that says to be sustainable, any importation system which any part of our food supply is we think it is perfectly defensible that would have to go beyond Canada. Finally, no certified by anybody saying that the the American people ought to be importation system could function if enti- import of this poses no additional risk? charged the highest prices for prescrip- ties (particularly pharmaceutical manufac- No. So this is an amendment designed tion drugs. Or in the specific case I turers) were allowed to shut off or manipu- to make this inoperative. mentioned, we think it is perfectly de- late supply of their product. Your amend- What my amendment does is actually fensible that the American consumer ment grants the Federal Trade Commission the authority to prevent such abuse. make our drug supply safer with re- taking Lipitor ought to be charged We understand that there may be attempts spect to the importation. Because the twice as much as the Canadian con- to limit consumers’ ability to import pre- fact is people are now going back and sumer. Give me one reason. I am not scription drugs by attaching a certification

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.028 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5463 requirement to your amendment. AARP be- have to certify that all those drugs are safe. billion of that savings is to the Amer- lieves that your amendment strikes the That’s an impossible thing. If Congress ican consumer. Is that an illusion? No, right balance between providing a workable wants to import drugs, they should take that that is the score we have. system of importation while at the same provision out, because the Secretary of We come to the floor of the Senate time ensuring the safety of imported phar- Health and Human Services cannot certify and the question is asked: Whom do maceuticals. Thus, we believe that any that all drugs coming into America are safe. you stand for? Whom do you stand amendment that would require Administra- Let me tell you something about tive certification in any form would be noth- with? Some will say: You know what, ing more than an attempt to prohibit the im- Tommy Thompson. I like Tommy we believe—they will not say that. I do plementation of an importation system. We Thompson. He was a Governor from not believe they will stand and say: We oppose such a change to your amendment. Wisconsin. That’s a guy with spirit. I believe the current surprising strategy As you know, our members widely support kind of like him. In fact, I think he is legislation that would allow for the safe, is right, by which Americans are thinking about running for President. I charged the highest price. I don’t think legal importation of prescription drugs. They probably will not vote for him because have expressed strong interest in knowing they will say that. I think what they how their elected officials vote on key issues I am going to vote for a Democrat in will see is we think there are serious that affect older Americans. As part of our this coming election, but I like Tommy safety issues with this. ongoing effort to let our members know of Thompson. Do you know what he said Let me again refer back to the expert action taken on key issues, we will be in- to me at the elevator, right outside who would perhaps know more about forming them how their Senators vote on this Senate door after he left Health this than any other American. I have your amendment when it comes to the Sen- and Human Services? He was getting heard things read on the floor of the ate floor. off the elevator as I was coming on the We look forward to working with you and Senate by the assistant this or the as- your colleagues on both sides of the aisle to elevator, and I had been down to see sistant that. The last assistant we had enact this needed legislation. If you have him about this issue of reimportation come over to a hearing I held had not any further questions, please feel free to con- of prescription drugs. I said: Secretary even read the bill. That is some assist- tact me, or have your staff contact Anna Thompson, why don’t you work with us ant. At any rate, we don’t have to Schwamlein Howard of our Federal Affairs to get this done? staff at 202–434–3770. worry about assistants. Let’s worry He said: I can’t. about Dr. David Kessler, who I think is Sincerely, He explained there are lots of things WILLIAM D. NOVELLI, the preeminent authority. He said we Chief Executive Offi- going on, including the White House can do this; we can do this, and it will cer. makes the call on this policy, et make the drug supply in this country Mr. DORGAN. It is interesting to me cetera. At any rate, after he left as safer. that those who have spoken against Secretary of HHS, he was coming off an I wish to talk about the issue of safe- this come to the floor of the Senate elevator out here and I was getting on ty. It is not as if prescription drugs are with the specter of counterfeiting. the elevator. We said hello. I like him. not coming into this country from Counterfeiting exists at this point. My I think he was a good Secretary. other countries. They, of course, are. amendment will make it less likely. He turned around and said to me: Our pharmaceutical industry, and oth- This puts in place the very safety fea- BYRON, he said, keep going on that im- ers, manufacture all over the world and tures and the very capability to try to ported drug issue. You are right about then they ship these drugs into our shut that down. But if they are talking that. You are right about that. country to be sold here. But there is a about counterfeiting that is existing That is after he left office. He comes law that prohibits anyone other than now, it is existing without these kind from Wisconsin. He knows. That is a the manufacturer to ship them in. of safety precautions on importation. State that borders Canada. He knows Lipitor is made in Dublin, Ireland; Let me describe a man, a very coura- his constituents are able to just go Nexium is made in France; Tricor is geous man named Dr. Peter Rost. He miles up into Canada and seek pre- made in France; Actos is made in came to testify at a hearing we held on scription drugs for a fraction of the Japan; Vytorin is made in Singapore the subject of reimportation. Peter price. and Italy and the United Kingdom. Rost was responsible for a region in Let me respond for a moment to this Those are pills made elsewhere, the northern Europe where they did this issue of safety because my colleague medicines are made there and they are routinely. They had an approach in Eu- from Mississippi and others have spo- shipped here. Are they safe? Sure. I be- rope called parallel trading. If you are ken about it. David Kessler, he served lieve they are safe. I believe we have an in Germany and want to buy a pre- for 8 years as FDA Commissioner. He is enormously safe drug supply, despite scription drug in France, that is not a a terrific public servant. In my judg- the fright that is discussed on the floor problem. If you are in Italy and want ment, there has been none better than of the Senate about counterfeiting. to buy a prescription drug in Spain, Dr. Kessler over at the FDA. Here is Is counterfeiting an issue? Sure, it is. that is not a problem. They have done what he said: It has nothing to do with this subject. this for a couple of decades. Dr. Peter [The Dorgan-Snowe bill] provides a sound Counterfeiting exists now and we have Rost was in charge of a region in framework for assuring that imported drugs to take action and steps to fight it and northern Europe. He said: are safe and effective. Most notably, it pro- we should fight it aggressively. But the I never once—not once—heard the drug in- vides additional resources to the agency to fact is, this legislation that we intro- dustry, regulatory agencies, the government run such a program, oversight by the FDA of the chain of custody of imported drugs back duce has a range of safety features that or anyone else saying that this practice was will guarantee the safety of FDA-ap- unsafe. And personally, I think it is outright to FDA-inspected plants, a mechanism to re- derogatory to claim that Americans would view imported drugs to ensure that they proved prescription drugs that are im- not be able to handle reimportation of drugs, meet FDA’s approval standards, and the reg- ported into this country. when the rest of the educated world can do istration and oversight of importers and ex- First of all, we provide that only this. porters to assure that imported drugs meet FDA-approved medicines with a ‘‘chain those standards and are not counterfeit. This from Dr. Rost. He actually paid of custody’’ will be sent into this coun- a price for speaking out and speaking Let me make one with respect to try. Dr. Mark McClellan, who used to the truth. He actually was working for this. A couple of my colleagues stood head the FDA, and I was very critical Pfizer Pharmaceuticals at the time. He on the floor and said: Well, you would of him because he continued to speak has had a little problem with his em- create a giant bureaucracy in order to as if he represented the pharmaceutical ployer, but that is another story per- do this. That is interesting. The Con- industry instead of regulating it as haps for another day. But Dr. Rost said gressional Budget Office actually head of the FDA, he and I had substan- it right, in my judgment. scored this bill we have introduced. Do tial differences, but even he said the Let me, if I might, show this quote you know what the score was? This will chain of custody in Canada is safe, al- from Tommy Thompson, former Health save $50 billion in a 10-year period. most identical to the chain of custody and Human Services Secretary. He Mr. BYRD. With a ‘‘b’’? for prescription drugs in the United says: Mr. DORGAN. With a ‘‘b,’’ $50 billion; States. The law is this: In order to import drugs just over $5 billion of that savings is to If that is the case, and he said it, from any country, and especially Canada, I the Federal Government; just about $45 then tell me with respect to this risk,

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.011 S02MYPT1 ccoleman on PRODPC74 with SENATE S5464 CONGRESSIONAL RECORD — SENATE May 2, 2007 I go to a little one-room drug store in dressed those safety issues in this leg- not want the pharmaceutical industry Emerson, Canada, with a woman islation. Yet if you listen to the oppo- to succeed. There are those who also named ‘‘Sylvia’’ and a number of other nents who stand on the floor of the say, in addition to safety and other senior citizens. We take a little bus up Senate with the talking points, there issues, they will say, all right, if you to a one-room drugstore in Emerson, are safety and security issues and all do not allow a pricing policy that Canada, and they bring their prescrip- these issues—I mean I have gotten the prices prescription drugs at the highest tions. talking points, too, from the pharma- level for the American consumer, it That drug store has a licensed phar- ceutical industry. Heck, if I were in will mean less research and develop- macist, as the drug store a few miles their position, I would want to keep ment by the pharmaceutical industry. south of the border has, a licensed this situation as long as possible. You The fact is, more research and devel- pharmacist and a chain of custody have a good deal, don’t give it up. opment has gone on in other countries from the drug manufacturer to the But one of my colleagues yesterday, in which they charged lower prices for wholesaler to the retailer to the drug speaking on the floor, said: The people the same prescription drugs. So how store. We go to that drug store and who are offering this amendment—and does that hold water? It does not. My Sylvia and her friends buy prescription again this amendment goes from Sen- hope is, at long last, perhaps, this Sen- drugs at a fraction of the price they ator KENNEDY to Senator MCCAIN to ate will stand up for the interests of would have bought it in Fargo, ND, Senator GRASSLEY to Senator the American consumer. At long last, that morning. Tell me, is there a risk STABENOW back and forth, Republicans we can put to bed these specious argu- in that transaction? The answer is no. and Democrats. One Senator, one of my ments about safety because they are Don’t represent there is because there colleagues, stood up and said there are not applicable. Read the bill. These ar- is not. political motives. guments about safety are not accurate. The chain of custody is nearly iden- I said I hope you don’t mean that, Let’s put to bed this connection be- tical. I am speaking now of Canada. and I hope you will withdraw that. This tween counterfeiting. It is not accu- Tell me there is a risk and you are is a thoughtful serious debate. There rate. Let’s also stop talking about how wrong, there is not. are plenty of people who feel strongly this would shut off research and devel- All the protestation on the floor of in opposition to my amendment. Fine. opment. That is not accurate. the Senate on this issue is protestation But then you should stand and debate Let’s talk about what this bill would in support of the pharmaceutical indus- the proposition that you support. We do, what this piece of legislation, this try. I like the industry. I have been support the current situation. We sup- amendment we have now offered is. It helpful to them. I support research and port the circumstance in which a pric- would save about $50 billion over 10 development tax credits to find new ing policy that prices the prescription years, $5 billion a year. It would prob- prescription drugs. I have done a num- drugs higher for the U.S. consumer is ably require the drug industry to re- ber of things to say I want us to be able already with us. That ought to be the price for sure because, the fact is, if to have a successful pharmaceutical in- proposition you stand and support. they are pricing at the highest levels dustry in this country. But I am not You ought not stand and say there to the American people, and they say willing to go so far as to say it is OK are significant safety issues here be- that is the only way they can recover to me, I will be quiet if you decide the cause that is not the case. It is not. their costs, perhaps others ought to be pricing strategy is we are going to There is much to say, and a number paying more to recover costs. I don’t price our prescription drugs at the of my colleagues will continue to de- know. I am saying that the industry, I highest prices for the American con- bate this issue. My own view is this is believe the top seven U.S. pharma- sumer. I will not sit in this chair and a hard issue to get passed on the floor ceutical companies, a couple of years say it is fine with me. It is not, and of the Senate. I say that having had ago made $34 billion together. The in- that ought not be fine for any Member some experience with it. dustry has done very well. But there of the Senate. It should not. I must say I admire the pharma- are a whole lot of folks in this country Mr. BYRD. No. No. ceutical industry. They have been who haven’t. Mr. DORGAN. Let me make some tough opponents. They feel strongly It was about 9:30 one night in a tiny comments on safety. One-quarter of about their profitability. They say a town north of Highway 2 in North Da- the prescription drugs taken in this couple of things. No. 1, this is unsafe. kota. I had a town meeting. At the end country are produced outside this It is not. No. 2, it would somehow exac- of the town meeting, an older woman country in foreign manufacturing erbate counterfeiting. It will not. came up to me, and she was probably in plants. In the last 5 years, the FDA has Counterfeiting now exists. We need to her early eighties. She said: Mr. Sen- inspected more than 850 foreign drug address that, but this would in many ator, may I speak to you? I said: Sure. factories in 41 different countries. The ways make the supply of drugs safer. She grabbed my elbow with her hand. drug industry wants to take advantage They say a number of other things they She began to speak. Her eyes welled up of the global economy to manufacture believe—that this would cause the with tears and her chin began to quiv- their drugs in lower cost countries, but American people to change their buy- er. She said: I am in my eighties. I they do not want a licensed U.S. phar- ing habits in ways that would be don’t have much money. She said: I macist and drug wholesalers to be able unhelpful to them. They believe you do have got heart disease and diabetes. to take advantage of the global econ- not have a chain of custody that you My doctor prescribes medicines for me omy to get the best price for the Amer- can control or see that is transparent. that are too expensive. I cannot afford ican consumer. That is not true. them. Is there any way you can help Let me say that again. The pharma- You know, I mentioned earlier about me, Mr. Senator? Is there a way you ceutical industry wants to take advan- this issue of the industry itself. I want can help me? tage of the global economy for the pur- the pharmaceutical industry to suc- This woman, with tears in her eyes, pose of their manufacture and profit- ceed. They succeeded. This has been a was asking: Is there someone who can ability, but they do not want a licensed very successful industry. They have help me manage this disease of mine U.S. pharmacist or licensed wholesaler made a great deal of money. But on because I cannot afford these medi- to be able to access those same drugs this issue of research and development, cines? from a licensed wholesaler or phar- I want them to engage in research and We have taken steps to try to be macist in another country in order to development. We are doing it here in helpful. I might say that some in the pass along lower prices to the Amer- the public sector of the NIH. We turn drug industry have taken steps by of- ican consumer. I do not think that is that material over to the pharma- fering programs to low-income people. right. ceutical industry. They do research It is not enough. But I commend those We have addressed all the issues that and development. Good for them. They who have and recognize it. But we have been raised by two former Secre- spend a massive amount of money on should not have to do that in this coun- taries of Health and Human Services, promotion and development. I think try. We should not have the highest saying in order for me to certify, we that is of some concern for a number of prices for prescription drugs. We should need to have this and that. We have ad- people, but I am not here saying I do not have an 80-year-old woman driving

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.032 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5465 to Canada to pay four-fifths less in cost icine which they needed to keep them Republican Party, former leaders of for Tamoxifen to treat her breast can- alive. At that moment some years the Democratic Party. cer. That should not happen. ago—it may well have changed since Let me tell you, they are hard at So let’s do this. Let’s create a regime then—the cost was one-tenth what it work today. They will be hard at work of safety—which we have done. Wonder was in the United States of America. tomorrow. What they have done suc- about it? Go talk to Dr. David Kessler. The question is a very simple ques- cessfully, year after year after year, is You find a better expert, you tell me tion: How do you have a drug manufac- when an effort comes up in the House his name. We have created a regime of tured by a company, manufactured in and an effort comes up in the Senate, safety here that will work. Then let us the same factory, put in the same bot- they descend like locusts into the of- decide to proceed, as Europe has done, tles, sold in Canada, in some cases for fices of Members of Congress and say: as others have done, to allow the global one-tenth the price that same medicine Don’t vote for change. Keep the status marketplace to work for real people, to is sold in the United States of Amer- quo alive. Make sure the American peo- work for ordinary folks, not only the ica? How possibly can that happen? ple continue to pay the highest prices big interests. The big interests always Now, as it occurs, I am not a great for medicine in the entire world. do well. At the end of the day, when all fan of unfettered free trade. I have very Since 2000—I don’t know if you are of the dust settles, and all of the shout- serious concerns about what our trade supposed to talk about these things on ing is over, guess who almost always policy is doing in terms of throwing the floor of the Senate. I will. Since wins. Yes: Them that’s got is them American workers out on the street, the year 2000, the pharmaceutical com- that gets and I ain’t got nothing lately. moving plants to China and other low- panies have contributed almost $250 I think that was Ray Charles. wage countries. But I am always million in campaign contributions. Let Isn’t that always the case? When the amazed that on the floor of Congress, me repeat that. Since the year 2000, the dust settles, the big interests always when it comes to representing the in- pharmaceutical companies have con- win. Let’s hope when the dust settles terests of multinational corporations, tributed almost $250 million in cam- here tomorrow morning, and we have a people are always speaking about how paign contributions. What this debate is about is not just vote on something that is important, is great unfettered free trade is; it is not whether we are going to lower the cost something that will help a lot of Amer- a problem; American workers going of medicine in this country and save ican people, millions, tens of millions, down the street; workers in China paid billions and billions of dollars for the 30 cents an hour. That is okay. That is hundreds of millions, let’s hope when consumers of our country, for people part of globalization. the dust settles here, ordinary Ameri- with acute and chronic illnesses, for Well, why isn’t it part of cans will say, you know what. We won our seniors; it is also about whether globalization that prescription drug today in the Senate. Hallelujah, we the Congress of the United States is, in distributors and pharmacists can pick won a vote in the Senate. Let’s hope fact, prepared to stand up to the most up FDA safety-approved medicine at a that is the case tomorrow morning. powerful, the greediest special interest fraction of the price they are currently I yield the floor. in the United States of America. The PRESIDING OFFICER. The Sen- forced to pay, and lower the cost of In my view, the time is long overdue ator from Vermont is recognized. prescription drugs in this country very for us to begin to make some funda- Mr. SANDERS. Mr. President, there substantially? Why is that not a proc- mental changes in our prescription is not much I can add to the brilliant ess of globalization that every Member drug policies in this country. The time remarks made by Senator DORGAN. I of the Senate should be supporting? is long overdue for us to lower the think he, in a very comprehensive We should not kid ourselves as to price of medicine for our people, which manner, made clear why the Senate what this debate is about. I think most not only will help people, of course, and this country should move to pre- Americans understand that large mul- pay for their prescription drugs, it will scription drug reimportation. I think tinational corporations have enormous lower the entire cost of health care in he very ably answered the objections power over the Congress. You have big the United States. that we know are sure to come and oil running up recordbreaking profits, We spend far more money per capita made the case as well as could be made. receiving tax breaks and corporate wel- on health care than does any other I want to touch on some personal re- fare. You have credit card companies country on Earth. If we lower the cost flections on this issue. Some years ago, with tremendous power over what goes of prescription drugs, we will have an as the Congressman then from the on in Congress, able to charge Ameri- impact on that. State of Vermont—and I live an hour cans 25, 28 percent usurious interest Tomorrow I will be speaking at and a half away from the Canadian bor- rates. You have insurance companies greater length on this issue, but I der. My State borders Canada. Some blocking national health care efforts so think the arguments are so clear that years ago, I put together what, in fact, all of our American people can have prescription drug reimportation makes turns out to be the very first bus trip health care as a right of citizenship. sense. The idea, as Senator DORGAN has to take constituents over the Canadian But at the top of the list of powerful, mentioned, that somehow we can im- border to buy low-cost prescription greedy special interests, at the top of port tomatoes and lettuce from farms drugs. that list, that very impressive list, in Mexico and in Latin America, that All of us have days which are trans- stands the pharmaceutical industry. is okay, but we cannot reimport pre- formative where something happens we They are at the top. scription drugs from Canada with FDA will never forget, and that is the day I So when you talk about powerful in- regulations, that is impossible, makes will never forget. On that day we took terests, look at the pharmaceutical in- sense to nobody at all. Food coming in a busload of Vermonters, mostly dustry and the impact and the power from China, no problem; FDA-regu- women, many of the women struggling they have in terms of what goes on lated prescription drugs coming from with breast cancer. We went from St. here in Congress. Since 1998, the phar- Canada, oh, my word, it can’t be done. Albans, VT, to Montreal, Canada. I will maceutical industry has spent over $900 Give me a break. Of course, it can be never forget the look on the faces of million on lobbying activities; $900 mil- done. those women who were struggling for lion since 1998. That is more than any What this issue is about is not drug their lives when they bought breast other industry in the United States of safety. What this issue is about is the cancer medicine at 10 percent of the America. profits of the pharmaceutical industry cost they were paying in the State of It is hard to believe, but there are and the enormous power they have Vermont. The drug was Tamoxifen, a now over 1,200 prescription drug lobby- over Congress. Now is the time for us widely prescribed drug for those people ists right here in America, many of to say to the drug companies: You have who are struggling with breast cancer. them right here on Capitol Hill. That dominated what goes on year after These women walked in fighting for amounts to more than two lobbyists year after year. You, in the drug indus- their lives, many of whom did not have for every Member of the House and the try, wrote the prescription drug Medi- a lot of money. They walked in there Senate. They have us well covered. care bill. You have resisted year after and they could not believe, literally These people are paid top dollar as lob- year every effort to reform how we could not believe, the cost of that med- byists. These are former leaders of the price medicine in the United States.

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.033 S02MYPT1 ccoleman on PRODPC74 with SENATE S5466 CONGRESSIONAL RECORD — SENATE May 2, 2007 Maybe the year 2007 might be the mo- In terms of pharmaceuticals, usually vantage to people in the United States. ment in which Members of Congress ‘‘negotiation’’ is the code word for I am ready to admit that. I am ready have the courage to stand up and say ‘‘price fixing.’’ That is what they have to admit if we didn’t have restrictions enough is enough. Let’s support the done in Canada. They have fixed the on ethanol and subsidies in this coun- men and women and children, the sen- price. If you want to be able to sell try, we would bring in a whole bunch of iors of our country. Let’s lower the your drug up there, they will tell you ethanol from Brazil. But we are going cost of prescription drugs. Let’s pass what bid you better come in at and to protect the ethanol. Again, it is a prescription drug reimportation. they are willing to have various phar- different group of people who are talk- I yield the floor. maceuticals bid against each other for ing about that than are talking about The PRESIDING OFFICER. The Sen- the right to enter that fringe market, a drug importation. ator from West Virginia. small portion of what is in the United Let me get back to drug importation Mr. BYRD. Mr. President, thank God States but a potential customer. If you because that is important. The Senator for BERNIE SANDERS, the Senator from can cover your costs and pick up a few from North Dakota several times—in Vermont. Thank God. Sail on, brother. more sales, perhaps you can increase fact, all the time—used to say ‘‘where I thank the Chair. profits. It is a little accounting trick, are all the dead Canadians’’ when he Mr. SANDERS. I thank the Senator. The PRESIDING OFFICER. The Sen- but it happens. But they negotiate the was talking about safety. That is what ator from Wyoming. price. my colleague from North Dakota used Mr. ENZI. Mr. President, I will have There are five drugs for heart that do to come down to the Senate floor and a lot more comments on this bill at a similar things. They make the five say when he was talking about impor- later time. In light of the comments by drugs for heart bid against each other. tation. He always asked that question. the Senator from North Dakota about That means one or two of them will It may have escaped the notice of those the importance of reading the bill, I win the bid. If your doctor prescribed of us in this body that he didn’t ask wasn’t sure that I had read the most one of the other three in Canada, you that question anywhere in yesterday’s recent copy of it. I think I have the are out of luck. The decision by the debate or today’s debate. Why not? Be- most recent copy of it now. It is a fas- doctor is taken away because you will cause two summers ago, five people in cinating 140 pages that is being at- get a good price on the pharmaceutical Hamilton, Ontario, died from taking tached to our 300-page drug safety bill. that may not be quite right for you, counterfeit Norvasc. Norvasc is a blood The reason I am checking it is because but it will be cheaper than what you pressure drug taken by millions upon in the past we have noticed some could have gotten. That is not the way millions of people who rely on it for strong implications for safety problems we work it in the United States. We try their health and well-being. Since so with drug importation, and I want to to have competition between all of the many people take it, it is a target for make sure we are not opening the door different products and hope that brings counterfeiters looking to make a quick for even more safety problems. I had the price down. buck. I know he did say that counter- hoped that the bill on safety wouldn’t There is some positive indication feiting is going to happen anyway. have to get into the safety of imported that it does bring the price down. We Probably. It happens in virtually every drugs, but I can see that is not the di- have the Medicare plan D. When they industry, and there are some countries rection we are going. I am more than did the calculations on how much that that actually specialize in it. But happy to address it. was going to cost, it was considerably imagine opening an opportunity for I am fascinated by the discussion higher than what it actually came in counterfeiters, an opportunity for today because the people who normally at when there was competition among them. are talking about free trade are now the providers, who in some cases rep- In the portions of the bill I have got- talking about some restrictions. That resent more people than Medicare or ten through already, I know there are would be my side of the aisle. Those Medicaid or the veterans and negotiate some pretty tight restrictions on who who normally rail at any kind of open- prices, but they negotiate realizing can be an exporter and who can be an ing of the market to anyplace outside that we are forcing them to provide all importer and how packages will be la- of the United States are the ones who of the pharmaceuticals, not just one or beled and all of those sorts of things. It are supporting this bill. It is kind of a two out of five. If they are providing a is a marvelous effort to try to tighten reversal of situations. plan, they have to provide for the pre- it up so that what you buy is what you I have heard the Senator from North scription drugs. think you are getting. But how many Dakota talk about the way the Cana- When I was doing hearings across of us, when the program was to first dian Government is subsidizing the Wyoming, I had a little surprise almost start, would know what to look for or grain in that country and how that at every meeting that I had to explain even who to order from in order to be gives them an unfair advantage in the Medicare Part D. That was somebody sure the drugs we are getting are safe? United States market and how we have saying: I can’t get the prescriptions I How do you do that? It is a tremendous to be sure that doesn’t happen. Yes, the really want. I was doing all of this pro- opportunity for counterfeiters. We al- Canadian Government subsidizes. Yes, motion before Part D even went into ready have a problem with counter- the Canadian Government gives an un- effect. So I knew something was wrong feiters. There is no way you can write fair advantage to their citizens. On with that kind of a response. It oc- off the counterfeit argument. drugs, the Canadians do some inter- curred to me that maybe those were I ask unanimous consent that I be esting things, too. They are a very veterans. We negotiate the price on able to show some three-dimensional small, limited market compared to the drugs for veterans. That means when objects on the Senate floor, the same United States. the Government is doing it, they have as the Senator from North Dakota. Sometimes in business when you are to say: You know, I don’t think your The PRESIDING OFFICER. Without trying to price things, you say: I could price is low enough so we are just not objection, it is so ordered. pick up a little bit more in the market going to make that available to our Mr. ENZI. I will leave this on the if I changed my price a little bit. But I people. desk so people can take a look at it. am only willing to go after the fringe Did you know that a whole bunch of This is the Norvasc product with which in order to do that. That is kind of veterans are taking prescriptions under the Canadians had a problem. It killed what has happened in Canada. Canada plan D because they can’t get what people. I want Members to take a look has made it a little more difficult for they want under veterans? It is an in- at the packaging. I have the external the drug companies because they say: teresting situation. When you nego- packaging. I have the internal pack- We are going to negotiate the price. I tiate these things, you change some of aging. I have the pills themselves. I love that word ‘‘negotiate.’’ Normally the dynamics and you do not make ev- challenge anybody to see the dif- that means there is a little give and erything available. I don’t think we in ference. We are going to put some spe- take on both sides and some advan- the United States are going to settle cial labels on anything that gets tages that are picked up on both sides for just having some, although if we shipped into the country. I am sure no- in order for the outcome that is de- can tap the cheap one in Canada where body would ever be able to counterfeit rived. they fix the price, that will lend an ad- any labels that were coming into the

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.044 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5467 country. It just couldn’t happen. There right now to make sure it would work, approved drug, but it could easily not are now dead Canadians, and it saddens and it talks about some increased safe- be. In fact, case after case has been dis- me to say that I believe there will be ty with food. Now, food, some of it, covered of adulterated and changed even more. These unfortunate individ- such as tomato packaging, is pretty medication coming into this country uals got their fake pills from a brick- well there. It is not put in another con- under the representation the medica- and-mortar pharmacy. If that is what tainer. It is hard to fake. But there can tion which is being purchased is medi- is happening when you buy drugs in be problems. We had problems with cation which has been approved by the person in Canada, who knows what you spinach in this country. We have a big FDA. So you are basically opening up a might get when ordering from a Web problem with pet food right now, and it massive loophole in the area of safety site that says it is in Canada but could is because of China. for the American citizenry. really be based anywhere in the world. China—how much do you trust them Now, the demand for this comes from In fact, some of the drugs that have with your drugs? We have been trust- the cost of the drugs. People want to be been intercepted by the FDA have ing them with our pet food, and they able to go across the border to Canada, come through Canada but actually are killing our pets. It took a little which is obviously a very sophisticated were from Saudi Arabia. Communica- thing called melamine that increases nation, and buy a pharmaceutical prod- tion worldwide is transparent these the protein count in the food. It does uct there, which costs significantly days. Whom you think you are order- not increase the protein, it just in- less than the same pharmaceutical ing from is not always whom you are creases the protein count. It makes it product may cost in the United States. ordering from. Right now that practice look like a much richer food than it is. That is a natural instinct of the mar- is referred to as hiding the maple leaf. Unfortunately, it kills. Unfortunately, ket economy and of people. But critical I would like to invite my colleagues they have not just been using it in pet to this exercise, of course, is the abil- to visit with me when I am finished my food; they have it in their regular food ity to get a safe drug. remarks. I have these pills I would like chain, and children—young children— If you go across the border, and you them to take a look at. There are other got it, and the children died. When buy a pharmaceutical product which is examples, too. they checked on it, they found out alleged to be one thing, and it turns So anybody who holds up two bottles they died of starvation, even though out to be another thing, the damage it and says, this one is this and this one they had what should have been a good causes you is going to be economically is this, they can’t be sure if the one protein diet. There was a little mel- much more significant than the sav- that is being imported is really from amine in it, and it was starvation rath- ings which you may have accomplished the country they are talking about. It er than poisoning. by purchasing that drug across the bor- has to be a concern. That has to be But if they do that to food products, der. tightened up. There have to be some how much would we worry about drug Also, it should be noted that with the ways people can really tell. products that come in from there? I Part D pharmaceutical program which There is also a difference between we now have relative to Medicare, the whether you are importing for an indi- know there are some limitations on where they can come from, but if they pressure—because pharmaceutical vidual or you are importing for a phar- products are now insured and people re- macy. If you are importing for a phar- get into the European Union, there ceive them under the insurance plan as macy and they get a counterfeit load, does not appear to be any constraint on created under the Part D program, it is not just one person who dies. It is it then, and it could be transferred on which has been an extraordinary suc- the whole community, everybody who over to the United States. So throwing cess to supplying pharmaceuticals, is taking that medication. So there our borders open to drug importation though its cost remains extraor- needs to be some concern with these would, instead, falsely place trust in dinarily expensive for the next genera- things. criminals trafficking in illegal pharma- As I said earlier, we all want to have ceuticals. tion of Americans—but pharmaceutical affordable drugs. We would like to I think the American people deserve products are now available under an in- bring down the cost of medicine every better. I hope we do not make this surance program to most American way that we possibly can. But a coun- move at this point in time, and that we seniors, and, as a result, if you are a terfeit or tainted drug is unsafe at any constrain the bill to those things we senior, one of the people most likely to price. know will add safety to our pharma- use a large number of drugs, and most I want to add another thing on the ceuticals and medical devices and often are on a fixed income and have counterfeit drugs. You can take the things for children in this country. problems purchasing drugs as a result pills and you can grind them up and do I yield the floor. of the fixed income situation—those a chemical analysis of one pill against The ACTING PRESIDENT pro tem- issues were addressed by Part D to a the other, and they will come out iden- pore. The Senator from New Hamp- large degree relative to the senior pur- tical. Now, part of the problem is the shire. chasing drugs; and it did create the an- way you put these together to make Mr. GREGG. Mr. President, I join cillary problem of creating a huge cost them dissolve properly so what you with the ranking member of the HELP which has to be borne by the next gen- need in your bloodstream gets into Committee—the Health, Education, eration—but relative to the supplying your bloodstream. Labor, and Pensions Committee—in of drugs, the pressure which was forc- A number of the imported drugs that raising the concerns and agreeing with ing people to take the chance of pur- have been confiscated are shown they the concerns he has raised about the chasing a drug internationally has will not even dissolve. If you take a reimportation proposal which has come been relieved to some degree, signifi- pill, and it goes completely through forward from the Senator from North cantly in the area of senior citizens. your whole system, you could die. It is Dakota, which has been debated on this I proposed language which would cre- a serious problem. It looks good, it floor a number of times. ate a safe pharmaceutical approach, even checks out good, but there are The issue, of course, is the safety and where you would create an Internet processes for putting these things to- efficacy of products which Americans pharmacy approach, where you would gether. buy. The FDA has been given the re- create a regime under the FDA where From my brief reading of the bill, I sponsibility and has executed that re- people could go on the Internet and am also worried about some of the bio- sponsibility extraordinarily well to buy pharmaceutical products knowing logic information that may be in there make sure when an American citizen they have been approved by the FDA. that could be imported as well. buys a pharmaceutical product or a Today, unfortunately, that is not the The Food and Drug Administration medication, it is what it says it is and case. If you go on the Internet, and you Revitalization Act is about restoring it does what the doctor prescribes. purchase something through a pharma- the trust of the American people in the If you start buying medications ceutical firm off the Internet, you do FDA. That is where it belongs. We internationally, you are in the position not know whether that product—even should have a lot of concern. where you have no capacity for the though it may be represented to be There is an amendment that is going FDA to monitor that purchase. So the FDA-approved—is FDA-approved be- to come up everybody is working on drug may be represented to be an FDA- cause there is no way to certify the

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.045 S02MYPT1 ccoleman on PRODPC74 with SENATE S5468 CONGRESSIONAL RECORD — SENATE May 2, 2007 site you are purchasing from is an about that: 12 years and $800 million fixed, to be limited in their ability to FDA-approved supplier. before you can produce a product be distributed relative to the price that So this reimportation bill is essen- Americans can take. That is a pharma- is charged. tially going to create an atmosphere ceutical product. If you are getting in Time and again, the other side of the where those Internet pharmacies are the biologics area, which is a much aisle has come forward with proposals going to become basically the ‘‘wild more complicated area, it takes even which basically undermine the incen- west’’ of supplying drugs in this coun- longer. It is even more complex, and in tive for capital to flow into these re- try, and you are going to see people many instances it is even more expen- search areas. Believe me, if capital is going on to these Internet pharmacy sive. disincentivized from going into these sites and purchasing drugs they think It is these products that are changing areas because they do not get a reason- are being represented as an American- the life expectancy of people and mak- able return, they will go somewhere approved drug that has been re- ing the quality of life of people so else—they will go into developing soft- imported—and is at a lower price—but much better. We have basically gone ware, into gaming, into whatever it is may actually be a totally adulterated from a medical regime in this Nation that happens to give them a reasonable drug which will do significant harm to where invasive action was always the return, into investing in some other you. first call, was always the first event, country’s activities in some area. We have seen instances of that al- where you basically went under the Capital does not flow out of goodwill ready—dramatic instances. Case after surgical knife, to a regime where you into pharmaceutical production, into case has been reported of people being are given pharmaceuticals or biologics biologic production, into device pro- significantly harmed and in some in- to try to address a very serious illness. duction. It flows into those accounts stances dying as a result of buying It is a huge step, an exponential step in because they expect a reasonable re- pharmaceuticals off the Internet that the direction of better health care and turn. turned out not to be what they were a better lifestyle for Americans and for Now, sure, the countries of Canada, represented to be from international the world. England, and the European common sites. Where are these products developed? market, to some degree, are living off So at a minimum, this reimportation Well, they are developed here in the of the fact that we give people a rea- proposal, which has received signifi- United States. Why are they developed sonable return on our pharmaceuticals cant support in the past because it has here in the United States? Why are al- and biologics in this country. That is a motherhood name on it—even though most all the major pharmaceutical absolutely true, and it is reasonably it might be actually creating signifi- breakthroughs and all the biologic disgraceful. In fact, in Canada, they cant problems for children and for breakthroughs coming in the United threaten to take people’s patents away other people in this country as a result States? Because we have a market sys- if they don’t—they basically capture of the risk it puts people at—at a min- tem which allows people to take the American patents if they don’t sell imum, this proposal should be subject risks to develop those products. these drugs at a price which nobody to creating some sort of a regime We do not fix prices, as they do in would have invested in them in the where FDA has the ability to monitor Canada or in England, at a rate that is first place to produce them were the and to approve and to make available so low that nobody would be willing to price fixed at that level. But that is to the public the knowledge that Inter- invest in developing that product be- their policy. net pharmaceutical sites have been ap- cause the return on that investment is Now, we could subscribe to that pol- proved by the FDA. That is what my too low. We allow people who make the icy, which is what the other side of the amendment does. It tries to address investment, who take the risk, who put aisle wants us to do. They proposed it that. the 12 years in, who invest $800 million, in Medicare negotiations, they pro- So we should not move forward pre- to get a reasonable return on their in- posed it now and passed it here in the cipitously in the way that is proposed vestment and on their effort. As a re- child drug review. They proposed it in by the Senator from North Dakota. We sult, we have the explosion in advances this reimportation, and they proposed should not be supporting this simply in technology, in medical technology, it in the negotiated language relative because it has a nice name on it and in biologics, and in pharmaceuticals. to Medicare, and in biologic generics. because he can hold up two bottles It is a result of the fact that people In all of these areas they are basically which are the same drug but costs dif- who want to take that risk, and who saying: Well, drugs must appear in the ferently in a managed economy in Can- have the ability to pursue that type of marketplace. We don’t have to be con- ada and a market economy here in the opportunity to make life better for cerned with the fact of getting capital United States. We should, rather, set people by creating these pharma- into the investment exercise. We don’t up a structure where FDA can be sure ceutical products and these biologic have to be concerned with the fact that that when you buy that pharma- products, have the capacity to get re- it takes years and years to research ceutical product through an Internet sources to do it. It is called capital these products and hundreds of mil- site that is international or from a Ca- markets. lions of dollars to bring them to the nadian pharmacy, that you are getting Now, capital does not flow for good- market, they just appear. We can basi- what they claim you are getting, so will. People do not invest in things be- cally, for lack of a better term, kill the when you take that drug, you benefit cause it makes them feel good, in most goose that is laying the drug or the from it and are not harmed by it. instances. People invest where they are biologic or the pharmaceutical or the This all, however, gets to a bigger going to get the best return on the dol- device that is saving people and not issue. Probably, there is not time right lars they invest, or a reasonable return worry about it. now to go into it in depth. But the big- on the dollars they invest. So we have Well, that is not true. If you were to ger issue is, where do pharmaceutical to maintain an atmosphere in this follow all of the proposals from the products come from? Where do all country where people are willing to put other side of the aisle, or even a signifi- these amazing products, the biologic money—cash, capital resources—into cant amount of them, we would see in- products that are saving lives in this the investment and research and devel- vestment in this area start to dry up. country and are creating such a much opment of pharmaceutical and biologi- We would see a contraction of the pro- better lifestyle come from? Remember, cal and device products. duction of pharmaceuticals that save they do not come from trees, and they But if you listen to the other side of lives, of biologics that save lives, of de- are not grown in North Dakota in the the aisle, almost every proposal they vices that save lives. We would see sugar beet fields. They are developed come forward with seems to be of the fewer and fewer of those coming to the through processes which involve view that these products are grown in American people and to the world be- years—years of investigation and re- some wheatfield in North Dakota, that cause people wouldn’t invest in that search. they do not take any effort, that they activity any longer, or the investments The average pharmaceutical product do not require any capital, they do not would be significantly curtailed be- in this country takes 12 years and $800 require any expertise, research, or cause money would flow in other direc- million to bring to the market. Think time. All they require is to be price tions.

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.047 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5469 This concept of the marketplace to- very strongly that America should not AMENDMENT NO. 1018 tally escapes the other side of the aisle. give up its lead in one of the industries Mr. DEMINT. Mr. President, I have This concept that drugs have to actu- where it is at the cutting edge and an amendment at the desk and ask for ally have some flow of capital behind where it is producing jobs and where it its immediate consideration. them to be produced because it takes is producing the intellectual capital The ACTING PRESIDENT pro tem- so long to get them to the market, and that is going to keep us a vibrant, pore. The clerk will report the amend- it takes so much money to actually re- strong economy. In addition, we should ment. search them—and that is especially not give up an industry or undermine The legislative clerk read as follows: true in biologics and equally true in de- an industry and geniuses and creative The Senator from South Carolina [Mr. vices. It totally escapes the other side individuals who are producing products DEMINT] proposes an amendment numbered of the aisle. Their idea is, we have a which are saving lives and are giving 1018. good line, we have a motherhood state- people a better livelihood. So I am not Mr. DEMINT. Mr. President, I ask ment, let’s let people go buy the drugs going to sign on to these various jingo- unanimous consent that the reading of somewhere else at a price that is fixed istic proposals which are brought to the amendment be dispensed with. at which nobody would have ever pro- the floor for the purposes of putting The ACTING PRESIDENT pro tem- duced the drug in the first place if that out good press releases about how I did pore. Without objection, it is so or- was the price. Let’s negotiate so we this or that for motherhood at the ex- dered. have a regime of price setting at the pense of undermining the quality of The amendment is as follows: Federal level, which basically elimi- care for future generations by basically (Purpose: To amend the notification provi- nates the capacity for that drug to be limiting dramatically the ability of sion with respect to drugs deemed to have competitive. people to get capital who want to be risk evaluation and mitigation strategies) Let’s create a biologic generic which creative, who want to invest, and who In section 214(b)(3)(B) of the bill, insert ‘‘, basically wipes out the capacity of the want to do research in the area of pro- except with respect to the drug Mifeprex true biologic to actually come to the ducing biologic products, pharma- (mifepristone), such assessment shall be sub- market and be successful. Let’s create ceutical products, and medical devices. mitted 6 months after the applicant is so no- tified’’ before the period at the end. an atmosphere where testing on chil- That is why I take the position I dren of the drugs will basically not Mr. DEMINT. Mr. President, my take, to say nothing of the fact that if amendment calls for the Food and have a fiscal return which will make it you start haphazardly importing prod- worthwhile to test them on children. Drug Administration to conduct an as- ucts from the Internet and from coun- sessment of the risk evaluation and Let’s do all of those things in the name tries such as Canada, as strong as Can- of the motherhood language of getting mitigation strategy, which we refer to ada is, without any FDA oversight or as REMS, for Mifeprex, commonly a better price for drugs for Americans, approval of those products, you are ignoring the fact that what you are ac- known as RU–486, within 7 months of going to harm a lot of people at the end the effective date of this legislation. tually going to end up doing is dra- of the day. A lot of people are going to matically limiting the number of drugs According to the legislation before be hurt, and some people are going to us, any drug that is currently on the coming to the market for Americans, die as a result of buying products and therefore significantly impacting market with restrictions on its dis- which have not gone through FDA ap- tribution or use, which includes RU– the quality of life of Americans and our proval and which are not subject to ability to advance the dramatic and 486, would be required to have a risk FDA oversight because they are bought evaluation and mitigation strategy. revolutionary activity that we are see- from a pharmacy or a provider in Can- ing in bringing biologics to the mar- This means that RU–486 would be sub- ada, and that product may have come ject to periodic assessment of how well ketplace, which are basically curing out of India or it may have come out of and have the potential to cure diseases the risk management plan, including Afghanistan. It may have come out of its restrictions, is working. Unfortu- which have been extraordinarily Pakistan. It may be adulterated, and it threatening to the American popu- nately, the bill does not establish a may kill. The same can be said by a deadline for the risk evaluation for lation for so long. factor of 10 relative to purchasing on It makes no sense, if you look at the RU–486. Internet pharmacies. substance of the issue, what they are The current RU–486 abortion regimen proposing. It is totally inconsistent. So there are some big issues at play. was approved by the Food and Drug Ad- They are saying they are doing this to There are big issues at play relative to ministration in September of 2000. help people. What they are actually the future of the health of Americans Since that time, the regimen has been ending up doing is harming not only on the issue of importation, on the linked to the deaths of seven women, the people of today who won’t be able issue of negotiation and Medicare, on including three Americans. The public to get the drugs because they won’t be the issue of biologic generics, and on has learned since November of 2004, produced but people in the future be- the issue of making sure that children through the release of documents by cause the drugs won’t be brought to the are adequately tested relative to the the FDA through a Freedom of Infor- market. There is a blindness to the fact application of drugs which are brought mation Act request, that over 1,000 ad- that market forces are at work. I guess to the market. There are big issues rel- ditional women have experienced ad- it is just a function of the fact that you ative to safety and big issues relative verse effects from the RU–486 regimen, want to get out a good press release, so to whether this country remains on the including 9 life-threatening incidences, you are going to send it out. Of course, cutting edge of producing products 232 hospitalizations, 116 blood trans- anybody who takes the position I just that help people and give them a better fusions, and 88 cases of infection. It outlined is immediately demagogued, lifestyle with a biological, pharma- should be noted this dangerous drug is and the pejorative tool of the drug in- ceutical, or medical device. We attacking young, healthy women. dustry is thrown out there. shouldn’t just pass these proposals I also want to point out the approval Well, I am hardly that, since I was willy-nilly for the sake of putting out a process for RU–486 was highly irregular one of the few people in this Chamber nice press release. in the first place. The drug regimen who actually aggressively opposed and Mr. President, I yield the floor. was approved under FDA subpart H, which is a regulation that applies to tried to stop the Medicare Part D Pro- The ACTING PRESIDENT pro tem- certain new drugs used for treating se- gram, which was the biggest windfall pore. The Senator from South Carolina rious or life-threatening illnesses. the drug industry ever got and which is recognized. was voted for by many of my col- While certain conditions may arise leagues on the other side of the aisle Mr. DEMINT. Mr. President, I ask during pregnancy that are dangerous, and which ended up putting an $8 tril- unanimous consent that the pending pregnancy itself is hardly a serious or lion bill which is unpaid for onto our amendment be set aside. life-threatening illness. children’s future. The ACTING PRESIDENT pro tem- The RU–486 regimen actually re- More importantly, the reason I take pore. Without objection, it is so or- quires the use of two drugs: RU–486, the position I take is because I believe dered. which kills the child, and misoprostol,

VerDate Aug 31 2005 02:31 May 03, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.048 S02MYPT1 ccoleman on PRODPC74 with SENATE S5470 CONGRESSIONAL RECORD — SENATE May 2, 2007 which causes the uterus to expel the It also appears that even the leader of about. This will make the drug supply dead baby. G.D. Searle, the manufac- the abortion industry—Planned Par- safer. While I am speaking of Lincoln turer of misoprostol, never sought to enthood—supports actions by the FDA and Douglas, let me say something else have its drug approved by the FDA for to further examine the safety of the that Lincoln said, which has always abortions. Nevertheless, the FDA, in drug. Dr. Vanessa Cullins, vice presi- been interesting to me. He was describ- what appears to be an unprecedented dent for Medical Affairs at Planned ing his opponent’s arguments. He said: decision, mandated that misoprostol be Parenthood, told the San Francisco Your argument is as thin as the home- used for unapproved ‘‘off-label’’ use in Chronicle: opathic soup made from boiling the an abortion regimen along with RU– We are glad there will be continuing inves- shadow of a pigeon that has been 486. tigations by the FDA. We will work with the starved to death. Finally, the FDA approved the RU– CDC, the FDA, and academicians to figure Wasn’t Abraham Lincoln wonderful? 486 regimen based on data submitted this out. That description can still exist for from clinical trials in which there was The FDA needs to quickly complete some of the arguments we are hearing no control group comparison. This di- its risk evaluation on RU–486. That is these days on some of these issues. rectly violates Federal law and appears what my amendment guarantees. I I hope my colleague was not serious to be unprecedented as well. urge my colleagues to support it. I un- a few moments ago when he said this is In my opinion, the FDA has not done derstand that Senator KENNEDY will an amendment that is not worthy and enough to curb the use of this deadly accept a voice vote on this. I look for- is put out by a bunch of people who drug, and for far too long the FDA has ward to supporting it, along with all of want to put out press releases and put politics ahead of science and ahead my colleagues. aren’t concerned about the safety of of women’s health. When the Clinton I yield the floor. the drug supply. My colleague surely administration expedited the approval The ACTING PRESIDENT pro tem- doesn’t mean to say that Senators process for RU–486 in the final days of pore. The Senator from North Dakota GRASSLEY, MCCAIN, SNOWE, and COL- its tenure, many medical professionals is recognized. LINS on his side and Senators KENNEDY, expressed serious concerns about the AMENDMENT NO. 990 STABENOW, BROWN, and so many on our FDA’s rush to bring RU–486 to market. Mr. DORGAN. Mr. President, I have side—the 33 Senators who have come to Since then, the statistics have proven listened to some of the debate on the a serious issue with a thoughtful pro- these concerns to be well-founded. floor of the Senate in opposition to the posal—did so because they want a press The legislation we are considering amendment I have offered with many release. My colleague knows better today has everything to do with drug colleagues dealing with the reimporta- than that. He perhaps ought to tell the safety. Yet we have a drug on the mar- tion of prescription drugs. Especially Senate he knows better than that. ket that has killed several women and entertaining was to hear the Senator I respect those who disagree with injured many others. My amendment from New Hampshire, Mr. GREGG, de- this amendment. I hope they will re- simply sets a 7-month deadline for the scribe North Dakota wheatfields. The spect as well our determination to cor- FDA to assess the risk evaluation and Senate is a place of fascinating and in- rect something we see as a serious mitigation strategy for RU–486. Given teresting debate. I expect we will have problem. When my colleague says we all the adverse events associated with more of that in the coming hours, lead- don’t want to give up our lead, describ- this drug, this is the least we can do. ing our lead in pharmaceuticals and This is not an abortion issue, it is a ing up to a vote tomorrow on a cloture the development of prescription drugs, women’s health issue. Even those who motion on this amendment. support abortion agree there are seri- The continued and insistent ref- I don’t want to give that up. Let me ous problems with this drug. Let me erence to this amendment posing safe- tell you another lead we don’t want to read several quotes from abortion sup- ty risks, or risks of unsafe prescription give up; that is, the lead in providing porters which were part of a New York drugs, is at odds with everything we the highest prices in the world to the Times story that ran last year: ‘‘None know to be the case. I described Dr. American consumer who needs pre- of these women should be dying; it’s David Kessler, and I suggested if any- scription drugs. That is a lead we shocking,’’ said Dr. Peter Bours, an body knows a more important, better ought to relinquish right now. I wonder abortion provider in Portland, OR, who informed expert than Dr. David if my colleague would agree with that. is rethinking whether to offer pill- Kessler, who was head of the FDA for Mr. President, this is an interesting based or medical abortions. nearly 8 years, tell me his or her name. debate, a useful debate. It will con- Dr. Warren Hern, an abortion pro- I described the statement that Dr. clude tomorrow with the vote. My col- vider in Denver, said the latest reports David Kessler made that says this will league from Michigan, Senator demonstrated that abortions by RU– make the prescription drug supply STABENOW, has gone across the bridge 486, or Mifeprex, were far riskier than safer. In fact, the regime of safety we that connects our two countries, taken the surgical ones. ‘‘I think surgery have put into this amendment is appro- busloads of senior citizens and has been should be the procedure of choice,’’ Dr. priate, important, and will mean that involved in this issue for many years, Hern said. ‘‘Pills,’’ he said, ‘‘are a lousy we will be able to allow reimportation believing that we ought to insist on way to perform an abortion.’’ without a safety risk. fair pricing for prescription drugs for I quote again from another source: Despite the evidence, we continue to the American people. I am pleased that ‘‘The complications associated with hear this issue. I was thinking, as I was she was one of the people who helped RU–486 far exceed the complications of listening to this a while ago, about the put together the bill introduced by 33 surgical abortion,’’ said Dr. Damon Lincoln-Douglas debates, when Lincoln Senators, and I am pleased that she is Stutes. He is an abortion provider in became enormously exasperated at one a strong advocate for the amendment Reno, NV. He refuses to offer pill-based point and he said to Douglas: Tell me, that we have added to this piece of un- abortions. how many legs does a horse have? derlying legislation. Dr. Stutes, whose clinic has been Douglas said: Well, four, of course. I yield the floor. bombed, said he was uneasy about Lincoln said: Now, if you were to call The ACTING PRESIDENT pro tem- agreeing with abortion proponents on the tail of a horse a leg, then how pore. The Senator from Michigan is anything. But the truth is the truth, he many legs would a horse have? recognized. said. Douglas said: Well, five. Ms. STABENOW. Mr. President, I Another quote: Lincoln said: You see, that is where rise to support the amendment we have One needs to tell patients that the medical you are wrong. Just because you call put together, led by the Senator from procedure, even though it seems more nat- the tail a leg doesn’t make it a leg at North Dakota. I thank him for his pas- ural, may be more likely to result in death. all. sionate leadership and advocacy and That is Dr. Phillip G. Stubblefield, a The same principle holds true now on the way he is able to speak in very professor of obstetrics and gynecology the floor of the Senate. You can say commonsense terms about what this is at Boston University. what you want, but that doesn’t make all about. What we are talking about is It is clear that even the supporters of it true. Safety issues? That doesn’t common sense. We are talking about abortion believe this drug is dangerous. exist in the amendment we are talking whether we have the most competition

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.050 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5471 that will allow the best price for people we open our borders to allow our phar- wonderful bipartisan support, to actu- related to their medicine. I also am macies, our hospitals, our medical ally put the safety provisions that are looking around for Senator BROWN, schools, all those who are providing required into the bill so the certifi- who is also here to speak. I thank him prescription drugs to consumers, to be cation by the Secretary is not nec- publicly for his help on another amend- able to purchase those and get the best essary. ment that relates to competition and price. We have had legislation passed by the closing patent loopholes relating to ge- In Michigan, it may be from Michi- Senate with wonderful bipartisan sup- neric drugs. I thank him again. Sen- gan or it may be from Ohio or Wis- port in the last few years on related ator BROWN has been a wonderful advo- consin, but it may be 5 minutes across issues that involve reimportation. Last cate on these issues. the bridge in Canada. In fact, Mr. July, 68 Senators voted for an amend- I find it so interesting whenever we President, that is what we find 5 min- ment to prohibit U.S. Customs and hear that we cannot lower the price of utes across the bridge. I have had a lot Border Protection from stopping indi- prescription drugs without losing re- of opportunities to put seniors on buses viduals from importing FDA-approved search. Let me comment on that first. to go to a pharmacy in Canada to see drugs—individual reimportation. Here is what is happening today as it the fact that you are looking at 30-, I thank Senator VITTER for his lead- relates to the development of new med- 40-, 50-percent cheaper prices. I think ership. I have been pleased to work icine. We all want that. We all want of my sister-in-law when I say this. She with him on this issue of individuals that, those of us who supported over- was diagnosed with breast cancer, and being able to import medicines for whelmingly, the 63 Members of the thank God is doing well and has recov- themselves. Senator VITTER and I also Senate who voted for stem cell re- ered. But when I look at the drug worked together to make sure trade search to provide new lifesaving re- Tamoxifen that many breast cancer pa- agreements cannot be used as a back- search and tools for our researchers. tients are required to take, or are door way to stop reimportation of We came together and said, yes, we asked to take, in Michigan, the last cheaper prescription drugs into this want new lifesaving research. time I looked, it was about $360 a country. That is not what this debate is about. month for that medicine. Five minutes We are already on record as sup- The debate is about whether there is across the bridge, it is $60. That is a porting this effort to lower prescrip- going to be a closed market to folks huge difference. That is a huge dif- tion drug prices and create competi- who get to set the price without com- ference in somebody’s ability to get the tion. It is my hope that, once again, in petition or whether there will be com- treatment they need for breast cancer. this bill we will reaffirm that we sup- petition so people can afford to buy That can be replayed over and over port the FDA creating safety regi- medicine. The reality is that our struc- again as it relates to medicine. mens—we know they exist—to be able ture is such right now, as it relates to Now, what is also interesting is that to bring medicine safely into the the way we bring drugs to market, that prescription drugs are being brought United States from other countries, you start with basic research, of which across the border every day legally by and we will no longer allow a group—it last year $29 billion was paid for by the the companies themselves. Lipitor, is the only group I know that is able to American taxpayer—$29 billion. Now, which was developed in Michigan—and stop trade at the border. Everyone the industry then added another $39 I am proud of that—is manufactured in talks about free and open trade, and billion, according to the PhARMA Web Ireland. They bring it back. There is no yet in Michigan you can bring auto site. They are allowed to write off their argument about safety when they are supplies back and forth every day, you research as a business expense, or take bringing it back. We have, right now, can bring all kinds of agricultural an additional amount—the R&D tax around the world, from Slovakia to products, you can bring anything back credit on top of that to write off their China to India, medications that are and forth across the border except med- research. So the taxpayers are paying, being brought into this country by the icine, except prescription drugs, unless it is fair to say, the majority of what it companies themselves, under safe con- you are a drug company. Drug compa- costs in basic research right now for ditions. nies can, but if you are somebody try- new lifesaving medicine. Our legislation puts into place safety ing to make sure you get the lowest Personally, I am willing to do that requirements that will allow the same possible prices to consumers through a because I think it is incredibly impor- thing to happen if it is a wholesaler, a pharmacy, a hospital, medical school, tant. It is in our public interest. Hav- pharmacy doing business with another or other businesses, you are not al- ing all of us together as taxpayers in- pharmacy. There is no rocket science lowed to do it. It doesn’t make any vest in the National Institutes of here. The very same safety provisions sense. Health and other lifesaving research can be put into place. We also know I believe we need to take off this pro- makes sense to me. After we do that, that, in doing that, it is important to tectionism which has been in place for we allow the companies to take that put that language directly into this years which has put consumers and information and research and begin to bill. It is important. We have put in businesspeople, frankly, into a situa- develop medicine. That is fine, too. We there a chain-of-custody requirement tion where they are paying higher then allow up to a 20-year patent, so to ensure that drugs are handled not prices for medicine than they should. that the company that does this devel- only by authorized persons but ship- This is not about research. I conclude opment can recoup their costs without ments must use anticounterfeiting by saying that according to SEC fil- the same kind of competition from a technology to assure the products’ in- ings, 21⁄2 times more is spent on mar- generic company, another kind of com- tegrity. keting and advertising brand-name pany. So we give them a privileged sta- We do a number of things that relate prescription drugs in the United States tus. We cover their costs, after we as to registering with the FDA and agree- than is spent on research. This is not taxpayers have helped them or may ing to strict requirements to ensure about research. We as taxpayers are have fully funded the research done in safety. But those requirements are not leading the way on funding research, the beginning. So we go through all all in the bill. Why is that? Because we and we all support doing that. This is this, and all that I ask on behalf of the know that in the past we have seen—we about competition versus protec- people of Michigan and all I think we see again now—a second-degree amend- tionism and whether consumers will are asking for is, when they get done ment to say that citizens cannot get get the very best price for lifesaving with the patent, people be able to af- the best price, and pharmacies cannot medicine. ford to buy the medicine and that we do business with pharmacies across the I urge the adoption of our amend- have the kind of competition that al- border, unless the Secretary certifies ment. lows that to happen. safety. And we know that for whatever The ACTING PRESIDENT pro tem- One piece is to make sure patents are political reasons, that has not hap- pore. The Senator from Ohio. not extended beyond 20 years unfairly pened over the years. That is actually AMENDMENT NO. 1018 by manipulation. I will have an amend- current law. Mr. BROWN. Mr. President, I under- ment that deals with closing some To get beyond the politics of this, we stand there is no further debate with loopholes. The other is to make sure have worked on a bipartisan basis, with respect to the pending amendment No.

VerDate Aug 31 2005 02:31 May 03, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.052 S02MYPT1 ccoleman on PRODPC74 with SENATE S5472 CONGRESSIONAL RECORD — SENATE May 2, 2007 1018, so I ask that the amendment be priority at the grassroots level, as it for instance, manufacturers to dis- agreed to and the motion to reconsider shows up in my 99 town meetings I criminate against registered exporters be laid upon the table. have every year in each of our 99 coun- or importers. It would prohibit drug The ACTING PRESIDENT pro tem- ties, and I have been doing that for 26 companies from engaging in any activi- pore. Is there objection? years. So I think I have a feel for what ties to restrict, to prohibit, or to delay Mr. COBURN. Reserving the right to the grassroots of my State wants Con- the importation of a qualifying drug. object. gress to hear. The amendment would give the Federal Mr. BROWN. Mr. President, amend- This is one issue about which I con- Trade Commission the authority to ment No. 1018 is the DeMint amend- stantly hear, although I am probably prevent this kind of possible abuse of ment. hearing it a little bit less now that we the system. Mr. COBURN. I have no objection. have the Part D provisions of the Medi- I also understand that there will be The ACTING PRESIDENT pro tem- care bill because for people who an attempt to kill this amendment, as pore. Without objection, it is so or- couldn’t afford drugs, who maybe relied it has been, I believe, in the years 2000, dered. on imports or at least drugs from other 2002, and 2003, by an amendment that The amendment (No. 1018) was agreed countries, they are able to get them a would require a certification about to. little better through the subsidization health and safety. That amendment is The ACTING PRESIDENT pro tem- under the Part D Program. But I still designed to kill the underlying Dorgan pore. The Senator from Iowa. hear about this issue, and that is why amendment. It is a clever amendment Mr. LEAHY. Mr. President, will the I am still working to get it passed. So and for sure can legitimately be deter- Senator from Iowa yield to me for 1 this needs to be a top priority in Wash- mined to be a poison pill. minute? ington as it is at the grassroots of Our efforts develop an effective and Mr. GRASSLEY. Yes. America. safe system that gives Americans ac- The ACTING PRESIDENT pro tem- I have long advocated allowing Amer- cess to lower prices. This amendment pore. The Senator from Vermont. ican consumers access to safe drugs requires that all imported drugs be ap- (The remarks of Mr. LEAHY are print- from other countries, but I have not proved by the Food and Drug Adminis- ed in today’s RECORD under ‘‘Morning looked at this solely or even most im- tration. The amendment sets a strin- Business.’’) portantly as a health issue. I have gent set of safety requirements that Mr. LEAHY. Mr. President, I thank looked at it more often as a free-trade must be met before Americans can im- my dear friend from Iowa. issue. Imports of any kind coming into port drugs from that country. The ACTING PRESIDENT pro tem- our country create competition and The amendment requires all export- pore. The Senator from Iowa is recog- keep domestic industry of all segments ing pharmacies and importing whole- nized. of our economy more responsive to the salers to be registered with the Food AMENDMENT NO. 990 consumer, giving the consumer what and Drug Administration, as well as Mr. GRASSLEY. Mr. President, I am they want at a price they are willing to being inspected. It gives the authority a cosponsor of Senator DORGAN’s pay and a quality they care about. for the FDA to inspect entire distribu- amendment called the Pharmaceutical In the United States, we seem to im- tion chains of imported drugs, and it Market Access and Drug Safety Act. port anything that the consumer wants sets very stringent penalties for viola- We want to add the provisions on the to buy in America, but we don’t do it tion of the safety requirements in this importation of drugs to this measure. for pharmaceuticals. So why not, with bill, including criminal penalties and Obviously, I support that effort. That this legislation, do for pharmaceuticals up to 10 years in prison. legislation is the result of a collabo- what we do for everything else Amer- Don’t be fooled by the poison pill rative effort by this Senator, Senator ican consumers want to buy? That is amendment to which I just referred. DORGAN, Senator SNOWE, and Senator what breaking down the barriers to Voting for that amendment is a vote to KENNEDY to finally make drug importa- trade is all about. That is where our kill drug importation. tion legal in this country. This is one country has been for 50 years, breaking With the Dorgan amendment, we are effort which I hope the new Democratic down barriers to trade around the going to get this job done because we Congress can finally get passed because world. Yet we keep this barrier up. need to make sure Americans have last time, my own party did not want Consumers in the United States then even greater, more affordable access to to see this passed, even though I pay far more for prescription drugs wonder drugs by further opening the worked hard to get that done. than those in other countries. doors to competition in the global Now is the time for us to make this If Americans could legally and safely pharmaceutical industry. happen. This is a golden opportunity access prescription drugs outside the I think Americans have been waiting this year to get it done. I think we are United States, then drug companies for this for a long period of time. When well on the way to getting it done. would be forced to reevaluate pricing a country such as ours allows every I have been a longtime proponent of strategies. More competition would other product to come into this coun- drug importation. In the years 2000, have an impact. They would no longer try that the consumer wants for the 2002, and 2003, I supported amendments be able to gouge the American con- best price and the best quality, there is permitting importation of prescription sumer by making them pay more than no reason we should make an exception drugs from one country—Canada. a fair share of the higher costs of re- for pharmaceuticals. We must make In 2004, Senator KENNEDY and I search and development, which is a re- sure they have access to these afford- worked together on a bill that would source we need for research and devel- able prescription drugs. So I urge my authorize drug importation, but it did opment, but why should just the Amer- colleagues to support the Dorgan not survive the partisan politics of ican consumers pay for that? amendment. that year. It is true that pharmaceutical com- Mr. COBURN. Mr. President, I want I then introduced my own drug im- panies do not like the idea of opening to chime in for a minute on this portation bill in 2004 with the number up America to the global marketplace. amendment, and I want to set a little S. 2307. After introducing my bill, I They want to keep the United States background. Why do we want to import began working in conjunction with the closed to other markets in order to prescription drugs? What is the reason efforts of Senator DORGAN, Senator charge higher prices here. However, behind it? The reason is that there is SNOWE, and Senator KENNEDY. So in with this amendment, prescription not a true international market in this provision before us, we combined drug companies will be forced to be pharmaceuticals. Senator STABENOW our efforts so that we could all get be- competitive and establish fair prices in quoted a figure of $29 billion worth of hind the same bill and have a better America. Government research. That is not quite chance of getting it passed. Of course, The drug companies will try to find, accurate. There is $29 billion that goes that is where we are, working together of course, loopholes to protect their to NIH, but that is not all related to this very minute. bottom line, but I think our amend- drug development. Probably half of Making it legal for Americans to im- ment is comprehensive enough to keep that is. So we do have a great invest- port their prescription drugs is a top that action illegal. It would not allow, ment in drugs. There is no question

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.053 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5473 that the American consumer subsidizes and then the countries that have the The ACTING PRESIDENT pro tem- the pharmaceuticals of almost every potential to take a drug that was pro- pore. Is there objection? other nation in this world. So the pur- duced here or produced by a manufac- Hearing no objection, it is so ordered. pose behind this amendment is a good turer that is based out of this country, The clerk will report. one. they will limit the amount of drugs The assistant legislative clerk read I would draw attention to the fact that are available to them based on the as follows: that Senator BROWN and I passed a contract they sign for the number of The Senator from Ohio [Mr. BROWN], for drug reimportation bill in the late drugs. So we will have made everybody himself and Mr. BROWNBACK, proposes an amendment numbered 985. 1990s that became law, and President feel better, but we will not really have Clinton signed it. Donna Shalala, how- created a worldwide market for phar- Mr. BROWN. Mr. President, I ask ever, under the same guidelines, re- maceuticals. That is what I think we unanimous consent that the reading of the amendment be dispensed with. fused to carry out that mandate—that have to do. The ACTING PRESIDENT pro tem- bill is still on the books, by the way— I would like to put out to the author pore. Without objection, it is so or- claiming there was nothing they could of this amendment, as well as the spon- dered. do that would make them safe and that sors, that we ought to think bigger on The amendment is as follows: they could assure they were safe. how to handle this because what we (Purpose: To establish a priority drug review I am going to vote for this amend- really have is one industry where there process to encourage treatments of trop- ment, and I think it is right that we is not true free trading. We are not ical diseases) should develop a worldwide market on ever going to get the benefits, we are At the appropriate place, insert the fol- pharmaceuticals, but I am not sure we not ever going to relieve the burden of lowing: are going to accomplish this. Having the American consumer, who is paying SEC. ll. PRIORITY REVIEW TO ENCOURAGE authored the first bill on drug re- to subsidize drugs in Germany, in Eng- TREATMENTS FOR TROPICAL DIS- importation when I was a Member in land, in France, and in Japan, we are EASES. Subchapter A of chapter V of the Federal the House, what I have seen is that the not ever going to take that burden off Food, Drug, and Cosmetic Act (21 U.S.C. 351 problem is much bigger than what we until we really create a true worldwide et seq.) is amended by adding at the end the are attacking. I find it kind of peculiar market in pharmaceuticals. I am just following: and strange that we haven’t gone a lit- hesitant to believe this is going to ac- ‘‘SEC. 524. PRIORITY REVIEW TO ENCOURAGE tle further. What really needs to hap- complish it. TREATMENTS FOR TROPICAL DIS- pen is we need to tell all our friends Like I said, I am going to vote for it. EASES. ‘‘(a) DEFINITIONS.—In this section: around the world that tell the pharma- I believe it is a step in the right direc- ‘‘(1) AIDS.—The term ‘AIDS’ means the ac- ceutical companies what price they tion, but I think we need to be more quired immune deficiency syndrome. will pay for drugs, we need to tell them bold. If we really believe in the benefits ‘‘(2) AIDS DRUG.—The term ‘AIDS drug’ what price we will pay for their prod- of international free trade, then we means a drug indicated for treating HIV. ucts. As soon as we did that, guess should do whatever is in our power to ‘‘(3) HIV.—The term ‘HIV’ means the what. There would be a worldwide mar- insist it become an international mar- human immunodeficiency virus, the patho- ket on pharmaceuticals. We may get ket for pharmaceuticals. That way, the gen that causes AIDS. ‘‘(4) NEGLECTED OR TROPICAL DISEASE.—The there through reimportation, but I pharmaceutical companies won’t have term ‘neglected or tropical disease’ means— don’t think so. I think it is going to get to use the only market there is in our ‘‘(A) HIV, malaria, tuberculosis, and re- squeezed down. I think greed conquers country to subsidize the variable costs lated diseases; or technological difficulty almost every and the research that they contribute ‘‘(B) any other infectious disease that dis- time. to a lot of the drugs that come today. proportionately affects poor and So I think this is a good step, but if So I am supportive, I think it will marginalized populations, including those we really want to solve this problem, pass, but I would reach out to the other diseases targeted by the Special Programme let us put an amendment on the floor Members who are interested and say: for Research and Training in Tropical Dis- eases cosponsored by the United Nations De- which says that any country that es- Let’s do something bigger. Let’s do velopment Program, UNICEF, the World sentially fixes the price on pharma- something that will really fix it and do Bank, and the World Health Organization. ceuticals, their products coming into it fairly quickly. We will have a thriv- ‘‘(5) PRIORITY REVIEW.—The term ‘priority our country will have their prices ing pharmaceutical industry that way. review’, with respect to a new drug applica- fixed. Can you imagine if we were to It truly will be based on competition. tion described in paragraph (6), means review tell BMW what they are going to get Intellectual properties that are truly and action by the Secretary on such applica- for a BMW 531, or Volkswagen what researched and supported by the coun- tion not later than 180 days after receipt by the Secretary of such application, pursuant they are going to get for one of their try—we as Americans, if we have done to the Manual of Policies and Procedures of vehicles, or Toyota what they are that, we will get the better benefit the Food and Drug Administration. going to sell a car for? That is essen- from it if we have a true international ‘‘(6) PRIORITY REVIEW VOUCHER.—The term tially what they are doing to the phar- market. I think the drug companies ‘priority review voucher’ means a voucher maceutical industry in this country. would like to see that as well. issued by the Secretary to the sponsor of a I believe this is a good amendment, I understand they are trying to get tropical disease product that entitles such and I am supportive of reimportation, return on invested assets. I believe it is sponsor, or a person described under sub- but I don’t believe it solves the prob- important that everyone has a fair section (b)(2), to priority review of a new drug application submitted under section lem. I don’t want the American people price for a pharmaceutical and that 505(b)(1) after the date of approval of the to think that if we pass this, all of a people make money when they sell a tropical disease product. sudden the price of drugs is going to pharmaceutical. But we have to have ‘‘(7) TROPICAL DISEASE PRODUCT.—The term come down. It will not. It is great that an international market, and we have ‘tropical disease product’ means a product we are doing it, but we are not going to solve it that way. that— far enough. We need to ask the admin- I thank Senator BROWN for allowing ‘‘(A) is a new drug, antibiotic drug, biologi- istration to carry out the strength of me the time, and I yield the floor. cal product, vaccine, device, diagnostic, or other tool for treatment of a neglected or AMENDMENT NO. 985 their ability through Executive orders tropical disease; and to create true competition throughout Mr. BROWN. Mr. President, I thank ‘‘(B) is approved by the Secretary for use the country and throughout the world Senator COBURN for his always innova- in the treatment of a neglected or tropical on pharmaceutical prices. tive approach and his support of this disease. Regardless of all the precautions and and for all he does in working on ‘‘(b) PRIORITY REVIEW VOUCHER.— the well-thought-out plans of Senator health care issues generally and espe- ‘‘(1) IN GENERAL.—The Secretary shall DORGAN—and I know Senator BROWN cially on prescription drugs. award a priority review voucher to the spon- has worked on this for years, as has Mr. President, I ask unanimous con- sor of a tropical disease product upon ap- proval by the Secretary of such tropical dis- Senator STABENOW and Senator VITTER sent that the pending amendment be ease product. and several others—I believe they will set aside, and on behalf of Senator ‘‘(2) TRANSFERABILITY.—The sponsor of a get around it. I believe they will sign BROWNBACK and myself, I call up tropical disease product that receives a pri- contracts for fixed quantities of drugs, amendment No. 985. ority review voucher under this section may

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.055 S02MYPT1 ccoleman on PRODPC74 with SENATE S5474 CONGRESSIONAL RECORD — SENATE May 2, 2007 transfer (including by sale) the entitlement company with a new blockbuster drug, American taxpayers, who help finance to such voucher to a sponsor of a new drug would also benefit consumers. That is Medicare, Medicaid, and VA health for which an application under section because it would give consumers ear- care—can’t afford it. These costs are 505(b)(1) will be submitted after the date of lier access to a new prescription drug. borne not just by consumers and tax- the approval of the tropical disease product. Most importantly, creating incentives payers but also employers. ‘‘(3) LIMITATION.—A sponsor of a tropical disease product may not receive a priority for pharmaceutical companies to de- I have worked closely with Senator review voucher under this section if the trop- velop and manufacture neglected trop- STABENOW to make sure this amend- ical disease product was approved by the ical disease treatments will obviously ment doesn’t interfere with the right of Secretary prior to the date of enactment of save lives. individuals or companies to petition this section. I commend Senator BROWNBACK for FDA and that the amendment ensures ‘‘(c) PRIORITY REVIEW USER FEE.— his hard work on behalf of impover- these individuals that the concerns ‘‘(1) IN GENERAL.—The Secretary shall es- ished populations who desperately need raised in their petitions will still be tablish a user fee program under which a our attention. He is offering Members taken seriously by FDA. What this sponsor of a drug that is the subject of a pri- ority review voucher shall pay to the Sec- of this body the opportunity to simul- amendment does do is fight back retary a fee determined under paragraph (2). taneously save lives in developing na- against the unjustifiable and costly Such fee shall be in addition to any fee re- tions, get U.S. consumers access to new delays caused by frivolous petitions quired to be submitted by the sponsor under medicines more quickly, and engage submitted for the express purpose of chapter VII. the drug industry in a win-win propo- blocking price competition in the mar- ‘‘(2) FEE AMOUNT.—The amount of the pri- sition. It is a rare opportunity, and I ketplace. ority review user fee shall be determined urge Members on both sides of the aisle No one, not the drug industry or any each fiscal year by the Secretary and based to support the Brownback-Brown other industry, should be allowed to on the anticipated costs to the Secretary of make a mockery of one of our demo- implementing this section. amendment. ‘‘(3) ANNUAL FEE SETTING.—The Secretary AMENDMENT NO. 1011 cratic rights—the right to petition our shall establish, before the beginning of each Mr. President, I would like to make a Government—particularly at the ex- fiscal year beginning after September 30, few comments on two other amend- pense of patients and taxpayers. Ms. 2007, for that fiscal year, the amount of the ments, the first being the Stabenow STABENOW’s amendment, cosponsored priority review user fee. amendment, which I have also cospon- by Senator THUNE and Senator LOTT, ‘‘(4) PAYMENT.— sored, along with Senators LOTT and will put a stop to a tactic which is as ‘‘(A) IN GENERAL.—The fee required by this THUNE. That amendment will save U.S. costly as it is unethical. I urge every subsection shall be due upon the filing of the Member of this body to support it. new drug application under section 505(b)(1) taxpayers hundreds of millions of dol- for which the voucher is used. lars while restoring the integrity of the AMENDMENT NO. 990 ‘‘(B) COMPLETE APPLICATION.—An applica- citizen petition process. That is impor- Mr. President, I also would briefly tion described under subparagraph (A) for tant because the citizen petition proc- speak out on the Dorgan reimportation which the sponsor requests the use of a pri- ess is fundamental to our Nation’s amendment, joining Senators GRASS- ority review voucher shall be considered in- democratic system. LEY and STABENOW and so many others complete if the fee required by this sub- Under U.S. law, individuals and orga- in both parties in supporting the re- section is not included in such application.’’. nizations have the right and should importation amendment. Mr. BROWN. Mr. President, I rise have the right to petition the Federal Some time ago, about 10 years ago, today to offer the Brownback-Brown Government, which is another way of from my northeast Ohio congressional amendment, No. 985, which provides in- saying they have a right to commu- district when I served in the House of centives for pharmaceutical companies nicate their views and have their views Representatives, along with the Pre- to develop and manufacture treatments heard. The Federal Government is, siding Officer, I used to sponsor bus for neglected tropical diseases. Accord- after all, an employee of the American trips to Canada where we would take ing to the World Health Organization, people. Americans absolutely should mostly senior citizens to a Canadian more than 1 billion people—that is one have the right to weigh in on Govern- drugstore right across the river from of every six people worldwide—are af- ment policies and actions. Detroit—Windsor—which was about a fected by at least one neglected trop- Unfortunately, some brand-name 3- or 4-hour bus drive from Lorain ical disease. In addition, neglected pharmaceutical companies have regu- County, where I lived. We would take a tropical diseases claim roughly 500,000 larly exploited the citizen petition busload of 40 seniors and others—most- lives every year. However, less than 1 process, filing frivolous petitions solely ly seniors, as I said. We would buy pre- percent of the roughly 1,400 drugs reg- for the purpose of delaying the ap- scription drugs in Canada—same dos- istered between 1975 and 1999 treated proval of generic drugs. They have been age, same package, same drug manu- such diseases. This disparity is obviously due to the quite successful at it. Since 2003, brand facturer, for half or even sometimes a lack of financial incentives for phar- drug companies have filed dozens and third the cost because the Canadian maceutical companies to bring ne- dozens of citizen petitions trying to Government directly negotiated on be- glected tropical disease treatments to stop or delay FDA approval of com- half of 30 million Canadians, nego- market because these diseases dis- peting generic products. Ninety-five tiated directly with the drug company proportionately affect low-income percent—roughly 19 in 20—of these pe- for specifically less expensive drugs. It countries, mainly in Africa. Creating titions have been denied outright. was clear to me then that reimporta- incentives for companies to invest in What about the other 5 percent? FDA tion was legislation we needed so sen- treatments for these diseases is not either hasn’t acted on them or has ap- iors did not have to go to Canada; in- only in our country’s national interest, proved them in whole or in part be- stead, that wholesalers, the Drug but it is consistent with the long- cause they had no other choice—the Marts and the CVS’s of the world and standing tradition of this country of brand companies had simply reiterated the mom-and-pop drugstores can nego- caring for those less fortunate around a factual issue that had already been tiate, could get those prices wholesale the world. addressed by FDA. In other words, even from Canadian drugmakers or compa- This amendment would award a pri- the approved petitions, the approved 5 nies and bring those prices signifi- ority review voucher to any company percent, were frivolous. cantly down for American consumers. that brings a neglected tropical disease While drugmakers waste FDA’s time As Senator COBURN said, when we treatment to market. Priority review and taxpayers’ money, American pa- were House Members we passed legisla- is an existing FDA process by which tients are forced to continue paying tion 8 or 9 years ago. That legislation drugs are reviewed in 6 months as op- top dollar—the name-brand price—for was never implemented the way it posed to the average time of 18 months. the medicines they need. Frivolous cit- should have been. The Dorgan amend- This priority review voucher would be izen petitions have created delays that ment will save money for America’s transferable and could be applied to often range from 11 to 15 months, pre- seniors, for America’s drug consumers, any drug in a company’s pipeline. venting price competition for drugs for prescription drug users. It is an im- This voucher, which would be worth that generate millions of dollars in rev- portant amendment, and I ask for sup- hundreds of millions of dollars for a enue each day. American consumers— port for the Stabenow amendment, the

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.013 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5475 Dorgan amendment, and the proved drugs are imported across our with whom I have joined as a cosponsor Brownback-Brown amendment. borders. These safety features are com- regarding drug importation. I suggest the absence of a quorum. prehensive. For purposes of time, I First of all, I commend Senator DOR- The ACTING PRESIDENT pro tem- want to highlight a few. GAN for his longstanding leadership and pore. The clerk will call the roll. First, this act allows only the impor- advocacy on this issue which has been The bill clerk proceeded to call the tation of FDA-approved medicines with for the better part of a decade. Regret- roll. a chain of custody, to ensure that fully, we are still at a point where we Mr. CASEY. Mr. President, I ask drugs are handled only by authorized have been unable to pass legislation unanimous consent the order for the persons. In most cases, the medicines that would create a drug safety regime quorum call be rescinded. that are imported under this act are for drug importation. The ACTING PRESIDENT pro tem- identical to the medications sold in the That is the purpose of our amend- pore. Without objection, it is so or- United States—literally the same ment, Members of the Senate, as we dered. medications made by the same manu- today consider legislation to address The Senator from Pennsylvania is facturers. an essential new function in how the recognized. Exporters would be required to main- FDA will finance the cost of reviewing Mr. CASEY. Mr. President, I stand tain detailed records and a sample of new drugs; that is, the critical process today in support of an amendment to each lot sent to the U.S., so that the of bringing new medications to market S. 1082 offered by Senator DORGAN and FDA can conduct testing on any lot at to Americans. several of our colleagues. This amend- any time. The FDA would have broad At the same time, this bill has di- ment is identical to a bill sponsored by authorities, including the power to rectly raised a number of issues in how the Senator from North Dakota, a bill cease importation of a drug or to sus- we assure that drugs are as safe as they I am proud to cosponsor. pend a registered exporter without no- should be, how we can bring new low- We have a serious problem today tice. The FDA also has the authority to cost generic biologics to market. Key with drug prices all across our land. inspect all facilities in the chain of to this debate on this legislation that The American people have asked us to custody of a drug. is pending before the Senate is the do something constructive about this The bottom line is this bill gives the adage, which we have heard time and crisis. Why is it Americans pay the FDA broad authority and the resources time again, that is: A drug which is not world’s highest prices for prescription to ensure that imported drugs are in affordable is neither safe nor effective. drugs? This is simply not fair, and I fact safe. It is unacceptable that work- The simple fact is, even with the new have to believe we can do better in ing parents have to make a choice be- Part D prescription drug benefit as America. While the issues contributing tween medicine they cannot afford for part of the Medicare Program that has to prescription drug prices are many their child and making the rent pay- been in place for more than 2 years and complex, this amendment, the ment on time. It is unacceptable that now, we still have at least 60 million Pharmaceutical Market Access and older citizens have to choose between Americans overall that today pay the Drug Safety Act, offers a genuine and paying for needed medication and pay- full price of medications, have no help workable piece of the solution. ing for food. whatsoever because many have no It is no secret to anyone that Ameri- This Chamber can do something health insurance or their insurance cans already import many prescription about this challenge, can do something does not provide coverage for prescrip- drugs, and I have heard from constitu- about this Hobson’s choice so many tion drugs. ents in my home State of Pennsylvania families face every day in America. At the same time, the price that about buying drugs outside of this The Dorgan amendment provides an ef- Americans are paying is the highest country. A recent study shows that fective regulatory framework to ensure price in the world. For those of us who would cost from 35 to 55 percent less that imported drugs are safe for our are fortunate to have prescription drug than constituents of mine are paying. families. I urge all my colleagues to coverage, the estimated cost of medica- They can pay a much lower price if support this amendment which will tions is part of the major exorbitant they are able to get prescriptions from provide an invaluable piece of the solu- increase in the cost of health care. another country. Seniors who are liv- tion to making FDA-approved prescrip- Many of my colleagues have recog- ing on limited incomes are especially tion drugs affordable for everyone. nized that our system lacks competi- vulnerable and need to cut costs wher- The PRESIDING OFFICER. The Sen- tion that would assure our constituents ever they can. ator from Oklahoma is recognized. more affordable access to lifesaving We all know the high cost of health Mr. INHOFE. Mr. President, I ask medications. That is why I am very care across all of our States is prohibi- unanimous consent that I be permitted pleased to join with the Senator from tive for so many vulnerable citizens— to speak as in morning business for up North Dakota, and we have the support children, working families, and older to 10 minutes. of a bipartisan group of colleagues in citizens. The reality is when the The PRESIDING OFFICER (Mr. the Senate, along with Senators monthly budget has been spent on ne- BROWN). Without objection, it is so or- GRASSLEY and KENNEDY and Senators cessities such as food or childcare, doc- dered. MCCAIN and STABENOW who are unified tors’ visits, housing, transportation— (The remarks of Mr. INHOFE are with us in supporting this bipartisan when all those costs are incurred, printed in today’s RECORD under approach. many families do not have money left ‘‘Morning Business.’’) Today, our voices echo those of 8 out over for medicine. These individuals Mr. INHOFE. Mr. President, I yield of 10 Americans who are calling for safe may have no choice but to forgo needed the floor, and suggest the absence of a importation. After nearly 3 years of medicine and hope for the best. quorum. awaiting Senate consideration of our Another recent study found 43 per- The PRESIDING OFFICER. The legislation in 11 related hearings on cent of uninsured Americans ages 19 to clerk will call the roll. this subject in the Senate, we simply 64, and even 18 percent of insured The bill clerk proceeded to call the must move forward. The reason is adults, did not fill a prescription be- roll. abundantly clear. We know the cost of cause of cost. This is in the richest The PRESIDING OFFICER (Mr. health care is rapidly rising in Amer- country in the world. We can do a lot WHITEHOUSE.) The senior Senator from ica. better than that, and we must do bet- Maine is recognized. Prescription drug prices have con- ter than that. Ms. SNOWE. Mr. President, I ask tributed to that exorbitant increase. I support this legislation because it unanimous consent that the order for Compared to 1990, nearly twice as much gives us the opportunity to help fami- the quorum call be rescinded. of our health care dollar goes to medi- lies in America, and to do so safely. The PRESIDING OFFICER. Without cations. As the GAO has readily told There are a number of safety features objection, it is so ordered. us, the cost of prescription drugs com- that are intended to guarantee that Ms. SNOWE. Mr. President, I rise in monly used by seniors has consistently only safe and effective—let me say that support of the amendment that has increased at two to three times the again, only safe and effective—FDA-ap- been introduced by Senator DORGAN rate of inflation, as indicated by this

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.057 S02MYPT1 ccoleman on PRODPC74 with SENATE S5476 CONGRESSIONAL RECORD — SENATE May 2, 2007 chart, when you are comparing brand sively address the various concerns we have many standards incorporated drugs, generics, and the CPI. that have been raised months and in this legislation in which it would That is why we can no longer afford years about drug importation so we occur. to postpone any action. We have acted can get something done. We adopted language that had been before. We acted on legislation back in People say: Well, let’s just certify introduced by the Senator from Cali- 2000. Then we also took action with re- safety. Well, as I have said earlier, it is fornia, Mrs. FEINSTEIN, with respect to spect to the Medicare Modernization a roadblock. It is an impediment to get Web sites and domestic Internet phar- Act in 2003 which created a Part D pre- anything done. It essentially becomes macies so that we assure that properly scription drug program. We have found the poison pill. We have tried certifi- licensed pharmacies and pharmacists the requirements for the Secretary of cation. We have given the Secretary of are behind Web sites that are offering Health and Human Services to certify Health and Human Services under two these medications. the safety and savings of drug importa- administrations—this administration Some say importation will allow un- tion have blocked any action; it has be- and the previous administration—the approved drugs to enter the United come a roadblock to safe importation. ability to do that, to certify it. They States. Again, on that point, our legis- While FDA was unable to point to a are unwilling to do so because they lation is abundantly clear. Every drug single individual harmed by Canadian have said they do not have the re- received will always be FDA-approved. drugs—and in Europe, where they have sources, they do not have the means. If any difference exists in a foreign had a track record of more than 30 Well, we are giving them the means drug, even the most minute, our legis- years of parallel trading—it has proven and the resources. But to pass another lation assures FDA will evaluate the that this trade can be conducted safely. amendment that simply calls for the product and determine its accept- Time and time again, they have dem- Secretary of Health and Human Serv- ability. If the drug is not bioequivalent onstrated that their process of parallel ices to certify drug importation is a to a U.S. drug, the Secretary may re- trading has worked without any harm roadblock. It is a road to nowhere with ject approval of that medication. Some say we will import counter- to their consumers. Without a doubt, respect to this initiative. That is why feits. The truth is, today the FDA does Americans would not be turning to im- Senator DORGAN and I took a different not know even the level of domestic ports if there was not substantial sav- route. ings. Indeed, the CBO has told us that We address all the safety questions. counterfeiting where, as I said earlier, the preponderance of the problem ex- countries from which we would import We do not certify to ensure safety, we ists. It is simply not employing the under this bill would pay 35 to 55 per- take action with these provisions. very anticounterfeiting technologies cent less for a brand prescription drug. What we do is employ the measures to which our legislation demands in order Let me repeat that—35 to 55 percent actually make drug importation safe. to ensure that we protect against the less than we pay today. Opponents claim importation will In other words, American consumers cause harm. But they fail to note that threat of counterfeits. The fact is, we employ technologies today like the are paying 35 to 55 percent more than the greatest threat to the safety of ones we use now for twenty-dollar bills. foreign consumers when it comes to Americans is the inability to take a We can use the same for prescription medications. That is remarkable. We drug as it is prescribed. That exacts a drugs. have seen so many objections to this toll on thousands, if not millions, of Moreover, this bill supports develop- legislation for the better part of a dec- Americans each and every year, not to ment of future anticounterfeiting and ade. That is why we have taken it upon mention lives lost. track-and-trace technologies, very ef- Some say Americans would receive ourselves to develop a regime that has fective methods which we hope will be drugs from illegitimate sources, but been incorporated in this amendment used to protect all drugs. For those and in our legislation that would ad- under our legislation, Americans will who say consumers would not know dress every facet, every issue that is receive imported drugs from 32 coun- who has handled the imported prescrip- associated with safety in order to allow tries with high standards. In most tion drug, again, our bill requires a drug importation to occur. cases Americans will purchase an im- chain of custody, a pedigree to be As I said earlier, the European Union ported prescription drug from their maintained and inspected to help en- has already engaged in parallel trading local pharmacies just as they do today. sure the integrity of imported medica- for three decades without incident. As The pharmacies will receive these tions. A pedigree for prescription drugs seen here on this chart, where we have drugs from the U.S. wholesalers which was mandated, believe it or not, by law incorporated 31 different key safety import them. These wholesalers will in 1988 and still has not been imple- provisions in our legislation, and com- have been registered. They will be in- mented by the FDA. Under our legisla- pare that to the Medicare Moderniza- spected. They will be monitored by the tion, at last we will require pedigrees tion Act that passed in 2003 that cre- FDA. This higher level of safety is also to be implemented for all medications. ated the Part D prescription drug ben- a first step in establishing a higher Some opponents will even attempt to efit to the Medicare Program, only 6 standard for handling of prescription alarm Americans about the countries provisions that related to safety were drugs right here in the United States from which we import drugs, citing incorporated in that landmark initia- where we have had the preponderance Latvia, Estonia, Slovakia, and mem- tive. of problems. bers of the European Union. But con- We include 31 different initiatives to Our legislation allows individuals to sider that another member is Ireland address every single safety-related directly order medications using an where Lipitor is made. Again, I call issue that has emerged in this debate. FDA-registered and approved Canadian your attention to this chart which in- Whether it has been on the floor of the pharmacy. Again, just as with whole- dicates the European Union and other Senate, whether it has been in the salers handling prescription drugs, the countries from which we import drugs course of hearings or elsewhere, we FDA will examine, register, and in- designated in blue. They either meet have addressed every safety-related spect these facilities on a frequent our standards or have even higher ones, issue to create a regime that should basis. The FDA will assure the highest ones as you can see in this chart, all of create the assurance that this can be standards for such functions as making the blue countries from which we done safely and without harm to Amer- sure the medical history is recorded of would import. They have our standards icans so they can benefit from lower the individual, verifying prescriptions, or they exceed our standards. priced medications. and tracking the shipments. In contrast, this chart denotes the Americans deserve to have the lower Some say consumers will get medica- countries in red from which, again, our priced medications. The FDA can con- tions they should not be getting. Re- manufacturers import medications. duct this program. They can conduct gardless of whether one purchases im- That is interesting. The FDA inspects this regime. They should work ported drugs from the local pharmacist pharmaceutical manufacturing plants proactively to assure these drugs are or uses a Canadian pharmacy, we as- in these countries denoted in red. safe. We give them the means and the sure that a legitimate prescription and These are countries from which manu- wherewithal and the resources in order a qualified pharmacist will be vital in- facturers will import products. It in- to accomplish this. We comprehen- gredients to ensuring safety. In fact, cludes China, India, Bulgaria, Jordan,

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.066 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5477 and other countries. In fact, they have ysis of the Congressional Budget Office tions. This is what CBO has indicated lower standards. So what I have indi- which has confirmed that the savings, to us would be necessary in order to ac- cated, based on what this map shows, is indeed, should be substantial—not sur- complish and implement these safety- that we have the blue countries from prising. It would be very substantial, related measures. We think it is impor- which we would allow importation of indeed. They estimate a 10-year direct tant the FDA have the resources that drugs that would be FDA-approved, fa- savings alone of $50 billion to the are essential for regulation, for moni- cilities inspected, documented. We American consumer—$50 billion. That toring inspections of both domestic would have pedigrees and technologies is probably on the conservative side. wholesalers, who would import the pre- to track the shipments. These are The Federal Government stands to scription drugs, as well as the Cana- countries that meet or exceed our save $6.1 billion in the Medicare and dian pharmacies from which American standards. Today we already have FDA Medicaid Programs alone. This is only consumers could order. pharmaceutical manufacturing plants the savings that CBO projected from Some say our bill is intended to in these countries in red that, in fact, purchases of imports. With increased adopt Canadian prices. Again, quite the have lower standards. So we already, competition in our markets, we could contrary. We open importation to 32 amazingly enough, allow medications indeed save more, having competition, countries which meet our safety stand- to come in from countries that have having the pharmaceutical industry ards. We are not simply adopting the lower standards. Why do we? Because have some competition in their pric- price of another country. Rather, we they are inspected by FDA. So the ing. Understand, individuals can’t im- are purchasing in a world market. That same process can’t work for countries port medications. Pharmacists can’t is a critical point. We are allowing that meet or exceed our standards al- import medications. Only manufactur- American consumers to benefit from ready, that already have a track record ers can. So we are saying: Let’s set a worldwide prices because of the com- in parallel trading in and amongst standard. Let’s allow imports that ben- their own countries, and we can’t do it petition that would be allowed. Obvi- efit the individual consumer with safe- ously, something is happening in other today for those countries when FDA al- ty-related provisions put in place. ready does it for other countries that countries where we want to import In fact, in a recent Commerce Com- these medications because they are have lower standards? Because that is mittee subcommittee hearing, we had where many of our medications are paying 35 to 55 percent less than Amer- the opportunity to hear from a number ican consumers. Why should that be manufactured. That is where our man- of experts. We heard from a pharma- ufacturers import and FDA inspects the case? These are countries, by the ceutical economist who estimated that those facilities before those medica- way, that meet or exceed our standards importation could result in a 12- to 20- tions enter the United States. So this when it comes to drug safety. Yet percent reduction in domestic drug is already done. It is done with coun- American consumers are paying 35 to costs. That is an annual savings, not tries that have lower standards, and we 55 percent more for the same medica- find that acceptable. Yet we say we are over 10 years, of up to $40 billion per tions. not finding it acceptable from coun- year, as competition is created for con- Some say we compel manufacturers tries that already have a track record sumer savings. So as a direct result of to sell the product. But our bill is very of parallel trading amongst their own the competition that would develop as clear on that specific point. We never country without injury to any of their a result of importation, consumers compel any manufacturer to sell any consumers over the last 30 years that alone could save up to $40 billion a particular product. But when a manu- meet or exceed our standards. It simply year. facturer chooses to sell product, the bi- So at a time when health care spend- doesn’t make sense. partisan bill prohibits discriminatory ing is reaching 16 percent of GDP and We are setting a model for improving acts against pharmacists and whole- is climbing, this competition is an im- safety because we are saying we are salers who sell these medications. perative. It is central. It is central to going to create 36 different measures Those actions have reduced supplies of the consumer who is facing double- for establishing safety for the Amer- essential drugs for some Americans, at digit increases in prescription drugs. ican consumer to assure all those con- peril to their health. Prescription drugs are not getting cerned that we have the measures in We are saying they cannot take ac- cheaper in America. They are getting place and the resources with which to tion that discriminates against a phar- more expensive. As I said, the Amer- do it. So to those who say importation macy because they have sold those ican consumer is spending 35 to 55 per- is unsafe, we show them how it shall be drugs to an American consumer. They cent more than the foreign consumer. safe under our legislation. It sets a are not penalized because their supplies Health care spending is 16 percent of model and a standard. are cut off by the manufacturer as a Some say consumers will not see sig- the GDP. Much of the increase in means of punishment and discrimina- nificant savings. But drugs imported health care spending is attributed to tion. under this program will be labeled as the rising cost in prescription drugs. imports so consumers will have the op- So that is why this becomes all the Now, some say importation will portunity to do some comparative more important to the American con- threaten research and development. shopping. They will be able to take sumer and, indeed, to the Federal Gov- But the fact is, manufacturers will in- those prices and do a side-by-side com- ernment that will save $50 billion over vest just as other industries do, in parison between the imports and those 10 years and 6 billion alone in Medicare order to develop innovative products medications they buy in the United and Medicaid spending. That is impor- and remain competitive. The taxpayer States. Consumers have become well tant to our own interests and to our is a partner in that investment. The aware of foreign pricing and the com- budgetary concerns about the growth American taxpayer is a partner. The petition that exists between imported in these respective programs. taxpayer makes investments in re- and wholesalers. We know they will Some have argued that we haven’t search and development. In fact, we achieve consumer savings; there is no provided the resources necessary to run fund nearly $30 billion a year to do question. That is why so many Ameri- an importation program. But we have basic and applied research at the Na- cans, including many of my constitu- established a means of financing, a tional Institutes of Health alone—$30 ents from the State of Maine who have small fee based on the value of im- billion. been able to access medications from ported drugs which will now be set at a So as you can see on this chart, as to Canada, have had to take bus trip after cap of 2.5 percent. We have always R&D spending from all the companies, bus trip. They have been compelled to agreed that the FDA should have ade- we—the United States consumer and do that in order to achieve savings be- quate resources. In fact, we heard from taxpayer—fund and underwrite much of cause of our unwillingness to address previous Secretaries of Health and their research and development. this issue in the Senate and the overall Human Services, we don’t have the re- As I said earlier, other industrialized Congress. This legislation should have sources to certify safety. So now we countries pay 35 to 55 percent less for been accomplished a long time ago. are providing a certification for that their drugs. But because of the higher In terms of savings, it should be in- by including this cap of 2.5 percent for prices Americans pay for their medica- teresting to note the independent anal- a fee on the total import of medica- tions, the American consumer ends up

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.067 S02MYPT1 ccoleman on PRODPC74 with SENATE S5478 CONGRESSIONAL RECORD — SENATE May 2, 2007 paying $99 billion more for their pre- Now, in conclusion, let me say, I competition. Competition has been vir- scription drugs each year than other- hope this Senate will adopt this tually absent. I note the comment of wise would be the case. Let me repeat amendment that creates the kind of the former Pfizer CEO, Hank that. Because we pay 35 to 55 percent safety regime that would ensure drug McKinnell, who wrote: more than foreign consumers, Amer- importation will become a reality. Competition is good medicine for econo- ican consumers end up paying $99 bil- Simply certifying safety on the part of mies. . . . Name an industry in which com- lion more for their medications. the Secretary of Health and Human petition is allowed to flourish—computers, With all that additional profit, the Services has been tried and yet has telecommunications, small package ship- industry spends about $9 billion more never accomplished that goal. It has ping, retailing, entertainment—and I’ll show on research and development than they been an impediment to drug importa- you lower prices, higher quality, more inno- do in Europe. That is 10 cents return on vation, and better customer service. There’s tion. It has occurred twice in the last nary an exception. Okay, there’s one. So far the dollar for all that added profit mar- 10 years, and for whatever reasons the the healthcare industry seems immune to gin. So while the American consumers Secretaries in the previous administra- the discipline of competition. spend $99 billion more for their pre- tion and this administration have con- Those are the words of the former scription drugs than foreign con- cluded they will not certify the safety Pfizer CEO, Hank McKinnell. sumers, in Europe, for example, Amer- regime because there has been no safe- It is indeed time to make competi- ican pharmaceuticals spend only $9 bil- ty regime. It could be done, but it has tion work to benefit consumers and lion more—from that $99 billion—on re- not been done through the agencies. taxpayers. Americans deserve and will search and development than they do FDA could do it. It has not accom- seek out affordable life-sustaining in Europe. We spend only $9 billion plished it. It has not implemented it. It medications. We must assure that ac- more here than they do in Europe on has not had the impetus to pursue it. cess is safe. That is what we accom- research and development. That means That is why we have taken it a step plish in this amendment that is pend- American pharmaceuticals are netting further. This legislation has been ex- ing before the Senate. $90 billion more, that they are only in- amined, reexamined, based on the con- Again, I thank my colleague from vesting $9 billion more in research and cerns that have been expressed by North Dakota, Senator DORGAN, for his development. those who have been opposed to it in So it is not undercutting their abil- leadership on this question and for all the past saying they have concern those who are supporting this initia- ity for research and development, not about safety. to also mention, by the way, the Amer- tive. We understand that. So we have gone Mr. President, I yield the floor. ican taxpayer invests more than $30 a step further and incorporated every billion at the National Institutes of The PRESIDING OFFICER. The Sen- safety-related measure possible that is ate majority whip. Health alone for basic research as well. achievable, measurable, and provide In fact, if you look at the R&D spend- the FDA with the resources to accom- AMENDMENT NO. 1022 ing of the largest pharmaceutical plish it. (Purpose: To ensure the safety of human and firms—as indicated again by this The Senate has voiced its view to pet food.) chart—it is not markedly different provide market access on this issue on Mr. DURBIN. Mr. President, in a from many other firms. If you look at many occasions, even by virtue of pass- brief period of time I will be offering an other firms, such as Intel, Microsoft, ing the certification standard. Obvi- amendment which I hope to bring to a Lucent, and others with high research ously, I think there has been an indica- vote very shortly, perhaps in the next and development costs and relatively tion on the part of the Senate to sup- 15 or 20 minutes, depending on the low production costs, their research port some type of initiative that allows wishes of the chairman of the com- and development spending averages for drug importation. But we want to mittee and the ranking member, Sen- about 14.3 percent of gross revenues— mitigate the concerns that have been ator ENZI. not much different—yet their products expressed repeatedly about the issues This amendment relates to the issue are highly competitive, very competi- of safety by incorporating all of those of food safety. This has been one of my tive. You have seen the software, cell measures in this amendment that is concerns for a long time as a Member phones, computers, laptops, whatever. pending before the Senate. of the House and the Senate. I know You have seen the very competitive In fact, 68 Members of this body everyone across America trusts that pricing today, yet they make an in- voted to adopt the amendment that the food they buy for their families and vestment of 14.3 percent for research was offered by the Senator from Lou- everyone in their house is safe, that and development as a percentage of isiana, Mr. VITTER, to the Homeland they can eat it and not get sick. their gross revenues. Security appropriations bill. But we We all know what has happened over Yet, paying the world’s highest need more than to simply allow impor- the last several months. Whether we prices for drugs does not ensure addi- tation. We must provide an effective are talking about contaminated E. coli tional research, but it certainly does framework that will address the con- in spinach, salmonella in peanut but- decrease access to drugs. So while they cerns that will ultimately ensure the ter, or the latest pet food contamina- do not invest in considerably more re- safety of our consumers. tion, people are asking questions of search and development—since we pay Sixty-eight Members of this body Members of Congress and this Govern- $99 billion more in prices for prescrip- supported blocking the Customs agen- ment: Are we doing our job? What is tion medications, and they only spend cy from banning drug importation, so happening here? Why are so many dan- $9 billion more on research and devel- it is obvious Members of this Senate gerous food products showing up so fre- opment, and the taxpayer spends $30 truly want to pass a measure that will quently? How can we protect our- billion at NIH alone, as I indicated; but allow for drug importation. That is selves? even, comparatively speaking, it is 14.4 why I think this legislation logically For many years I have thought the percent of their gross revenues that are affords us the ability to provide the real answer is to tackle the whole invested in research and development— safety and, at the same time, allow issue. I have said it before on the floor, if you compare that to, as I said, Intel, consumers in America to benefit from 12 to 15 different Federal agencies in- Microsoft, Lucent, and other compa- competition, from lower prices, based spect our food—imagine that—and they nies, which is 14.3 percent, you find on the track record and the experience all have different standards. Some in- more competitive products in the tech- of other countries that have been spect food every single day. Go to a nology arena. Their prices are coming adopting this approach for many dec- meatpacking plant, poultry processing down. The American consumer is not ades. plant; the food is inspected every single benefiting from the investments that Competition is what is missing in day, every minute of every day, as it are being made by the pharma- this process. It will work for the con- passes along those lines by the U.S. De- ceuticals, yet it is a highly profitable sumer. To date, the process has not partment of Agriculture. industry. So we are not seeing the worked for the consumer where they Fish is another story. Fish is in- same benefits that would yield lower have benefited from lower prices for spected by the Food and Drug Adminis- prices for the American consumer. medications because there has been no tration. How do they inspect it? By

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Sure, we terms of inspecting fish. amine is a chemical derived from coal, found it in the cans of dog food and cat So when you go throughout our Gov- which is used in the manufacturing of food, but guess what. It ended up in ernment and look at different products plastic. It has no business in anything livestock feed. It ended up moving into and how they are inspected, it makes that is edible. It was put into the ship- the feedlots for hogs, turning into pork no sense why different agencies are ment of protein, this wheat gluten, in products we buy in the store. It ended doing different parts of the food chain. order to enhance its value because up in poultry plants, being fed to From a consumer’s point of view, I do when they tested this wheat gluten on chickens. We are naive to believe that not want to know there are 12 or 15 dif- its arrival, this melamine chemical in- any problem in the pet food industry ferent agencies at work, with their dicated the presence of nitrogen, there- can’t possibly make it to the human lights on, in Washington, with a lot of fore, more protein, and, therefore, it food side of the equation. It can. God different employees. I want to know was worth more. They would sprinkle forbid that it ever does. We hope we there is one good agency, scientifically in the melamine and make more have stopped it in this instance, but it driven, that is making the right call as money off the shipment. If this were is pure luck if we were able to save our- to whether there should be an inspec- the end of the story, you would say: selves from that calamity this time. tion every day, every month, every Well, that was a pretty nice move; they We don’t want it to happen again. year—whenever. just made a bigger profit off the ship- There are provisions in this amend- They do not have that today, and the ment. It wasn’t the end of the story. It ment which go directly to the pet food system breaks down. What we have turns out that wheat gluten, when used issue, provisions which require the seen happen over the last several for pet foods, is toxic. Over 4,000 ani- FDA to update their labeling standards months is a clear indication that our mals died across America because of for pet food, including nutritional and ingredient information, working close- food safety system—as good as it may melamine and possibly other contami- ly with the American Association of be—needs to be a lot better. So I am of- nants. We are still investigating. Feed Control so that the representa- fering this amendment on food safety. So we went to find out how it got I thank the Senator from Wyoming into the shipment, and the Chinese did tions on the labels of these cans of pet who has been very cooperative and not cooperate. They have started to. I food are honest representations about helpful in making certain this is a bi- am glad they have. They have agreed what is good for your animal and what partisan amendment. There is nothing to visas for our inspectors. But this pet is safe. Also, it requires that the Sec- partisan about food safety. We should food crisis was a warning sign, a signal retary of Health and Human Services establish an enhanced system capable all agree that the goal is one both par- to us in America that this dramatic in- of detecting food contamination and ties share, all Americans share. Sen- crease in imports of food products leaves us vulnerable. Today, it was outbreaks of pet illness and death. ator KENNEDY has given me the time to your cat or your dog. Tomorrow, it This amendment also requires the offer this amendment on this impor- FDA to develop an efficient, effective tant bill early on, and I certainly ap- could be someone in your family whom you love. So we address part of this in communication plan to coordinate preciate it. Senator ALLARD from Colo- with veterinarians and consumers, rado, a veterinarian, has been involved this bill. Secondly, it is an indication that the owners across America, so that we can in this negotiation, as has Senator Food and Drug Administration doesn’t find out if we are dealing with a need HARKIN, the chairman of the Agri- have the authority or the resources to for a recall. Recall data would be con- culture Committee. Many people have do their job as well as they should. solidated and presented in a searchable come together to take a look at this This is a great agency. They have an format. They were recalling pet food so and make sure it is moving in the right awesome responsibility. We heap more quickly that if you went to the FDA direction. and more responsibility on them each Web site, you had to plow through all There was an early warning. The year, we provide them very little by of the corporate press releases to figure early warning came a few weeks ago way of additional resources, and they out just exactly what was a dangerous when we had a pet food crisis. People are being stretched to the absolute product. When I mentioned this to the who own dogs and cats know what I am limit. Of course, this pet food crisis is FDA, they changed their Web site, and talking about. All of a sudden there an early warning that the whole food we put it into law, to make sure they was a suspicion that the food you were safety system has to be investigated are consumer friendly and have up-to- giving your dog—that animal you love, and honestly looked at. So this is a date information consumers can under- an animal that is part of your family— start. It is an effort to try to make a stand. could be poisoning that animal. Well, difference. We work with the Secretary as well for 90 million Americans that is a big I wish to thank Senator KOHL from and the States on activities and pro- deal, and they were concerned about it. Wisconsin and Senator BENNETT from grams to improve the safety of raw ag- So we started looking into why this pet Utah. When the pet food crisis came ricultural commodities. We go beyond food was contaminated. out, they called a timely hearing after just pet food into all edible products, That crisis was an early warning sig- our Easter recess, and we started work- agricultural products. What we at- nal to America. It was a warning signal ing on this amendment just at that tempt to do is to have the Secretary that we came to learn had a lot to do moment, and thanks to them for real- share resources with the States to im- with the imports coming into America. izing the importance of this issue. prove State food programs and help More and more imports of food prod- I also thank those who helped us States establish standards for inspec- ucts are coming in from overseas. If draft this legislation—the Center for tion. Fifty States, 50 standards, is un- you believe we have inspectors sitting Science and the Public Interest, the acceptable. There should be one sci- in China and France and Germany and Humane Society, which has been ter- entific matrix we follow so we know Brazil taking a look at these things as rific from start to finish, the American that whether the product comes from they come off the assembly line, taking Veterinary Medical Association, and Oregon or Illinois or New Hampshire, a little test sample and running it to the Coalition for a Stronger FDA. that it is safe. the lab, you are wrong. It does not hap- Special thanks, while I am giving out We also establish something that I pen. In fact, once the shipment is on bouquets here, to my staffer David Laz- think is historic. It applies to pet and the boat, or on the plane, coming to arus. This young staffer has really put human food as well. It is an adulter- America, the odds are 99 to 1 no inspec- his heart and soul into this effort. It is ated food register, to collect informa- tor will ever look at it before it is put his first major legislative undertaking, tion on cases of food adulteration and into a food product—99 to 1. Only 1 to and I commend him for the very fine suspected adulteration that are poten- 1.5 percent of food products sent to job he has done. tially dangerous and improve the speed

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Again, my thanks to my colleagues. demand is commensurate with the de- Menu discovered in the middle of Feb- Madam President, I ask unanimous gree of risk. ruary that the cats and dogs were turn- consent that the pending amendment In addition to these longstanding au- ing up their noses at their product, and be set aside, and I send an amendment thorities and the activities of food then they found those that were eating to the desk and ask for its immediate safety, the Public Health Security and their products started to show signs of consideration. Bioterrorism Preparedness and Re- illness, and then some of the animals The PRESIDING OFFICER (Mrs. sponse Act of 2002 required the Food died. Do you know how long it took MCCASKILL). Without objection, it is so and Drug Administration to register them to report this to the Food and ordered. food processors, inspect their records, Drug Administration? Three weeks. The clerk will report the amendment. and detain adulterated food. It also re- Three weeks, while their products The legislative clerk read as follows: quires the Food and Drug Administra- spread across Canada and North Amer- The Senator from Illinois [Mr. DURBIN], for tion to issue regulations to ensure the ica, on the shelves of stores, and himself and Mr. ENZI, Mr. KENNEDY, Mr. AL- safety of imported foods. unsuspecting customers were buying LARD, and Mr. NELSON of Florida, proposes Food safety has been making news them, they weren’t reporting them. an amendment numbered 1022. lately. From E. coli in fresh spinach to Our law now requires reporting within Mr. DURBIN. I ask unanimous con- salmonella in peanut butter to mel- 2 days, and if they fail to report, they sent that the reading of the amend- amine-contaminated pet food, we hear face civil penalties, which I hope will ment be dispensed with. a constant drumbeat of food safety be imposed on a timely basis so that we The PRESIDING OFFICER. Without problems. let all companies know this kind of objection, it is so ordered. The United States has one of the best delay is intolerable. (The amendment is printed in today’s food safety systems in the world, but We also do something here that is RECORD under ‘‘Text of Amendments.’’) even in the best of systems, there is important. If we find evidence of adul- Mr. DURBIN. Madam President, I ask room for improvement. Those improve- terated food, we report it as well to for the yeas and nays. ments can take many forms. For exam- Homeland Security. Why? Well, Gov- The PRESIDING OFFICER. Is there a ple, we can address how food becomes ernor Tommy Thompson told us why. sufficient second? There appears to be contaminated in the first place, and we When he left as Secretary of Health a sufficient second. can make advances in the processing and Human Services under this admin- The yeas and nays are ordered. and handling of food. Our surveillance, istration, he said: I find it unimagi- Mr. DURBIN. Madam President, be- testing, and reporting systems rep- nable that someone hasn’t tried to use fore yielding the floor, of course I will resent areas we should evaluate, as our food supply—the terrorists haven’t leave it to Senator ENZI and Senator well as internal and external commu- turned to our food supply to cause in- KENNEDY for the timing of this rollcall, nications. Interagency cooperation and jury and death. He understood, as I do, but I am ready at any time for it to be coordination between Federal and and everyone should at this moment, it called after they have had a chance to State officials is critical in identifying, is a vulnerability for America we need make a statement. tracking, and responding to outbreaks to avoid. So this food registry will I yield the floor. of foodborne illness. move us into a notification phase so The PRESIDING OFFICER. The Sen- The amendment offered by my col- the Department of Homeland Security ator from Wyoming is recognized. league, Senator DURBIN, contains sev- can at least have notice if there is a Mr. ENZI. Madam President, I thank eral important elements in that re- problem. the Senator from Illinois, Mr. DURBIN, sponse, but it is the beginning, not the We also require better access to busi- for his tremendous work and creativity end, of the process of food safety. This ness records for the investigation to and willingness to make revisions to amendment does a number of impor- get to the bottom of it. Where did it his amendment so that we can clear up tant things. It establishes standards come from? How is it used? How can we outstanding concerns or clarify out- for pet food and sets up early-warning contain the need? standing concerns people might have systems for any problems with pet We talk about a sense of the Senate had with it. I think we are at the point food. The amendment improves com- in this amendment that points in an- where that is the case. I would like to munications systems about all food re- other direction, maybe going beyond make a few comments on it myself. calls, and it coordinates State and Fed- this current crisis into looking at an Food safety is an issue that affects us eral activities on fresh and processed overhaul of our whole food safety sys- all. It is not a partisan issue. We all produce. Finally, the amendment cre- tem, and we require the Secretary of want the safest food supply possible. It ates a database of instances of adulter- Health and Human Services to report is, instead, our shared goal, a goal that ated food so that the FDA can better annually to Congress with information requires cooperation and teamwork track patterns of problems and target about their inspections and enforce- through a complicated process, and we its limited resources where they are ment. have had that. most needed. I am going to yield the floor at this For many of us, the safety and reli- I am pleased we are able to work point, and I again thank Senators KEN- ability of our food system is something across party lines to develop an amend- NEDY and ENZI for their help on this we all too often take for granted. Day ment today that we can all support, important legislation. by day, we consume our favorite bev- and I ask unanimous consent to be a I wish to tell my colleagues that erages, enjoy a quick snack, or sit cosponsor, along with Senator ALLARD. there were things I wanted to add in down to a meal at a local restaurant. The PRESIDING OFFICER. Without with this amendment, but in the inter- We rely on a system of checks and bal- objection, it is so ordered. est of avoiding political conflict and in ances that takes place behind the Mr. ENZI. However, there is much the interest of not slowing down this scenes that we are often unaware of more work to be done. This amendment important legislation and in the inter- until something goes wrong. Then and is a good first step on the road to a est of making certain we did achieve only then do we realize how dependent comprehensive response to food safety. something today, I am saving those ar- we are on the food safety system that In March 2005, Senator KENNEDY and guments for another day. is supported by the activities carried I announced that we were working to One of them is the issue of manda- out by the Federal, State, and local develop a comprehensive response on tory recall, which I think our Govern- government agencies, as well as by the another FDA issue, which is drug safe- ment should have the power to do and food industry itself. Together, they in- ty. The bill on the floor this week is a currently does not. Our Government spect, test, research, and monitor our direct result of that announcement and

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.071 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5481 that pledge to work together. So when kind of protection and safety to the ment that we want to clear up before I pledge today to work to develop a food supply for American families. the amendment is considered. comprehensive response on food safety, I commend the Senator from Illinois. I ask unanimous consent to modify you can have some sense that I do I think we will be ready to have a vote the amendment as submitted to the mean that. I want my colleagues to on this at the earliest time. Senate. I send the modification to the work quickly and diligently to get this The PRESIDING OFFICER. The Sen- desk. amendment to the point where we can ator from Illinois. The PRESIDING OFFICER. Without accept it. I know we have it scheduled Mr. DURBIN. Madam President, I ask objection, the amendment is so modi- for a vote at the moment, too. unanimous consent that Senators fied. Madam President, I yield the floor. KOHL, CANTWELL, SCHUMER, and BIDEN The modification is as follows: The PRESIDING OFFICER. The Sen- be added as cosponsors of this amend- (3) post information regarding recalled ator from Massachusetts is recognized. ment. products on the Internet website of the Food Mr. KENNEDY. Madam President, I The PRESIDING OFFICER. Without and Drug Administration in a consolidated, wish to join with Senator ENZI and objection, it is so ordered. searchable form that is easily accessed and thank our friend and colleague, Sen- Mr. DURBIN. Madam President, I ask understood by the public. SEC. l04. STATE AND FEDERAL COOPERATION. ator DURBIN, for his strong leadership unanimous consent that the Senate (a) IN GENERAL.—The Secretary shall work on this issue. This is an issue of enor- proceed to vote in relation to the Dur- bin amendment No. 1022; that no other with the States in undertaking activities mous importance to families across the and programs that assist in improving the country. amendments be in order prior to the safety of fresh and processed produce so that As Senator ENZI just mentioned, over vote; that the time until then be equal- State food safety programs involving the a year ago we made a strong commit- ly divided and controlled between Sen- safety of fresh and processed produce and ac- ment to the Senate that we were going ators KENNEDY and ENZI; and that the tivities conducted by the Secretaries func- to work on this drug safety issue, and vote be scheduled for 4:30 p.m. tion in a coordinated and cost-effective man- we have come here in a bipartisan way The PRESIDING OFFICER. Is there ner. With the assistance provided under sub- objection? section (b), the Secretary shall encourage to put forward a very strong bill that States to— will ensure greater safety for American Without objection, it is so ordered. Mr. DURBIN. Madam President, I (1) establish, continue, or strengthen State families in the area of prescription yield the floor. food safety programs, especially with respect drugs. I think we are here to say that The PRESIDING OFFICER. The Sen- to the regulation of retail commercial food we will join with our friend and col- ator from Massachusetts is recognized. establishments; and league from Illinois to build on what is (2) establish procedures and requirements Mr. KENNEDY. Madam President, we for ensuring that processed produce under an enormously important amendment expect the vote at 4:30, for our col- and commitment to ensuring that we the jurisdiction of the State food safety pro- leagues. After that, we are going to grams is not unsafe for human consumption. are going to have food safety as well as have a conversation with those who (b) ASSISTANCE.—The Secretary may pro- pet food safety in this country. have been primarily interested and vide to a State, for planning, developing, and I think this amendment, as has been concerned about the whole issue of bio- implementing such a food safety program— outlined by Senator DURBIN and Sen- logics. So I give the assurance we are (1) advisory assistance; ator ENZI, reaches the heart of the going to address that issue in a timely Mr. DURBIN. Madam President, I challenges we face. One is on the issue way. That will ultimately be part of suggest the absence of a quorum. of surveillance. We understand that is this legislation. The PRESIDING OFFICER. The an essential aspect, whether it is food We also will be able to report on clerk will call the roll. safety or prescription drugs, or wheth- progress we have made on several other The assistant legislative clerk pro- er it is in the area of avian flu, bioter- amendments. There are a few items ceeded to call the roll. rorism—whatever the challenge that is that are going to necessitate our atten- Mr. KOHL. Madam President, I rise out there, surveillance is the first tion through the evening. We had a today and would like to briefly speak thing that needs to be done. We know very good debate earlier today on the about Senator DURBIN’s amendment re- that today the system is grossly inad- children’s provisions; we had an impor- garding food safety. I was happy to co- equate. tant vote and discussion on that. sponsor this amendment, and I agree Second, we know the information This addition this afternoon is enor- with all of the sentiments expressed by about food and food safety is scattered mously important, and I think the the Senator earlier today. through a number of agencies and time that has been taken to work This amendment deals with many of through a number of different kinds of through this legislation has made it the underlying problems that allow delivery systems, and that the coordi- even stronger and better than I think food safety issues, such as the ones we nation between the Federal and State it otherwise might have been. I am have dealt with in recent months that is loose. In all of these areas, this grateful to all of our colleagues who have affected not only humans, but amendment addresses these issues and are working with us on both sides of their pets as well. questions in a very effective way, to the aisle, and particularly the staffs. It requires the FDA to set standards bring common sense to and put real We are moving forward. We are going for pet food and to update them as nec- teeth into the safety provisions. to be busy this evening trying to work essary, and it directs the Secretary of The pet food standards that are in through some of the items, and we will Health and Human Services to estab- this legislation are strong and effective have the cloture vote tomorrow and lish a system capable of detecting pet and would be very much appreciated by the follow-on Cochran amendment. food contamination and outbreaks of all Americans who are concerned about There is a glimmer in sight about pet illnesses and death—this will pre- this issue. The standards are variable reaching a conclusion to this legisla- vent the type of confusion that con- at the present time. The reporting is tion. Again, we are very appreciative of tinues to surround the recent mel- not good today, and this particular all who have helped us up to this point. amine outbreak, and will help detect amendment is particularly responsive I suggest the absence of a quorum. these problems much earlier. It re- to that kind of challenge. The PRESIDING OFFICER. The quires FDA to develop effective com- Finally, this addresses the central clerk will call the roll. munication plans to coordinate with concern all of us have read about and The assistant legislative clerk pro- stakeholders during outbreaks of both are concerned about, which the Sen- ceeded to call the roll. pet and human foods, so people know ator has spoken to, and that is the Mr. DURBIN. Madam President, I ask what is going on—quickly—and know issue of importation. When you add up unanimous consent that the order for what to do. It directs the Secretary to all of those kinds of elements, we find the quorum call be rescinded. work with States to collaborate on ac- this is a very solid and meaningful The PRESIDING OFFICER. Without tivities and programs that assist in im- amendment. I think it strengthens the objection, it is so ordered. proving the safety of raw agricultural legislation immensely. We have every MODIFICATION TO AMENDMENT NO. 1022 products such as spinach, which was purpose, as we move forward, to find Mr. DURBIN. Madam President, we the cause of a major food safety recall ways we can provide even a greater found a typo on page 5 in the amend- last fall. Importantly, it requires FDA

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.073 S02MYPT1 ccoleman on PRODPC74 with SENATE S5482 CONGRESSIONAL RECORD — SENATE May 2, 2007 to establish a registry to collect infor- end of the obligation in making sure amendment be set aside and that I may mation on cases of potentially dan- that FDA has the money that it needs, call up amendment No. 983. gerous food adulteration to help get and can use responsibly, to tackle this The PRESIDING OFFICER. Is there any dangerous food off of the shelves problem head on. objection to setting aside the pending more quickly and to allow FDA to tar- Mr. DURBIN. Madam President, I ask amendment? get inspection resources where most unanimous consent that the order for Mr. KENNEDY. Reserving the right needed. the quorum call be rescinded. to object, I suggest the absence of a This amendment does many impor- The PRESIDING OFFICER. Without quorum. tant things—and takes many impor- objection, it is so ordered. The PRESIDING OFFICER. The Sen- tant first steps. I know that Senator Mr. DURBIN. Madam President, pur- ator from Louisiana has the floor. DURBIN would have liked this amend- suant to the unanimous consent re- Mr. KENNEDY. I object to the unani- ment to go a little further, and I agree quest, I ask that the roll be called on mous consent request. with his sentiments, but it is impor- amendment No. 1022. The PRESIDING OFFICER. Objec- tant to at least take the first step. The PRESIDING OFFICER. Under tion is heard. In March of this year, I held a hear- the previous order, the question is on Mr. KENNEDY. Madam President, I ing in Madison, WI, on food safety agreeing to amendment No. 1022, as suggest the absence of a quorum. issues at the FDA. The Commissioner modified, offered by the Senator from The PRESIDING OFFICER. The of FDA attended, as well as the Direc- Illinois. clerk will call the roll. tor of the FDA’s Center for Food Safe- The yeas and nays have been ordered. The assistant legislative clerk pro- ty. At that time, I pointed out that The clerk will call the roll. ceeded to call the roll. outbreaks of foodborne illness caused The assistant legislative clerk called Mr. KENNEDY. Madam President, I by produce have doubled since 1998. the roll. ask unanimous consent that the order Mr. DURBIN. I announce that the During this same time, the FDA’s food for the quorum call be rescinded. Senator from Delaware (Mr. BIDEN), budget has suffered. The number of The PRESIDING OFFICER. Without the Senator from Connecticut (Mr. people getting sick is going up, but the objection, it is so ordered. DODD) and the Senator from South Da- number of inspections and food safety AMENDMENT NO. 983 kota (Mr. JOHNSON) are necessarily ab- tests being conducted is dwindling. So Mr. VITTER. Madam President, I sent. too are the number of food inspectors renew my unanimous consent request I further announce that, if present that any pending amendment be set and overall staff at the FDA’s Center and voting, the Senator from Delaware for Food Safety. Imports have risen aside and that amendment No. 983 be (Mr. BIDEN) would vote ‘‘yea.’’ dramatically over the years, but the called up. Mr. LOTT. The following Senators The PRESIDING OFFICER. Is there FDA is only able to inspect less than 1 are necessarily absent: the Senator percent of them. objection? from Kansas (Mr. BROWNBACK), the Without objection, the amendment is Events after that hearing seemed to Senator from South Carolina (Mr. exacerbate what I pointed out. The re- set aside, and the clerk will report. GRAHAM), and the Senator from Ari- cent pet food scare, and the ongoing The assistant legislative clerk read zona (Mr. MCCAIN). as follows: melamine investigation, serve as con- The result was announced—yeas 94, The Senator from Louisiana [Mr. VITTER] stant reminders that we have been tak- nays 0, as follows: ing this issue for granted, assuming proposes amendment numbered 983. [Rollcall Vote No. 149 Leg.] Mr. VITTER. Madam President, I ask that the FDA has the authority and YEAS—94 funding necessary to do its job, when unanimous consent that the reading of that is clearly not the case. Akaka Durbin Murkowski the amendment be dispensed with. Alexander Ensign Murray The PRESIDING OFFICER. Without Senator DURBIN’s amendment begins Allard Enzi Nelson (FL) to take care of some of the problems Baucus Feingold Nelson (NE) objection, it is so ordered. with FDA authority and actions. Bayh Feinstein Obama The amendment is as follows: Bennett Grassley Pryor (Purpose: To require counterfeit-resistant As the chairman of the Agriculture Bingaman Gregg Appropriations Subcommittee, which Reed technologies for prescription drugs) Bond Hagel Reid Boxer Harkin At the end of subtitle E of title II, insert has jurisdiction over the FDA’s budget, Roberts Brown Hatch it is my job to make certain that the Rockefeller the following: Bunning Hutchison SEC. ll. COUNTERFEIT-RESISTANT TECH- FDA has the money to carry out its Burr Inhofe Salazar Sanders NOLOGIES FOR PRESCRIPTION vital role of protecting our food. The Byrd Inouye DRUGS. Cantwell Isakson Schumer Food Center at FDA doesn’t have user EQUIRED ECHNOLOGIES Cardin Kennedy Sessions (a) R T .—The Sec- fees from industry to boost its fund- Carper Kerry Shelby retary of Health and Human Services shall ing—it all comes from the Congress, Casey Klobuchar Smith require that the packaging of any prescrip- and has been stagnant for far too long. Chambliss Kohl Snowe tion drug incorporate— I have been working diligently to Clinton Kyl Specter (1) radio frequency identification (RFID) make sure that when the fiscal year Coburn Landrieu Stabenow tagging technology, or similar trace and Cochran Lautenberg Stevens track technologies that have an equivalent 2008 Agriculture Appropriations bill is Coleman Leahy Sununu Collins Levin function; written, food safety will be one of its Tester (2) tamper-indicating technologies; and highlights. I do not believe the admin- Conrad Lieberman Thomas Corker Lincoln (3) blister security packaging when pos- istration has ever requested enough Thune Cornyn Lott Vitter sible. Craig funding for food safety at the FDA, Lugar Voinovich (b) USE OF TECHNOLOGIES.— Crapo Martinez this year notwithstanding. I plan to Warner (1) AUTHORIZED USES.—The Secretary shall DeMint McCaskill correct that. It may not happen all in Webb require that technologies described in sub- Dole McConnell section (a)(1) be used exclusively to authen- the first year being fiscally responsible Domenici Menendez Whitehouse can be tough—but it will happen. We Dorgan Mikulski Wyden ticate the pedigree of prescription drugs, in- cluding by— will provide a significant increase to NOT VOTING—6 (A) implementing inventory control; the FDA this year, so they can imple- Biden Dodd Johnson (B) tracking and tracing prescription ment some of what Senator DURBIN’s Brownback Graham McCain drugs; amendment proposes, and quite simply, The amendment (No. 1022), as modi- (C) verifying shipment or receipt of pre- so they can hire inspectors where they fied, was agreed to. scription drugs; are needed, to do the necessary re- Mr. DURBIN. Madam President, I (D) authenticating finished prescription drugs; and search to prevent outbreaks from oc- move to reconsider the vote and to lay curring wherever possible, and so we (E) electronically authenticating the pedi- that motion on the table. gree of prescription drugs. don’t continue to see large recall no- The motion to lay on the table was (2) PRIVACY PROTECTION.—The Secretary tices in our newspapers every day. It is agreed to. shall prohibit technologies required by sub- not a problem that can be fixed imme- Mr. VITTER. Madam President, I ask section (a)(1) from containing or transmit- diately, but I fully intend to meet my unanimous consent that the pending ting any information that may be used to

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.076 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5483 identify a health care practitioner or the (2) EFFECTIVE DATES.—The Secretary shall cifically, wholesale prescription drugs prescription drug consumer. implement the requirements and prohibi- would contain RFID radio-tagging (3) PROHIBITION AGAINST ADVERTISING.—The tions of subsections (a), (b), and (d)— technology, tamper-resistent pack- Secretary shall prohibit technologies re- (A) with respect to prescription drugs on aging, and blister security packaging, quired by subsection (a)(1) from containing the National Specified List of Susceptible or transmitting any advertisement or infor- Prescription Drugs, beginning not later than when possible. mation about prescription drug indications the earlier of— This is language directly from my or off-label prescription drug uses. (i) 1 year after the initial publication of legislation of the last Congress, the Re- (c) RECOMMENDED TECHNOLOGIES.—The Sec- such List; or ducing Fraudulent and Imitation Drugs retary shall encourage the manufacturers (ii) December 31, 2008; and Act. Of course, the purpose of that bill and distributors of prescription drugs to in- (B) with respect to all prescription drugs, and this amendment is to address that corporate into the packaging of such drugs, beginning not later than December 31, 2011. safety concern, which comes up in a in addition to the technologies required (3) AUTHORIZED USES DURING TRANSITIONAL number of contexts, but certainly in- under subsection (a), overt optically variable PERIOD.—In lieu of the requirements speci- cluding reimportation. By ensuring counterfeit-resistant technologies that— fied in subsection (b)(1), for the period begin- that prescription drugs are authentic, (1) are visible to the naked eye, providing ning on the effective date applicable under for visual identification of prescription drug paragraph (2)(A) and ending on the com- this amendment would ensure the drug authenticity without the need for readers, mencement of the effective date applicable supply within the United States, as microscopes, lighting devices, or scanners; under paragraph (2)(B), the Secretary shall well as prescriptions reimported from (2) are similar to technologies used by the require that technologies described in sub- Canada and other industrialized na- Bureau of Engraving and Printing to secure section (a)(1) be used exclusively to verify tions, are indeed safe. United States currency; the authenticity of prescription drugs. Again, the amendment would require (3) are manufactured and distributed in a (g) DEFINITIONS.—In this Act: that such technologies be used exclu- highly secure, tightly controlled environ- (1) The term ‘‘pedigree’’— sively to authenticate the pedigree of ment; and (A) means the history of each prior sale, prescription drugs. It would actually purchase, or trade of the prescription drug (4) incorporate additional layers of non- prohibit such technologies from con- visible covert security features up to and in- involved to a distributor or retailer of the cluding forensic capability. drug (including the date of the transaction taining or transmitting any identifying (d) STANDARDS FOR PACKAGING.— and the names and addresses of all parties to information of a health care practi- (1) MULTIPLE ELEMENTS.—For the purpose the transaction); and tioner or consumer or any advertise- of making it more difficult to counterfeit (B) excludes information about the sale, ment or information about indications the packaging of prescription drugs, the Sec- purchase, or trade of the drug to the drug or off-label uses. So it is specifically retary shall require manufacturers of pre- consumer. for authentication. This is what you scription drugs to incorporate the tech- (2) The term ‘‘prescription drug’’ means a are getting. It cannot be used for any drug subject to section 503(b)(1) of the Fed- nologies described in paragraphs (1), (2), and other purpose that might bring up pri- (3) of subsection (a), and shall encourage eral Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)). vacy or other concerns. manufacturers and distributors of prescrip- It would also require prescription tion drugs to incorporate the technologies (3) The term ‘‘Secretary’’ means the Sec- described in subsection (c), into multiple ele- retary of Health and Human Services. drug shipments to include a label on ments of the physical packaging of the Mr. VITTER. Madam President, first, the shipper container that incorporates drugs, including— in terms of laying the groundwork for similar packaging technologies. (A) blister packs, shrink wrap, package la- this amendment, let me speak very Finally, the amendment would re- bels, package seals, bottles, and boxes; and briefly about the broader reimporta- quire the Secretary to publish a na- (B) at the item level. tion debate. I commend my colleagues tional specified list of susceptible pre- (2) LABELING OF SHIPPING CONTAINER.— scription drugs consisting of not less Shipments of prescription drugs shall in- who have brought this issue to the floor, and I certainly join them in than 30 of the most frequently counter- clude a label on the shipping container that feited prescription drugs in the United pushing strongly for reimportation lan- incorporates the technologies described in States. This would provide significant subsection (a)(1), so that members of the sup- guage in this bill. I have worked with assistance to efforts by U.S. law en- ply chain inspecting the packages will be many Members of this body, Repub- forcement and the FDA to deal with able to determine the authenticity of the lican and Democrat, on this issue since this issue. shipment. Chain of custody procedures shall I was elected, including the primary apply to such labels and shall include proce- I hope all of us can join together authors of the reimportation amend- dures applicable to contractual agreements around this very promising new tech- for the use and distribution of the labels, ment that we will be voting on later nology that can help meet any legiti- methods to audit the use of the labels, and under this bill. I certainly want to join mate safety concerns out there. Much database access for the relevant govern- many voices, again, on both sides of more broadly speaking, of course, I cer- mental agencies for audit or verification of the aisle, in terms of the need for this tainly hope we come together to pass the use and distribution of the labels. sort of important legislation that helps broad-based reimportation language in (e) PENALTY.—A prescription drug is stabilize and bring down the price of this bill, which I have supported well deemed to be misbranded for purposes of the prescription drugs. Federal Food, Drug, and Cosmetic Act (21 before coming to the Senate and, being My amendment, No. 983, to which I in the Senate, certainly support in this U.S.C. 301 et seq.) if the packaging or label- will now turn, is very directly related ing of the drug is in violation of a require- context. ment or prohibition applicable to the drug to that. It is not a reimportation Mr. NELSON of Florida. Will the under subsection (a), (b), or (d). amendment per se, but it goes directly Senator yield? (f) TRANSITIONAL PROVISIONS; EFFECTIVE to one of the primary issues that oppo- Mr. VITTER. Certainly I yield. DATES.— nents of reimportation regularly bring Mr. NELSON of Florida. Certainly (1) NATIONAL SPECIFIED LIST OF SUSCEP- up, which is safety. My amendment, the Senator remembers when he and TIBLE PRESCRIPTION DRUGS.— No. 983, is about tamper-resistent tech- this Senator from Florida introduced (A) INITIAL PUBLICATION.—Not later than nology—packaging technology—which an amendment a year ago to allow the 180 days after the date of the enactment of can go a long way in meeting all of importation of drugs from Canada for a this Act, the Secretary shall publish in the Federal Register a list, to be known as the those safety concerns. I think there are limited supply, stated as 90 days or National Specified List of Susceptible Pre- many legitimate ways we can meet less, for personal use, and how we scription Drugs, consisting of not less than them, but this is a very effective and a passed that here in the Senate. It was 30 of the prescription drugs that are most very economical way to help meet any watered down once it got into con- frequently subject to counterfeiting in the of those concerns. ference in the House. It only allowed United States (as determined by the Sec- This amendment, No. 983, would re- Americans going to and from Canada retary). quire the incorporation of counterfeit to carry drugs in that capacity—per- (B) REVISION.—Not less than annually resistent technologies into the pack- sonal use, limited supply. through the end of calendar year 2010, the aging of prescription drugs. Not just Now we are going to be approaching Secretary shall review and, as appropriate, revise the National Specified List of Suscep- reimported prescription drugs, but all this, and I ask the Senator, he is join- tible Prescription Drugs. The Secretary may prescription drugs because counterfeit ing on the Dorgan amendment on the not revise the List to include fewer than 30 prescription drugs is an issue not sim- reimportation as one of the cosponsors prescription drugs. ply with regard to reimportation. Spe- of this amendment, is that correct?

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.016 S02MYPT1 ccoleman on PRODPC74 with SENATE S5484 CONGRESSIONAL RECORD — SENATE May 2, 2007 Mr. VITTER. I honestly do not know turtle farmers, which was a new indus- consumer access to more affordable if I am technically a cosponsor. I am try to me—although they have been ex- biologic drugs, and provides appro- certainly supporting it. I supported our porting turtles all over the world for priate incentives for continued innova- common efforts for several years. Many years—for the work he did drafting and tion of lifesaving drugs. of the elements of my separate bill putting together a mechanism for Mrs. CLINTON. I agree with my have been incorporated into the Dor- eliminating salmonella in turtles so friend Senator SCHUMER, and note with gan-Snowe language, going back to last they can be, once again, pets in the gratitude that the HELP Committee year. So we are certainly all working United States. began bipartisan discussions on how to in concert. The PRESIDING OFFICER. The Sen- accomplish this goal. And while I was I again recognize and thank the Sen- ator from New York. disappointed that follow-on biologic ator from Florida for our common Mr. SCHUMER. Mr. President, I rise legislation was not included during work on the amendment last year, to engage in a colloquy with my col- committee consideration of S. 1082, it which he referenced. leagues from Utah, New York, Massa- was in good faith that I did not offer an Mr. NELSON of Florida. If the Sen- chusetts, and Wyoming on biologics. I amendment with the understanding ator will further yield, does he remem- thank every one of them for their co- that our bipartisan efforts would con- ber in the debate we had when we operation and help as we move forward. tinue. agreed to that amendment, that Cus- Mr. President, I rise today with my As my colleagues and I move forward toms had even gotten into the act and colleagues to speak about biologic on this important effort, I think it is was seizing thousands and thousands of drugs, a large and growing sector of the important to identify the key prin- these pharmaceutical packages for in- drug market. Biologic drugs can cost ciples that must be contained in the dividual use and limited supply? Of tens of thousands of dollars a year for legislation: We must provide the FDA course, in my State of Florida that a single patient, and treat devastating with the authority and flexibility to happened with great frequency since a diseases such as cancer and its com- approve biopharmaceuticals subject to number of our senior citizens, in fact, plications. There is currently no clear a workable, abbreviated approval path- do that. Finally we got Customs to pathway for lower cost competitors to way that is efficient, effective and sci- come out and say they were no longer biologic drugs to enter the market, as entifically grounded. We must also in- going to do that, they were going to there is for generic versions of tradi- clude measures to ensure timely reso- defer it to the Food and Drug Adminis- tional chemical drugs. I have intro- lution of patent disputes, as well as tration. The Acting Administrator of duced a bill to create such a pathway. adequate incentives for continued in- the FDA had actually said no, they I am glad to see my friends Senator novation. didn’t have an objection to a limited KENNEDY, Senator ENZI, and Senator Mr. KENNEDY. I assure the Senators supply for personal use, whether it was HATCH on the floor to discuss this issue from New York that the conference re- ordered by phone or Internet or by the with us. I yield to my colleague from port on the FDA Revitalization Act mail, or someone walking across the Utah. will include a pathway to follow-on border. Mr. HATCH. I am happy to discuss biologics that has been reported out of Isn’t it interesting that after all of this issue with my colleagues. As they the HELP Committee and that is ac- that—and we finally agreed to the are aware, this has been my high pri- ceptable to the Senators from New amendment—we still come to the year ority for a number of years, given that York. I plan to hold a markup on this 2007 and we are having to address this I am the author with Representative issue on June 13. issue again? HENRY WAXMAN of the Drug Price Com- Mr. ENZI. The heart of the debate is Mr. VITTER. I agree with the Sen- petition and Patent Term Restoration how to construct a regulatory frame- ator, absolutely. We should have taken Act—or ‘‘Hatch-Waxman’’. The Schu- work so that biologic drugs can be safe- care of this a long time ago. But we are mer-Clinton bill, which I know has ly available under an accelerated path- where we are, and I certainly urge my been introduced by Representative way. It is more difficult to approve colleagues on both sides of the aisle to WAXMAN in the House, is an important biosimilars than to approve generic address this in a full and comprehen- contribution to this dialogue. I want to versions of typical drugs. The balance sive way. work to reach an acceptable com- we are trying to find is a compromise Mr. NELSON of Florida. The Con- promise on an expedited basis, and it is that promotes access with innovation, gressional Budget Office is estimating clear to me it must be a bipartisan ef- while also maintaining the high stand- that this legislation is going to save fort. ards of safety at the Food and Drug Ad- consumers in this country $50 billion Mrs. CLINTON. I thank the Senator ministration. over the next 10 years because so often for his leadership on generic drugs and Biologics are complex molecules the price they get it for at the retail for his presence here today. In 1984 modeled after key processes occurring outlet here is twice what they can get when the Hatch-Waxman generic drug daily within the human body. One it for from a Canadian pharmacy. law was written, very few biologic analogy is that if a typical drug was a It has been a pleasure for me to work drugs existed and there was no need to 3 bedroom, 2 bath starter home, a bio- with the Senator. I look forward to empower the FDA to approve lower logic would be a skyscraper. The size, working with Senator DORGAN on his cost versions of existing biologic drugs. scope and complexity are completely amendment. This is no longer the case and it is time different. The nomenclature is, too. As Mr. VITTER. I thank the Senator to enact legislation that will allow the key scientists stated at our HELP from Florida. I certainly have similar FDA to approve safe and effective fol- Committee hearing on this topic, these beliefs. low-on versions of biotech drugs. are not generic biologics but I urge adoption of this amendment I Mr. KENNEDY. I thank my col- biosimilars. presented and certainly urge my col- leagues and I agree that creating a With many drugs, we can describe leagues to also support the broader re- pathway for follow-on biologics is an their structure with a high degree of importation language, as will I. important issue worthy of our consid- precision—but not with follow-on bio- I yield the floor. eration. logics. You can’t make an exact The PRESIDING OFFICER (Mr. Mr. SCHUMER. I say to Chairman ‘‘copy’’ of a biologic, like you can for OBAMA). The Senator from Wyoming. KENNEDY, the junior Senator from New most typical generic drugs. For exam- Mr. ENZI. I thank the Senator from York and I stand ready to offer a bipar- ple, if I was to try to build the sky- Louisiana for his patience on this tisan amendment to this bill that scraper of a biologic without the blue- amendment, and also his under- would establish a pathway for follow- prints, as any generic company would standing that he would work with my on biologic drugs. We would prefer to need to do to create a follow-on bio- staff and the staff of Senator KENNEDY work with you, and with the distin- logic, I would have to ensure that to see what can be done to make our guished Senators from Wyoming and every copy was identical or there could drug supply safer. I appreciate that. Utah. To that end, we would like to be fatal results. I also thank him for all the efforts he work together to discuss a pathway Because of this, science must be an has made on behalf of the Louisiana that protects patient safety, enables essential part of any safety standard.

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.082 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5485 One piece out of place would cause the (Purpose: To express the sense of the Senate volvement in the biologics, a clear in- entire structure to fall. with respect to follow-on biologies) dication we are going to have some But to be clear, a safe pathway for an At the end of the bill, add the following: good bipartisan support and we are accelerated approval process for bio- SEC. ll. SENSE OF THE SENATE WITH RESPECT going to have a team that has a logics, that also preserves innovation, TO FOLLOW-ON BIOLOGICS. breadth of knowledge and under- is possible. It is not just me who be- (a) FINDINGS.—The Senate finds the fol- standing of these kinds of subject mat- lieves it—the FDA, generic and phar- lowing: (1) The Food and Drug Administration has ters. We wish him well on his trip to maceutical industries have all said so stated that it requires legislative authority Utah and congratulate him on his de- as well. I have been working across to review follow-on biologics. gree tomorrow. party lines with Senators HATCH, KEN- (2) Business, consumer, and government Mr. HATCH. Will the Senator yield? NEDY and CLINTON to develop legisla- purchasers require competition and choice to Mr. KENNEDY. I will yield. tion that does just that. Our staffs ensure more affordable prescription drug op- Mr. HATCH. Mr. President, I thank have been working tirelessly on this tions. my dear friend and colleague. It is so topic: individually meeting with ex- (3) Well-constructed policies that balance nice of him to say that. I take tremen- perts and stakeholders; and as a group, the needs of innovation and affordability dous interest in this bill, as I do every have broad bipartisan support. piece of legislation, but this bill in par- talking with experts from the United (b) SENSE OF THE SENATE.—It is the sense States and global leaders. After all, we of the Senate that— ticular. want the same end result—legislation (1) legislation should be enacted to— I congratulate the chairman and the that ensures medicines are safe and af- (A) provide the Food and Drug Administra- ranking member for the way they have fordable, and that medical innovation tion with the authority and flexibility to ap- conducted not only the committee continues to flourish. prove biopharmaceuticals subject to an ab- through this process but this bill itself. I have a track record of working breviated approval pathway; I hope this bill will pass and that we across party lines to build consensus (B) ensure that patient safety remains can correct whatever needs to be cor- paramount in the system; rected, and that we will be able to do and find common ground on tricky leg- (C) establish a regulatory pathway that is islative issues. I know that with a lit- efficient, effective, and scientifically- this follow-on biological work to- tle more time, and through regular grounded and that also includes measures to gether. If we can do that, this will be a order, we will develop a bipartisan ensure timely resolution of patent disputes; major breakthrough bill, and will do a package that accomplishes our com- and great deal of good for the FDA. If that mon goals. (D) provide appropriate incentives to fa- happens, then I think the chairman I concur with the chairman and am cilitate the research and development of in- and the ranking member deserve a committed to moving a bipartisan bill novative biopharmaceuticals. great deal of credit. I am very grateful through the HELP Committee in the Mr. SCHUMER. Mr. President, I ask my friend from Massachusetts has been near future with the goal that it can be that the amendment be adopted. so kind to me today. joined with the conference on the FDA The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- Revitalization Act. further debate on the amendment? ator from New York is recognized. Mr. HATCH. I look forward to work- If not, the question is agreeing to the Mr. SCHUMER. I add my thanks to ing with my colleagues to include bi- amendment of the Senator from New the chairman and ranking member of partisan follow-on biologics legislation York. the HELP Committee for all of their in the conference agreement on the The amendment (No. 1025) was agreed help and constructive resolution of FDA Revitalization Act. It is clear to. this. It allows us to pass a very impor- that consumers would benefit tremen- Mr. KENNEDY. Mr. President, I tant FDA bill and at the same time dously from an abbreviated pathway move to reconsider the vote by which move on the biologics. for consideration of biosimilar prod- the amendment was agreed to. I join my colleague from Massachu- ucts. Any effort, though, must be based Mr. ENZI. Mr. President, I move to setts in congratulating my friend from on a sound understanding of the lay that motion on the table. Utah on his honorary degree. He will science involved and it must contain The motion to lay on the table was get a doctorate, I imagine, and perhaps incentives for development of the inno- agreed to. after he will not only get an honorary vator products which will be copied. The PRESIDING OFFICER. The Sen- degree and be a doctor but maybe he Mr. SCHUMER. I thank my col- ator from Massachusetts is recognized. can even create a few biologics after we leagues for these commitments. I look Mr. KENNEDY. Mr. President, I pass the law. forward to working together with thank all of our colleagues for their co- The PRESIDING OFFICER. The Sen- Chairman KENNEDY, Senator ENZI, Sen- operation and their help on this par- ator from Utah is recognized. ator CLINTON, and Senator HATCH to de- ticular subject matter. It is a matter of Mr. HATCH. Mr. President, to say velop workable legislative language enormous importance, incredible con- the distinguished Senator from New that can be scheduled for a June 13 sequence, and enormous complexity. York knows how to stick it to a person markup in the HELP Committee and We thank them for all of their help and on the floor is all I can say. included in the FDA Revitalization Act assistance in bringing us to where we I am grateful for this friendship and conference report. are so that the Members understand grateful for his and Senator CLINTON’s AMENDMENT NO. 1025 better where we are. We are absolutely work on this as well, and willingness to With that, I ask unanimous consent committed to having that hearing and work together in a bipartisan way. to set aside the pending amendment having the results of that go into our This is big-time stuff. If we get it right, and send my amendment, a sense of the conference. it will surely do a lot of good, as Senate, to the desk. I am enormously appreciative of the Hatch-Waxman has done over the last The PRESIDING OFFICER. Without patience and the cooperation we have 23 years. objection, it is so ordered. The pending received. I am grateful again to all of The PRESIDING OFFICER. The Sen- amendment is set aside. The clerk will those here, colleagues on both sides, ator from New Mexico is recognized. report the amendment. for their cooperation in helping us Mr. DOMENICI. Mr. President, I ask The bill clerk read as follows. move this forward. unanimous consent that I be permitted The Senator from New York [Mr. SCHU- I thank the Senator from Utah. I to speak for up to 10 minutes as in MER], for himself, Mrs. CLINTON, Mr. ENZI, want to congratulate him. He is receiv- morning business. Mr. HATCH, and Mr. KENNEDY, proposes an ing an honorary degree tomorrow from The PRESIDING OFFICER. Without amendment numbered 1025. a great university in his State. We objection, it is so ordered. Mr. SCHUMER. I ask unanimous con- were talking about biologics. We think HONORING JACK VALENTI sent the reading of the amendment be of the Hatch-Waxman proposal and ac- Mr. DOMENICI. Mr. President, I was dispensed with. knowledge his work, attention, and present yesterday at the funeral mass The PRESIDING OFFICER. Without help in the fashioning of that impor- at St. Matthew’s for Jack Joseph Va- objection, it is so ordered. tant piece of legislation, particularly lenti. I did not know he had a middle The amendment is as follows: when we are thinking about his in- name, Joseph, but I am learning more

VerDate Aug 31 2005 00:59 May 03, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.023 S02MYPT1 ccoleman on PRODPC74 with SENATE S5486 CONGRESSIONAL RECORD — SENATE May 2, 2007 and more about him now after his pass- I told him: Here is the one I want. I borrow this few minutes of the Sen- ing. I was a friend of his. I thought I want the Joint Committee on Atomic ate’s time to put down my thoughts for knew much about him. But the more I Energy, because that has a lot to do his wife, who I obviously did not know read, the more I find out what a spec- with my State. So we talked and we as well as I knew him. But I did get to tacular man and a marvelous life he worked. Sure enough, we were making know her. I saw her at the funeral. Of lived. a little headway and we read that the course, she is having a difficult time. I I thought I would share with the Sen- House had had a meeting of leadership do not know their children. I did have ate, since somebody said at the mass, and they had decided there would no a chance to talk to his wife and say I as they were permitted to speak—they longer be a Joint Committee on Atom- hope that everything went well. I think were one of the few who were selected— ic Energy so they abolished it. So all of it will. With this, I say maybe no one I would bet that everybody in this my work and all of his work was for else in the Senate will do this, but as church would like to come up here and naught, because we decided we were part of my day, I salute Mr. Jack Va- be given 10 minutes to say something not going do business in a joint manner lenti for all he did, and I am very about their friend Jack Valenti. on atomic energy. grateful I had the chance to say a few That person who said that was abso- But what a joy it was, the first meet- words about him. lutely right. That is exactly how I felt ing—not successful in terms of our mis- I yield the floor. sitting there: Wouldn’t it be nice if I sion but greatly successful in terms of could walk up there and tell all of The PRESIDING OFFICER. The Sen- establishing our friendship. ator from Massachusetts is recognized. these people and whoever else was lis- I will mention two things in my life Mr. KENNEDY. Mr. President, I tening, share what I knew about him. and then yield to the Senator. thank my friend from New Mexico. I Of course, that was not to be. Years later, one of my sons was had the good opportunity to attend But today I am going to do that in working here in Washington. Some that service as well. I will include my the Senate for a few minutes, and tell people know him. His name is David. comments about Jack Valenti. He was the Senate about how this man, who He had established and built a charter a dear and valued friend of the Ken- was known to try to help everybody in school here, a school in town that nedys. We went back a long time with very different circumstances, how he ended up being called Maya Angelou Jack, to the 1960 campaign. It was a came to know me and how I came to School, a school named after the great long friendship, that endured a lot of know him. poet laureate. And, of course, as you very glorious times and difficult and I was elected in 1972, and of course would guess from the name of the challenging ones as well. He was a per- right now it sort of goes by easy; my school, it was sort of a special school. last name is Italian. You know it was son of great purpose, with a love for his It was a charter school my son started pretty well understood when I was country, devotion to his industry, with the help of another man, and it elected that I was Italian—DOMENICI which he represented so effectively, was for the purpose of taking the trou- from out in the West, when all of the and a wonderful friend to many of us. I bled young teenagers, who were either Italians who are in politics are from thank the Senator for his comments. going to jail, because they had already out here in the East, from New York, done enough bad things, criminal Mr. President, for the benefit of our New Jersey. People wondered: Where things, they were going to jail, or the Members here, we are going to recess did that guy come from? judge would assign them to this school. shortly and go over to 9:30 tomorrow Well, the truth is, Jack Valenti also morning. The hour before the cloture wondered. He called me on the tele- This son of mine built this charter school. It got to be a pretty good size. vote will run from 9:30 to 10:30, and we phone and said: Are you PETE DOMEN- At a point in time he was opening a will yield a half hour on our side to the ICI, the new Senator? proponent of the amendment, Senator I said: Yes, sir. He told me who he new building, and he called me and talked to me and said: You know, DORGAN. Then at 10:30 or just about was. He said: You know, I don’t know 10:30 we expect we will have a roll call you, you don’t know me, but you prob- maybe I could get some help from somebody for some computers for these vote on the Dorgan amendment, or the ably could easily find out who I am. All motion to invoke cloture on the Dor- I want to tell you is: I would like to students. This is my second meeting with my gan amendment. Then, depending on help you. how that comes out, we will move Now, we are thousands of miles away. friend. I called him up and said: I would ahead to hopefully conclude work on I have never seen him. I was elected. like you to meet my son David. I told some of the items we have had good He is telling me on the phone: I would him why. He said: Of course. They met, sure like to help you if I can. talked on the telephone. Within a very discussions about today—the Stabenow Of course, I said: Give me your phone short period of time, the charter school amendment. I am grateful to Senator number and let me get ahold of you. By I am describing to you, which was a STABENOW. We spoke about this earlier the time I asked a few people, they very difficult thing for my son and his in the day. We have worked with her said: You are lucky. He is one of the friend to run—had a great success. He and made some very important people in Washington who knows more opened two of them; two of them exist progress and are grateful to her for her about what is going on here, than the in Washington now. But, lo and behold, cooperation. man who called you. shortly after this meeting and our dis- We indicated now to the membership I quickly arranged a meeting at the cussion with Mr. Valenti, the com- how we are going to proceed on the ex- Willard Hotel. It was prior to its re- puters that were needed for the school tremely important item of biologics. modeling so it wasn’t as nice as it is to totally fill out all of the computer We now have the drug safety. We have today. But I didn’t know better. I made needs arrived as a special donation enhanced this bill with food safety. We arrangements there. Then I invited from somebody. are going to address in our conference him to come and visit. Here comes Mr. Well, of course, we know the some- the issue of biologics. This is going to Valenti to come and meet me there at body. We found out later our friend Mr. be an extremely important pathway. the Willard Hotel. I mean, it was a joy- Valenti worked to get in touch with We have been working with Senator ous occasion. You would have thought those who could help donate to these ROBERTS and Senator HARKIN on the di- I was a long-lost relative. It was all be- students’ needs. rect consumer advertising issue. There cause he was glad to see a young He is gone now, but we do not know are some very important constitu- Italian boy get elected to the Senate. how many thousands of things like this tional issues. I am grateful to Senator He came from an immigrant Italian he did during his life, along with the ROBERTS for his cooperation and help. family himself. other things that are more notorious Senator KOHL has an amendment on re- So we talked. He said: Well, let me that he did in his job, which was a very verse payments. There is Senator try to help you. I would like to tell you open and public job for many years of VITTER’s amendment and potentially what his first offer was. Let’s go meet his life, and a hard one when he worked one or two others that Members have some people and see what we can do for the motion picture industry. So we indicated they are giving thought to about talking about the committee as- do not know how many people he offering, but haven’t decided whether signments you might get. helped. But I thought maybe I would they would.

VerDate Aug 31 2005 01:46 May 03, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.084 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5487 We are getting close to the end of School. My daughters are both teach- Mr. GREGG. Mr. President, I ask this, but we still have important mat- ers. I can assure my colleagues that I unanimous consent that the order for ters to do. We are going to try to work am one of the strongest supporters of the quorum call be rescinded. with our colleagues. We have made quality education. However, it has The PRESIDING OFFICER. Without great strides in the evenings. I am very come to my attention that schools objection, it is so ordered. grateful to Senator ENZI and particu- have been acting as physicians or psy- Mr. GREGG. I understand the Sen- larly to our staffs who have, each chologists by strongly suggesting that ator from Oklahoma wants to go into evening, including through the week- children with behavioral problems be morning business to make a statement. end, worked tirelessly to try and ease put immediately on some form of psy- I ask unanimous consent that after he the differences on many of these chotropic drugs. Schools and teachers has completed his statement, that I be amendments and have done a brilliant are not equipped to make these diag- recognized for purposes of offering my job. This legislation is extraordinarily noses and should make it mandatory Internet pharmacy protection and safe- important. We have had several amend- for the student to continue attending ty bill to the underlying bill. ments, important amendments, but we the school. This is clearly beyond their The PRESIDING OFFICER. Without have also worked out some others that area of expertise. Therefore, I am in- objection, it is so ordered. have strengthened the legislation. troducing this legislation to ensure Mr. INHOFE. Mr. President, may I In a few moments, we will go into ad- that parents are not required by school ask a point of inquiry of the Senator journment until tomorrow. But Sen- personnel to medicate their children. from Massachusetts. Apparently the ators should look forward to the debate The Child Medication Safety Act re- desk is not in agreement with what we at 9:30 and vote at 10:30 on the cloture quires, as a condition of receiving did. We set aside the pending amend- petition relative to the Dorgan amend- funds from the Department of Edu- ment for consideration of my amend- ment. cation, that States develop and imple- ment which I brought up and pre- I suggest the absence of a quorum. ment policies and procedures prohib- sented. Then we returned to that The PRESIDING OFFICER. The iting school personnel from requiring a amendment. I would like to ask the clerk will call the roll. child to obtain a prescription as a con- Chair if that is accurate. The legislative clerk proceeded to dition of attending school. It should be The PRESIDING OFFICER. The Sen- call the roll. noted that this bill does not prevent ator did not offer his amendment. The Mr. KENNEDY. I ask unanimous con- teachers or other school personnel Senator may offer his amendment, but sent that the order for the quorum call from sharing with parents or guardians it was not offered. be rescinded. classroom-based observations regard- Mr. KENNEDY. I ask unanimous con- The PRESIDING OFFICER. Without ing a student’s academic performance sent that his amendment be at the objection, it is so ordered. or regarding the need for evaluation of desk and be subject to being called up. Mr. KENNEDY. Mr. President, for for special education. The PRESIDING OFFICER. The Additionally, this bill calls for a the information of the Members, there clerk will report. study by the Comptroller General of will be no further votes this evening. The legislative clerk read as follows: The PRESIDING OFFICER. The Sen- the United States reviewing: No. 1, the variation among States in the defini- The Senator from Oklahoma [Mr. INHOFE] ator from Oklahoma. proposes an amendment numbered 988. Mr. INHOFE. Mr. President, I ask tion of psychotropic medication as unanimous consent that the pending used in public education; No. 2, the pre- Mr. INHOFE. I ask unanimous con- amendment be set aside for the consid- scription rates of medication used in sent that reading of the amendment be eration of amendment 988. public schools to treat children with dispensed with. Mr. KENNEDY. If the Senator would attention deficit disorders and other The PRESIDING OFFICER. Without withhold, we have a pending amend- such disorders; No. 3, which medica- objection, it is so ordered. ment. I will have to object until we tions listed under the Controlled Sub- The amendment is as follows: clarify exactly where we are. Would the stances Act are being prescribed to (Purpose: To protect children and their par- Senator give us 30 seconds? such children; and, No. 4, which medi- ents from being coerced into administering Mr. INHOFE. That would be fine. My cations not listed under the Controlled a controlled substance in order to attend school, and for other purposes) intention was to set aside the pending Substances Act are being used to treat amendment so I could consider this. these children and their properties and SEC. . CHILD MEDICATION SAFETY. Then set this aside and go back to the effects. This GAO report is due no later (a) REQUIRED POLICIES AND PROCEDURES.— than 1 year after enactment of this act. (1) IN GENERAL.—As a condition of receiv- pending amendment. ing funds under any program or activity ad- Mr. KENNEDY. I have no objection I believe it is an extremely important amendment. It protects the rights of ministered by the Secretary of Education, to that. not later than 1 year after the date of enact- The PRESIDING OFFICER. Without our children against improper intru- ment of this section, each State shall de- objection, it is so ordered. sion regarding health issues by those velop and implement policies and procedures not qualified. If a parent or guardian AMENDMENT NO. 988 prohibiting school personnel from requiring believes their child is in need of medi- Mr. INHOFE. I thank the Senator a child to obtain a prescription for sub- cation, then they ought to have the stances covered by section 202(c) of the Con- from Massachusetts for his tolerance. right to make that decision and con- trolled Substances Act (21 U.S.C. 812(c)) or a Mr. President, I introduced last year sult with a licensed medical practi- psychotropic drug as a condition of attend- a bill I called the Child Medication tioner who is qualified to prescribe an ing school or receiving services. Safety Act. We are offering it as an appropriate drug. I am hoping others (2) RULE OF CONSTRUCTION.—Nothing in amendment to this underlying bill. It paragraph (1) shall be construed to create a will join me in support of the amend- is my anticipation that we will get a Federal prohibition against teachers and ment. It is a parental rights amend- vote on it ultimately. This is to pro- other school personnel consulting or sharing ment that should be supported by all. classroom-based observations with parents tect children and their parents from With that, it is my intention that we being coerced into administering a con- or guardians regarding a student’s academic will be putting this in line to get a performance or behavior in the classroom or trolled substance or psychotropic drug vote. I ask unanimous consent now to school, or regarding the need for evaluation in order to attend school. The House return to the previous pending amend- for special education or related services passed their version of H.R. 1790 by 407 ment. under section 612(a)(3) of the Individuals to 12 under suspension of the rules in The PRESIDING OFFICER. Without with Disabilities Education Act (20 U.S.C. November of 2005. objection, it is so ordered. 1412(a)(3)). Parents today face many challenges Mr. KENNEDY. I thank the Senator (3) PROHIBITION OF PAYMENT OF FUNDS.—No Federal education funds may be paid to any when raising their children, one of for his cooperation. I suggest the ab- which is ensuring that their children local educational agency or other instru- sence of a quorum. ment of government that uses the refusal of receive the best education possible. My The PRESIDING OFFICER. The a parent or legal guardian to provide a sub- views on education come from a some- clerk will call the roll. stance covered by section 202(c) of the Con- what unique perspective in that my The legislative clerk proceeded to trolled Substances Act (21 U.S.C. 812(c)) or a wife Kay was a teacher at Edison High call the roll. psychotropic drug for such individual’s child

VerDate Aug 31 2005 01:46 May 03, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.086 S02MYPT1 ccoleman on PRODPC74 with SENATE S5488 CONGRESSIONAL RECORD — SENATE May 2, 2007 as the basis of a charge of child abuse, child propriately so, how to protect Amer- On three occasions during recent months, neglect, education neglect, or medical ne- ican citizens who purchase drugs over- FDA received information that counterfeit glect until the agency or instrument dem- seas—from overseas pharmacies or versions of Xenical 120 mg capsules, a drug onstrates that it is no longer using such re- from Canadian pharmacies—or pur- manufactured by Hoffmann-LaRoche Inc. fusal as a basis of a child abuse, child ne- (Roche), were obtained by three consumers glect, education neglect, or medical neglect chase drugs on the Internet. This is a from two different Web sites. Xenical is an charge. very significant issue for Americans, FDA-approved drug used to help obese indi- (b) DEFINITIONS.—In this section: especially as more and more Americans viduals who meet certain weight and height (1) CHILD.—The term ‘‘child’’ means any use the Internet for the purposes of requirements lose weight and maintain person within the age limits for which the buying all sorts of items, including weight loss. State provides free public education. pharmaceuticals. None of the capsules ordered off the Web (2) PSYCHOTROPIC DRUG.—The term ‘‘psy- So we need to be sure this extraor- sites contained orlistat, the active ingre- chotropic drug’’ means a drug subject to sec- dinary regime we have set up in this dient in authentic Xenical. In fact, labora- tion 505 of the Federal Food, Drug, and Cos- country stays intact that allows a per- tory analysis conducted by Roche and sub- metic Act (21 U.S.C. 355) that is not a sub- mitted to the FDA confirmed that one cap- stance covered by section 202(c) of the Con- son, when he or she goes into an Amer- ican drugstore or goes into an Amer- sule contained sibutramine, which is the ac- trolled Substances Act (21 U.S.C. 812(c)) but tive ingredient in Meridia, an FDA-approved is— ican supermarket, to be fairly con- prescription drug manufactured by Abbott (A) used in the diagnosis, treatment, or fident the product they buy is not adul- Laboratories. prevention of a disease; and terated and the product they buy is (B) intended to have an altering effect on While this product is also used to help peo- what it says it is and that in the in- ple lose weight and maintain that loss, it perception, emotion, or behavior. stance of a pharmaceutical or a medi- should not be used in certain patient popu- (3) STATE.—The term ‘‘State’’ means each cation, it is going to be what the doc- lations and therefore is not a substitute for of the 50 States, the District of Columbia, other weight loss products. In addition the and the Commonwealth of Puerto Rico. tor told them to take. That has been (c) GAO STUDY AND REVIEW.— one of the great successes of American drug interactions profile is different between (1) REVIEW.—The Comptroller General of Government. It is because the Food Xenical and sibutramine, as is the dosing fre- the United States shall conduct a review of— and Drug Administration is overseeing quency; sibutramine is administered once (A) the variation among States in defini- daily while Xenical is dosed three times a this effort to protect the food supply day. tions of psychotropic medications as used in and the pharmaceutical supply. regard to State jurisdiction over public edu- Whether the Food and Drug Adminis- Other samples of drug product obtained cation; tration has the wherewithal, the legal from two of the Internet orders were com- posed of only talc and starch. According to (B) the prescription rates of medications ability, and the technical and physical used in public schools to treat children diag- Roche, these two samples displayed a valid nosed with attention deficit disorder, atten- ability to protect an American who Roche lot number of B2306 and were labeled tion deficit hyperactivity disorder, and other buys an overseas product, a medicine, with an expiration date of April 2007. The disorders or illnesses; and imports it into the United States correct expiration date for this lot number is (C) which medications used to treat such is very much an issue. The FDA is very actually March 2005. children in public schools are listed under concerned about their capacity to po- Pictures of the counterfeit Xenical the Controlled Substances Act; and lice effectively drugs coming into this (D) which medications used to treat such capsules can be seen on the Web site at country, especially over the Internet. FDA. I would note they look exactly children in public schools are not listed So I have an amendment to this bill like the Xenical that is legitimate. We under the Controlled Substances Act, includ- which basically is the Safe Internet ing the properties and effects of any such had a Senator here earlier holding up Pharmaceutical Act, the purpose of medications, including the incidence of hal- two prescription bottles of, I think it which is to give the FDA the authority lucinations, psychosis, violence, suicide, was Lipitor, saying: These two bottles necessary to protect people who are heart problems, significant weight gain, or are exactly the same, and one could be buying pharmaceutical products over diabetes that students may experience while bought in Canada for about a third of on these medications. the Internet. This is, in my opinion, what it costs in the United States. (2) REPORT.—Not later than 1 year after very important. the date of enactment of this section, the The importance of this has only been Well, you can buy this Xenical over the Comptroller General of the United States further stressed and exemplified by a Internet for probably about a third of shall prepare and submit a report that con- warning that came out today, fortu- what it costs in the United States. The tains the results of the review under para- itously, from the FDA on the issue of only problem is it might kill you. I am graph (1). Internet pharmacies. I want to read ex- going to read further: Mr. INHOFE. I do apologize to the tensively from this warning because it Roche identified the two Web sites managers of the bill as well as to the goes to the essence of the debate we involved in this incident as Chair. It was my understanding that I have heard on the floor, especially brandpills.com and pillspharm.com. actually had that done previously. from Senators supporting the proposal Further investigation by FDA dis- With that, if it is proper form now to from the Senator from North Dakota closed that these Web sites are two of get into the mix, I ask unanimous con- relative to reimportation and safety 24 Web sites that appear on the sent that I be permitted to speak as in and their representation that it is safe pharmacycall365.com home page under morning business for up to 12 minutes. to buy over the Internet and that their the ‘‘Our Websites’’ heading. Four of The PRESIDING OFFICER. Without amendment will make it legal to buy these Web sites previously have been objection, it is so ordered. drugs from outside the United States identified by FDA’s Office of Criminal (The remarks of Mr. INHOFE per- Investigations as being associated with taining to the introduction of S. 1269 over the Internet through their re- importation language. the distribution of counterfeit Tamiflu are located in today’s RECORD under This warning from the FDA states as and counterfeit Cialis. ‘‘Statements on Introduced Bills and follows: ‘‘FDA Warns Consumers about Joint Resolutions.’’) At this point, it appears that these Mr. INHOFE. I thank the managers Counterfeit Drugs from Multiple Inter- Web sites are operated from outside of of this bill for giving me this time to net Sellers.’’ I am going to read quite a the United States. Consumers should make this presentation. bit of the text because I think, first, it be wary, if there is no way to contact I yield the floor. is so on point and it is so important: the Web site pharmacy by phone, if The PRESIDING OFFICER (Ms. The Food and Drug Administration (FDA) prices are dramatically lower than the CANTWELL). The Senator from New is cautioning U.S. consumers about dangers competition, or if no prescription from associated with buying prescription drugs Hampshire. your doctor is required. As a result, Mr. GREGG. Madam President, I un- over the internet. This alert is being issued based on information the agency received FDA strongly cautions consumers derstand that I may go forward. I ap- showing that 24 apparently related Web sites about purchasing drugs from any of preciate the courtesy of the Senator may be involved in the distribution of coun- these Web sites which may be involved from Massachusetts. terfeit prescription drugs. in the distribution of counterfeit drugs AMENDMENT NO. 993 On three occasions during recent months, and reiterates previous public warnings (Purpose: To provide for the regulation of FDA received information that counterfeit about buying prescription drugs online. Internet pharmacies) versions of— Madam President, today we have I may not get all these medical terms Then it lists the 24 Web sites, and been discussing, at some depth, and ap- correct, but I hope I do. some of them have very seductive

VerDate Aug 31 2005 02:31 May 03, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.018 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5489 names: ‘‘Pharmacea.org,’’ the FDA Web page at www.fda.gov/buyonline/ This would all be supported by a fee ‘‘MensHealthDrugs.net,’’ for additional information prior to making system which gives the FDA the re- ‘‘MediClub.md’’—very seductive names, purchases of prescription drugs over the sources to accomplish this type of Internet.] in order to draw people into purchasing The 24 Web sites appear on monitoring. It really seems like the drugs on these sites. pharmacycall365.com: AllPills.net, Phar- most logical thing to do. Madam President, I ask unanimous macy–4U.net, DirectMedsMall.com, There is no way you can stop the consent that this press release from Brandpills.com, Emediline.com, RX-ed.com, imagination and desire of the Amer- the FDA be printed in the RECORD. RXePharm.com, Pharmacea.org, ican people to get the best price. That There being no objection, the mate- PillsPharm.com, MensHealthDrugs.net, is part of the essence of our character. rial was ordered to be printed in the BigXplus.net, MediClub.md, InterTab.de, So it is reasonable that Americans are Pillenpharm.com, Bigger-X.com, RECORD, as follows: going to use online pharmacies, but we PillsLand.com, EZMEDZ.com, [From the FDA News, May 1, 2007] UnitedMedicals.com, Best-Medz.com, have to make sure we have a system FDA WARNS CONSUMERS ABOUT COUNTERFEIT USAPillsrx.net, USAMedz.com, BluePills- where we do not have one approval DRUGS FROM MULTIPLE INTERNET SELLERS Rx.com, Genericpharmacy.us and I-Kusui.jp. process for legitimate purchasing of The Food and Drug Administration (FDA) Mr. GREGG. It is, of course, ironic drugs through pharmaceutical activity is cautioning U.S. consumers about dangers that in the middle of this debate over at your local pharmacy and then an- associated with buying prescription drugs how you make safe drugs that Ameri- other process for purchasing drugs over the Internet. This alert is being issued which has absolutely no oversight from based on information the agency received cans are purchasing, and assure that showing that 24 apparently related Web sites the FDA has the proper oversight, that the FDA if you purchase on the Inter- may be involved in the distribution of coun- the FDA would be issuing this warning. net. We have to make sure that if you terfeit prescription drugs. It is a coincidence. The FDA did not do are using an Internet site, the site has On three occasions during recent months, it because we are in the middle of this been subject to the same review as the FDA received information that counterfeit debate. They did it because they had local pharmacy down at the corner is versions of Xenical 120 mg capsules, a drug received the necessary information to subject to, relative to the quality and manufactured by Hoffmann-La Roche Inc. fairly well substantiate that at least in management of that pharmaceutical (Roche), were obtained by three consumers product they are selling. That is what from two different Web sites. Xenical is an three incidents the medication that FDA-approved drug used to help obese indi- was purchased was not the medication this amendment does. viduals who meet certain weight and height that was approved by the FDA, even I hope no one will object to it, but I requirements lose weight and maintain though it was represented as that know other people will. But they weight loss. medication, even though it came in a shouldn’t because this is really some- None of the capsules ordered off the Web bottle that looked exactly like that thing whose time has come. So I am sites contained orlistat, the active ingre- medication, even though it had a going to offer this amendment tonight. dient in authentic Xenical. In fact, labora- tamperproof seal, and it had a label It is timely, of course, in light of this tory analysis conducted by Roche and sub- FDA warning which says there are po- mitted to the FDA confirmed that one cap- and a date as to when that medication sule contained sibutramine, which is the ac- would expire and a lot number. So it tentially 24 Web sites they have identi- tive ingredient in Meridia, an FDA-approved certainly looked legitimate. So this fied, at least 3 of which are selling prescription drug manufactured by Abbott just confirms the concern which many adulterated drugs, that they know of, Laboratories. of us have that we have to set up a re- which could seriously harm and pos- While this product is also used to help peo- gime where the FDA can properly re- sibly, if taken in the wrong dosage, ple lose weight and maintain that loss, it view what is happening relative to since they aren’t the proper drug, actu- should not be used in certain patient popu- drugs that are being purchased over ally do more than just harm you, they lations and therefore is not a substitute for other weight loss products. In addition the the Internet, especially. It is not im- could permanently injure you. drug interactions profile is different between possible to do that. In fact, it is very In light of that warning which came Xenical and sibutramine, as is the dosing fre- doable. That is why I will offer this out today, it is totally reasonable and quency; sibutramine is administered once amendment. appropriate that the Congress should daily while Xenical is dosed three times a The amendment I will offer basically certainly, if it is going to do a drug day. sets up a system whereby the FDA will safety bill relative to the FDA, include Other samples of drug product obtained require that pharmaceutical products in it an Internet pharmacy safety re- from two of the Internet orders were com- sold over the Internet be subject to the gime which will give the American peo- posed of only talc and starch. According to Roche, these two samples displayed a valid jurisdiction of the United States and ple some confidence that when they go Roche lot number of B2306 and were labeled that they get an FDA seal of approval on line to purchase a drug on line, the with an expiration date of April 2007. The which is tamper-proof. So if a citizen site, the portal they are purchasing it correct expiration date for this lot number is wants to use a pharmaceutical site, he through, is subject to FDA review and actually March 2005. (Pictures of the coun- or she can go on line and call up a the drug they are purchasing is an terfeit Xenical capsules provided by Roche pharmaceutical site, such as drugs.com FDA-approved drug, which is made can be viewed at http://www.fda.gov/bbs/top- or whatever—that may actually be a clear by having this tamper-proof seal ics/news/photos/xenical.html.) site, so I probably shouldn’t use that of approval. It would also reflect the Roche identified the two Web sites in- volved in this incident as brandpills.com and term—but a site where you think you fact that the FDA actually has phys- pillspharm.com. Further investigation by can purchase drugs at a better price ical oversight over that pharmacy, FDA disclosed that these Web sites are two than what you are going to have to pay that online pharmacy, and gives the of 24 Web sites that appear on the for them somewhere else, they will see FDA the resources to do that over- pharmacycall365.com home page under the on that Web site a seal like the Good sight. You can’t just say: Go and do it, ‘‘Our Websites’’ heading. Four of these Web Housekeeping Seal of Approval, only it if they don’t have the money to do it; sites previously have been identified by will be a tamper-proof seal which will you have to give them the resources to FDA’s Office of Criminal Investigations as reflect the fact that the FDA monitors do it. being associated with the distribution of that site, monitors that pharmacy. counterfeit Tamiflu and counterfeit Cialis. In addition, it sets up a one-stop At this point, it appears that these Web Also, the pharmacy has subjected shopping site at the FDA where people sites are operated from outside of the United itself to American jurisdiction, so that can go on line to the FDA site, check States. Consumers should be wary, if there is if there is an illegal act, they can be out that Internet pharmacy, if they no way to contact the Web site pharmacy by prosecuted, or if there are issues of li- wish, and make sure the Internet phar- phone, if prices are dramatically lower than ability, they can be sued; also, that macy does qualify and does carry FDA- the competition, or if no prescription from there is contact information which is approved drugs. your doctor is required. As a result, FDA based in America relative to that and I think it is a very proper approach. strongly cautions consumers about pur- that there is a searchable database chasing drugs from any of these Web sites It is something, as I mentioned, which which may be involved in the distribution of where you can go in and find out what is clearly timely in light of this FDA counterfeit drugs and reiterates previous that pharmacy has done in the past rel- warning. public warnings about buying prescription ative to its prescription-filling activ- Madam President, at this time, I ask drugs online [Consumers are urged to review ity. unanimous consent that the pending

VerDate Aug 31 2005 01:46 May 03, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.092 S02MYPT1 ccoleman on PRODPC74 with SENATE S5490 CONGRESSIONAL RECORD — SENATE May 2, 2007 amendment be set aside and that I may A recent New York Times article of prescription drugs, and the real solu- call up amendment No. 993 and ask for talked about the increasing number of tion to that problem is expanding ac- its immediate consideration. counterfeit drugs. While in the past we cess to affordable drugs in the United The PRESIDING OFFICER. Without may have noticed a misspelled label or States. In that effort, I take a back objection, it is so ordered. off-color pill, today’s counterfeit drugs seat to no one. But at the same time, I The clerk will report the amendment. are largely undetectable. The pills look strongly believe we must also protect The legislative clerk read as follows: correct, the cardboard boxes are the the health and safety of those we rep- The Senator from New Hampshire [Mr. same, even the blister packaging and resent. GREGG], for himself and Mr. COLEMAN, pro- foil backing are all normal. But this is These two goals are not mutually ex- poses an amendment numbered 993. not your grandmother’s forged medica- clusive. We can and must do both. I be- Mr. GREGG. I ask unanimous con- tion. These are modern, scary, life- lieve this amendment—the Cochran sent that the reading of the amend- threatening tactics that place Amer- amendment—accomplishes what we all ment be dispensed with. ican lives in great danger. want, which is expanding access to The PRESIDING OFFICER. Without While the supporters of the under- safe, affordable drugs. I encourage my objection, it is so ordered. lying amendment believe their pro- colleagues to support the Cochran (The amendment is printed in the posal addresses some of these concerns, amendment. RECORD of Tuesday, May 1, 2007, under there are a number of safety concerns AMENDMENT NO. 1011 ‘‘Text of Amendments.’’) that I believe must be addressed by the Mr. GREGG. I thank my colleagues Mr. KOHL. Madam President, I rise Secretary of Health and Human Serv- today to join Senators STABENOW, for allowing me to go forward at this ices, and that is why the Cochran time. LOTT, BROWN, and THUNE in offering amendment is so important. amendment No. 1011. This amendment Madam President, I yield the floor The underlying proposal would undo and make a point of order that a will help speed the introduction of current safety protections that ensure cost-saving generic drugs by pre- quorum is not present. Americans are getting products that The PRESIDING OFFICER. The venting abuses of the Food and Drug are essentially the same substance and clerk will call the roll. Administration citizen petition proc- The legislative clerk proceeded to quantity as what their doctor has pre- ess. call the roll. scribed. Consumers continue to suffer all Mr. MENENDEZ. Madam President, I While the proposal requires an im- across our country from the high—and ask unanimous consent that the order porter to retain samples of products, it ever rising—cost of prescription drugs. for the quorum call be rescinded. does not require that those be tested to A recent independent study found that The PRESIDING OFFICER. Without ensure the drugs are the same as what prescription drug spending has more objection, it is so ordered. the doctor ordered. than quadrupled since 1990, and now ac- The proposal does not require that AMENDMENT NO. 1010 counts for 11 percent of all health care imported drugs be approved in their Mr. MENENDEZ. Madam President, I spending. At the same time, the phar- country of origin. It relies only on a rise today to talk about an issue of maceutical industry is one of the most paper trail to enforce chain-of-custody great importance but also of great con- profitable industries in the world, re- requirements, leaving consumers sus- cern: the importation of prescription turning more than 15 percent on their ceptible to unscrupulous dealers who drugs. can simply forge documents or copy investments. In their search for more affordable One key method to bring prescription anticounterfeit technology. prescription drugs, many Americans While supporters of the proposal drug prices down is to promote the in- have turned to pharmacies in other claim that they give FDA the author- troduction of generic alternatives to countries, either via the Internet or ity to conduct inspections of foreign expensive brand name drugs. Con- trips across the border. While I cer- manufacturing plants, the reality is sumers realize substantial savings once tainly understand their need for afford- that the United States would actually generic drugs enter the market. Ge- able drugs, I do have concerns about have to get permission for those in- neric drugs cost on average of 63 per- this particular solution. We must find spections from foreign countries, and cent less than their brandname equiva- a way to ensure that the drugs Ameri- that is assuming we can even trace the lents. One study estimates that every 1 cans are buying are safe. purchase of those products to their percent increase in the use of generic I believe the Cochran amendment country of origin in the first place. drugs could save as much as $4 billion will do just that. Senator COCHRAN’s Importers are not required to dis- in health care costs. amendment allows importation to take close the origin of the products they This is why I have been so active in effect only if the Health and Human sell, so consumers would have no way pursuing legislation designed to com- Services Secretary can ensure that it to opt out if they wanted to ensure bat practices which impede the intro- will pose no additional risk to the pub- they were getting Food and Drug Ad- duction of generic drugs. The amend- lic health and result in a significant re- ministration-approved products. ment offered today, includes provisions duction in the cost of prescription Finally, the underlying amendment based on legislation that I first intro- drugs. So with this amendment, we get allows importation from far more than duced with Senator LEAHY in the last safe drugs at a reduced price, and our just Canada. Written into the proposal Congress, and targets one particularly ultimate objective is achieved. is permission to import from Canada pernicious practice by brandname drug Looking closely at the issue of safe- and other countries, including certain companies to impede or block the mar- ty, I am also concerned about the im- countries in the EU, even if the drugs keting of generic drugs—abuse of the portation of counterfeit drugs. Ameri- leave the chain of custody of the manu- FDA citizen petition process. cans deserve to know the label on the facturer or fall outside of the Food and FDA rules permit any person to file a bottle—we have seen colleagues put Drug Administration’s jurisdiction. Be- so-called citizen petition to raise con- bottles up and show differences. Well, cause of the EU structure, we would ac- cerns about the safety or efficacy of a Americans deserve to know the label tually be opening ourselves to drugs generic drug that a manufacturer is on the bottle matches the pills inside from countries such as Latvia, Estonia, seeking FDA approval to bring to mar- they are taking. The only way to en- and other recent additions to the EU. ket. While this citizen petition process sure that is to provide strong protec- Some of these countries from the was put in place for a laudable purpose, tions. We have all heard horror stories former Soviet Union have counterfeit unfortunately in recent years it has about innocent Americans, starved for rates up to 20 percent. been abused by frivolous petitions sub- cheaper prescription drugs, going on- The Cochran amendment would en- mitted by brandname drug manufac- line or getting in their cars to go to sure these safety concerns are resolved turers, or individuals acting at their foreign pharmacies to buy their medi- and that the Government provides for behest, whose only purpose is to delay cations. They are coming back home the protection of the public’s health the introduction of generic competi- with what they think is their usual and safety. tion. The FDA has a policy of not medication, but the reality might be Now, in my mind, as we have this de- granting any new generic manufactur- quite different. bate, the real problem is affordability er’s drug application until after it has

VerDate Aug 31 2005 01:46 May 03, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.094 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5491 considered and evaluated any citizen Human Services—the FDA’s parent need to improve the methods and petitions regarding that drug. The agency—the power to sanction those science that are used to approve pre- process of resolving a citizen petition, who abuse the process. While this pro- scription drugs. even if ultimately found to be ground- posal would not have an effect on any I am further concerned that new less, can delay the approval by months person filing a truly meritorious cit- technologies, including genomics, or years. Indeed, brandname drug man- izen petition, this provision would proteomics, and bioinformatics are not ufacturers often wait to file citizen pe- serve as a strong deterrent to attempts being fully incorporated into the drug titions until just before the FDA is by brand name drug manufacturers or approval process. Using these new tech- about to grant the application to mar- any other party that seeks to abuse the nologies as part of the clinical drug ap- ket the new generic drug manufactur- citizen petition process to thwart com- proval process has the potential to sub- er’s solely for the purpose of delaying petition. Having said that, I do believe stantially reduce costs and the time the introduction of the generic compet- our amendment today is an important needed to develop and test new drugs. itor for the maximum amount of time step in the right direction to remove a Additionally, we must improve the possible. This gaming of the system significant obstacle exploited by brand workforce available to pharmaceutical should not be tolerated. name drug companies to prevent or companies, which is not well trained in In recent years, FDA officials have delay the introduction of generic the modern tools needed for sophisti- expressed serious concerns about the drugs. I urge my colleagues to support cated drug development. The FDA does abuse of the citizen petition process. In this amendment. not have a structured research pro- 2005, FDA Chief Counsel Sheldon Brad- AMENDMENT NO. 1016 gram to bridge this knowledge and shaw noted that ‘‘[t]he citizen petition Mr. SPECTER. Madam President, the workforce gap and has few extramural process is in some cases being abused. Food and Drug Administration Revital- research activities in place to tap the Sometimes, stakeholders try to use ization Act is an important step to- expertise available in our Nation’s uni- this mechanism to unnecessarily delay ward protecting American consumers versity health programs. approval of a competitor’s products.’’ and patients and ensuring the safety of This amendment will establish the He added that he found it ‘‘particularly prescription drugs. To increase the National Centers for Pharmaceutical troublesome’’ that he had ‘‘seen several safety and efficacy of prescription drug Innovation to improve the develop- examples of citizen petitions that ap- approval, I will offer an amendment to ment and testing of new drugs so that pear designed not to raise timely con- establish the National Centers of Phar- they make it to market more quickly cerns with respect to the legality or maceutical Innovation. These Centers, and remain there. Up to five centers scientific soundness of approving a in consultation with the Food and will be operated by universities in part- drug application, but rather to delay Drug Administration, FDA, Commis- nership with the FDA to develop meth- approval by compelling the agency to sioner, will modernize medical product ods to utilize new technology to im- take the time to consider the argu- development and enhance product safe- prove the drug approval system. They ments raised in the petition, regardless ty. will also expand the quality and num- of their merits, and regardless of I am very concerned about long ber of professionals trained to work in whether the petitioner could have delays and the safety of bringing new this field. The centers will introduce made those very arguments months drugs to patients. The FDA has been new technologies to improve the manu- and months before.’’ faced with the withdrawal of prescrip- facture of pharmaceutical and bio- And a simple look at the statistics tion drugs from the market due to con- technology products. gives credence to these concerns. Of cerns about increased health risks. I believe these centers can provide a the 21 citizen petitions for which the This situation illustrates the difficulty significant part of the solution to this FDA has reached a decision since 2003, in achieving the right balance in inves- complex problem. These centers will be 20—or 95 percent of them—have been tigating new drugs that, while intended established from qualified universities found to be without merit. Of these, 10 to help patients, can also come with that have graduate training programs were identified as ‘‘eleventh hour peti- very serious risks. Furthermore, such with extensive experience in the devel- tions’’—defined as those filed less than incidents could lead to the erosion of opment and evaluation of medicines; 6 months prior to the estimated entry public confidence in the safety of medi- and proficiencies in pharmaceutical date of the generic drug. None of these cines developed by drug companies. and biotechnology science and engi- 10 ‘‘eleventh hour petitions’’ were Drug companies spend enormous sums neering. It is the expectation that the found to have merit, but each caused of money to test potential new can- work completed by these centers and unnecessary delays in the marketing of didate medicines. Not only is the proc- the FDA would lead to an increased the generic drug by months or over a ess of developing and testing a new number of drugs brought to market by year, causing consumers to spend mil- drug costly, it is lengthy as well. As a industry, at a decreased cost. Another lions and millions of dollars for their result of delays in the clinical trials effect will be an enormous gain to the prescription drugs than they would process, there are fewer drug discov- public’s health, while decreasing the have spent without these abusive fil- eries each passing year, ultimately hin- chance of unintentional harm and costs ings. dering our Nation’s competitiveness in of medical care. Among other things, our amendment this field. The National Centers for Pharma- will, for the first time, require all According to Ernst R. Berndt, Ph.D., ceutical Innovation hold a promising those who file citizen petitions to af- Adrian H. B. Gottschalk, S.M., Mat- solution to the problems in drug dis- firm certain basic facts about the thew W. Strobeck, Ph.D., Massachu- covery and safety facing our Nation truthfulness and good faith of the peti- setts Institute of Technology, MIT, today. I encourage my colleagues to tion, similar to what is required of Sloan School of Management, ‘‘sci- support this important amendment. every litigant who makes a filing in entific advances and enhanced [re- OVERTURNING DSHEA court. Our amendment also includes a search and development] efforts, the Mr. HATCH. My office has been inun- provision from my bill that directs the number of average annual new drug ap- dated by calls from people throughout HHS that all citizen petitions on ge- plications, NDAs, and new biologic li- the country who believe that this legis- neric drug applications be adjudicated cense applications, BLAs, approved by lation, specifically the provision estab- within 6 months of filing, which will the U.S. Food and Drug Administration lishing a Reagan-Udall Institute, will put an end to excessive delays in bring- has been smaller after 2000 than in the overturn the Dietary Supplement ing needed generic drugs to market be- mid-1990s. Moreover, recent estimates Health and Education Act of 1994. That cause of the filings of these petitions. suggest the average costs of bringing a has not been my reading of the bill, but While I strongly support this amend- new medicine to market have increased I wonder if other Senators have heard ment and I am pleased that many of sharply to between $800 million and $1.7 similar concerns? my provisions were included, I do wish billion, with the lower estimate being Mr. HARKIN. Yes, I have received a the amendment could have gone even 21⁄2 times higher than similar inflation- good many calls as well. And, I have to farther and include my provision to adjusted estimates published a dozen say that I would be very concerned, as allow the Department of Health and years earlier.’’ Clearly, there is great I know the Senator from Utah is, if

VerDate Aug 31 2005 01:46 May 03, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.035 S02MYPT1 ccoleman on PRODPC74 with SENATE S5492 CONGRESSIONAL RECORD — SENATE May 2, 2007 Mr. HARKIN. Yes, I have received a assurances of the chairman and the system. Small ‘‘p’’ politics, the imposition of good many calls as well. And, I have to ranking Republican on the committee. discretionary preferences, policies and prior- ities in the focus of prosecutorial discretion, say that I would be very concerned, as f I know the Senator from Utah is, if generally are proper. Partisans must accept MORNING BUSINESS them, like it or not. They are not the basis anything in the bill we are considering, for replacing attorneys general. S. 1082, would overturn DSHEA, a law Mr. MENENDEZ. Madam President, I The distinction is important. When the we fought side-by-side to see enacted. ask unanimous consent that there now Justice Department that I served in during Mr. ENZI. It might be helpful if I ex- be a period of morning business with the Kennedy administration came to office, plained the provision you are dis- Senators permitted to speak therein ‘‘political’’ priorities changed. The internal cussing, as my office has received for up to 10 minutes each. security division, active and robust during many calls as well and I believe the The PRESIDING OFFICER. Without the Eisenhower administration when loyalty callers are not informed about this objection, it is so ordered. was a major concern, was de-emphasized and eventually was deactivated. The organized matter. Subtitle B of title II of S. 1028 f crime and the civil rights sections, small and establishes the Reagan-Udall Founda- DEPARTMENT OF JUSTICE quiet in earlier years, grew into major cen- tion for the Food and Drug Administra- ters of departmental work and were the cen- tion. That simple purpose of that non- Mr. LEAHY. Madam President, when terpiece of RFK’s regime. That kind of pri- profit Foundation is to lead collabora- I was a young law student at George- ority setting is proper. tions among the FDA, academic re- town, the event that stands out the Administrations come to office offering search institutions and industry de- most in my memory was a morning change. Like these changes or not, people signed to bolster research and develop- that I and a few other young law stu- cannot claim they involve improper politics. dents working at various agencies for Critics have the right to change administra- ment productivity, provide new tools tions with their votes in subsequent elec- for improving safety in regulated prod- the summer had with the then Attor- tions. Had Al Gore been elected, no doubt en- uct evaluation, and in the long term ney General. It was Attorney General vironmental prosecutions would have taken make the development of those prod- Robert Kennedy. In that meeting, he front and center in the department’s efforts. ucts more predictable and manageable. stressed to us over and over again the After Sept. 11, 2001, homeland security Mr. KENNEDY. That is exactly the professionalism of the Department of would have been any attorney general’s spe- purpose of the Foundation, which was Justice and how the professionals had cial interest, RFK’s included. So if one de- included in the drug safety legislation to stay out of any kind of partisan pol- plores the values and priorities of the John itics and that he would insist upon it. Ashcroft and Gonzales administrations at Senator ENZI and I introduced last Justice, USA Patriot Act excesses and the year. The Foundation will be finan- I was inspired by that meeting. I like, the recourse will be at the 2008 voting cially supported by industry and phil- think it probably shaped my decision machines. anthropic donated funds. A chief sci- to go into public life more than any On the other hand, capital ‘‘P’’ party poli- entist at FDA will promote intramural other single meeting I had. tics have no place in any Justice Depart- research and coordinate it with efforts I ask unanimous consent that an ar- ment. That is the unique indictment of at the Foundation. ticle in today’s USA Today by Ronald Gonzales, and one that should lead to his re- Mr. HATCH. That explanation is very Goldfarb entitled ‘‘Crossing the Line at placement. All attorneys general face polit- ical pressure to act against their parties’ po- Justice’’ be printed in the RECORD. helpful. What, specifically, would the litical enemies and to protect their friends. role of the Foundation be with respect There being no objection, the mate- Those are the moments of truth for all attor- to dietary supplements? rial was ordered to be printed in the neys general, the one that Gonzales failed, to Mr. KENNEDY. Let me make abso- RECORD, as follows: the embarrassment of even his own party lutely clear that the Reagan-Udall [From USA Today, Wednesday, May 2, 2007] representatives. Foundation will in no way override, CROSSING A LINE AT JUSTICE RFK’S TESTS overturn or conflict with the Dietary (By Ronald Goldfarb) When RFK was attorney general, two com- parable moments stand out in my memory. Supplement Health and Education Act. The current agonies of Attorney General In one, his notorious father’s long-time at- Nothing in this bill would have that ef- Alberto Gonzales call to mind a dramatic torney—James Landis, ‘‘a virtual member of fect. moment in the Robert F. Kennedy Justice the immediate family,’’ according to one bi- Mr. ENZI. Yes, we took great pains Department. Members of his organized crime ography—was charged with failing to file his to make certain there would be no con- section were in RFK’s office reviewing our tax returns for five years. Immense pressures pending investigations and cases. One of our flict with DSHEA. Regarding foods, were put on Kennedy to find an excuse not to group advised Kennedy that his grand jury and dietary supplements are generally indict the aging and prestigious former Har- investigations were about to lead to the in- regulated as foods, the general direc- vard law dean. RFK stayed out of the deci- dictment of the then-mayor of a large Mid- tive of the Foundation is to identify sion-making process, and Landis pleaded western city, one that had voted for his guilty and received a brief incarceration. holes in the evaluation of food safety brother John Kennedy in the close presi- But for his close association with the Ken- and identify ways to address those defi- dential election of 1960. nedys, Landis probably would not have suf- ciencies through collaborative research When my colleague completed his report fered so. Everyone wanted to help Landis, with industry. about the big scalp about to be added to our but they were super self-conscious about the Mr. HARKIN. So to make this abso- list of political corruption cases, RFK was propriety of doing so. quiet. It happened that the scalp in question lutely clear, what you are saying is A similar moment arose when an inves- belonged to President Kennedy’s ambas- that the bill we are debating would in tigation showed that the brother of the in- sador-designate to Greece. The attorney gen- no way interfere with consumers’ ac- fluential congressman from New York, Eu- eral smiled slightly and facetiously re- gene Keogh, had abused his office as a New cess to dietary supplements? marked: ‘‘Well, that’s nice. Now my broth- York state supreme court judge. Kennedy Mr. HATCH. To add to that point, it er’s going to have to put me on the Supreme agonized over the political pressures on him; seems that the language could, in fact, Court.’’ The indictment went forward and in- he worried that the not open-and-shut case help dietary supplement consumers, be- cluded others in the city’s political (Demo- might not be winnable, after major political cause it would allow collaboration be- cratic) machine. All were convicted. embarrassment to Kennedy loyalists. To his That anecdote is relevant today as the tween government and industry to con- credit, Keogh told Kennedy he knew he’d do Senate Judiciary Committee considers the duct research on issues that might be the right and fair thing. The attorney gen- attorney general’s recent dismissals of sev- helpful to supplement consumers? eral’s aides pressed him to do what he’d do in eral U.S. attorneys. When it comes to the Mr. KENNEDY. Yes, that is the case. any other non-political case. Judge J. Vin- proper administration of justice in the De- cent Keogh was indicted and convicted. That Mr. ENZI. I agree with Chairman partment of Justice, there are politics and is the only way an attorney general can keep KENNEDY’s assessment. there are politics. Mr. HATCH. I thank you for those as- the balance of justice even and credible. THE TWO P’S surances and that clarification. Gonzales needed aides who spoke to him Mr. HARKIN. This has been a very Capital ‘‘P’’ politics—that is, party poli- with comparable candor and rectitude. In- tics, such as the partisan personal shenani- stead, he is falling on his sword over the U.S. helpful discussion, because Senator gans of Gonzales meddling with the inde- attorney firings that he administered with- HATCH and I could never support legis- pendence of competent prosecutors’ discre- out knowing, as he has testified, much about lation that would interfere with tion in response to political pressures—are them at the time. Like former vice presi- DSHEA and we are glad to receive the improper and have no place in the justice dential aide Lewis ‘‘Scooter’’ Libby in the

VerDate Aug 31 2005 02:43 May 03, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.059 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5493 Valerie Plame leak case, others set the polit- different Commanders, Allied Air REMOVAL OF COSPONSOR ical process in motion, and the loyal aide did Forces in Southern Europe. One of the deed and took the rap. The Senate should Mr. CORNYN. Madam President, I these Commanders was then LTG Mike ask that Senator PETE DOMENICI be re- not stop at Gonzales’ actions, but should Ryan, who would later become Air press to find out who pressured him to take moved as a cosponsor to S. 1038, the these unconscionable actions. Force Chief of Staff. During his tour, Workforce Health Improvement Act, Ashcroft supermoralistically draped the he was one of the first combat troops and added as a cosponsor to S. 1083, the body of the department’s statue of justice to on the ground in Sarajevo as he helped SKIL Act. Let the RECORD reflect that hide her contours; Gonzales amoralistically set up the NATO Air Operations Cen- due to a clerical error Senator DOMEN- tore off her blindfold. Both diminished the ter. ICI was inadvertently added as a co- prestige of an important government agency. In 1997, he transitioned to the F–15 sponsor to the Wokforce Health Im- f Strike Eagle, serving as the 336th provement Act. Fighter Squadron Assistant Operations TRIBUTE TO COLONEL ANTHONY J. f ‘‘LAZER’’ LAZARSKI Officer and deployed commander from Seymour Johnson Air Force Base, NC. Mr. INHOFE. Madam President, I am IN RECOGNITION OF HEIDEH During this tour he also served as Chief SHAHMORADI here today to recognize and pay tribute of the Command Post and integrated to COL Anthony J. ‘‘Lazer’’ Lazarski, new command and control systems to Mr. BOND. Madam President, today I Chief of the Air Force Senate Liaison, include hurricane tracking/forecasting rise to acknowledge the very special for his 25 years of exceptional service systems put to test in 3 years of mul- and meaningful contributions of Ms. and dedication to the U.S. Air Force tiple hurricanes. Heideh Shahmoradi, who is departing and our great country. Colonel In 2001 he graduated No. 1 from his the U.S. Senate after serving as Lazarski is a command pilot with over Air War College Class, earning the detailee for some 4 years from the De- 2,300 flight hours in 12 different types Wright Brothers Officership Award and partment of Transportation. I come to of aircraft, including the RF–4, F–15, F– Military Outstanding Volunteer Medal. the floor today to thank personally 16, F–111 and F–117. He has supported This honor earned him the right to Heideh for her assistance and profes- combat operations around the world, to serve the next year at Vance Air Force sionalism as a detailee to me on both include the Libya Raid and Operations Base, in my home state of Oklahoma as the Environment and Public Works, Desert Storm, Desert Fox, Allied the Deputy Operations Group Com- EPW, Committee and the Appropria- Force, Southern Watch, and Iraqi Free- mander. tions Committee. dom. Throughout his military career, Due to the superb leadership Colonel In my former position as chair of the he has been recognized by his superiors Lazarski demonstrated at Vance, he EPW’s Subcommittee on Transpor- and subordinates as a leader in the air was selected as the Director of Air tation and Infrastructure, Heideh pro- and on the ground—an Airman with the Combat Command’s Commander Ac- vided me with invaluable advice and ability to motivate and lead. tion Group—the strategic ‘‘think help in the development and passage of COL Lazer Lazarski grew up in North tank’’ for our Air Force’s lead combat the highway reauthorization legisla- Arlington, NJ, and watched them build command. In this position he was given tion, Safe, Accountable, Flexible, Effi- the Twin Towers of the World Trade the immense responsibility for devel- cient Transportation Equity Act: A Center from the basement up. He oping strategy, doctrine, concepts, tac- Legacy for Users: or SAFETEA. Heideh earned an appointment to the Air tics and procedures for U.S. air and played a key role in helping the com- Force Academy and graduated in 1982 space power employment. mittee understand the complexities with military honors. Upon completion Colonel Lazarski’s next assignment and implications of SAFETEA which of pilot training, he was selected to fly led him back to command, this time in helped to ensure that the final legisla- the F–111 and earned the distinction of Air Education Training Command as tion properly balanced these very com- Top Gun for both his T–38 Introduction the Commander of the 479th Flying plex policy and funding issues. And as to Fighter Fundamentals class and his Training Group where he was respon- a program expert from the Depart- F–111 Replacement Training Unit class. sible for training new pilots in the T–6, ment, Heideh was able to provide valu- While flying in Tactical Air Command and new fighter pilots and weapons of- able insights on the potential impact of with the 79th NATO Tigers at RAF ficers in the T–38. Colonel Lazarski the legislation on highway transpor- Upper Heyford, he was selected as the oversaw 115 aircraft averaging 300 sor- tation activities. Heideh not only con- wing’s youngest instructor pilot. ties a day, and despite five hurricanes tributed significantly in analyzing the Shortly thereafter, he was selected as in one season, no student ever grad- legislation but she also performed im- the youngest United States Air Forces uated late under Colonel Lazarski’s portant duties, such as research, fact- in Europe flight examiner. As a pilot, I leadership. checking, editing, and drafting report can attest to the fact that you only In 2005 at the culmination of an ex- language and legislation. Heideh did it allow your sharpest and most mature ceptional military career, Colonel all with distinction and unflappable pilots to set, evaluate, and enforce the Lazarski was reassigned to Capitol Hill good humor. standards for other pilots. I happen to as the Chief of the Air Force Senate Li- Her skills and performance on work- be a flight instructor currently. I can aison Division. Here Colonel Lazarski ing on the EPW Committee made it an assure you, they are the very best peo- integrated his remarkable experience easy decision to bring her back from ple. This is a major accomplishment he and leadership with ceaseless integrity, the Department to help me on the Ap- was able to achieve. initiative, and persistence to result in propriations Committee. Heideh not Colonel Lazarski later transitioned unparalleled effectiveness on behalf of only continued to assist me on the Fed- to the F–117 Stealth Fighter and the Air Force and our Nation. eral-aid highway programs on the Sen- earned Top Gun in his third aircraft, We offer our sincere thanks to Colo- ate Transportation, HUD, and Related this time during a Southern Watch de- nel Lazarski, his wife Stephanie, and Agencies Appropriations Sub- ployment over the skies of Iraq. Colo- their son Andrew for their unwavering committee, but she also quickly be- nel Lazarski demonstrated he could support of our country and the freedom came a resource and expert on all of not only deliver precise weapons on we hold so dear. We congratulate Colo- the other modes under the Department target on time, he could also motivate nel Lazarski on the completion of an of Transportation. and lead others. In recognition of his exemplary active-duty career. Utilizing Throughout her tenure on Capitol extraordinary leadership, he was the theme from one of my favorite Hill, Heideh provided technical exper- named 12th Air Force Flight Com- books, Message to Garcia, let me close tise and programmatic knowledge that mander of the Year, and selected to at- by saying: Message delivered and job was critical in policymaking decisions tend the Naval War College. well done! Now a new mission awaits on both the authorizing and appropria- After graduating from the Naval War you, and I’m honored to have you serve tions committees. Her ability to pro- College in 1994, he served 3 years in your country again, this time as my vide a reality check on legislation Naples, Italy at NATO Headquarters, Military Legislative Assistant. Con- helped tremendously in protecting the including as the aide-de-camp to two gratulations and welcome! best interests of our communities and

VerDate Aug 31 2005 02:43 May 03, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.040 S02MYPT1 ccoleman on PRODPC74 with SENATE S5494 CONGRESSIONAL RECORD — SENATE May 2, 2007 taxpayers. She is simply a true profes- of the $1.6 billion needed to complete Child Care Worthy Wage Day; to the Com- sional civil servant that we are fortu- CDC’s master facilities plan. One needs mittee on Health, Education, Labor, and nate to have in government. only tour CDC’s campus and visit with Pensions. Finally, Heideh is a quick study, the scientists there to see the amazing f adaptable, very good at working with results. MEASURES PLACED ON THE As elected officials, we learn early to others, and cool under pressure. She CALENDAR also is a person of absolute integrity, appreciate people like Oz Nelson. Peo- honor, and loyalty. To their credit, the ple who are never too busy to care, The following concurrent resolution leadership at the Department of Trans- never to busy to identify and help solve was read, and placed on the calendar: portation has recognized her accom- problems. Since ‘‘retiring,’’ and I use H. Con. Res. 118. Concurrent resolution plishments and skills and will be giving that term loosely in Oz’s case, he has congratulating the City of Chicago for being her new challenges and opportunities. chaired the Annie Casey Foundation, chosen to represent the United States in the served on the board of the Carter Cen- international competition to host the 2016 Her departure is a great loss to the Ap- Olympic and Paralympic Games, and encour- propriations Committee and to my of- ter in Atlanta, served on the board of aging the International Olympic Committee fice in particular. She will be missed. I the United Way of America and chaired to select Chicago as the site of the 2016 strongly commend Heideh for her serv- its national fundraising campaign, Olympic and Paralympic Games. ice to me and the U.S. Senate and, chaired the board of the CDC Founda- f while she is leaving us, she will always tion and been instrumental in starting be part of the Bond office team. I per- and supporting an Atlanta-based Mu- EXECUTIVE AND OTHER sonally wish Heideh, her husband Tor- seum of Patriotism that celebrates the COMMUNICATIONS rance, and her son Corey all the best. American spirit. And these are just a The following communications were f few of his many nonprofit interests. laid before the Senate, together with Oz Nelson is, himself, a patriot who accompanying papers, reports, and doc- ADDITIONAL STATEMENTS embodies the very best of the American uments, and were referred as indicated: spirit. And I know those of you who EC–1711. A communication from the Under know and have worked with Oz join me HONORING KENT ‘‘OZ’’ C. NELSON Secretary of Defense (Comptroller), trans- today in congratulating him on the mitting, pursuant to law, the report of a vio- ∑ Mr. ISAKSON. Madam President, dedication of the new Kent ‘‘Oz’’ C. lation of the Antideficiency Act by the De- today I wish to acknowledge a very Nelson Auditorium at CDC.∑ partment of the Army, case number 05-09; to the Committee on Appropriations. special occasion. It has come to my at- f tention that on May 9, the Centers for EC–1712. A communication from the Under Disease Control and Prevention and MESSAGES FROM THE HOUSE Secretary of Defense (Comptroller), trans- the CDC Foundation in Atlanta will be At 12:03 p.m., a message from the mitting, pursuant to law, a report entitled honoring Kent ‘‘Oz’’ C. Nelson, retired House of Representatives, delivered by ‘‘Acceptance of Contributions for Defense Programs, Projects, and Activities; Defense chair and CEO of UPS, for his unselfish Ms. Niland, one of its reading clerks, Cooperation Account’’; to the Committee on and untiring work on behalf of CDC announced that the House has agreed Armed Services. and public health around the globe. to the following concurrent resolu- EC–1713. A communication from the Prin- They will be dedicating CDC’s main au- tions: cipal Deputy, Office of the Under Secretary ditorium as the Kent ‘‘Oz’’ C. Nelson H. Con. Res. 95. Concurrent resolution hon- of Defense (Personnel and Readiness), trans- Auditorium. This is a great honor for a oring the career and research accomplish- mitting, the report of (7) officers authorized man who truly deserves it. ments of Frances E. Allen, the 2006 recipient to wear the insignia of the grade of major As elected officials, we naturally and of the A.M. Turing Award. general in accordance with title 10, United H. Con. Res. 112. Concurrent resolution States Code, section 777; to the Committee rightfully expect to hear from inter- supporting the goals and ideas of a National on Armed Services. ested constituents and from the leaders Child Care Worthy Wage Day. EC–1714. A communication from the Chair- of our governmental institutions about H. Con. Res. 118. Concurrent resolution man and President, Export-Import Bank of programmatic and capital needs. It is congratulating the City of Chicago for being the United States, transmitting, pursuant to much more unusual to hear about such chosen to represent the United States in the law, a report relative to a transaction in- needs from a CEO-level leader of a international competition to host the 2016 volving exports to Ghana; to the Committee global corporation like UPS. But over Olympic and Paralympic Games, and encour- on Banking, Housing, and Urban Affairs. aging the International Olympic Committee the past 8 years, Oz and many other EC–1715. A communication from the Assist- to select Chicago as the site of the 2016 ant Administrator for Procurement, Con- CEO’s like him, including Bernie Olympic and Paralympic Games. tract Management Division, National Aero- Marcus, Phil Jacobs and Christine Ja- nautics and Space Administration, transmit- cobs, have regularly written, called and At 3:01 p.m., a message from the ting, pursuant to law, the report of a rule en- visited Washington, DC to remind us of House of Representatives, delivered by titled ‘‘NASA Implementation of OMB Guid- the importance of upgrading CDC’s At- Ms. Niland, one of its reading clerks, ance on Nonprocurement Debarment and lanta-based labs and facilities to en- announced that the House having pro- Suspension’’ (RIN2700-AD32) received on sure that the world’s best scientists are ceeded to reconsider the bill (H.R. 1591) April 27, 2007; to the Committee on Com- equipped with world-class facilities to making emergency supplemental ap- merce, Science, and Transportation. EC–1716. A communication from the Chief support their work. propriations for the fiscal year ending of Staff, Media Bureau, Federal Communica- During a tour of CDC in the fall of September 30, 2007, and for other pur- tions Commission, transmitting, pursuant to 1999, Oz, Bernie and Phil were troubled poses, returned by the President of the law, the report of a rule entitled ‘‘Implemen- by the condition of CDC labs and its United States with his objections, to tation of Section 621(a)(1) of the Cable Com- negative impact on CDC’s ability to re- the House of Representatives, in which munications Policy Act of 1984 as amended cruit top scientists and to protect all it originated, it was resolved that the by the Cable Television Consumer Protec- Americans from a host of threats rang- said bill do not pass, two-thirds of the tion and Competition Act of 1992’’ ((FCC 06- ing from SARS, anthrax and pandemic House of Representatives not agreeing 180)(MM Docket No. 05-311)) received on April 30, 2007; to the Committee on Commerce, flu to obesity and environmental tox- to pass the same. Science, and Transportation. ins. Scientists were working in over- f EC–1717. A communication from the Chief crowded World War II Quonset huts and MEASURES REFERRED of Staff, Media Bureau, Federal Communica- cinder block labs with frayed wiring tions Commission, transmitting, pursuant to and poor ventilation. The following concurrent resolutions law, the report of a rule entitled ‘‘Amend- Oz could have just written a letter. were read, and referred as indicated: ment of Section 73.202(b), Table of Allot- He could have written off CDC’s prob- H. Con. Res. 95. Concurrent resolution hon- ments, FM Broadcast Stations, Milano, lems as the government’s problem. In- oring the career and research accomplish- Texas’’ (MB Docket No. 05-97) received on April 30, 2007; to the Committee on Com- stead, he helped organize a concerted ments of Frances E. Allen, the 2006 recipient of the A.M. Turing Award; to the Committee merce, Science, and Transportation. effort to highlight the problem and en- on the Judiciary. EC–1718. A communication from the Chief courage a solution. In the last 8 years, H. Con. Res. 112. Concurrent resolution of Staff, Media Bureau, Federal Communica- Congress has appropriated $1.2 billion supporting the goals and ideas of a National tions Commission, transmitting, pursuant to

VerDate Aug 31 2005 02:38 May 03, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.043 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5495 law, the report of a rule entitled ‘‘Implemen- ant to law, the report of a rule entitled ‘‘Re- the Committee on Homeland Security and tation of Section 629 of the Consolidated Ap- vision of Parts 2 and 15 of the Commission’s Governmental Affairs. propriations Act, 2004’’ (FCC 06-117) received Rules to Permit Unlicensed National Infor- EC–1738. A communication from the Sec- on April 30, 2007; to the Committee on Com- mation Infrastructure Devices in the 5 GHz retary of Health and Human Services, trans- merce, Science, and Transportation. Band’’ ((FCC 06-96)(ET Docket No. 03-122)) re- mitting, pursuant to law, a report relative to EC–1719. A communication from the Chief ceived on April 30, 2007; to the Committee on the impact and effectiveness of Administra- of Staff, Media Bureau, Federal Communica- Commerce, Science, and Transportation. tion for Native Americans Projects during tions Commission, transmitting, pursuant to EC–1728. A communication from the Chair- fiscal year 2005; to the Committee on Indian law, the report of a rule entitled ‘‘Amend- man, Surface Transportation Board, Depart- Affairs. ment of Section 73.202(b), Table of Allot- ment of Transportation, transmitting, pur- EC–1739. A communication from the Assist- ments, FM Broadcast Stations, Roma, suant to law, the report of a rule entitled ant Secretary for Indian Affairs, Department Texas’’ (MB Docket No. 05-142) received on ‘‘Regulations Governing Fees for Services of the Interior, transmitting, the report of April 30, 2007; to the Committee on Com- Performed in Connection with Licensing and draft legislation intended to ‘‘provide for the merce, Science, and Transportation. Related Services—2007 Update’’ (STB Ex use and distribution of the funds awarded to EC–1720. A communication from the Chief Parte No. 542) received on April 27, 2007; to the Minnesota Chippewa Tribe, et al., by the of Staff, Media Bureau, Federal Communica- the Committee on Commerce, Science, and United States Court of Federal Claims in tions Commission, transmitting, pursuant to Transportation. Docket Nos. 19 and 188, and for other pur- law, the report of a rule entitled ‘‘Amend- EC–1729. A communication from the Dep- poses’’; to the Committee on Indian Affairs. ment of Section 73.202(b), Table of Allot- uty Assistant Secretary for Land and Min- EC–1740. A communication from the Chief ments, FM Broadcast Stations, Ashland, erals Management, Department of the Inte- Justice of the Supreme Court of the United Greensburg, and Kinsley, Kansas; and Alva, rior, transmitting, pursuant to law, the re- States, transmitting, pursuant to law, an Medford, and Mustang, Oklahoma’’ (MB port of a rule entitled ‘‘Geothermal Valu- amendment to the Federal Rules of Appel- Docket No. 06-65) received on April 30, 2007; ation’’ (RIN1010-AD32) received on April 26, late Procedure that has been adopted by the to the Committee on Commerce, Science, 2007; to the Committee on Energy and Nat- Supreme Court; to the Committee on the Ju- and Transportation. ural Resources. diciary. EC–1721. A communication from the Chief EC–1730. A communication from the Direc- EC–1741. A communication from the Dep- of Staff, Media Bureau, Federal Communica- tor, Minerals Management Service, Depart- uty General Counsel, Office of Financial As- tions Commission, transmitting, pursuant to ment of the Interior, transmitting, pursuant sistance, Small Business Administration, law, the report of a rule entitled ‘‘Amend- to law, a report relative to the Department’s transmitting, pursuant to law, the report of ment of Section 73.202(b), Table of Allot- proposed final 5-Year Outer Continental a rule entitled ‘‘Liquidation and Debt Collec- ments, FM Broadcast Stations, Wofford Shelf Oil and Gas Leasing Program for years tion Activities’’ (RIN3245-AE83) received on Heights, California’’ (MB Docket No. 03-91) 2007-2012; to the Committee on Energy and April 30, 2007; to the Committee on Small received on April 30, 2007; to the Committee Natural Resources. Business and Entrepreneurship. on Commerce, Science, and Transportation. EC–1731. A communication from the Chief f EC–1722. A communication from the Chief of the Publications and Regulations Branch, of Staff, Media Bureau, Federal Communica- Internal Revenue Service, Department of the PETITIONS AND MEMORIALS tions Commission, transmitting, pursuant to Treasury, transmitting, pursuant to law, the The following petitions and memo- law, the report of a rule entitled ‘‘Amend- report of a rule entitled ‘‘LMSB Tier II Issue ment of Section 73.202(b), Table of Allot- - Field Directive on the Examination of IRC rials were laid before the Senate and ments, FM Broadcast Stations, Glen Arbor, Section 165 Casualty Losses No. 1’’ (LMSB- were referred or ordered to lie on the Michigan’’ (MB Docket No. 03-142) received 04-0407-030) received on April 30, 2007; to the table as indicated: on April 30, 2007; to the Committee on Com- Committee on Finance. POM–77. A joint resolution adopted by the merce, Science, and Transportation. EC–1732. A communication from the Assist- Legislature of the State of Idaho urging Con- EC–1723. A communication from the Chief ant Secretary, Office of Legislative Affairs, gress to support Federal legislation transfer- of Staff, Media Bureau, Federal Communica- Department of State, transmitting, pursuant ring management of National Forest System tions Commission, transmitting, pursuant to to law , the certification of a proposed manu- Lands within Idaho to the State of Idaho to law, the report of a rule entitled ‘‘Amend- facturing license agreement for the manufac- be managed for the benefit of the rural coun- ment of Section 73.202(b), Table of Allot- ture of significant military equipment ties and schools; to the Committee on En- ments, FM Broadcast Stations, Jackson, Wy- abroad and the export of defense articles or ergy and Natural Resources. oming’’ (MB Docket No. 05-101) received on defense services in the amount of $100,000,000 HOUSE JOINT MEMORIAL NO. 21 April 30, 2007; to the Committee on Com- or more to Japan; to the Committee on For- merce, Science, and Transportation. eign Relations. Whereas, the United States Forest Service EC–1724. A communication from the Dep- EC–1733. A communication from the Assist- administers the management of 39 percent of uty Bureau Chief, Consumer and Govern- ant Secretary, Office of Legislative Affairs, the land base in the state of Idaho, and an mental Affairs Bureau, Federal Communica- Department of State, transmitting, pursuant additional 22 percent is administered by the tions Commission, transmitting, pursuant to to law , the certification of a proposed manu- United States Bureau of Land Management; law, the report of a rule entitled ‘‘Rules and facturing license agreement for the manufac- and Regulations Implementing Minimum Cus- ture of significant military equipment in Whereas, pursuant to 16 U.S.C. Section 471, tomer Account Record Exchange Obligations Germany; to the Committee on Foreign Re- an 1891 law authorizing the President to es- on All Local and Interexchange Carriers’’ lations. tablish national forests, the purpose for es- ((FCC 06-134)(CG Doc. 02-386)) received on EC–1734. A communication from the In- tablishing and administering national for- April 30, 2007; to the Committee on Com- terim Director, Pension Benefit Guaranty ests was to set aside public lands reserved as merce, Science, and Transportation. Corporation, transmitting, pursuant to law, national forests to be controlled and admin- EC–1725. A communication from the Man- the report of a rule entitled ‘‘Benefits Pay- istered, to the extent practical, in accord- agement Analyst, Office of the Managing Di- able in Terminated Single-Employer Plans; ance with the Act which provided that ‘‘no rector, Federal Communications Commis- Allocation of Assets in Single-Employer national forest may be established except to sion, transmitting, pursuant to law, the re- Plans; Interest Assumptions for Valuing and improve and protect the forest, or to secure port of a rule entitled ‘‘In the Matter of Paying Benefits’’ (29 CFR Parts 4022 and 4044) favorable conditions of water flows, and to Amendment of the Schedule of Application received on April 30, 2007; to the Committee furnish a continuous supply of timber for the Fees Set Forth in Sections 1 .1102 through on Health, Education, Labor, and Pensions. use and necessities of citizens’’; and 1.1107 of the Commission’s Rules’’ ((GEN EC–1735. A communication from the Sec- Whereas, it has long been the intent and Docket No. 86-285)(FCC 06-131)) received on retary of Labor, transmitting, the report of policy of the federal government to hold April 30, 2007; to the Committee on Com- proposed legislation entitled ‘‘Child Labor rural communities harmless from the cre- merce, Science, and Transportation. Protection Act of 2007’’; to the Committee on ation of federal lands and in 1906 the Com- EC–1726. A communication from the Acting Health, Education, Labor, and Pensions. mittee on Public Lands recognized that the Legal Advisor, Mobility Division, Federal EC–1736. A communication from the Chair- presence of federal lands could create a hard- Communications Commission, transmitting, man, U.S. International Trade Commission, ship for many counties, as they provided lit- pursuant to law, the report of a rule entitled transmitting, pursuant to law, the Commis- tle revenue or commerce at that time; and ‘‘Implementation of Section 309(j) and 337 of sion’s Semiannual Report for the period Oc- Whereas, in 1908, Congress created the the Communications Act of 1934 as Amended; tober 1, 2006 through March 31, 2007; to the Twenty-five Percent Fund Act to pay states Promotion of Spectrum Efficient Tech- Committee on Homeland Security and Gov- and and counties 25 percent of receipts col- nologies on Certain Part 90 Frequencies’’ ernmental Affairs. lected from national forests and mandated ((FCC 07-39)(WT Docket No. 99-87)) received EC–1737. A communication from the Assist- that payments were to be spent on schools on April 30, 2007; to the Committee on Com- ant Secretary for Legislative Affairs, De- and roads, recognizing that viable commu- merce, Science, and Transportation. partment of Homeland Security, transmit- nities adjacent to the public lands, with ade- EC–1727. A communication from the Chief, ting, pursuant to law, a report relative to quate roads and schools, were essential for Policy and Rules Division, Federal Commu- the Security Plan for Essential Air Service the development and preservation of the na- nications Commission, transmitting, pursu- and Small Community Service Airports; to tional forests; and

VerDate Aug 31 2005 04:22 May 03, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.039 S02MYPT1 ccoleman on PRODPC74 with SENATE S5496 CONGRESSIONAL RECORD — SENATE May 2, 2007 Whereas, the federal policy of holding tees composed of a diverse cross-section of Whereas, in recent decades, the forest re- counties harmless from the creation of pub- the public, with all decisions and actions re- sources have not been managed in a manner lic lands within counties was reiterated in lating to the lands being required to comply to produce long-term sustainable revenue to 1916 with the creation of the Oregon and with every federal and state environmental share with schools and counties; and California Grant Lands under the Chamber- law; and Whereas, in 2000, Congress passed Public lain-Ferris Act, and again in 1937 with pas- Whereas, the management of these lands Law 106–393, the Secure Rural Schools and sage of the Oregon and California Grant would have to meet the mandates of the Community Self-Determination Act. The Lands Act; and Healthy Forest Initiative, the National Fire Act restored historical payment levels pre- Whereas, the forest resources were in- Plan, and state and county fire mitigation viously made to states and counties from the tended to be managed in such an environ- plans: Now, therefore, be it federal government for road and school pur- mentally responsible manner that they Resolved by the members of the Second Reg- poses because of declining levels of actual would produce long-term sustainable rev- ular Session of the Fifty-eighth Idaho Legisla- forest receipts; and enue to share with schools and counties as ture, the House of Representatives and the Sen- Whereas, the reauthorization and appro- well as products for the nation; and ate concurring therein, That we urge the Con- priation of the Secure Rural Schools and Whereas, in 2000, Congress passed the Se- gress to support federal legislation transfer- Community Self-Determination Act is pend- cure Rural Schools and Community Self-De- ring management of national forest system ing before the United States Congress, and termination Act, commonly known as public lands within Idaho to the state of Idaho to be Idaho counties are on record as being strong- law 106–393, which restored historical pay- managed for the benefit of the rural counties ly supportive of a fully funded approval of ment levels previously made to states and and schools with the state of Idaho being this Act; and counties from the federal government for held harmless from the costs of administra- Whereas, federal land managers continue road and school purposes due to declining tion; and be it further to be faced with funding shortages. In the levels of actual forest receipts; and Resolved, That Congress is urged to provide event the Secure Rural Schools and Commu- Whereas, the reauthorization of public law that any transfer of management authority nity Self-Determination Act is not reauthor- 106–393 is pending before the United States would not affect any rights or authority of ized and appropriated, counties will be faced Congress and Idaho counties are on record as the state with respect to fish and wildlife, or with higher property taxes or a reduction in being strongly supportive of a fully-funded repeal or modify any provision of law that services and, even if the Act is reauthorized approval of this Act; and permits the state or political subdivisions of and appropriated, it will likely be the last Whereas, recently, federal land managers the state to share in the revenues from fed- time, and the state of Idaho must seek a have been faced with an ever-present funding eral lands, or any provision of law that pro- long-term solution; and Whereas, in 2006, House Joint Memorial shortage and rural counties will be faced vides that fees or charges collected at par- No. 21 was adopted by the members of the with higher property taxes or a reduction in ticular federal areas be used for or credited Second Regular Session of the Fifty-eighth services if the Secure Rural Schools and to specific purposes or special funds; and be Idaho Legislature to provide one option to Community Self-Determination Act is not it further reauthorized and appropriated; and Resolved, That Congress is urged to provide address the problem of declining forest re- Whereas, there is continued concern that if that fees or revenues collected under state ceipts by urging Congress to support federal the Act is reauthorized and appropriated it management be allocated 75 percent, or legislation transferring management of Na- may be the last time it occurs and a long- other appropriate percentage, for the benefit tional Forest System lands within Idaho to term solution to these issues is necessary; of the counties and schools in which the na- the state of Idaho to be managed for the ben- and tional forest system lands are located and 25 efit of the rural counties and schools: Now, Whereas, the state of Idaho is dependent percent, or other appropriate percentage, for therefore, be it Resolved by the members of the First Reg- upon healthy national forest system lands the benefit of the national forest in which ular Session of the Fifty-ninth Idaho Legis- for economic benefit, recreation and scenic the lands administered by the state of Idaho lature, the House of Representatives and the beauty and it is time to demonstrate a new are located to be paid at the end of the year Senate concurring therein, that the Legisla- initiative and commitment to the intent and to the Secretary of the Treasury, and that tive Council is authorized to appoint an in- policy of the federal government to hold amounts allocated to the counties should not terim committee to undertake and complete counties and schools harmless from the cre- be taken into account for purposes of the an assessment of the decline in receipts on ation of federal lands and construct a path Twenty-five Percent Fund pursuant to 16 National Forest System lands, which have leading to economic stability for rural com- U.S.C. Section 500; and be it further historically been shared with counties, with munities and schools; and Resolved, That Congress is urged to seek a the goal of the interim committee’s rec- Whereas, transfer of the management of long-term solution to the significant issues ommendations being to develop a federal, bi- the national forest system lands that are not that will face rural counties in the event the partisan, long-term solution that addresses designated as wilderness, proposed or rec- Secure Rural Schools payments are not reau- sustainable management of federal forest ommended wilderness, wild and scenic river, thorized or are allowed to expire following lands to stabilize payments to Idaho’s forest or national recreation area, or designated the 2006 reauthorization; and be it further counties, which help support roads and roadless area in Idaho, to the state of Idaho Resolved, That the Chief Clerk of the House schools, and to provided projects that en- would promote better stewardship of the of Representatives be, and she is hereby au- hance forest ecosystem health and provide public lands, provide financial returns to the thorized and directed to forward a copy of employment opportunities, and to improve counties, secure public access, meet this Memorial to the President of the Senate cooperative relationships among those who Congress’s intent to hold rural communities and the Speaker of the House of Representa- use and care about the lands the agencies harmless from the creation of federal lands, tives of Congress, and the congressional dele- manage. The Legislative Council shall deter- and fund schools, road and bridge infrastruc- gation representing the State of Idaho in the mine the membership from each house ap- ture which would offset significant tax in- Congress of the United States. creases in rural counties in the event the Se- pointed to the interim committee and shall authorize the interim committee to receive cure Rural Schools payments are not reau- POM–78. A concurrent resolution adopted input, advice and assistance from interested thorized or are allowed to expire following by the House of Representatives of the Legis- and affected parties who are not members of the 2006 reauthorization; and lature of the State of Idaho stating findings the Legislature. As much as is practicable, Whereas, precedent for state administra- of the Legislature and authorizing the legis- the interim committee shall work in co- tion of federally-owned lands exists in the lative council to appoint a committee to un- operation and coordination with the state of state of Idaho at the City of Rocks area in dertake and complete a study of the decline Idaho, its counties, its school and highway southern Idaho and campground-related fa- in receipts on National Forest System districts, along with the recognized Indian cilities and land at Lake Cascade; and Lands; to the Committee on Energy and Nat- Whereas, a transfer of management to the tribes of the state of Idaho. The interim ural Resources. state of Idaho would demonstrate a new ini- committee is also authorized to retain the tiative and commitment to the intent and HOUSE CONCURRENT RESOLUTION NO. 26 services of consultants, within appropriated policy of the federal government to hold Whereas, it has long been the intent and moneys, who are familiar with forest re- rural counties and schools harmless from the policy of the federal government to hold ceipts, and who can provide necessary eco- consequences of the reservation of federal rural communities harmless from the cre- nomic and other research to assist the in- lands and construct a process leading to eco- ation of federal lands and in 1906 the Com- terim committee and the Legislature in nomic stability for rural communities and mittee on Public Lands recognized that the making an informed decision on this most schools; and presence of federal lands could create hard- important topic; and now, therefore, be it Whereas, lands for which management re- ship for many counties as they provided lit- further sponsibility is transferred to the state of tle revenue or commerce at that time; and Resolved, That the Idaho legislative in- Idaho could be administered by the Idaho De- Whereas, in 1908, the federal government terim committee on forest receipts will ad- partment of Lands in cooperation with coun- promised rural counties 25 percent of all rev- dress National Forest System lands, but only ty officials and with cooperative oversight enues generated from the multiple-use man- those lands that do not have special designa- by the United State Forest Service and state agement of the newly created national for- tions. The interim committee is directed to and local government could establish, or use ests to support public roads and public formulate a solution that will protect all existing natural resource advisory commit- schools; and valid existing rights, existing public access

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A bill to amend title 38, United and transparent democratic system in interfere with treaties or any other obliga- States Code, to increase assistance for vet- Ukraine based on the rule of law; to the tions to the Indian tribes, commitments to erans interred in cemeteries other than na- Committee on Foreign Relations. county governments, or the General Mining tional cemeteries, and for other purposes; to f Law or Taylor Grazing Act; and now, there- the Committee on Veterans’ Affairs. fore, be it further By Mr. LUGAR (for himself, Mr. DODD, ADDITIONAL COSPONSORS Resolved, That nonlegislative members of Mr. GRAHAM, Mr. DOMENICI, and Ms. S. 57 the interim committee may be appointed by LANDRIEU): At the request of Mr. INOUYE, the the cochairs of the interim committee who S. 1267. A bill to maintain the free flow of name of the Senator from Alaska (Mr. are appointed by the Legislative Council. information to the public by providing condi- Nonlegislative members of the interim com- tions for the federally compelled disclosure STEVENS) was added as a cosponsor of mittee shall not be reimbursed from legisla- of information by certain persons connected S. 57, a bill to amend title 38, United tive funds for per diem, mileage or other ex- with the news media; to the Committee on States Code, to deem certain service in penses and shall not have voting privileges the Judiciary. the organized military forces of the regarding the interim committee’s rec- By Mr. DORGAN (for himself and Mr. Government of the Commonwealth of ommendations or proposed legislation; and CRAIG): the Philippines and the Philippine now, therefore, be it further S. 1268. A bill to provide for the develop- Scouts to have been active service for Resolved, That the interim committee shall ment and inventory of certain outer Conti- purposes of benefits under programs report its findings, recommendations and nental Shelf resources; to the Committee on administered by the Secretary of Vet- proposed legislation, if any, to the Second Energy and Natural Resources. Regular Session of the Fifty-ninth Idaho By Mr. INHOFE: erans Affairs. Legislature. S. 1269. A bill to improve border security in S. 154 f the United States and for other purposes; to At the request of Mr. BUNNING, the the Committee on the Judiciary. name of the Senator from West Vir- EXECUTIVE REPORT OF By Mr. AKAKA (for himself, Mr. KEN- ginia (Mr. BYRD) was added as a co- COMMITTEE NEDY, Mr. INOUYE, Mr. OBAMA, Mr. sponsor of S. 154, a bill to promote DURBIN, Mr. HARKIN, Mr. SALAZAR, coal-to-liquid fuel activities. The following executive report of a and Mr. ISAKSON): nomination was submitted: S. 1270. A bill to amend title IV of the Em- S. 155 By Mr. BINGAMAN for the Committee on ployee Retirement Income Security Act of At the request of Mr. BUNNING, the Energy and Natural Resources. 1974 to require the Pension Benefit Guaranty name of the Senator from West Vir- *Steven Jeffrey Isakowitz, of Virginia, to Corporation, in the case of airline pilots who ginia (Mr. BYRD) was added as a co- be Chief Financial Officer, Department of are required by regulation to retire at age 60, sponsor of S. 155, a bill to promote Energy. to compute the actuarial value of monthly coal-to-liquid fuel activities. benefits in the form of a life annuity com- *Nomination was reported with rec- S. 291 ommendation that it be confirmed sub- mencing at age 60; to the Committee on Health, Education, Labor, and Pensions. At the request of Mr. SMITH, the ject to the nominee’s commitment to By Mr. OBAMA (for himself and Mrs. name of the Senator from Minnesota respond to requests to appear and tes- MCCASKILL): (Ms. KLOBUCHAR) was added as a co- tify before any duly constituted com- S. 1271. A bill to provide for a comprehen- sponsor of S. 291, a bill to establish a mittee of the Senate. sive national research effort on the physical digital and wireless network tech- f and mental health and other readjustment nology program, and for other pur- needs of the members of the Armed Forces poses. INTRODUCTION OF BILLS AND and veterans who served in Operation Iraqi S. 311 JOINT RESOLUTIONS Freedom and Operation Enduring Freedom and their families; to the Committee on At the request of Ms. LANDRIEU, the The following bills and joint resolu- Armed Services. names of the Senator from Hawaii (Mr. tions were introduced, read the first By Mr. CHAMBLISS (for himself, Mr. INOUYE) and the Senator from West and second times by unanimous con- COLEMAN, Ms. KLOBUCHAR, and Mr. Virginia (Mr. ROCKEFELLER) were added sent, and referred as indicated: ISAKSON): as cosponsors of S. 311, a bill to amend By Mr. ENZI (for himself, Mr. ALEX- S. 1272. A bill to establish the National the Horse Protection Act to prohibit ANDER, Mr. ALLARD, Mr. BURR, Mr. Guard Yellow Ribbon Reintegration Pro- the shipping, transporting, moving, de- ISAKSON, Ms. MURKOWSKI, and Mr. gram; to the Committee on Armed Services. livering, receiving, possessing, pur- ROBERTS): By Mr. KYL: S. 1273. A bill to amend the Internal Rev- chasing, selling, or donation of horses S. 1262. A bill to protect students receiving and other equines to be slaughtered for student loans, and for other purposes; to the enue Code of 1986 to allow permanent look- Committee on Health, Education, Labor, and through treatment of payments between re- human consumption, and for other pur- Pensions. lated foreign corporations; to the Committee poses. By Ms. CANTWELL (for herself, Mr. on Finance. S. 329 SMITH, Mr. KERRY, Mrs. BOXER, Mr. By Mr. DURBIN: At the request of Mrs. LINCOLN, the NELSON of Florida, Mrs. MCCASKILL, S. 1274. A bill to amend the Federal Food, names of the Senator from Ohio (Mr. Drug, and Cosmetic Act with respect to the Mr. ROCKEFELLER, Mrs. MURRAY, Mrs. BROWN) and the Senator from South FEINSTEIN, Mr. BIDEN, Ms. STABENOW, safety of food for humans and pets; to the Committee on Health, Education, Labor, and Dakota (Mr. JOHNSON) were added as Mr. WYDEN, Mr. REED, Mr. DORGAN, cosponsors of S. 329, a bill to amend Mr. DURBIN, and Mr. HARKIN): Pensions. S. 1263. A bill to protect the welfare of con- By Mr. SCHUMER (for himself and title XVIII of the Social Security Act sumers by prohibiting price gouging with re- Mrs. CLINTON): to provide coverage for cardiac reha- spect to gasoline and petroleum distillates S. 1275. A bill to amend the Public Health bilitation and pulmonary rehabilita- during natural disasters and abnormal mar- Service Act and title XIX of the Social Secu- tion services. rity Act to provide for a screening and treat- ket disruptions, and for other purposes; to S. 334 the Committee on Commerce, Science, and ment program for prostate cancer in the same manner as is provided for breast and At the request of Mr. WYDEN, the Transportation. name of the Senator from Utah (Mr. By Mr. COLEMAN (for himself and Mr. cervical cancer; to the Committee on Fi- BENNETT) was added as a cosponsor of PRYOR): nance. S. 334, a bill to provide affordable, S. 1264. A bill to amend the Internal Rev- f enue Code of 1986 to provide a credit to hold- guaranteed private health coverage ers of rural renaissance bonds; to the Com- SUBMISSION OF CONCURRENT AND that will make Americans healthier mittee on Finance. SENATE RESOLUTIONS and can never be taken away. By Mr. CRAIG: The following concurrent resolutions S. 367 S. 1265. A bill to amend title 38, United and Senate resolutions were read, and At the request of Mr. DORGAN, the States Code, to expand eligibility for vet- name of the Senator from Michigan erans’ mortgage life insurance to include referred (or acted upon), as indicated: members of the Armed Forces receiving spe- By Mr. DODD: (Ms. STABENOW) was added as a cospon- cially adapted housing assistance from the S. Con. Res. 30. A concurrent resolution sor of S. 367, a bill to amend the Tariff Department of Veterans Affairs; to the Com- urging all sides to the current political crisis Act of 1930 to prohibit the import, ex- mittee on Veterans’ Affairs. in Ukraine to act responsibly and use dia- port, and sale of goods made with

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At the request of Mr. DOMENICI, the S. 721 392, a bill to ensure payment of United name of the Senator from Virginia (Mr. At the request of Mr. ENZI, the name States assessments for United Nations WEBB) was added as a cosponsor of S. of the Senator from Virginia (Mr. peacekeeping operations for the 2005 558, a bill to provide parity between WEBB) was added as a cosponsor of S. through 2008 time period. health insurance coverage of mental 721, a bill to allow travel between the United States and Cuba. S. 430 health benefits and benefits for med- S. 773 At the request of Mr. LEAHY, the ical and surgical services. At the request of Mr. WARNER, the name of the Senator from North Da- S. 591 name of the Senator from Washington kota (Mr. DORGAN) was added as a co- At the request of Mr. CHAMBLISS, the (Mrs. MURRAY) was added as a cospon- sponsor of S. 430, a bill to amend title names of the Senator from Indiana sor of S. 773, a bill to amend the Inter- 10, United States Code, to enhance the (Mr. LUGAR) and the Senator from Illi- nal Revenue Code of 1986 to allow Fed- national defense through empowerment nois (Mr. DURBIN) were added as co- eral civilian and military retirees to of the Chief of the National Guard Bu- sponsors of S. 591, a bill to amend the pay health insurance premiums on a reau and the enhancement of the func- Food Stamp Act of 1977 to adjust for pretax basis and to allow a deduction tions of the National Guard Bureau, inflation the allowable amounts of fi- for TRICARE supplemental premiums. and for other purposes. nancial resources of eligible households S. 838 and to exclude from countable finan- S. 442 At the request of Mr. SMITH, the At the request of Mr. DURBIN, the cial resources certain retirement and name of the Senator from New Jersey education accounts. names of the Senator from New Jersey (Mr. MENENDEZ) was added as a cospon- (Mr. LAUTENBERG), the Senator from S. 594 sor of S. 838, a bill to authorize funding Colorado (Mr. SALAZAR), the Senator At the request of Mrs. FEINSTEIN, the for eligible joint ventures between from Hawaii (Mr. AKAKA), the Senator name of the Senator from Wisconsin United States and Israeli businesses from Ohio (Mr. BROWN), the Senator (Mr. FEINGOLD) was added as a cospon- and academic persons, to establish the from New Jersey (Mr. MENENDEZ), the sor of S. 594, a bill to limit the use, International Energy Advisory Board, Senator from California (Mrs. BOXER), sale, and transfer of cluster munitions. and for other purposes. the Senator from Washington (Mrs. S. 597 S. 881 MURRAY), the Senator from Con- At the request of Mrs. FEINSTEIN, the At the request of Mrs. LINCOLN, the necticut (Mr. LIEBERMAN), the Senator names of the Senator from Kansas (Mr. names of the Senator from Mississippi from Michigan (Mr. LEVIN), the Sen- ROBERTS) and the Senator from Indiana (Mr. COCHRAN) and the Senator from ator from Arkansas (Mr. PRYOR) and (Mr. LUGAR) were added as cosponsors Alaska (Ms. MURKOWSKI) were added as the Senator from Vermont (Mr. SAND- of S. 597, a bill to extend the special cosponsors of S. 881, a bill to amend the ERS) were added as cosponsors of S. 442, postage stamp for breast cancer re- Internal Revenue Code of 1986 to extend a bill to provide for loan repayment for search for 2 years. and modify the railroad track mainte- prosecutors and public defenders. S. 609 nance credit. S. 450 At the request of Mr. ROCKEFELLER, S. 901 At the request of Mrs. LINCOLN, the the name of the Senator from South At the request of Mr. KENNEDY, the name of the Senator from South Da- Dakota (Mr. JOHNSON) was added as a name of the Senator from New Jersey kota (Mr. JOHNSON) was added as a co- cosponsor of S. 609, a bill to amend sec- (Mr. LAUTENBERG) was added as a co- sponsor of S. 450, a bill to amend title tion 254 of the Communications Act of sponsor of S. 901, a bill to amend the XVIII of the Social Security Act to re- 1934 to provide that funds received as Public Health Service Act to provide peal the medicare outpatient rehabili- universal service contributions and the additional authorizations of appropria- tation therapy caps. universal service support programs es- tions for the health centers program S. 458 tablished pursuant to that section are under section 330 of such Act. At the request of Mrs. LINCOLN, the not subject to certain provisions of S. 902 name of the Senator from South Da- title 31, United States Code, commonly At the request of Mr. HARKIN, the kota (Mr. JOHNSON) was added as a co- known as the Antideficiency Act. name of the Senator from Michigan (Ms. STABENOW) was added as a cospon- sponsor of S. 458, a bill to amend title S. 617 sor of S. 902, a bill to provide support XVIII of the Social Security Act to At the request of Mr. SMITH, the provide for the treatment of certain and assistance for families of members names of the Senator from Idaho (Mr. of the National Guard and Reserve who physician pathology services under the CRAIG) and the Senator from New Mex- Medicare program. are undergoing deployment, and for ico (Mr. DOMENICI) were added as co- other purposes. S. 506 sponsors of S. 617, a bill to make the S. 937 At the request of Mr. LAUTENBERG, National Parks and Federal Rec- At the request of Mrs. CLINTON, the the name of the Senator from New Jer- reational Lands Pass available at a dis- name of the Senator from Ohio (Mr. sey (Mr. MENENDEZ) was added as a co- count to certain veterans. BROWN) was added as a cosponsor of S. sponsor of S. 506, a bill to improve effi- S. 638 937, a bill to improve support and serv- ciency in the Federal Government At the request of Mr. ROBERTS, the ices for individuals with autism and through the use of high-performance names of the Senator from North Caro- their families. green buildings, and for other purposes. lina (Mrs. DOLE), the Senator from S. 946 S. 545 Louisiana (Ms. LANDRIEU) and the Sen- At the request of Mr. DURBIN, the At the request of Mr. LOTT, the name ator from Virginia (Mr. WARNER) were name of the Senator from Washington of the Senator from New Hampshire added as cosponsors of S. 638, a bill to (Ms. CANTWELL) was added as a cospon- (Mr. SUNUNU) was added as a cosponsor amend the Internal Revenue Code of sor of S. 946, a bill to amend the Farm of S. 545, a bill to improve consumer 1986 to provide for collegiate housing Security and Rural Investment Act of access to passenger vehicle loss data and infrastructure grants. 2002 to reauthorize the McGovern-Dole held by insurers. S. 673 International Food for Education and S. 557 At the request of Mr. SALAZAR, the Child Nutrition Program, and for other At the request of Mr. SCHUMER, the name of the Senator from California purposes. name of the Senator from North Caro- (Mrs. FEINSTEIN) was added as a co- S. 961 lina (Mr. BURR) was added as a cospon- sponsor of S. 673, a bill to amend the At the request of Mr. NELSON of Ne- sor of S. 557, a bill to amend the Inter- Internal Revenue Code of 1986 to pro- braska, the names of the Senator from

VerDate Aug 31 2005 02:38 May 03, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.049 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5499 Washington (Ms. CANTWELL), the Sen- S. 1173 S. CON. RES. 27 ator from Colorado (Mr. SALAZAR), the At the request of Mrs. BOXER, the At the request of Mrs. CLINTON, the Senator from Vermont (Mr. SANDERS), name of the Senator from Ohio (Mr. name of the Senator from Mississippi the Senator from Michigan (Ms. BROWN) was added as a cosponsor of S. (Mr. COCHRAN) was added as a cospon- STABENOW), the Senator from South 1173, a bill to protect, consistent with sor of S. Con. Res. 27, a concurrent res- Dakota (Mr. JOHNSON) and the Senator Roe v. Wade, a woman’s freedom to olution supporting the goals and ideals from Missouri (Mr. BOND) were added choose to bear a child or terminate a of ‘‘National Purple Heart Recognition as cosponsors of S. 961, a bill to amend pregnancy, and for other purposes. Day’’. title 46, United States Code, to provide S. 1185 S. RES. 183 benefits to certain individuals who At the request of Mr. BINGAMAN, the At the request of Ms. LANDRIEU, the served in the United States merchant name of the Senator from Nevada (Mr. names of the Senator from Colorado marine (including the Army Transport REID) was added as a cosponsor of S. (Mr. ALLARD) and the Senator from Service and the Naval Transport Serv- 1185, a bill to provide grants to States Georgia (Mr. CHAMBLISS) were added as ice) during World War II, and for other to improve high schools and raise grad- cosponsors of S. Res. 183, a resolution purposes. uation rates while ensuring rigorous supporting the goals and ideals of Na- S. 972 standards, to develop and implement tional Charter Schools Week, April 30, At the request of Mr. LAUTENBERG, effective school models for struggling 2007, through May 4, 2007. the name of the Senator from Vermont students and dropouts, and to improve AMENDMENT NO. 982 (Mr. SANDERS) was added as a cospon- State policies to raise graduation At the request of Mr. ALLARD, the sor of S. 972, a bill to provide for the re- rates, and for other purposes. names of the Senator from Missouri duction of adolescent pregnancy, HIV S. 1190 (Mr. BOND), the Senator from Utah (Mr. rates, and other sexually transmitted At the request of Mr. DURBIN, the HATCH) and the Senator from Ten- diseases, and for other purposes. names of the Senator from Maine (Ms. nessee (Mr. ALEXANDER) were added as S. 1003 SNOWE), the Senator from Tennessee cosponsors of amendment No. 982 pro- At the request of Ms. STABENOW, the (Mr. ALEXANDER), the Senator from posed to S. 1082, a bill to amend the name of the Senator from Michigan New Mexico (Mr. BINGAMAN) and the Federal Food, Drug, and Cosmetic Act (Mr. LEVIN) was added as a cosponsor of Senator from Louisiana (Ms. to reauthorize and amend the prescrip- S. 1003, a bill to amend title XVIII of LANDRIEU) were added as cosponsors of tion drug user fee provisions, and for the Social Security Act to improve ac- S. 1190, a bill to promote the deploy- other purposes. cess to emergency medical services and ment and adoption of telecommuni- AMENDMENT NO. 993 the quality and efficiency of care fur- cations services and information tech- At the request of Mr. GREGG, the nished in emergency departments of nologies, and for other purposes. name of the Senator from Minnesota hospitals and critical access hospitals S. 1205 (Mr. COLEMAN) was added as a cospon- by establishing a bipartisan commis- sor of amendment No. 993 proposed to sion to examine factors that affect the At the request of Mr. SMITH, the name of the Senator from Massachu- S. 1082, a bill to amend the Federal effective delivery of such services, by Food, Drug, and Cosmetic Act to reau- providing for additional payments for setts (Mr. KENNEDY) was added as a co- sponsor of S. 1205, a bill to require a thorize and amend the prescription certain physician services furnished in drug user fee provisions, and for other such emergency departments, and by pilot program on assisting veterans service organizations and other vet- purposes. establishing a Centers for Medicare & AMENDMENT NO. 1004 Medicaid Services Working Group, and erans groups in developing and pro- At the request of Ms. LANDRIEU, the for other purposes. moting peer support programs that fa- cilitate community reintegration of name of the Senator from Louisiana S. 1038 veterans returning from active duty, (Mr. VITTER) was added as a cosponsor At the request of Mr. CORNYN, the and for other purposes. of amendment No. 1004 proposed to S. name of the Senator from New Mexico 1082, a bill to amend the Federal Food, S. 1237 (Mr. DOMENICI) was withdrawn as a co- Drug, and Cosmetic Act to reauthorize At the request of Mr. LAUTENBERG, sponsor of S. 1038, a bill to amend the and amend the prescription drug user the name of the Senator from Mary- Internal Revenue Code of 1986 to ex- fee provisions, and for other purposes. pand workplace health incentives by land (Ms. MIKULSKI) was added as a co- f equalizing the tax consequences of em- sponsor of S. 1237, a bill to increase ployee athletic facility use. public safety by permitting the Attor- STATEMENTS ON INTRODUCED S. 1083 ney General to deny the transfer of BILLS AND JOINT RESOLUTIONS firearms or the issuance of firearms At the request of Mr. CORNYN, the By Mr. ENZI (for himself, Mr. AL- and explosives licenses to known or name of the Senator from New Mexico EXANDER, Mr. ALLARD, Mr. suspected dangerous terrorists. (Mr. DOMENICI) was added as a cospon- BURR, Mr. ISAKSON, Ms. MUR- sor of S. 1083, a bill to amend the Immi- S. 1257 KOWSKI, and Mr. ROBERTS): gration and Nationality Act to in- At the request of Mr. LIEBERMAN, the S. 1262. A bill to protect students re- crease competitiveness in the United names of the Senator from New York ceiving student loans, and for other States, and for other purposes. (Mrs. CLINTON), the Senator from Lou- purposes; to the Committee on Health, S. 1129 isiana (Ms. LANDRIEU) and the Senator Education, Labor, and Pensions. At the request of Mr. SMITH, the from Vermont (Mr. LEAHY) were added S. 1262 name of the Senator from South Da- as cosponsors of S. 1257, a bill to pro- Mr. ENZI. Mr. President, I rise to kota (Mr. JOHNSON) was added as a co- vide the District of Columbia a voting speak about the Student Loan Ac- sponsor of S. 1129, a bill to amend the seat and the State of Utah an addi- countability and Disclosure Reform Internal Revenue Code of 1986 to mod- tional seat in the House of Representa- Act which I, along with Senators ALEX- ify the definition of governmental plan tives. ANDER, BURR, ISAKSON, ALLARD and with respect to Indian tribal govern- S. CON. RES. 26 MURKOWSKI, am introducing today. In ments. At the request of Mrs. CLINTON, the this era of rising college costs, it is S. 1164 name of the Senator from Mississippi more important than ever to make At the request of Mr. CARDIN, the (Mr. COCHRAN) was added as a cospon- sure that the colleges, lenders and name of the Senator from North Da- sor of S. Con. Res. 26, a concurrent res- guaranty agencies that provide loans kota (Mr. CONRAD) was added as a co- olution recognizing the 75th anniver- to help students pay for college operate sponsor of S. 1164, a bill to amend title sary of the Military Order of the Pur- in a fair, accountable and transparent XVIII of the Social Security Act to im- ple Heart and commending recipients manner. prove patient access to, and utilization of the Purple Heart for their coura- In fiscal year 2007, the Federal Gov- of, the colorectal cancer screening ben- geous demonstrations of gallantry and ernment, through the Federal Family efit under the Medicare Program. heroism on behalf of the United States. Education Loan, FFEL, and Direct

VerDate Aug 31 2005 02:38 May 03, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.051 S02MYPT1 ccoleman on PRODPC74 with SENATE S5500 CONGRESSIONAL RECORD — SENATE May 2, 2007 Loan programs is expected to back and services for colleges without compensa- section 439(q)) for the purpose of securing the provide $65.9 billion in new loans to tion. Lenders may not provide informa- designation of the guaranty agency as the students and their parents for attend- tion technology equipment at below insurer of such loans; ance at over 6,000 schools. The FFEL market value. Both lenders and guar- ‘‘(B) conduct unsolicited mailings, by post- al or electronic means, of student loan appli- program accounts for about 79 percent anty agencies are prohibited from send- cation forms to students enrolled in sec- of new student loan volume. There are ing unsolicited electronic mailings to ondary school or postsecondary educational approximately 3,200 FFEL lenders. potential borrowers. institutions, or to the parents of such stu- Thirty-five State and private, non- Finally, the recent revelations of dents, except that applications may be profit guaranty agencies back the questionable relationships between col- mailed, by postal or electronic means, to FFEL loans. leges and lenders have led to new calls students or borrowers who have previously Overall, the programs are expected to to eliminate any areas of potential received loans guaranteed under this part by provide financing to 14.3 million stu- conflicts of interest. For this reason, it the guaranty agency; dents and their families this year. ‘‘(C) perform, for an institution of higher is time to phase out the ability of col- education participating in a program under These students and their families are leges to act as lenders in the FFEL this title and without appropriate compensa- depending upon us to protect them program, a provision commonly re- tion by such institution, any function that from those individuals who are using ferred to as ‘‘school-as-lender.’’ the institution is required to perform under the financial loan programs to benefit Higher education is crucial to main- part B, D, or G (except for the exit coun- themselves to the detriment of stu- taining America’s competitiveness. seling described in section 485(b)); dents. Education at all levels, including life- ‘‘(D) pay, on behalf of the institution of The focus of this bill is to make col- long education opportunities, is vital higher education, another person to perform leges, lenders and guaranty agencies any function that the institution of higher to ensuring that America retains its education is required to perform under part accountable, by prohibiting lenders and competitive edge in the global econ- B, D, or G (except for the exit counseling de- guaranty agencies from offering in- omy. In this global economy, learning scribed in section 485(b)); or ducements, and colleges from accept- is never over and school is never out. If ‘‘(E) conduct fraudulent or misleading ad- ing them, and by requiring disclosures students and families are to make in- vertising concerning loan availability, to students, their families and the pub- formed decisions about how to pay for terms, or conditions. lic. college, they must have clear, accu- It shall not be a violation of this paragraph There are a lot of ethical, hard-work- rate, comprehensive information on for a guaranty agency to provide assistance to institutions of higher education com- ing financial aid administrators and which to base their decisions. lenders who have spent their lives help- parable to the kinds of assistance provided We must help and protect the 14.3 to institutions of higher education by the ing students go to college. It is a million students and their families who Department.’’. shame that a few bad actors have cast will seek student loans this year to pay a shadow over the whole student loan SEC. 3. DISCLOSURE RULES FOR EDUCATIONAL for the education they need. Therefore, LOANS. industry. However, in light of recent we must maintain the integrity of the revelations about the behavior of a few Title I of the Higher Education Act of 1965 student loan programs. Let’s fix the (20 U.S.C. 1001 et seq.) is amended by adding college officials and a few lenders, it is system and restore the confidence of at the end the following: clear that we need to take steps to pro- students that they are being treated tect students and their families from fairly from the beginning, and through ‘‘PART E—DISCLOSURE RULES FOR EDUCATIONAL LOANS any actions and arrangements that are the time they are repaying their loans not fully disclosed. and realizing their goals. ‘‘SEC. 151. DISCLOSURE RULES RELATING TO EDUCATIONAL LOANS. A key part of this bill is a Code of I want to thank Senators ALEX- Conduct for institutions of higher edu- ANDER, BURR, ISAKSON, ALLARD, and ‘‘(a) DEFINITIONS.—In this part: cation. It prohibits colleges and their MURKOWSKI for joining me in this ef- ‘‘(1) COST OF ATTENDANCE.—The term ‘cost employees with responsibility for stu- fort. of attendance’ has the meaning given the dent financial aid from receiving any- term in section 472. Mr. President, I ask unanimous con- ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— thing of value from any lender in ex- sent that the text of the bill be printed change for advantages sought by the The term ‘institution of higher education’— in the RECORD. ‘‘(A) has the meaning given the term in lender. The prohibition applies not There being no objection, the text of section 102; and only to gifts and trips, but to com- the bill was ordered to be printed in ‘‘(B) includes an employee or agent of the pensation for service on advisory the RECORD, as follows: institution of higher education or any orga- boards and consulting contracts. nization or entity directly or indirectly con- S. 1262 Colleges are prohibited from desig- trolled by such institution. nating ‘‘preferred lenders.’’ However, Be it enacted by the Senate and House of Rep- ‘‘(3) LENDER.—The term ‘lender’ means— resentatives of the United States of America in ‘‘(A) any lender of a loan made, insured, or they may collect information from Congress assembled, lenders, at the college’s invitation or guaranteed under title IV, including a con- SECTION 1. SHORT TITLE. solidation loan under section 428C; upon the request of a lender, including This Act may be cited as the ‘‘Student ‘‘(B) any lender that is a financial institu- interest rates, payment of origination Loan Accountability and Disclosure Reform tion, as such term is defined in section 509 of and other fees, discounts, services and Act’’. the Gramm-Leach-Bliley Act (15 U.S.C. 6809); terms and conditions of the loans, and SEC. 2. INSURANCE PROGRAM AGREEMENTS. and the lender’s contact information, on a Paragraph (3) of section 428(b) of the High- ‘‘(C) for any loan issued or provided to a standard electronic template. All tem- er Education Act of 1965 (20 U.S.C. 1078(b)(3)) student under part D of title IV, the Sec- plates submitted will be made avail- is amended to read as follows: retary. able to current and prospective stu- ‘‘(3) RESTRICTIONS ON INDUCEMENTS, PAY- ‘‘(4) PRIVATE EDUCATIONAL LOAN.—The term MENTS, MAILINGS, AND ADVERTISING.—A guar- ‘private educational loan’ means a private dents and their families. Colleges will loan that— provide students and parents with a anty agency shall not— ‘‘(A) offer, directly or indirectly, pre- ‘‘(A) is not made, insured, or guaranteed guide that enables the students and miums, payments, stock or other securities, under title IV; and parents to do their own evaluation of prizes, travel, entertainment expenses, tui- ‘‘(B) is offered to a borrower by an institu- the loan products, benefits, and serv- tion repayment, or other inducements to— tion of higher education through an award ices offered by the lenders. An annual ‘‘(i) any institution of higher education or letter or other notification. attestation of college compliance by a the employees of an institution of higher ‘‘(b) DISCLOSURES.— high level college official with the Code education in order to secure applicants for ‘‘(1) DISCLOSURES BY LENDERS.—Before a of Conduct is required. loans made under this part; or lender issues or otherwise provides a loan The bill expands prohibitions on ‘‘(ii) any lender, or any agent, employee, or under title IV or a private educational loan guaranty agencies and lenders, includ- independent contractor of any lender or to a student, the lender shall provide the guaranty agency, in order to administer or student, in writing, with the disclosures de- ing provisions that prohibit the offer- market loans made under this part (other scribed in paragraph (2). ing of any premiums, payments, prizes, than a loan made under section 428H or a ‘‘(2) DISCLOSURES.—The disclosures re- and tuition payments. Guaranty agen- loan made as part of the guaranty agency’s quired by this paragraph shall include a cies are precluded from performing any lender-of-last-resort program pursuant to clear and prominent statement—

VerDate Aug 31 2005 02:38 May 03, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.054 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5501 ‘‘(A) that the borrower may qualify for application forms to students enrolled in has responsibilities with respect to student Federal financial assistance through a pro- secondary school or postsecondary institu- loans or other financial aid of the institu- gram under title IV, in lieu of or in addition tions, or to parents of such students, except tion, is prohibited from taking from any to a loan from a non-Federal source; that applications may be mailed, by postal lender any gift or trip worth more than ‘‘(B) of the interest rates available with re- or electronic means, to students or bor- nominal value, except for reasonable ex- spect to such Federal financial assistance; rowers who have previously received loans penses for professional development that will ‘‘(C) showing sample educational loan under this part from such lender; improve the efficiency and effectiveness of costs, disaggregated by type; ‘‘(C) entered into any type of consulting programs under this title and for domestic ‘‘(D) that describes, with respect to each arrangement, or other contract to provide travel to such professional development. loan being provided to the student by the services to a lender, with an employee who is ‘‘(iii) CONTRACTING ARRANGEMENTS.—Any lender— employed in the financial aid office of an in- employee who is employed in the financial ‘‘(i) how the applicable interest rate is de- stitution of higher education, or who other- aid office of the institution, or who other- termined, including whether the rate is wise has responsibilities with respect to stu- wise has responsibilities with respect to stu- based on the credit score of the borrower; dent loans or other financial aid of the insti- dent loans or other financial aid of the insti- ‘‘(ii) the types of repayment plans that are tution; tution, shall be prohibited from entering available; ‘‘(D) compensated an employee who is em- into any type of consulting arrangement or ‘‘(iii) whether, and under what conditions, ployed in the financial aid office of an insti- other contract to provide services to a lend- early repayment may be made without pen- tution of higher education, or who otherwise er. alty; has responsibilities with respect to student ‘‘(iv) ADVISORY BOARD COMPENSATION.—Any ‘‘(iv) when and how often the loan would be loans or other financial aid of the institu- employee who is employed in the financial recapitalized; tion, and who is serving on an advisory aid office of the institution, or who other- ‘‘(v) all fees, deferments, or forbearance; board, commission, or group established by a wise has responsibilities with respect to stu- ‘‘(vi) all available repayment benefits, and lender or group of lenders for providing such dent loans or other financial aid of the insti- the percentage of all borrowers who qualify service, except that the eligible lender may tution, and who serves on an advisory board, for such benefits; reimburse such employee for reasonable ex- commission, or group established by a lender ‘‘(vii) the collection practices in the case penses incurred in providing such service; or group of lenders shall be prohibited from of default; ‘‘(E) performed for an institution of higher receiving anything of value as compensation ‘‘(viii) the late payment penalties and asso- education, without compensation from the from the lender or group of lenders for serv- ciated fees; and institution, any function that the institu- ing on such advisory board, commission, or ‘‘(ix) whether the amount of all loans tion of higher education is required to carry group, except that the employee may be re- issued by the lender to the borrower exceeds out under part B, D, or G (except for general imbursed for reasonable expenses incurred in the student’s cost of attendance; and debt counseling, such as the exit counseling providing such service. ‘‘(E) such other information as the Sec- described in section 485(b)); ‘‘(v) LENDER INFORMATION REQUIREMENTS.— retary may require.’’. ‘‘(F) paid, on behalf of an institution of The institution— higher education, another person to perform ‘‘(I) will not designate any lender as a pre- SEC. 4. REVIEW OF PRIVATE EDUCATIONAL LOAN any function that the institution of higher ferred lender for loans under this title or pri- MARKET. education is required to perform under part vate educational loans; Section 495 of the Higher Education Act of B, D, or G (except for general debt coun- ‘‘(II) may invite a lender of such loans to 1965 (20 U.S.C. 1099a) is amended by adding at seling, such as the exit counseling described submit to the institution a standard elec- the end the following: in section 485(b)); tronic template that specifies the rates, ‘‘(c) REVIEW OF PRIVATE EDUCATION LOAN ‘‘(G) provided payments or other benefits services, discounts, and terms and conditions MARKETS.—The Secretary and the Secretary to a student at an institution of higher edu- of the loans, and the lender’s contact infor- of the Treasury shall conduct an evaluation cation to act as the lender’s representative mation; of markets for educational loans to— to secure applications under this title from ‘‘(III) upon request of a lender interested in ‘‘(1) evaluate any variations in avail- individual prospective borrowers, unless such offering loans under this title or private edu- ability, terms, and conditions of educational student— cational loans to students at the institution, loans provided to students who qualify for a ‘‘(i) is also employed by the lender for will provide the lender with the ability to simplified needs test under section 479 or any other purposes; and submit the standard electronic template de- income-contingent simplified version of the ‘‘(ii) made all appropriate disclosures re- scribed in subclause (II) to the institution; Free Application for Federal Student Aid; garding such employment;’’. ‘‘(IV) will make all submitted standard ‘‘(2) identify possible discriminatory lend- SEC. 6. CERTIFICATIONS; CODE OF CONDUCT RE- electronic templates available to current ing patterns affecting students described in GARDING STUDENT LOANS. and prospective students of the institution, paragraph (1); and Section 487 of the Higher Education Act of and the parents of such students; ‘‘(3) report, not later than 1 year after the 1965 (20 U.S.C. 1094) is amended— ‘‘(V) if such student, or a parent of such date of enactment of the Student Loan Ac- (1) in subsection (a)— student, requests information on the lenders countability and Disclosure Reform Act to (A) by striking paragraph (6) and inserting that have submitted standard electronic the Committee on Health, Education, Labor, the following: templates to the institution, will provide the and Pensions and the Committee on Bank- ‘‘(6) The institution will not provide any student or parent with a guide that— ing, Housing, and Urban Affairs of the Sen- student with any statement or certification ‘‘(aa) enables students and parents to do ate, and the Committee on Education and to a lender that qualifies the student for a their own evaluation of the loan products, Labor and the Committee on Financial Serv- loan or loans in excess of the amount that benefits, and services offered by such lend- ices of the House of Representatives, on find- student is eligible to borrow in accordance ers; and ings and recommendations for the need to af- with sections 425(a), 428(a)(2), and subpara- ‘‘(bb) includes the disclosures required ford protections from predatory lending graphs (A) and (B) of section 428(b)(1) un- under clause (vi). practices to such students.’’. less— ‘‘(vi) DISCLOSURES.—An institution re- SEC. 5. DISQUALIFICATION OF ELIGIBLE LEND- ‘‘(A) the loan in question is a private edu- quired to make the disclosures under this ER. cational loan as defined under section 151(a); clause will— Section 435(d)(5) of the Higher Education and ‘‘(I) disclose the criteria and process used Act of 1965 (20 U.S.C. 1085(d)(5)) is amended— ‘‘(B) the student does not qualify for the to develop the guide described in clause (1) by redesignating subparagraphs (C) and simplified needs test under section 479 or any (v)(V) regarding the products offered by each (D) as subparagraphs (H) and (I), respec- income-contingent simplified version of the lender that submitted a standard electronic tively; and Free Application for Federal Student Aid.’’; template, as described in clause (v)(II); (2) by striking subparagraphs (A) and (B) (B) by redesignating paragraphs (21), (22), ‘‘(II) disclose which lenders listed in the and inserting the following: and (23) as (22), (23), and (24), respectively; guide have an agreement in place to sell the ‘‘(A) offered, directly or indirectly, points, and loans of the lender to another lender; and premiums, payments (including payments (C) by inserting after paragraph (20) the ‘‘(III) provide a notice to the student that for referrals and for processing or finder following: the student has the right to select a lender fees), prizes, stock or other securities, travel, ‘‘(21)(A) The institution will establish, fol- of the student’s choosing, regardless of any entertainment expenses, tuition repayment, low, and enforce a code of conduct regarding information regarding the lender in the in- the provision of information technology student loans that includes not less than the stitution’s guide under clause (v) or whether equipment at below-market value, additional following: the lender submitted a standard electronic financial aid funds, or other inducements to ‘‘(i) REVENUE SHARING PROHIBITION.—The template to the institution. any institution of higher education or any institution is prohibited from receiving any- ‘‘(vii) LENDER SERVICES TO INSTITUTIONS OF employee of an institution of higher edu- thing of value from any lender in exchange HIGHER EDUCATION.— cation in order to secure applicants for loans for any advantage sought by the lender. ‘‘(I) Any agent, employee, or independent under this part; ‘‘(ii) GIFT AND TRIP PROHIBITION.—Any em- contractor of a lender who is performing any ‘‘(B) conducted unsolicited mailings, by ployee who is employed in the financial aid service for the institution shall disclose the postal or electronic means, of student loan office of the institution, or who otherwise individual’s relationship with the lender to

VerDate Aug 31 2005 02:38 May 03, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.046 S02MYPT1 ccoleman on PRODPC74 with SENATE S5502 CONGRESSIONAL RECORD — SENATE May 2, 2007 any students and parents for whom the indi- this Act, sell or otherwise dispose of such VMLI policies. Therefore, subsidy costs vidual provides such service. loans if all profits from the divestiture are associated with my legislation are ‘‘(II) Any agreement for the performance of used for need-based grant programs at the minimal, less than $500,000 over 10 a service by a lender for the institution shall institution.’’. comply with all applicable State and institu- years. tion ethics laws and codes of ethics. By Mr. CRAIG: This Congress increasingly is recog- ‘‘(viii) INTERACTION WITH BORROWERS.—The S. 1265. A bill to amend title 38, nizing that the benefits provided to our institution will not— United States Code, to expand eligi- wounded servicemembers need to flow ‘‘(I) for any first-time borrower, assign, bility for veterans’ mortgage life insur- immediately, and that outmoded dis- through award packaging or other methods, ance to include members of the Armed tinctions between ‘‘veteran’’ and ‘‘ac- the borrower’s loan to a particular lender; Forced receiving specially adapted tive duty servicemember’’ mean little and when it comes to honoring our commit- ‘‘(II) refuse to certify, or, delay certifi- housing assistance from the Depart- cation of, any loan in accordance with para- ment of Veterans Affairs; to the Com- ment to them. My legislation con- graph (6) based on the borrower’s selection of mittee on Veterans’ Affairs. tinues what I believe is an encouraging a particular lender or guaranty agency. Mr. CRAIG. Mr. President, I have trend that looks at the career of a mili- ‘‘(B) The institution will designate an indi- sought recognition to comment on leg- tary man or woman as a continuum. It vidual who shall be responsible for signing islation I am introducing that will con- is a continuum that begins the day an annual attestation on behalf of the insti- tinue a positive trend in the provision they enlist and it ends the day they tution that the institution agrees to, and is of benefits to severely injured die. Our Government’s benefits should in compliance with, the requirements of the reflect that reality. code of conduct described in this paragraph. servicemembers and their families by Such individual shall be the chief executive making assistance available when it is Mr. President, I ask unanimous con- officer, chief operating officer, chief finan- needed most. My bill would give active sent that the text of the bill be printed cial officer, or comparable official, of the in- duty servicemembers who utilize VA’s in the RECORD. stitution, and shall annually submit the specially adapted housing grant assist- There being no objection, the text of signed attestation to the Secretary. ance with the ability to also purchase the bill was ordered to be printed in ‘‘(C) The institution will make the code of Veterans’ Mortgage Life Insurance, or the RECORD, as follows: conduct widely available to the institution’s VMLI, through VA. Under current law, S. 1265 faculty members, students, and parents Be it enacted by the Senate and House of Rep- through a variety of means, including the in- the receipt of specially adapted hous- resentatives of the United States of America in stitution’s website.’’; ing grants is the gateway to VMLI eli- Congress assembled, (2) by redesignating subsections (d) and (e) gibility. And only those separated from as subsections (e) and (f), respectively; and service and legally classified as ‘‘vet- SECTION 1. EXPANSION OF ELIGIBILITY FOR VET- ERANS’ MORTGAGE LIFE INSURANCE (3) by inserting after subsection (c) the fol- erans’’ are able to purchase coverage TO INCLUDE MEMBERS OF THE lowing: through VMLI. ARMED FORCES RECEIVING SPE- ‘‘(d) VIOLATION OF CODE OF CONDUCT RE- Servicemembers and veterans who CIALLY ADAPTED HOUSING ASSIST- GARDING STUDENT LOANS.— are blind, have lost the use of both ANCE FROM THE DEPARTMENT OF ‘‘(1) IN GENERAL.—Upon a finding by the VETERANS AFFAIRS. Secretary, after reasonable notice and an op- their legs, and who have other severely Section 2106 of title 38, United States Code, portunity for a hearing, that an institution disabling conditions are eligible to re- is amended— of higher education that has entered into a ceive up to $50,000 in grants from VA to (1) by striking ‘‘veteran’’ each place it ap- program participation agreement with the assist with needed housing adapta- pears and inserting ‘‘veteran or member of Secretary under subsection (a) willfully con- tions, such as the widening of door- the Armed Forces’’; travened the institution’s attestation of ways, the construction of wheelchair (2) in subsection (a), by striking ‘‘veterans’ compliance with the provisions of subsection ramps, and the installment of hand- election’’ and inserting ‘‘election of the vet- (a)(21), the Secretary may impose a penalty rails. Notwithstanding this grant as- eran or member of the Armed Forces’’; described in paragraph (2). (3) in subsection (f), by inserting ‘‘, mem- ‘‘(2) PENALTIES.—A violation of paragraph sistance, servicemembers and veterans bers of the Armed Forces,’’ after ‘‘veterans’’; (1) shall result in the limitation, suspension, must still pay any underlying mort- and or termination of the eligibility of the insti- gage that exists on the modified home. (4) in subsection (i)— tution for the loan programs under this To ensure that survivors are not sad- (A) in paragraph (1), by striking ‘‘veteran’s title.’’. dled with mortgage debt they cannot indebtedness’’ and inserting ‘‘indebtedness of SEC. 7. TERMINATION OF SCHOOL-AS-LENDER afford following the death of a severely the veteran or member of the Armed PROGRAM. disabled veteran, VA’s VMLI program Forces’’; and Section 435(d) of the Higher Education Act is available. Under VMLI, up to $90,000 (B) in paragraph (2), by striking ‘‘veteran’s of 1965 (20 U.S.C. 1085(d)) (as amended by sec- ownership’’ and inserting ‘‘ownership of the tion 5) is further amended— of coverage, or coverage in the amount veteran or member of the Armed Forces’’. (1) in paragraph (1)(E), by inserting ‘‘sub- of any outstanding mortgage debt, ject to paragraph (8),’’ before ‘‘an eligible in- whichever is less, is available. Veterans By Mr. CRAIG: stitution’’; and pay premiums at standard mortality S. 1266. A bill to amend title 38, (2) by adding at the end the following: rates and VA contributes subsidy pay- United States Code, to increase assist- ‘‘(8) SUNSET OF AUTHORITY FOR SCHOOL AS ments so that all program expenses are ance for veterans interred in ceme- LENDER PROGRAM.— met. teries other than national cemeteries, ‘‘(A) SUNSET.—The authority provided under subsection (d)(1)(E) for an institution Until recently, grants under the spe- and for other purposes; to the Com- to serve as an eligible lender, and under cially adapted housing program could mittee on Veterans’ Affairs. paragraph (7) for an eligible lender to serve only be made to individuals who had Mr. CRAIG. Mr. President, I have as a trustee for an institution of higher edu- separated from military service. In rec- sought recognition to comment on leg- cation or an organization affiliated with an ognition of what can be an extremely islation I am introducing that will im- institution of higher education, shall expire lengthy recovery and separation proc- prove the availability of dignified bur- on June 30, 2008. ess for those with profoundly disabling ials for those who have served our ‘‘(B) APPLICATION TO EXISTING INSTITU- conditions, in 2004 we in Congress al- country. The Veterans’ Dignified Bur- TIONAL LENDERS.—An institution that was an eligible lender under this subsection, or an lowed housing grants to be made to ac- ial Assistance Act of 2007 would make eligible lender that served as a trustee for an tive duty servicemembers. However, we three improvements to programs de- institution of higher education or an organi- did not extend the same access to VA’s signed to ensure that veterans are per- zation affiliated with an institution of high- VMLI program for those still on active petually honored for their service. Let er education under paragraph (7), before duty, an oversight that my legislation me start by describing the first im- June 30, 2008, shall— would remedy. provement which had its genesis, I am ‘‘(i) not issue any new loans in such a ca- VA estimates that roughly 30 proud to say, in my home State of pacity under part B after June 30, 2008; and servicemembers per year will receive Idaho. ‘‘(ii) shall continue to carry out the insti- specially adapted housing grants, thus We have in Idaho a State veterans’ tution’s responsibilities for any loans issued by the institution under part B on or before giving rise to VMLI eligibility should cemetery located in Boise. The ceme- June 30, 2008, except that, beginning on June my bill be enacted. Because it is op- tery was established with the help of 30, 2010, the eligible institution or trustee tional, VA expects only 15 VA’s State Cemetery Grants Program, may, notwithstanding any other provision of servicemembers per year to purchase a program which pays for 100 percent of

VerDate Aug 31 2005 02:38 May 03, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.046 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5503 the costs of establishing, expanding, are eligible to receive the $300 plot al- scattered veterans’ populations. VA’s and improving state cemeteries. Over lowance benefit. The plot allowance, criteria for establishing national ceme- one thousand veterans have been in- created in 1973, is designed to ensure teries makes it unlikely that veterans terred in the Idaho State Cemetery that veterans are not buried in a pau- in these States will ever have access to since it opened in 2004. I want to focus per’s grave. When the benefit was cre- a national cemetery within the borders on 91 of those veterans who were in- ated, it covered 13 percent of the aver- of their home State. Yet their service terred through a program pioneered in age cost of an adult funeral. Today, it was national in character, and the de- Idaho called ‘‘Missing in America.’’ only covers approximately 5 percent of sire for recognition of that national Through the Missing in America pro- the cost. An independent assessment of service through interment in a na- gram Idaho cemetery officials, working VA burial benefits directed by Congress tional cemetery is real, if not prac- with veterans’ organizations and oth- and published in 2000 recommended, as tical. It is my opinion that the Federal ers, have actively sought to locate the an option, increasing the plot allow- obligation to veterans residing in unclaimed cremated remains of vet- ance to $670, which at the time of the States like my own is therefore height- erans throughout the State. They con- assessment represented 13 percent of ened. And if the only way to heighten tacted funeral homes, county coroner the average cost of an adult funeral. that obligation is by requiring reim- offices, and any other place where Since that assessment was published, bursement of a greater share of the ex- those remains may have been located. the major veterans’ organizations have penses now borne by the States, so be Remarkably, they discovered the re- persistently recommended that Con- it. To my mind, this would be an equi- mains of 91 veterans. After verifying gress increase this benefit. In its most table outcome, and one that I hope VA that they had eligibility, all 91 vet- recent budget submission, the authors factors into criteria it will develop erans were given a dignified burial. of the Independent Budget rec- should my legislation be enacted. I suspect what was found in Idaho ommended that the plot allowance be Let me make one final and very im- would be found in other States. My leg- increased to $745. In 2001, Congress took portant point. The cost of my legisla- islation would incentivize other States a first step, raising the benefit from tion is in the $8 million per year range. to develop Missing in America pro- $150 to $300. My legislation would take Although I am convinced of the merits grams like Idaho’s by allowing revenue yet another, measured step. of the legislation, I am also committed from VA’s plot allowance benefit to go Finally, my legislation would author- to adhering to our budget rules which to states which seek out and inter un- ize $5 million per year under VA’s require that appropriate spending off- claimed remains. State Cemetery Grant Program for VA sets be identified before new spending Under current law, State cemeteries to assist States in meeting operational is advanced. I assure my colleagues may be reimbursed for the cost of and maintenance expenses. As I men- that should my legislation be reported interring eligible veterans. For each el- tioned, the State Cemetery Grant Pro- from the Veterans’ Affairs Committee, igible veteran interred, a $300 plot al- gram finances the cost of establishing, it will be fully offset in accordance lowance may be paid by VA. Revenue expanding, or improving State ceme- with our rules and my own principle of from the plot allowance is used to oper- teries. States must agree to provide fiscal discipline. ate and maintain the appearance of suitable land for a cemetery and they In summary, the Veterans’ Dignified State cemeteries. However, plot allow- must meet administrative, operational, Burial Assistance Act of 2007 will help ance revenue is not payable to States and maintenance costs. us along in our collective goal of pro- when veterans are interred more than 2 My purpose in introducing this as- viding veterans with lasting resting years after the permanent burial or pect of the legislation is twofold. First, places to honor their lives and service. cremation of the veteran’s body. Thus, VA is in the midst of the largest na- This is good legislation, and I urge the since each of the 91 veterans interred tional cemetery expansion since the support of my colleagues. in Idaho had been left sitting on Civil War. Guiding its cemetery expan- I ask unanimous consent that the shelves in an urn for a great deal sion effort was a prospective look at text of the bill be printed in the longer than 2 years, no plot allowance where and how many veterans will be RECORD. is payable. This doesn’t make sense. living 20 years from now. Based on that There being no objection, the text of Just as our system of benefits does not prospective analysis, national ceme- the bill was ordered to be printed in abandon or give up on veterans who are teries are being built in those areas of the RECORD, as follows: homeless or chronically ill, so too the country that have veterans’ popu- S. 1266 should our burial benefits system be lations of 170,000 or more and that are Be it enacted by the Senate and House of Rep- designed not to abandon or give up on not residing within, or expected to re- resentatives of the United States of America in veterans whose remains are unclaimed. side within, 75 miles of an open State Congress assembled, SECTION 1. SHORT TITLE. To that end, my legislation would or national cemetery. It is therefore This Act may be cited as the ‘‘Veterans’ waive the 2-year limit so that States highly likely that after this expansion Dignified Burial Assistance Act of 2007’’. could receive plot allowance revenue has concluded, no additional national SEC. 2. INCREASE IN ASSISTANCE FOR VETERANS for interment of the unclaimed re- cemeteries will be built for quite some INTERRED IN CEMETERIES OTHER mains of veterans. The extra plot al- time. Thus, in order to serve veterans’ THAN NATIONAL CEMETERIES. lowance revenue could be used to help populations in less densely populated (a) INCREASE IN PLOT OR INTERMENT ALLOW- states meet costs associated with run- areas in the future, VA and the States ANCE.—Section 2303(b) of title 38, United States Code, is amended by striking ‘‘$300’’ ning this program and other cemetery will need to rely more on the State each place it appears and inserting ‘‘$400’’. operation costs. Most importantly, my Cemetery Grant Program. Allowing re- (b) REPEAL OF TIME LIMITATION FOR STATE legislation would reward States for giv- imbursement for some maintenance or FILING FOR REIMBURSEMENT FOR INTERMENT ing veterans what is long overdue: a operational expenses will serve to COSTS.— fitting burial. make the program more attractive to (1) IN GENERAL.—The second sentence of The second way my legislation helps States, which may otherwise decline to section 3.1604(d)(2) of title 38, Code of Federal to ensure dignified burials is by in- participate in the program due to budg- Regulations, shall have no further force or creasing VA’s plot allowance benefit effect as it pertains to unclaimed remains of et constraints. In fact, the 2000 inde- a deceased veteran. from $300 to $400. As I mentioned ear- pendent assessment I spoke about ear- (2) RETROACTIVE APPLICATION.—The provi- lier, the plot allowance can be paid di- lier made the same point, recom- sion of paragraph (1) shall take effect as of rectly to a State cemetery for the in- mending Congressional consideration October 1, 2006. terment of eligible veterans. But it can of amending the grant program to (c) GRANTS FOR OPERATION AND MAINTE- also be paid to the survivors of vet- allow for reimbursement of the sort NANCE OF STATE VETERANS’ CEMETERIES.— erans who purchase burial space on contemplated in my legislation. (1) IN GENERAL.—Subsection (a) of section their own in the private market. Under My second purpose behind this provi- 2408 of such title is amended— (A) by inserting ‘‘(1)’’ before ‘‘Subject to’’; current law, veterans who die in a VA sion is a bit more parochial. There are (B) by designating the second sentence as facility, who are in receipt of disability eight States in the country without paragraph (2) and indenting the margin of compensation, or who have low in- any national cemetery, including such paragraph, as so designated, two ems comes and are in receipt of VA pension Idaho. These are States with small or from the left margin; and

VerDate Aug 31 2005 02:54 May 03, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.061 S02MYPT1 ccoleman on PRODPC74 with SENATE S5504 CONGRESSIONAL RECORD — SENATE May 2, 2007 (C) in paragraph (1), as designated by sub- and often imperfect democratic sys- of Justice guidelines also do not apply paragraph (A) of this paragraph, by striking tems. The example of press freedom we to special prosecutors or private civil ‘‘assist such State in establishing, expand- set in this country is an important bea- litigants. There is an urgent need for ing, or improving veterans’ cemeteries con to guide other nations as they Congress to state clear and concise pol- owned by such State.’’ and inserting ‘‘assist such State in the following: make the transition from autocratic icy guidance. ‘‘(A) Establishing, expanding, or improving forms of government. In response to this situation, 2 years veterans’ cemeteries owned by such State. Unfortunately, the free flow of infor- ago, I was pleased to join with my col- ‘‘(B) Operating and maintaining such mation to citizens of the United States league Congressman MIKE PENCE, and cemeteries.’’. is inhibited and our open market of in- Congressman RICK BOUCHER in the (2) LIMITATION ON AMOUNTS AWARDED.—Sub- formation is being threatened. While House of Representatives and Senator section (e) of such section is amended— gathering information on a story, a CHRIS DODD in the Senate to introduce (A) by inserting ‘‘(1)’’ before ‘‘Amounts’’; journalist is sometimes required to ac- the Free Flow of Information Act. This and cept information under a promise of (B) by adding at the end the following new legislation provides journalists with paragraph: confidentiality. Without assurance of certain rights and abilities to seek ‘‘(2) In any fiscal year, the aggregate anonymity, many conscientious citi- sources and report appropriate infor- amount of grants awarded under this section zens with evidence of wrongdoing mation without fear of intimidation or for the purposes specified in subsection would stay silent. Restricting the man- imprisonment. The bill sets national (a)(1)(B) may not exceed $5,000,000.’’. ner in which appropriate news is gath- standards which must be met before a (3) CONFORMING AMENDMENTS.—(A) Sub- ered is tantamount to restricting the Federal entity may issue a subpoena to section (b) of such section is amended— information that the public has the (i) by striking ‘‘Grants under this section’’ a member of the news media in any and inserting ‘‘Grants under this section for right to hear. Federal criminal or civil case. It sets the purposes described in subsection After a long period when there were out certain tests that civil litigants or (a)(1)(A)’’; and few clashes between the media and au- prosecutors must meet before they can (ii) by striking ‘‘a grant under this sec- thorities, a disturbing new trend has force a journalist to turn over informa- tion’’ each place it appears and inserting developed. More than 30 reporters have tion. Litigants or prosecutors must ‘‘such a grant’’. recently been served subpoenas or (B) Subsection (d) of such section is show, for instance, that they have questioned in at least four different tried, unsuccessfully, to get the infor- amended by inserting ‘‘, or in operating and Federal jurisdictions about their con- maintaining a veterans’ cemetery,’’ after mation in other ways and that the in- ‘‘veterans’ cemetery’’. fidential sources. From 1991 to Sep- formation is critical to the case. These (C) Subsection (f)(1) of such section is tember 6, 2001, the Department of Jus- standards were based on Justice De- amended by inserting ‘‘, or in operating and tice issued 88 subpoenas to the media, partment guidelines and common law maintaining veterans’ cemeteries,’’ after 17 of which sought information leading standards. ‘‘veterans’ cemeteries’’. to the identification of confidential Subsequently, additional protections (4) REGULATIONS.—Not later than 180 days sources. In fact, three journalists have have been added to this bill to ensure after the date of the enactment of this Act, been imprisoned at the request of the that information will be disclosed in the Secretary of Veterans Affairs shall pre- Department of Justice, U.S. attorneys scribe regulations to carry out the amend- cases where the information is critical under its supervision, or special pros- ments made by this subsection. to prevent death or bodily harm or in ecutors since 2000. As a result, the cases which relate to the unlawful dis- press is hobbled in performing the pub- By Mr. LUGAR (for himself, Mr. closure of trade secrets. The bill also lic service of reporting news. I fear the DODD, Mr. GRAHAM, Mr. DOMEN- permits a reporter to be compelled to end result of such actions is that many ICI, and Ms. LANDRIEU): reveal the source in certain national whistleblowers will refuse to come for- S. 1267. A bill to maintain the free security situations. Finally, the bill flow of information to the public by ward and reporters will be unable to would provide protections to ensure providing conditions for the federally provide the American people with in- that source information can be pro- compelled disclosure of information by formation they deserve. vided when personal health records and certain persons connected with the Most jurisdictions in our country financial records were disclosed in vio- news media; to the Committee on the have recognized that confidential lation of Federal law. Judiciary. sources are integral to the press’s role Mr. LUGAR. Mr. President, I am of keeping the public informed, and By providing the courts with a pleased to rise today with my col- have provided some kind of shield so framework for compelled disclosure, leagues Senators DODD, GRAHAM, that journalists can keep secret the our legislation promotes greater trans- DOMENICI, and LANDRIEU to introduce names of such sources. Every State and parency of government, maintains the the Free Flow of Information Act. the District of Columbia, excluding ability of the courts to operate effec- The free flow of information is an es- Wyoming, has, by legislation or court tively, and protects whistleblowers sential element of democracy. A free ruling, created a privilege for reporters who identify government or corporate press promotes an open marketplace of not to reveal their confidential misdeeds. information and provides public and sources. My own State of Indiana pro- It is also important to note what this private sector accountability to our vides qualified reporters appropriate legislation does not do. The legislation Nation’s electorate. By ensuring the protection from having to reveal any neither gives reporters a license to free flow of information, citizens can such information in court. break the law, nor permits reporters to work to bring about improvements in The Federal courts of appeals, how- interfere with criminal investigation our governance and in our civic life. It ever, have an inconsistent view of this efforts. State shield laws have been on is in our nation’s best interest to have matter. Some circuits allow the privi- the books for years, and I have not an independent press that is free to lege in one category of cases, while seen any evidence to support a correla- question, challenge, and investigate others have expressed skepticism about tion between reporter privilege laws issues and stories, without concern for whether any privilege exists at all. It and criminal activity or threats to political party, position or who holds does not make sense to have a Federal public safety. Furthermore, the Free power. The role of the media as a con- system of various degrees of press free- Flow of Information Act does not duit between government and the citi- dom dependent upon where you live or weaken our national security. The ex- zens it serves must not be devalued. who provides the subpoena. In fact, 34 plicit national security exception will This principle that we practice at State attorneys general have argued ensure that reporters are protected home is also one that we promote that the lack of a clear standard of while maintaining an avenue for pros- abroad. Spreading democracy abroad Federal protection undermines state ecution and disclosure when consid- has become a pillar of United States laws. ering the defense of our country. This foreign policy, and we have recognized In addition, there is ambiguity be- qualified privilege has been carefully that a free and independent press is tween official Department of Justice crafted to balance the distinct and im- both essential to building democracies rules and unofficial criteria used to se- portant roles of both the press and law and a barometer of the health of young cure media subpoenas. The Department enforcement.

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The public’s need to know commitment to press freedom, it also terial related to the BALCO steroids must be weighed against other goods, advances President Bush’s American investigation. A Rhode Island jour- and that is why the bill establishes a foreign policy initiatives to promote nalist was sentenced to home arrest on balancing test that takes into account and protect democracy. Our Nation al- similar charges. Last year alone, a ‘‘both the public interest in compelling ways leads best when it leads by exam- total of some two dozen reporters have disclosure and the public interest in ple. been subpoenaed or questioned about gathering news and maintaining the Unfortunately, the press remains confidential sources. They were all free flow of information.’’ Specifically, under siege in a number of foreign journalists prosecuted only for the of- the bill will not protect anonymity countries. For instance, Reporters fense of journalism. when disclosure of a source would pre- Without Borders points out that 125 The impact of these subpoenas on the vent imminent harm to national secu- journalists are currently in jail around broader issue of freedom of information rity, imminent death or bodily harm, the world, with more than half of these is undeniable. Last summer, for in- or the release of personal or health re- cases in China, Cuba, and Burma. This stance, the editor-in-chief of Time lated information. In other words, we is not good company for the United magazine testified before the Senate are balancing our right to know with States of America. Global public opin- Judiciary Committee. This is what he our need for security, whether physical ion is always on the lookout to adver- said about the fallout from the Justice or economic. Secrecy is as necessary in tise perceived American double stand- Department’s efforts to obtain con- extreme circumstances as it is dan- ards. fidential information from a Time re- gerous on the whole. I would like to thank my colleague, porter: ‘‘Valuable sources have insisted It is on the idea of balance that I Senator CHRIS DODD as well as MIKE that they no longer trusted the maga- would like to conclude. A prosecution, PENCE and RICK BOUCHER, in the House zine and that they would no longer co- whatever its individual merits, sac- of Representatives for their tireless operate on stories. The chilling effect rifices something higher when it turns work on this issue. I look forward to is obvious.’’ on reporters; and so those merits must continuing work with each of them to The chilling effect is obvious. Experi- be balanced against the broader harms protect the free flow of information. ence has shown us that the most effec- such a prosecution can work. If a free Mr. DODD. Mr. President, I rise to tive constraint on free speech need not press inexorably creates a free govern- join my colleague Senator LUGAR, be blatant censorship: A few cases like ment, as Jefferson suggested, then the along with Representatives BOUCHER Ms. Miller’s and the San Francisco agents of that free government, pros- and PENCE in the House of Representa- Chronicle’s, and news will begin cen- ecutors included, owe a high debt to tives, in introducing the Free Flow of soring itself. We can only speculate as journalism. When prosecutors threaten Information Act. This bill would pro- to how many editors and publishers put journalism, they have begun to renege tect journalists from being forced to the brakes on a story for fear that it on that debt. So I am proud to support reveal their confidential sources, not could land one of their reporters in a this valuable bill, a step toward rebal- as an end in itself, but as a means to a spider web of subpoenas, charges of ancing the pursuit of justice and the well-informed public. I applaud the contempt, and prison. When we mini- diffusion of truth. tireless efforts of the senior Senator mize the impact of confidential from Indiana, Mr. LUGAR, in once again sources, serious journalism is crippled. By Mr. INHOFE: bringing this important issue to the at- We will find our papers full of stories S. 1269. A bill to improve border secu- tention of Congress and indeed the na- more and more palatable to the power- rity in the United States and for other tion. ful and secretive. No one argues that purposes; to the Committee on the Ju- I hardly have to read the litany of that is the intention of those pros- diciary. grave wrongs that have been exposed ecuting these cases; but few deny that Mr. INHOFE. Mr. President, I once because journalists called the powerful it could, in time, be their effect. again today introduced S. 1269, the EN- to account. And I don’t have to remind When journalists are hauled into FORCE Act, because this body has you how many of those exposures re- court and threatened with imprison- failed to move forward with sound im- lied on confidential sources. Without ment if they don’t divulge their migration legislation. My bill is a confidential sources, would we still be sources, we are entering dangerous ter- strong step in the right direction to ignorant about abuse of power in the ritory for a democracy. The informa- help solve our growing problem of ille- Watergate era? Without confidential tion we need to remain sovereign will gal immigration. sources, would Enron still be profiting be degraded; the public’s right to know I did this already. I did this last year. from fraud? How long would torture at will be threatened; and I suggest to you We had a chance to talk about it, but Abu Ghraib have persisted, if proof that the liberties we hold dear will be we never were able to get this up to a hadn’t been provided to the press? threatened as well. vote. I do want to keep this subject The free flow of information provides That is exactly why we need a Fed- moving because people are not talking the American people its most meaning- eral reporter shield. Forty-nine States about this anymore. This bill focuses ful check on abuses such as those. and the District of Columbia have al- on securing our borders and empow- Thomas Jefferson said it best: ‘‘If I had ready recognized that need by enacting ering our citizens and law enforcement to make a choice, to choose the govern- similar protection on the state level ei- officers to fight the all-time high flood ment without the press or to have the ther through legislation or court deci- of illegal immigrants. There are press but without the government, I sions; the Free Flow of Information around a million illegal aliens infil- will select the latter without hesi- Act simply extends that widely recog- trating our borders each year. It also tation.’’ Jefferson clearly understood nized protection to the Federal courts. addresses some of the lesser known but that a free Government cannot pos- The new version of this bill expands equally destructive exploitations of our sibly last without a free press. coverage in two significant ways. First, Nation by some of these illegal immi- But today, we find this cornerstone it will not only protect the information grants. of self-government facing a new threat. journalists obtain under the promise of I wish to be clear, for some reason— This threat has not come from the dic- confidentiality; it will also cover the I am not sure why—- I have been hon- tates of a dangerous government, but ‘‘work product’’ of journalists as well, ored over the years to speak at nation- from the best of intentions. In a spate whether or not it was subject to that alization ceremonies. It is one of the of recent cases, prosecutors have used promise. And second, it no longer lim- emotional things a person can go subpoenas, fines, and jail time to com- its protection to mainstream reporters; through. When you see people coming pel journalists to reveal their anony- the new version also shields any person into this country and doing it the way

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Day-labor In 1997, the U.S. Commission on Im- Unfortunately, by providing citizenship centers are State-designated and fund- migration Reform stated that ‘‘meas- to these ‘‘anchor babies,’’ as they are ed sites where illegal aliens congregate ured, legal immigration has led to cre- known, our Nation rewards the illegal and wait for employers to pick them up ate one of the world’s greatest multi- entry of their parents and facilities the for a day of illegal work. ethnic nations.’’ I agree with that further exploitation of our borders and One such site was approved in 2005 in statement. I also agree with their national resources. Fairfax County, VA, to be paid for by statement that when immigrants be- This trend has contributed to the taxpayer dollars. Sanctuary cities such come ‘‘Americanized,’’ they help cul- alarming fact that the illegal immi- as these enable and encourage unlawful tivate a shared commitment to ‘‘lib- grant population is growing faster than activity by both illegal aliens and the erty, democracy, and equal oppor- the birthrate of American citizens. Ac- employers who hire them. The EN- tunity’’ in our Nation. That is legal cording to the Center for Immigration FORCE Act will outlaw the creation of immigration. I agree with that. Studies, based on numbers from the those particular centers. However, I am quoting now from Roy National Center of Health Statistics, in Illegal immigrants continue to cause Beck, executive director of Numbers 2002, there were about 8.4 million ille- a myriad of problems for our country USA. He stated: gal aliens, which represented about 3.3 and for law-abiding citizens such as A presence of 8 to 11 million illegal aliens— percent of the total U.S. population. you and me. Illegal immigrants not I think the figure is now approxi- That same year, there were about only drain our economy through their mately 12 million— 383,000 babies born to illegal aliens, exploitation of public services and re- in this country is a sign that this country which represents about 9.5 percent of sources, but we must not forget the na- has lost control of its borders and the ability all U.S. births in 2002. tional security threat posed by would- to determine who is a member of this na- This problem continues to grow expo- be terrorists who have entered our tional community. And a country that has nentially and serves as a strong incen- country illegally or remain here unlaw- lost that ability increasingly loses its ability tive for more aliens to illegally cross to determine the rules of its society—envi- fully by overstaying their visas. ronmental protections, labor protection, into our country in hopes of The Center for Immigration Study health protections, safety protections. shortcutting citizenship requirements. says: Further quoting: Language included in the ENFORCE Even though illegal aliens make little use In fact, a country that cannot keep illegal Act will put an end to this much ex- of welfare, from which they are generally immigration to a low level quickly ceases to ploited practice. barred, the costs of illegal immigration in be a real country, or a real community. Another ‘‘supposed’’ obligation we terms of government expenditures for edu- Rather than being self-governed, such a face is the education of illegal aliens. cation, criminal justice, and emergency med- country begins to have its destiny largely Some States, such as my State of Okla- ical care are significant. Illegal immigration determined by citizens of other countries homa, allow the illegal aliens the ad- is straining our economy, jeopardizing our who manage to move in illegally. vantage of receiving in-State tuition at security, and burdening our education and With that being said, I cannot and I our State colleges and universities. I health care systems. will not stand idly by and watch our believe it is inexcusable to give away So this ENFORCE Act will provide great Nation collapse under the pres- State-subsidized educations to those solid tools to eliminate illegal immi- sures of uncontrolled illegal immigra- who do not pay taxes. This act will ad- gration and strongly enforce the exist- tion. This is a crisis, one that must be dress this problem by making it unlaw- ing U.S. immigration laws. The seri- addressed aggressively. While I would ful for illegal aliens to receive this par- ousness of this crisis warrants that not belabor the point, I will chronicle ticular handout. Americans of all political stripes come some of illegal immigration’s specific The ENFORCE Act includes several together to address this problem. threats to our Nation’s vitality and provisions to halt illegal immigrants’ One thing that is not included in this how this bill will address them. continued exploitation of our tax laws legislation that I think should be in- First and foremost, the issue of bor- and our Social Security benefits. One cluded in any kind of reform—and some der security must be addressed. My bill of the greatest problems in this area is of my colleagues can remember I had would help ramp up border security by illegal immigrants’ abuse of the indi- on the floor of the Senate the legisla- providing a way for civilians and re- vidual tax identification number. That tion making English the official lan- tired law enforcement officers to assist is the ITIN program. guage of the United States—and it is the Border Patrol in stopping illegal Currently, it so closely resembles the interesting that some 88 percent of the border crossings. Keep in mind, if you Social Security number that many ille- American people want this, and some are a retired Federal law enforcement gal immigrants are able to use it in 70 percent of the Hispanic population officer, they have a mandatory retire- place of a Social Security card to by- want this also. It is also interesting ment age of 57. There are many of pass our tax laws or receive wrongly that there are 50 countries around the these who would work for expenses. awarded benefits. The ENFORCE Act world that have English as their offi- What we are advocating is a three- will require a change in the physical cial language, including Ghana in West tiered system where you have the Bor- appearance of this particular document Africa and some other countries, and der Patrol who are skilled the way so its identity can no longer be mis- yet we do not have it for ourselves. But they are today but have them fortified taken for that of a Social Security that is going to be handled separately by this army of retired law enforce- number, and it will also prohibit that at a different time. ment officers and then bring in the document from being used for identi- History shows us that declaring ‘‘im- third tier which are those which we fication purposes. migration bankruptcy’’ does not work. have watched in the past that have Additionally, my bill will require So- We saw that in the amnesty of 1986. been very effective in adding to the cial Security numbers to expire as soon Simply granting citizenship to immi- numbers on the border. as a person’s permission to be in the grants who are currently in our coun- It is already working. It is very simi- United States expires. So it would ex- try illegally is not the answer. We have lar to the National Border Neighbor- pire at the same time that permission to enhance our border security, hold hood Watch. I know in my State of expires. those accountable who encourage ille- Oklahoma it has been a very effective It will prohibit illegal immigrants gal immigration, and ensure that those program. It is more eyes to watch and who gain legal status from collecting who violate our laws by entering our more talent to arrest, when necessary. Social Security benefits for the time country illegally do not remain here A more obscure issue that also war- they worked illegally in the country. and are not easily welcomed back.

VerDate Aug 31 2005 04:22 May 03, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.077 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5507 So I am introducing that legislation, the mandatory retirement age. They Prevention and Reconciliation Act, but and I am going to be bringing it up at are unable to go back to their former expires at the end of 2008. The con- the appropriate time. jobs. My legislation ensures that pilots trolled-foreign corporation (CFC) look- are able to obtain the maximum PBGC through provision allows U.S.-based By Mr. AKAKA (for himself, Mr. benefit without being unfairly penal- multinational companies to better KENNEDY, Mr. INOUYE, Mr. ized for having to retire at 60. We must compete with foreign companies by en- OBAMA, Mr. DURBIN, Mr. HAR- pass this bill to provide some relief for abling them to be more flexible in their KIN, Mr. SALAZAR, and Mr. United Airlines, Aloha Airlines, US overseas operations. In this age of glob- ISAKSON): Airways, Delta, TWA, and other pilots al competition, I hope my colleagues S. 1270. A bill to amend title IV of the who have had their pensions termi- will agree that the United States needs Employee Retirement Income Security nated and taken over by the PBGC and to maintain a business climate that en- Act of 1974 to require the Pension Ben- suffer from this wrongly imposed pen- courages U.S.-based companies to grow efit Guaranty Corporation, in the case alty. and succeed. The CFC look-through of airline pilots who are required by In the previous Congress, this legisla- provision is an important part of that regulation to retire at age 60, to com- tion was included in the Senate-passed effort. pute the actuarial value of monthly version of the Pension Security and For several years now, I have been benefits in the form of a life annuity Transparency Act of 2005. However, encouraging my colleagues to recog- commencing at age 60; to the Com- this provision was not included in the nize that our tax system puts many of mittee on Health, Education, Labor, conference report. I urge my colleagues our best U.S. employers at a competi- and Pensions. to support this bill so that we can fi- tive disadvantage as compared to for- Mr. AKAKA. Mr. President, today I nally provide some relief for our pilots eign-based companies. Many foreign am introducing the Pension Benefit who already have suffered financially countries only impose tax on income Guaranty Corporation Pilots Equitable due to the termination of their pension earned within their borders; the United Treatment Act to ensure fair treat- plans. States taxes U.S. companies on their ment of commercial airline pilot retir- Mr. President, I ask unanimous con- worldwide income. ees. I thank my cosponsors, Senators sent that the text of the bill be printed The general rule is that income from KENNEDY, INOUYE, OBAMA, DURBIN, in the RECORD. a foreign subsidiary is not taxed by the HARKIN, and SALAZAR. I also thank There being no objection, the text of United States until those earnings are Representative GEORGE MILLER for in- the bill was ordered to be printed in brought back to the U.S. parent, usu- troducing the companion legislation in the RECORD, as follows: ally in the form of a dividend. Subpart the other body. S. 1270 F of the Internal Revenue Code sets My bill corrects an injustice imposed Be it enacted by the Senate and House of Rep- forth a number of exceptions to this on pilots whose pensions have been ter- resentatives of the United States of America in general rule, imposing current U.S. minated and handed over to the Pen- Congress assembled, tax, instead of allowing deferral of tax- sion Benefit Guaranty Corporation, SECTION 1. SHORT TITLE. ation, on subsidiary earnings generally PBGC. This bill will lower the age re- This Act may be cited as the ‘‘Pension when that income is passive in nature. quirement to receive the maximum Benefit Guaranty Corporation Pilots Equi- One exception to the general deferral pension benefits allowed by the PBGC table Treatment Act’’. rule imposes tax on the U.S. parent to age 60 for pilots, who are mandated SEC. 2. AGE REQUIREMENT FOR AIRLINE PILOTS. when a foreign-based subsidiary re- by the Federal Aviation Administra- (a) SINGLE-EMPLOYER PLAN BENEFITS ceives dividends, interest, rents or roy- tion, FAA, to retire before age 65. With GUARANTEED.—Section 4022(b)(3) of the Em- ployee Retirement Income Security Act of alties from another subsidiary that is the airline industry experiencing se- 1974 (29 U.S.C. 1322(b)(3)) is amended by in- located in a different country. If the vere financial distress, we need to serting at the end the following: ‘‘If, at the two subsidiaries are in the same coun- enact this legislation to assist pilots time of termination of a plan under this try, however, U.S. tax is generally de- whose companies have been or will be title, regulations prescribed by the Federal ferred until the income is repatriated unable to continue their defined ben- Aviation Administration require an indi- to the U.S. parent. efit pension plans. This bill will require vidual to separate from service as a commer- In 2005, I introduced legislation to ex- the PBGC to take into account the fact cial airline pilot after attaining any age be- tend this ‘‘same-country’’ treatment, that the pilots are required to retire at fore age 65, this paragraph shall be applied to the CFC look-through provision, to an individual who is a participant in the plan the age of 60 when calculating their by reason of such service by substituting payments between related foreign sub- benefits. such age for age 65.’’. sidiaries that are located in different The FAA requires commercial avia- (b) AGGREGATE LIMIT ON BENEFITS GUARAN- countries, and I was pleased that the tion pilots to retire when they reach TEED; CRITERIA APPLICABLE.—Section 2006 tax reconciliation bill included the age of 60. Pilots are therefore de- 4022B(a) of the Employee Retirement Income this provision. Today, I am introducing nied the maximum pension benefit ad- Security Act of 1974 (29 U.S.C. 1322b(a)) is legislation to make the CFC look- ministered by the PBGC because they amended by adding at the end the following: through permanent. ‘‘If, at the time of termination of a plan Today’s global economy is signifi- are required to retire before the age of under this title, regulations prescribed by 65. Herein lies the problem. If pilots the Federal Aviation Administration require cantly different from the environment want to work beyond the age of 60, an individual to separate from service as a that existed when the subpart F rules they have to request a waiver from the commercial airline pilot after attaining any were first introduced in 1962. As the FAA. It is my understanding that the age before age 65, this subsection shall be ap- global economy has changed, the tradi- FAA has only granted these waivers for plied to an individual who is a participant in tional model for operating a global pilots working for foreign airlines that the plan by reason of such service by sub- business has changed as well. In to- fly to and from the United States. stituting such age for age 65.’’. day’s world, it makes no sense to im- Therefore, retired pilots whose pen- SEC. 3. EFFECTIVE DATE. pose a tax penalty when a company The amendments made by this Act shall wants to fund the operations of a sub- sions are administered by the PBGC do apply to benefits payable on or after the date not receive the maximum pension of enactment of this Act. sidiary in one country from the active guarantee because they are forced to business earnings of a subsidiary in an- retire at age 60. By Mr. KYL: other country. For example, to operate For plans terminated in 2005, the S. 1273. A bill to amend the Internal efficiently, a U.S.-based manufacturer maximum benefit for someone that re- Revenue Code of 1986 to allow perma- could establish specialized manufac- tires at 65 is $45,614 a year. For those nent look-through treatment of pay- turing sites, distribution hubs, and who retire at 60, the maximum is ments between related foreign corpora- service centers. As a result, multiple $29,649. This significant reduction in tions; to the Committee on Finance. related-party entities may be required benefits puts pilots in a difficult posi- Mr. KYL. Mr. President, today I am to fulfill a specific customer order. Be- tion. Their pensions have been reduced introducing legislation to make perma- fore the CFC look-through was enacted significantly and they are prohibited nent a provision of our tax that was en- last year, U.S. tax law inappropriately from reentering their profession due to acted in 2006 as part of the Increase increased the cost for these foreign

VerDate Aug 31 2005 02:54 May 03, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G02MY6.078 S02MYPT1 ccoleman on PRODPC74 with SENATE S5508 CONGRESSIONAL RECORD — SENATE May 2, 2007 subsidiaries to serve their customers in There being no objection, the text of ‘‘(i) the gravity of the violation; a very competitive business environ- the bill was ordered to be printed in ‘‘(ii) the degree of culpability of the per- ment by imposing current tax on these the RECORD, as follows: son; ‘‘(iii) the size and type of the business of related-party payments, even though S. 1274 the person; and the income continues to be used in ac- Be it enacted by the Senate and House of Rep- ‘‘(iv) any history of prior offenses by the tive operations in the foreign market. resentatives of the United States of America in person under this Act. In another example, financial institu- Congress assembled, ‘‘(C) REVIEW OF ORDER.—The order may be tions have established foreign subsidi- SECTION 1. SHORT TITLE. reviewed only in accordance with subsection aries with headquarters in a financial This Act may be cited as the ‘‘Human and (d). center, such as London, and branches Pet Food Safety Act of 2007’’. ‘‘(3) EXCEPTION.—No person shall be subject SEC. 2. FOOD SAFETY FOR HUMANS AND PETS. to the penalties of this subsection— in multiple countries in the same geo- ‘‘(A) for having received, proffered, or de- graphic region. This permits an effi- (a) ADVERSE EVENTS; INSPECTIONS; RE- CALL.—Chapter IV of the Federal Food, Drug, livered in interstate commerce any food, if cient ‘‘hub and spoke’’ form of regional and Cosmetic Act (21 U.S.C. 341 et seq.) is the receipt, proffer, or delivery was made in operation; however, this efficient busi- amended by adding at the end the following: good faith, unless that person refuses to fur- nish (on request of an officer or employee ness model made it difficult for the ‘‘SEC. 417. NOTIFICATION AND RECALL. designated by the Secretary)— same-country exception to be met for ‘‘(a) NOTICE TO SECRETARY OF VIOLATION.— ‘‘(i) the name, address and contact infor- payments of dividends and interest. ‘‘(1) IN GENERAL.—A person that has reason mation of the person from whom that person Before the CFC look-through was en- to believe that any food introduced into or in purchased or received the food; acted, American companies were at a interstate commerce, or held for sale (wheth- ‘‘(ii) copies of all documents relating to real and significant competitive dis- er or not the first sale) after shipment in the person from whom that person purchased interstate commerce, may be in violation of advantage as compared to foreign- or received the food; and this Act shall immediately notify the Sec- ‘‘(iii) copies of all documents pertaining to based companies. U.S.-based multi- retary of the identity and location of the nationals were penalized for responding the delivery of the food to that person; or food. ‘‘(B) if that person establishes a guaranty to market or investment opportunities ‘‘(2) MANNER OF NOTIFICATION.—Notifica- signed by, and containing the name and ad- by redeploying active foreign earnings tion under paragraph (1) shall be made in dress of, the person from whom that person among foreign businesses conducted such manner and by such means as the Sec- received in good faith the food, stating that through multiple subsidiaries. To re- retary may require by regulation. the food is not adulterated or misbranded move this impediment, Congress ‘‘(b) RECALL AND CONSUMER NOTIFICATION; within the meaning of this Act. VOLUNTARY ACTIONS.—If the Secretary deter- ‘‘(d) JUDICIAL REVIEW.— amended subpart F to provide a general mines that food is in violation of this Act exception for inter-affiliate payments ‘‘(1) IN GENERAL.—An order assessing a when introduced into or while in interstate civil penalty under subsection (c) shall be a of dividends, interest, rents or royal- commerce or while held for sale (whether or final order unless the person— ties that are generated from an active not the first sale) after shipment in inter- ‘‘(A) not later than 30 days after the effec- business. state commerce and that there is a reason- tive date of the order, files a petition for ju- Congress was right to apply look- able probability that the food, if consumed, dicial review of the order in the United through treatment to payments of divi- would present a threat to public health, as States court of appeals for the circuit in determined by the Secretary, the Secretary which that person resides or has its principal dends, interest, rents and royalties be- shall give the appropriate persons (including tween subsidiaries. If the underlying place of business or the United States Court the manufacturers, importers, distributors, of Appeals for the District of Columbia; and earnings would not have been subject or retailers of the food) an opportunity to— ‘‘(B) simultaneously serves a copy of the to subpart F, the payments should not ‘‘(1) cease distribution of the food; petition by certified mail to the Secretary. be subpart F income. Look-through ‘‘(2) notify all persons— ‘‘(2) FILING OF RECORD.—Not later than 45 treatment for payments of dividends, ‘‘(A) processing, distributing, or otherwise days after the service of a copy of the peti- interest, rents and royalties should be handling the food to immediately cease such tion under paragraph (1)(B), the Secretary permitted as long as the payments are activities with respect to the food; or shall file in the court a certified copy of the ‘‘(B) to which the food has been distrib- administrative record upon which the order made out of active business, non-sub- uted, transported, or sold, to immediately part F, income. Look-through prin- was issued. cease distribution of the food; ‘‘(3) STANDARD OF REVIEW.—The findings of ciples are already well developed for ‘‘(3) recall the food; the Secretary relating to the order shall be other purposes of the Internal Revenue ‘‘(4) in conjunction with the Secretary, set aside only if found to be unsupported by Code. For example, a look-through ap- provide notice of the finding of the Sec- substantial evidence on the record as a proach to the characterization of for- retary— whole. eign income is used for purposes of cal- ‘‘(A) to consumers to whom the food was, ‘‘(e) COLLECTION ACTIONS FOR FAILURE TO culating foreign tax credits. A con- or may have been, distributed; and PAY.— ‘‘(B) to State and local public health offi- sistent application of look-through ‘‘(1) IN GENERAL.—If any person fails to pay cials; or a civil penalty assessed under subsection (c) principles simplifies the interaction be- ‘‘(5) take any combination of the measures after the order assessing the penalty has be- tween subpart F and the foreign tax described in this paragraph, as determined come a final order, or after the court of ap- credit rules. by the Secretary to be appropriate in the cir- peals described in subsection (d) has entered If we want to keep U.S.-based multi- cumstances. final judgment in favor of the Secretary, the national companies, which employ mil- ‘‘(c) CIVIL AND CRIMINAL PENALTIES.— Secretary shall refer the matter to the At- lions of workers here at home ‘‘(1) CIVIL SANCTIONS.— torney General, who shall institute in a ‘‘(A) CIVIL PENALTY.—Any person that com- headquartered in the United States, we United States district court of competent ju- mits an act that violates the notification risdiction a civil action to recover the must modernize our tax rules so that and recall standards under subsection (b) (in- amount assessed. our companies can be competitive cluding a regulation promulgated or order ‘‘(2) LIMITATION ON REVIEW.—In a civil ac- around the globe. I urge my colleagues issued under this Act) may be assessed a tion under paragraph (1), the validity and ap- to cosponsor this legislation to make civil penalty by the Secretary of not more propriateness of the order of the Secretary permanent this modest change in the than $10,000 for each such act. assessing the civil penalty shall not be sub- law that will enhance the position of ‘‘(B) SEPARATE OFFENSE.—Each act de- ject to judicial review. U.S.-based employers trying to succeed scribed in subparagraph (A) and each day ‘‘(f) PENALTIES PAID INTO ACCOUNT.—The during which that act continues shall be con- Secretary— in competitive foreign markets. sidered a separate offense. ‘‘(1) shall deposit penalties collected under ‘‘(2) OTHER REQUIREMENTS.— this section in an account in the Treasury; By Mr. DURBIN: ‘‘(A) WRITTEN ORDER.—The civil penalty and S. 1274. A bill to amend the Federal described in paragraph (1) shall be assessed ‘‘(2) may use the funds in the account, Food, Drug, and Cosmetic Act with re- by the Secretary by a written order, which without further appropriation or fiscal year spect to the safety of food for humans shall specify the amount of the penalty and limitation— and pets; to the Committee on Health, the basis for the penalty under subparagraph ‘‘(A) to carry out enforcement activities Education, Labor, and Pensions. (B) considered by the Secretary. under food safety law; or ‘‘(B) AMOUNT OF PENALTY.—Subject to ‘‘(B) to provide assistance to States to in- Mr. President, I ask unanimous con- paragraph (1)(A), the amount of the civil spect retail commercial food establishments, sent that the text of the bill be printed penalty shall be determined by the Sec- such as an establishment that holds, stores, in the RECORD. retary, after considering— or transports food or food ingredients, or

VerDate Aug 31 2005 02:54 May 03, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.062 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5509 other food or firms under the jurisdiction of ing under subsection (e), the Secretary deter- food from a foreign government or foreign State food safety programs. mines that there is a reasonable probability manufacturer, importer, distributor, or re- ‘‘(g) DISCRETION OF THE SECRETARY TO that the food that is the subject of an order tailer that seeks to import food to the PROSECUTE.—Nothing in this section, section under subsection (a), if consumed, would United States— 418, or section 419 requires the Secretary to present a threat to the public health, the ‘‘(A) if such food is linked to an outbreak report for prosecution, or for the commence- Secretary, as the Secretary determines to be of human illness; ment of an action, the violation of this Act necessary, may— ‘‘(B) following an investigation by the Sec- in a case in which the Secretary finds that ‘‘(A) amend the order to require recall of retary that finds that the food safety pro- the public interest will be adequately served the food or other appropriate action; grams and procedures of the foreign govern- by the assessment of a civil penalty under ‘‘(B) specify a timetable in which the recall ment or foreign manufacturer, importer, dis- this section. shall occur; tributor, or retailer are no longer equivalent ‘‘(h) REMEDIES NOT EXCLUSIVE.—The rem- ‘‘(C) require periodic reports to the Sec- to the food safety programs and procedures edies provided in this section may be in addi- retary describing the progress of the recall; in the United States; or tion to, and not exclusive of, other remedies and ‘‘(C) following a refusal to allow United that may be available. ‘‘(D) provide notice of the recall to con- States officials to conduct such audits and ‘‘SEC. 418. MANDATORY RECALL ACTION. sumers to whom the food was, or may have investigations as may be necessary to fulfill ‘‘(a) MANDATORY ACTIONS.—If a person re- been, distributed. the requirements under this section. ferred to in section 417(b) refuses to or does ‘‘(2) VACATION OF ORDERS.—If, after pro- ‘‘(6) RENEWAL OF CERTIFICATION.—The Sec- not adequately carry out the actions de- viding an opportunity for an informal hear- retary shall audit a foreign government and scribed in that section within the time pe- ing under subsection (e), the Secretary deter- a foreign manufacturer, importer, dis- riod and in the manner prescribed by the mines that adequate grounds do not exist to tributor, or retailer that seeks to import Secretary, the Secretary shall— continue the actions required by the order, food to the United States at least every 5 ‘‘(1) have authority to control and possess the Secretary shall vacate the order. years to ensure the continued compliance the food, including ordering the shipment of ‘‘(g) REMEDIES NOT EXCLUSIVE.—The rem- with the standards set forth in this section. edies provided in this section shall be in ad- the food from a food establishment, such as ‘‘(7) REQUIRED ROUTINE INSPECTION.—The an establishment that holds, stores, or trans- dition to, and not exclusive of, other rem- Secretary shall routinely inspect food and edies that may be available. ports food or food ingredients, to the Sec- food animals (via a physical examination) retary— ‘‘SEC. 419. FOREIGN INSPECTIONS; IMPORTS. before it enters the United States to ensure ‘‘(A) at the expense of such food establish- ‘‘(a) AUTHORITY TO INSPECT.—The Sec- that it is— ment; or retary shall have the authority to visit any ‘‘(A) safe; foreign country that imports to the United ‘‘(B) in an emergency (as determined by ‘‘(B) labeled as required for food produced States human or pet food. Such a visit shall the Secretary), at the expense of the Sec- in the United States; and be for the purpose of auditing the food safety retary; and ‘‘(C) otherwise meets requirements under or pet food programs of such foreign country ‘‘(2) by order, require, as the Secretary de- this Act. termines to be necessary, the person to im- or to conduct investigations in the event that a food or ingredient of a food is found to ‘‘(8) RECORDS INSPECTION.— mediately— ‘‘(A) IN GENERAL.—The responsible party or ‘‘(A) cease distribution of the food; and violate this Act. ‘‘(b) IMPORTS.— importer shall permit an authorized person ‘‘(B) notify all persons— ‘‘(1) IN GENERAL.—Not later than 2 years to have access to records required to be ‘‘(i) processing, distributing, or otherwise after the date of enactment of this section, maintained under this section during an in- handling the food to immediately cease such the Secretary shall establish a system under spection pursuant to section 704. activities with respect to the food; or which a foreign government or foreign manu- ‘‘(B) DEFINTIONS.—For purposes of this ‘‘(ii) if the food has been distributed, trans- facturer, importer, distributor, or retailer paragraph— ported, or sold, to immediately cease dis- that seeks to import food to the United ‘‘(i) the term ‘authorized person’ means an tribution of the food. States shall submit a request for certifi- officer or employee of the Department of ‘‘(b) NOTIFICATION TO CONSUMERS BY SEC- cation to the Secretary. Health and Human Services, who has— RETARY.—The Secretary shall, as the Sec- ‘‘(2) CERTIFICATION STANDARD.—A foreign ‘‘(I) appropriate credentials, as determined retary determines to be necessary, provide by the Secretary; and notice of the finding of the Secretary under government or foreign manufacturer, im- porter, distributor, or retailer requesting a ‘‘(II) been duly designated by the Secretary paragraph (1)— to have access to the records required under ‘‘(1) to consumers to whom the food was, or certification to import food to the United States shall demonstrate, in a manner deter- this section; and may have been, distributed; and ‘‘(ii) the term ‘responsible party’ means, ‘‘(2) to State and local public health offi- mined appropriate by the Secretary, that food produced under the supervision of a for- with respect to an article of food, any person cials. responsible for the manufacturing, proc- ‘‘(c) NONDISTRIBUTION BY NOTIFIED PER- eign government or by the foreign manufac- essing, packaging, or holding for such food SONS.—A person that processes, distributes, turer, importer, distributor, or retailer has for consumption in the United States. or otherwise handles the food, or to which met standards for food safety, inspection, la- ‘‘(9) ENFORCEMENT.—The Secretary is au- the food has been distributed, transported, or beling, and consumer protection that are at thorized to— sold, and that is notified under section least equivalent to standards applicable to ‘‘(A) deny importation of food from any 417(b)(2) or subsection (a)(2)(B) of this sec- food produced in the United States. foreign government that does not permit tion shall immediately cease distribution of ‘‘(3) CERTIFICATION APPROVAL.— United States officials to enter the foreign the food. ‘‘(A) REQUEST BY FOREIGN GOVERNMENT.— country to conduct such audits and inspec- ‘‘(d) AVAILABILITY OF RECORDS TO SEC- Prior to granting the certification request of tions as may be necessary to fulfill the re- RETARY.—Each person referred to in section a foreign government, the Secretary shall re- quirements under this section; 417 that processed, distributed, or otherwise view, audit, and certify the food safety pro- ‘‘(B) deny importation of food from any handled food shall make available to the gram of a requesting foreign government (in- foreign government or foreign manufacturer, Secretary information necessary to carry cluding all statutes, regulations, and inspec- importer, distributor, or retailer that does out this subsection, as determined by the tion authority) as at least equivalent to the not consent to an investigation by the Ad- Secretary, regarding— food safety program in the United States, as ministration when food from that foreign ‘‘(1) persons that processed, distributed, or demonstrated by the foreign government. country or foreign firm is linked to a food- otherwise handled the food; and ‘‘(B) REQUEST BY FOREIGN ESTABLISH- borne illness outbreak or is otherwise found ‘‘(2) persons to which the food has been MENT.—Prior to granting the certification to be adulterated or mislabeled; and transported, sold, distributed, or otherwise request of a foreign manufacturer, importer, ‘‘(C) promulgate rules and regulations to handled. distributor, or retailer that seeks to import ‘‘(e) INFORMAL HEARINGS ON ORDERS.— food to the United States, the Secretary carry out the purposes of this section, in- ‘‘(1) IN GENERAL.—The Secretary shall pro- shall certify, based on an onsite inspection, cluding setting terms and conditions for the vide any person subject to an order under the food safety programs and procedures of a destruction of products that fail to meet the subsection (a) with an opportunity for an in- requesting foreign firm as at least equiva- standards of this Act. formal hearing, to be held as soon as prac- lent to the food safety programs and proce- ‘‘(10) DETENTION AND SEIZURE.—Any food ticable but not later than 2 business days dures of the United States. imported for consumption in the United after the issuance of the order. ‘‘(4) LIMITATION.—A foreign government or States may be detained, seized, or con- ‘‘(2) SCOPE OF THE HEARING.—In a hearing foreign manufacturer, importer, distributor, demned pursuant to section 418.’’. under paragraph (1), the Secretary shall con- or retailer approved by the Secretary to im- SEC. 3. ENSURING EFFICIENT AND EFFECTIVE sider the actions required by the order and port food to the United States under this COMMUNICATIONS DURING A RE- any reasons why the food that is the subject section shall be certified to export only the CALL. of the order should not be recalled. approved food products to the United States The Secretary shall, during an ongoing re- ‘‘(f) POST-HEARING RECALL ORDERS.— for a period not to exceed 5 years. call of human or pet food shall— ‘‘(1) AMENDMENT OF ORDER.—If, after pro- ‘‘(5) WITHDRAWAL OF CERTIFICATION.—The (1) work with companies, relevant profes- viding an opportunity for an informal hear- Secretary may withdraw certification of any sional associations, and other organizations

VerDate Aug 31 2005 02:54 May 03, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.079 S02MYPT1 ccoleman on PRODPC74 with SENATE S5510 CONGRESSIONAL RECORD — SENATE May 2, 2007 to collect and aggregate information per- (B) imported food accounts for 13 percent zation for Security and Cooperation in Eu- taining to the recall; of the average Americans diet including 31 rope (OSCE); (2) use existing networks of communica- percent of fruits, juices, and nuts, 9.5 percent (4) expresses strong and continuing support tion including electronic forms of informa- of red meat and 78.6 percent of fish and shell- for the efforts of the Ukrainian people to es- tion dissemination to enhance the quality fish; and tablish a full democracy, the rule of law, and and speed of communication with the public; (5) the number of full time equivalent Food respect for human rights; and and Drug Administration employees con- (5) pledges its continued assistance to the (3) post information regarding recalled ducting inspections has decreased from 2003 strengthening of a free and transparent products on the Internet website of the Food to 2007. democratic system in Ukraine based on the and Drug Administration in a consolidated, (b) SENSE OF THE SENATE.—It is the sense rule of law and the continued development of searchable form that is easily accessed and of the Senate that— a free market economy in Ukraine; and understood by the public. (1) it is vital for Congress to provide the (6) reaffirms its commitment to Ukraine’s SEC. 4. ENSURING THE SAFETY OF PET FOOD. Food and Drug Administration with addi- independence, sovereignty and territorial in- (a) PROCESSING AND INGREDIENT STAND- tional resources, authorities, and direction tegrity, and assumption of Ukraine’s rightful ARDS.—Not later than 18 months after the with respect to ensuring the safety of the place as a full member of the international date of enactment of this Act, the Secretary food supply of the United States; community of democracies. of Health and Human Services (referred to in (2) additional Food and Drug Administra- f this section as the ‘‘Secretary’’), in consulta- tion inspectors are required if we are to im- tion with the Association of American Feed prove Food and Drug Administration’s abil- AMENDMENTS SUBMITTED AND Control Officials, and other relevant stake- ity to safeguard the food supply of the PROPOSED United States; and holder groups, including veterinary medical SA 1008. Mr. GRASSLEY submitted an (3) because of the increasing volume of associations, animal health organizations, amendment intended to be proposed by him international trade in food products the Sec- and pet food manufacturers, shall by regula- to the bill S. 1082, to amend the Federal retary of Health and Human Services should tion establish— Food, Drug, and Cosmetic Act to reauthorize make it a priority to enter into agreements, (1) processing and ingredient standards and amend the prescription drug user fee including memoranda of understanding, with with respect to feed, pet food, animal waste, provisions, and for other purposes; which was the trading partners of the United States and ingredient definitions; and ordered to lie on the table. (2) updated standards for the labeling of with respect to food safety. SA 1009. Mr. HATCH submitted an amend- pet food that includes nutritional informa- SEC. 6. ANNUAL REPORT TO CONGRESS. ment intended to be proposed by him to the tion and ingredient information. The Secretary of Health and Human Serv- bill S. 1082, supra; which was ordered to lie (b) EARLY WARNING SURVEILLANCE SYSTEMS ice shall, on an annual basis, submit to the on the table. AND NOTIFICATION DURING PET FOOD RE- Committee on Health, Education, Labor, and SA 1010. Mr. COCHRAN (for himself, Mr. CALLS.— Pensions and the Committee on Appropria- CARPER, Mr. NELSON, of Nebraska, Mr. (1) IN GENERAL.—Not later than 180 days tions of the Senate and the Committee on HATCH, Mr. BENNETT, Mr. ENZI, Mr. BURR, after the date of enactment of this Act, the Energy and Commerce and the Committee on and Mr. MENENDEZ) submitted an amend- Secretary shall by regulation establish an Appropriations of the House of Representa- ment intended to be proposed to amendment early warning and surveillance system to tives a report that includes, with respect to SA 990 submitted by Mr. DORGAN (for him- identify contaminations of the pet food sup- the preceding 1-year period— self, Ms. SNOWE, Mr. GRASSLEY, Mr. MCCAIN, ply and outbreaks of illness from pet food. In (1) the number and amount of food prod- Ms. STABENOW, Mr. NELSON of Florida, Mr. establishing such system, the Secretary ucts imported into the United States, aggre- PRYOR, Mr. SANDERS, Mr. WHITEHOUSE, and shall— gated by country, and type of food, if any; Mrs. MCCASKILL) to the bill S. 1082, supra. (A) use surveillance and monitoring mech- (2) a listing of the number of inspectors of SA 1011. Ms. STABENOW (for herself, Mr. anisms similar to, or in coordination with, imported food products and the number of THUNE, Mr. LOTT, Mr. BROWN, and Mr. KOHL) those mechanisms used by the Centers for inspections performed on such products; and submitted an amendment intended to be pro- Disease Control and Prevention to monitor (3) aggregated data on the findings of such posed by her to the bill S. 1082, supra. human health, such as the Foodborne Dis- inspections, including data related to viola- SA 1012. Mr. VITTER submitted an amend- eases Active Surveillance Network tions of the Federal Food, Drug, and Cos- ment intended to be proposed by him to the (FoodNet) and PulseNet; metic Act (21 U.S.C. 201 et seq.), and enforce- bill S. 1082, supra; which was ordered to lie (B) consult with relevant professional asso- ment mechanisms used to follow-up on such on the table. ciations and private sector veterinary hos- findings and violations. SA 1013. Mr. VITTER submitted an amend- pitals; and f ment intended to be proposed by him to the (C) work with Health Alert Networks and bill S. 1082, supra; which was ordered to lie other notification networks to inform veteri- SUBMITTED RESOLUTIONS on the table. narians and relevant stakeholders during SA 1014. Mr. VITTER submitted an amend- any recall of pet food. ment intended to be proposed to amendment (2) AUTHORIZATION OF APPROPRIATIONS.— SENATE CONCURRENT RESOLU- SA 990 submitted by Mr. DORGAN (for him- There are authorized to be appropriated to self, Ms. SNOWE, Mr. GRASSLEY, Mr. MCCAIN, TION 30—URGING ALL SIDES TO carry out paragraph (1) such sums as may be Ms. STABENOW, Mr. NELSON of Florida, Mr. necessary. THE CURRENT POLITICAL CRISIS PRYOR, Mr. SANDERS, Mr. WHITEHOUSE, and SEC. 5. SENSE OF THE SENATE. IN UKRAINE TO ACT RESPON- Mrs. MCCASKILL) to the bill S. 1082, supra; (a) FINDINGS.—Congress finds that— SIBLY AND USE DIALOGUE TO which was ordered to lie on the table. (1) the safety and integrity of the United RESOLVE THE CRISIS AND EN- SA 1015. Mr. HAGEL (for himself and Mrs. States food supply is vital to the public SURE A FREE AND TRANS- CLINTON) submitted an amendment intended health, to public confidence in the food sup- PARENT DEMOCRATIC SYSTEM to be proposed by him to the bill S. 1082, ply, and to the success of the food sector of IN UKRAINE BASED ON THE supra; which was ordered to lie on the table. the Nation’s economy; SA 1016. Mr. SPECTER submitted an (2) illnesses and deaths of individuals and RULE OF LAW amendment intended to be proposed by him companion pets caused by contaminated Mr. DODD submitted the following to the bill S. 1082, supra; which was ordered food— concurrent resolution; which was re- to lie on the table. (A) have contributed to a loss of public ferred to the Committee on Foreign SA 1017. Mr. GREGG (for himself and Mr. confidence in food safety; and Relations: COLEMAN) submitted an amendment intended (B) have caused significant economic loses to be proposed to amendment SA 990 sub- to manufactures and producers not respon- S. CON. RES. 30 mitted by Mr. DORGAN (for himself, Ms. sible for contaminated food items; Resolved by the Senate (the House of Rep- SNOWE, Mr. GRASSLEY, Mr. MCCAIN, Ms. (3) the task of preserving the safety of the resentatives concurring), That Congress— STABENOW, Mr. NELSON of Florida, Mr. food supply of the United States faces tre- (1) acknowledges and welcomes the strong PRYOR, Mr. SANDERS, Mr. WHITEHOUSE, and mendous pressures with regard to— relationship formed between the United Mrs. MCCASKILL) to the bill S. 1082, supra; (A) emerging pathogens and other con- States and Ukraine since the restoration of which was ordered to lie on the table. taminants and the ability to detect all forms Ukraine’s independence in 1991; SA 1018. Mr. DEMINT (for himself, Mr. of contamination; and (2) urges all sides to the current political INHOFE, Mr. BROWNBACK, Mr. MARTINEZ, Mr. (B) an increasing volume of imported food, crisis in Ukraine to act responsibly and use VITTER, and Mr. COBURN) submitted an without adequate monitoring and inspection; dialogue to resolve the crisis; amendment intended to be proposed by him (4) the United States is increasing the (3) urges all sides to adhere to the rule of to the bill S. 1082, supra. amount of food that it imports such that— law and resolve disputes in a peaceful man- SA 1019. Mr. CASEY (for himself and Mr. (A) from 2003 to the present, the value of ner consistent with Ukraine’s democratic SPECTER) submitted an amendment intended food imports has increased from values and national interest, in keeping with to be proposed by him to the bill S. 1082, $45,600,000,000 to $64,000,000,000; and its commitments as a member of the Organi- supra; which was ordered to lie on the table.

VerDate Aug 31 2005 04:30 May 03, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.079 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5511 SA 1020. Mr. GRASSLEY submitted an the Food, Drug, and Cosmetic Act (21 U.S.C. ‘‘(ii) the Secretary has— amendment intended to be proposed by him 301 et seq.) that is designed to ensure the ‘‘(I) established alternative, scientifically to the bill S. 1082, supra; which was ordered safety and effectiveness of drugs used by the valid methods that are reasonably expected to lie on the table. American public. to detect a significant difference between the SA 1021. Mrs. CLINTON submitted an (2) REPORT.—Not later than 90 days after antibiotic drug and the listed antibiotic drug amendment intended to be proposed by her the date of enactment of this Act, the Sec- in safety and effectiveness; to the bill S. 1082, supra; which was ordered retary of Health and Human Services shall ‘‘(II) developed the alternative, scientif- to lie on the table. submit to Congress a report concerning the ically valid methods described in subclause SA 1022. Mr. DURBIN (for himself, Mr. findings of the evaluation conducted under (I) through notice and comment rulemaking ENZI, Mr. KENNEDY, Mr. ALLARD, Mr. KOHL, paragraph (1). in accordance with section 553 of title 5, Ms. CANTWELL, Mr. SCHUMER, Mr. BIDEN, Mr. (b) DETERMINATION OF EFFECTIVENESS.— United States Code; and NELSON, of Florida, and Mr. CASEY) proposed Not later than 30 days after the date of en- ‘‘(III) determined that, based on the alter- an amendment to the bill S. 1082, supra. actment of this Act, the Commissioner of native, scientifically valid methods de- SA 1023. Mr. DURBIN submitted an amend- Food and Drugs shall, based on available sci- scribed in subclauses (I) and (II), there is no ment intended to be proposed by him to the entific data, make a determination, and dis- significant difference between the antibiotic bill S. 1082, supra; which was ordered to lie close such determination to the general pub- drug and the listed antibiotic drug in safety on the table. lic, concerning— and effectiveness.’’. (1) whether or not smoked marijuana is a SA 1024. Mr. SALAZAR submitted an (c) PUBLIC MEETING.—The Commissioner of amendment intended to be proposed by him safe or effective treatment for any medical Food and Drugs shall convene a public meet- to the bill S. 1082, supra; which was ordered condition; and ing and, if appropriate, issue guidance re- to lie on the table. (2) the adverse impact to human health, garding which serious and life-threatening SA 1025. Mr. SCHUMER (for himself, Mrs. both physician and mental, as a result of infectious diseases, such as diseases due to CLINTON, Mr. ENZI, Mr. HATCH, and Mr. KEN- smoking marijuana. gram-negative bacteria and other diseases NEDY) proposed an amendment to the bill S. SA 1009. Mr. HATCH submitted an due to antibiotic-resistant bacteria, poten- 1082, supra. tially qualify for available grants and con- SA 1026. Mr. FEINGOLD submitted an amendment intended to be proposed by tracts under subsection (a) of section 5 of the amendment intended to be proposed by him him to the bill S. 1082, to amend the Orphan Drug Act (21 U.S.C. 360ee(a)) or other to the bill S. 1082, supra; which was ordered Federal Food, Drug, and Cosmetic Act incentives for development. to lie on the table. to reauthorize and amend the prescrip- (d) GRANTS AND CONTRACTS FOR THE DEVEL- SA 1027. Mr. DURBIN submitted an amend- tion drug user fee provisions, and for ment intended to be proposed by him to the OPMENT OF ORPHAN DRUGS.—Subsection (c) of bill S. 1082, supra; which was ordered to lie other purposes; which was ordered to section 5 of the Orphan Drug Act (21 U.S.C. on the table. lie on the table; as follows: 360ee(c)) is amended to read as follows: SA 1028. Mr. ROCKEFELLER (for himself, At the end of title II, insert the following: ‘‘(c) For grants and contracts under sub- Mr. SCHUMER, Mr. LEAHY, Mr. KOHL, and Ms. Subtitle llAntibiotic Safety and Innovation section (a), there are authorized to be appro- STABENOW) submitted an amendment in- SEC. 2ll. DEVELOPMENT OF ANTIMICROBIALS. priated such sums as already have been ap- tended to be proposed by him to the bill S. (a) INCENTIVES FOR DEVELOPMENT OF NEW propriated for fiscal year 2007, and $35,000,000 1082, supra; which was ordered to lie on the ANTIBIOTICS AND NEW ANTIBIOTIC USES.—Sec- for each subsequent fiscal year.’’. table. tion 505 of the Federal Food, Drug, and Cos- SEC. 2ll. ESTABLISHMENT OF ANTIMICROBIAL SA 1029. Mr. SANDERS submitted an metic Act (21 U.S.C. 355), as amended by this BREAKPOINTS. amendment intended to be proposed by him Act, is further amended by adding at the end (a) DEFINITION.—In this section, the term to the bill S. 1082, supra; which was ordered the following: ‘‘antimicrobial breakpoint’’ means specific to lie on the table. ‘‘(r)(1) Notwithstanding any provision of values which characterize bacteria as clini- SA 1030. Mr. SANDERS submitted an the Food and Drug Administration Mod- cally susceptible, intermediate, or resistant amendment intended to be proposed by him ernization Act of 1997 or any other provision to the drug (or drugs) tested, such as Min- to the bill S. 1082, supra; which was ordered of law, a sponsor of a drug that is the subject imum Inhibitory Concentrations (MICs) or to lie on the table. of an approved application described in para- zones of inhibitions. SA 1031. Mr. SANDERS submitted an graph (2) may elect to receive, with respect amendment intended to be proposed by him to the drug— (b) ESTABLISHMENT OF BREAKPOINTS.— to the bill S. 1082, supra; which was ordered ‘‘(A)(i) the 3-year exclusivity period re- (1) IN GENERAL.—The Secretary of Health to lie on the table. ferred to under clauses (iii) and (iv) of sub- and Human Services (referred to in this sec- SA 1032. Mr. SANDERS submitted an section (c)(3)(E) and under clauses (iii) and tion as the ‘‘Secretary’’) shall direct the amendment intended to be proposed by him (iv) of subsection (j)(5)(F); and Commissioner of Food and Drugs to establish to the bill S. 1082, supra; which was ordered ‘‘(ii) the 5-year exclusivity period referred and periodically update antimicrobial to lie on the table. to under subsection (c)(3)(E)(ii) and under breakpoints. SA 1033. Mr. SANDERS submitted an subsection (j)(5)(F)(ii); or (2) REVIEW AND UPDATE.—Antimicrobial amendment intended to be proposed by him ‘‘(B) a patent term extension under section breakpoints shall be reviewed and updated as to the bill S. 1082, supra; which was ordered 156 of title 35, United States Code. necessary pursuant to recommendations to lie on the table. ‘‘(2) An application described under this from the Antimicrobial Resistance Task Force and in consultation with the Centers f paragraph is an application for marketing submitted under this section after the date for Disease Control and Prevention, or more TEXT OF AMENDMENTS of enactment of this subsection in which— frequently upon the discretion of the Com- ‘‘(A) the drug that is the subject of the ap- missioner of Food and Drugs, but in no case SA 1008. Mr. GRASSLEY submitted less than once every 5 years. an amendment intended to be proposed plication contains an antibiotic drug; and ‘‘(B) such antibiotic drug was the subject (c) PUBLIC AVAILABILITY.—The Secretary by him to the bill S. 1082, to amend the of an application received by the Secretary shall direct the Commissioner of Food and Federal Food, Drug, and Cosmetic Act under section 507 of this Act (as in effect be- Drugs to make antimicrobial breakpoints to reauthorize and amend the prescrip- fore November 21, 1997). publicly available within 30 days of the date tion drug user fee provisions, and for ‘‘(3) Paragraph (1) shall not be construed to of establishment and any update under this other purposes; which was ordered to entitle a drug that is the subject of an ap- section. lie on the table; as follows: proved application described in paragraph (2) (d) ADVISORY ORGANIZATIONS.—The Com- for any market exclusivities or patent exten- Strike section 252 and insert the following: missioner of Food and Drugs may contract sions other than those exclusivities or exten- with an organization or organizations to aid SEC. ll. MARIJUANA SMOKED BY PATIENTS. sions described in paragraph (1).’’. in the establishment of antimicrobial (a) EVALUATION AND REPORT.— IOEQUIVALENCE TO LISTED ANTIBIOTIC (b) B breakpoints under this section in a manner (1) EVALUATION.—The Secretary of Health DRUG.—Section 505(j)(8) of the Federal Food, not inconsistent with the Federal Advisory and Human Services shall conduct an evalua- Drug, and Cosmetic Act (21 U.S.C. 355(j)(8)) is Committee Act (5 U.S.C. App.). The Commis- tion of the manufacture, distribution, and amended by adding at the end the following: sioner of Food and Drugs shall make the use of marijuana in States that have enacted ‘‘(D) Notwithstanding any other provision final determination regarding establish- laws legalizing, decriminalizing, or other- of this subsection, an oral antibiotic drug ments of antimicrobial breakpoints under wise allowing the use of marijuana for pur- that is not intended to be absorbed into the this section. ported medical use to determine— bloodstream shall be considered to be bio- (A) whether such activity is taking place equivalent to a listed antibiotic drug only SEC. 2ll. EXCLUSIVITY OF CERTAIN DRUGS in violation of any provision of Federal law if— CONTAINING ENANTIOMERS. for which the Department of Health of ‘‘(i) clinical trials do not show a significant Section 505 of the Federal Food, Drug, and Human Services is responsible; and difference between the antibiotic drug and Cosmetic Act (21 U.S. C. 355), as amended by (B) whether such marijuana activities are the listed antibiotic drug in safety and effec- this subtitle, is amended by adding at the taking place in violation of any provision of tiveness; or end the following:

VerDate Aug 31 2005 04:22 May 03, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.059 S02MYPT1 ccoleman on PRODPC74 with SENATE S5512 CONGRESSIONAL RECORD — SENATE May 2, 2007

‘‘(s) DRUGS CONTAINING ENANTIOMERS.—For ‘‘(r) CITIZEN PETITIONS AND PETITIONS FOR resolve the petition and not further delay an purposes of subsections (c)(3)(E)(ii) and STAY OF AGENCY ACTION.— application filed under subsection (b)(2) or (j)(5)(F)(ii), if an application is submitted ‘‘(1) IN GENERAL.— (j). under subsection (b) for a non-racemic drug ‘‘(A) NO DELAY OF CONSIDERATION OR AP- ‘‘(ii) Not later than 10 days after making containing as an active ingredient a single PROVAL.— the determination under subparagraph (A), enantiomer that is contained in a racemic ‘‘(i) IN GENERAL.—With respect to a pend- the Secretary shall provide notice to the drug approved in another application under ing application submitted under subsection sponsor of the pending application submitted subsection (b), the single enantiomer shall (b)(2) or (j), if a petition is submitted to the under subsection (b)(2) or (j) and provide an not be considered the same active ingredient Secretary that seeks to have the Secretary opportunity for a meeting with appropriate contained in the approved racemic drug, if— take, or refrain from taking, any form of ac- staff as determined by the Commissioner to ‘‘(1)(A) the single enantiomer has not been tion relating to the approval of the applica- discuss the determination. previously approved as an active ingredient tion, including a delay in the effective date ‘‘(3) VERIFICATIONS.— except in the approved racemic drug; and of the application, clauses (ii) and (iii) shall ‘‘(A) PETITIONS FOR REVIEW.—The Sec- ‘‘(B) the application submitted under sub- apply. retary shall not accept a petition for review section (b) for the drug containing the single ‘‘(ii) NO DELAY OF CONSIDERATION.—The re- unless it is signed and contains the following enantiomer includes full reports of inves- ceipt of a petition is not just cause to delay verification: ‘I certify that, to my best tigations described in subsection (b)(1)(A) consideration of an application submitted knowledge and belief: (a) this petition in- which do not rely on any investigations that under subsection (b)(2) or (j) and consider- cludes all information and views upon which ation of a petition described in clause (i) are part of the application submitted under the petition relies; and (b) this petition in- shall be separate and apart from the review subsection (b) for approval of the approved cludes representative data and/or informa- of an application submitted under either racemic drug; and tion known to the petitioner which are unfa- such subsection. ‘‘(2)(A) the application submitted under vorable to the petition. I further certify that ‘‘(iii) NO DELAY OF APPROVAL WITHOUT DE- subsection (b) for the drug containing the the information upon which I have based the TERMINATION.—The Secretary shall not delay single enantiomer is not submitted for ap- action requested herein first became known approval of an application submitted under proval of a use— to the party on whose behalf this petition is ‘‘(i) in a therapeutic area in which the ap- subsection (b)(2) or (j) while a petition de- scribed in clause (i) is reviewed and consid- filed on or about llllllllll. I re- proved racemic drug has been approved; or ceived or expect to receive payments, includ- ‘‘(ii) for which any other enantiomer of the ered unless the Secretary determines, not later than 30 days after the submission of the ing cash and other forms of consideration, racemic drug has been approved; or from the following persons or organizations ‘‘(B) in the case of an antibiotic drug, such petition, that a delay is necessary to protect the public health. to file this petition: llllllll. I verify drug is demonstrated through well-con- under penalty of perjury that the foregoing trolled clinical trials to be safe and effective ‘‘(B) DETERMINATION OF DELAY.—With re- spect to a determination by the Secretary is true and correct.’, with the date of the fil- for a use for which the racemic drug has not ing of such petition and the signature of the been approved and for which no other under subparagraph (A)(iii) that a delay is necessary to protect the public health the petitioner inserted in the first and second enantiomer of the racemic drug has been pre- following shall apply: blank space, respectively. viously approved.’’. ‘‘(i) Not later than 5 days after making ‘‘(B) SUPPLEMENTAL INFORMATION.—The Secretary shall not accept for review any SA 1010. Mr. COCHRAN (for himself, such determination, the Secretary shall pub- lish on the Internet website of the Food and supplemental information or comments on a Mr. CARPER, Mr. NELSON of Nebraska, Drug Administration a detailed statement petition unless the party submitting such in- Mr. HATCH, Mr. BENNETT, Mr. ENZI, Mr. providing the reasons underlying the deter- formation or comments does so in written BURR, and Mr. MENENDEZ) submitted mination. The detailed statement shall in- form and that the subject document is signed an amendment intended to be proposed clude a summary of the petition and com- and contains the following verification: ‘I to amendment SA 990 submitted by Mr. ments and supplements, the specific sub- certify that, to my best knowledge and be- lief: (a) I have not intentionally delayed sub- DORGAN (for himself, Ms. SNOWE, Mr. stantive issues that the petition raises which mission of this document or its contents. I GRASSLEY, Mr. MCCAIN, Ms. STABENOW, need to be considered prior to approving a pending application submitted under sub- further certify that the information upon Mr. NELSON of Florida, Mr. PRYOR, Mr. section (b)(2) or (j), and any clarifications which I have based the action requested SANDERS, Mr. WHITEHOUSE, and Mrs. and additional data that is needed by the herein first became known to me on or about MCCASKILL) to the bill S. 1082, to Secretary to promptly review the petition. llllllllll. I received or expect to amend the Federal Food, Drug, and ‘‘(ii) Not later than 10 days after making receive payments, including cash and other Cosmetic Act to reauthorize and amend such determination, the Secretary shall pro- forms of consideration, from the following the prescription drug user fee provi- vide notice to the sponsor of the pending ap- persons or organizations to submit this in- sions, and for other purposes; as fol- plication submitted under subsection (b)(2) formation or its contents: lllll. I verify under penalty of perjury that the foregoing lows: or (j) and provide an opportunity for a meet- ing with appropriate staff as determined by is true and correct.’, with the date of the At the end of the amendment, add the fol- the Commissioner to discuss the determina- submission of such document and the signa- lowing: tion. ture of the petitioner inserted in the first SEC. ll. PROTECTION OF HEALTH AND SAFETY. ‘‘(2) TIMING OF FINAL AGENCY ACTION ON PE- and second blank space, respectively. This title, and the amendments made by TITIONS.— ‘‘(4) ANNUAL REPORT ON DELAYS IN APPROV- this title, shall become effective only if the ‘‘(A) IN GENERAL.—Notwithstanding a de- ALS PER PETITION.—The Secretary shall an- Secretary of Health and Human Services cer- termination made by the Secretary under nually submit to the Congress a report that tifies to Congress that the implementation paragraph (1)(A)(iii), the Secretary shall specifies— of this title (and amendments) will— take final agency action with respect to a ‘‘(A) the number of applications under sub- (1) pose no additional risk to the public’s petition not later than 180 days of submis- section (b)(2) and (j) that were approved dur- health and safety; and sion of that petition unless the Secretary de- ing the preceding 1-year period; (2) result in a significant reduction in the termines, prior to the date that is 180 days ‘‘(B) the number of petitions that were sub- cost of covered products to the American after the date of submission of the petition, mitted during such period; consumer. that a delay is necessary to protect the pub- ‘‘(C) the number of applications whose ef- lic health. fective dates were delayed by petitions dur- SA 1011. Ms. STABENOW (for herself, ‘‘(B) DETERMINATION OF DELAY.—With re- ing such period and the number of days by Mr. THUNE, Mr. LOTT, Mr. BROWN, and spect to a determination by the Secretary which the applications were so delayed; and Mr. KOHL) submitted an amendment in- under subparagraph (A) that a delay is nec- ‘‘(D) the number of petitions that were tended to be proposed by her to the bill essary to protect the public health the fol- filed under this subsection that were deemed S. 1082, to amend the Federal Food, lowing shall apply: by the Secretary under paragraph (1)(A)(iii) Drug, and Cosmetic Act to reauthorize ‘‘(i) Not later than 5 days after making the to require delaying an application under sub- and amend the prescription drug user determination under subparagraph (A), the section (b)(2) or (j) and the number of days Secretary shall publish on the Internet by which the applications were so delayed. fee provisions, and for other purposes; website of the Food and Drug Administra- ‘‘(5) EXCEPTION.—This subsection does not as follows: tion a detailed statement providing the rea- apply to a petition that is made by the spon- At the appropriate place, insert the fol- sons underlying the determination. The de- sor of the application under subsection (b)(2) lowing: tailed statement should include the state of or (j) and that seeks only to have the Sec- SEC. ll. CITIZENS PETITIONS AND PETITIONS the review of the petition, the specific out- retary take or refrain from taking any form FOR STAY OF AGENCY ACTION. standing issues that still need to be resolved, of action with respect to that application. Section 505 of the Federal Food, Drug, and a proposed timeframe to resolve the issues, ‘‘(6) REPORT BY INSPECTOR GENERAL.—The Cosmetic Act (21 U.S.C. 355), as amended by and any additional information that has Office of Inspector General of the Depart- this Act, is amended by adding at the end been requested by the Secretary of the peti- ment of Health and Human Services shall the following: tioner or needed by the Secretary in order to issue a report not later than 2 years after the

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date of enactment of this subsection evalu- (b) AUTHORIZATION OF APPROPRIATIONS.— (3) are manufactured and distributed in a ating evidence of the compliance of the Food Notwithstanding section 736(b) of the Fed- highly secure, tightly controlled environ- and Drug Administration with the require- eral Food, Drug, and Cosmetic Act (as ment; and ment that the consideration by the Sec- amended by section 103(b) of this Act), the (4) incorporate additional layers of non- retary of petitions that do not raise public Secretary of Health and Human Services visible covert security features up to and in- health concerns remain separate and apart shall allocate $20,000,000 of the user fees gen- cluding forensic capability. from the review and approval of an applica- erated by section 736(a) of the Federal Food, (d) STANDARDS FOR PACKAGING.— tion submitted under subsection (b)(2) or (j). Drug, and Cosmetic Act (as amended by sec- (1) MULTIPLE ELEMENTS.—For the purpose ‘‘(7) DEFINITION.—For purposes of this sub- tion 103(a) of this Act), for each fiscal year of making it more difficult to counterfeit section, the term ‘petition’ includes any re- beginning with fiscal year 2009 and ending the packaging of prescription drugs, the Sec- quest to the Secretary, without regard to with fiscal year 2012, to the Office of Generic retary shall require manufacturers of pre- whether the request is characterized as a pe- Drugs of the Food and Drug Administration, scription drugs to incorporate the tech- tition.’’. for the sole purpose of reviewing and approv- nologies described in paragraphs (1), (2), and ing abbreviated new drug applications. (3) of subsection (a), and shall encourage SA 1012. Mr. VITTER submitted an manufacturers and distributors of prescrip- amendment intended to be proposed by SA 1014. Mr. VITTER submitted an tion drugs to incorporate the technologies him to the bill S. 1082, to amend the amendment intended to be proposed to described in subsection (c), into multiple ele- amendment SA 990 submitted by Mr. ments of the physical packaging of the Federal Food, Drug, and Cosmetic Act drugs, including— DORGAN (for himself, Ms. SNOWE, Mr. to reauthorize and amend the prescrip- (A) blister packs, shrink wrap, package la- tion drug user fee provisions, and for GRASSLEY, Mr. MCCAIN, Ms. STABENOW, bels, package seals, bottles, and boxes; and other purposes; which was ordered to Mr. NELSON of Florida, Mr. PRYOR, Mr. (B) at the item level. lie on the table; as follows: SANDERS, Mr. WHITEHOUSE, and Mrs. (2) LABELING OF SHIPPING CONTAINER.— At the appropriate place, insert the fol- MCCASKILL) to the bill S. 1082, to Shipments of prescription drugs shall in- lowing: amend the Federal Food, Drug, and clude a label on the shipping container that incorporates the technologies described in SEC. ll. AUTHORIZATION OF APPROPRIATIONS Cosmetic Act to reauthorize and amend FOR THE OFFICE OF GENERIC the prescription drug user fee provi- subsection (a)(1), so that members of the sup- DRUGS. sions, and for other purposes; which ply chain inspecting the packages will be Notwithstanding section 736(b) of the Fed- able to determine the authenticity of the was ordered to lie on the table; as fol- shipment. Chain of custody procedures shall eral Food, Drug, and Cosmetic Act (as lows: amended by section 103(b) of this Act), the apply to such labels and shall include proce- Secretary of Health and Human Services At the appropriate place in the amend- dures applicable to contractual agreements shall allocate $20,000,000 of the user fees gen- ment, insert the following: for the use and distribution of the labels, erated by section 736(a) of the Federal Food, SEC. ll. COUNTERFEIT-RESISTANT TECH- methods to audit the use of the labels, and Drug, and Cosmetic Act (as amended by sec- NOLOGIES FOR PRESCRIPTION database access for the relevant govern- DRUGS. tion 103(a) of this Act), for each fiscal year mental agencies for audit or verification of (a) REQUIRED TECHNOLOGIES.—The Sec- beginning with fiscal year 2009 and ending the use and distribution of the labels. retary of Health and Human Services shall with fiscal year 2012, to the Office of Generic (e) PENALTY.—A prescription drug is require that the packaging of any prescrip- Drugs of the Food and Drug Administration, deemed to be misbranded for purposes of the tion drug incorporate— for the sole purpose of reviewing and approv- Federal Food, Drug, and Cosmetic Act (21 (1) radio frequency identification (RFID) ing abbreviated new drug applications. U.S.C. 301 et seq.) if the packaging or label- tagging technology, or similar trace and ing of the drug is in violation of a require- track technologies that have an equivalent SA 1013. Mr. VITTER submitted an ment or prohibition applicable to the drug function; under subsection (a), (b), or (d). amendment intended to be proposed by (2) tamper-indicating technologies; and (f) TRANSITIONAL PROVISIONS; EFFECTIVE him to the bill S. 1082, to amend the (3) blister security packaging when pos- DATES.— Federal Food, Drug, and Cosmetic Act sible. (1) NATIONAL SPECIFIED LIST OF SUSCEP- to reauthorize and amend the prescrip- (b) USE OF TECHNOLOGIES.— TIBLE PRESCRIPTION DRUGS.— tion drug user fee provisions, and for (1) AUTHORIZED USES.—The Secretary shall (A) INITIAL PUBLICATION.—Not later than other purposes; which was ordered to require that technologies described in sub- 180 days after the date of the enactment of lie on the table; as follows: section (a)(1) be used exclusively to authen- this Act, the Secretary shall publish in the ticate the pedigree of prescription drugs, in- Federal Register a list, to be known as the At the appropriate place, insert the fol- cluding by— National Specified List of Susceptible Pre- lowing: (A) implementing inventory control; scription Drugs, consisting of not less than SEC. ll. OFFICE OF GENERIC DRUGS. (B) tracking and tracing prescription 30 of the prescription drugs that are most (a) FINDINGS.—Congress makes the fol- drugs; frequently subject to counterfeiting in the lowing findings: (C) verifying shipment or receipt of pre- United States (as determined by the Sec- (1) More than $100,000,000,000 in blockbuster scription drugs; retary). brand pharmaceutical products will lose pat- (D) authenticating finished prescription (B) REVISION.—Not less than annually ent protection between April 2007 and 2010. drugs; and through the end of calendar year 2010, the As a result, more applications for generic (E) electronically authenticating the pedi- Secretary shall review and, as appropriate, versions of these products will be filed with gree of prescription drugs. revise the National Specified List of Suscep- the Office of Generic Drugs of the Food and (2) PRIVACY PROTECTION.—The Secretary tible Prescription Drugs. The Secretary may Drug Administration. shall prohibit technologies required by sub- not revise the List to include fewer than 30 (2) The staff of the Office of Generic Drugs section (a)(1) from containing or transmit- prescription drugs. is backlogged. Approximately 800 generic ting any information that may be used to (2) EFFECTIVE DATES.—The Secretary shall drug applications are pending review as of identify a health care practitioner or the implement the requirements and prohibi- April 2007. prescription drug consumer. tions of subsections (a), (b), and (d)— (3) The workload of the Office of Generic (3) PROHIBITION AGAINST ADVERTISING.—The (A) with respect to prescription drugs on Drugs has increased by 36 percent since 2004, Secretary shall prohibit technologies re- the National Specified List of Susceptible yet the Office has the same budget and the quired by subsection (a)(1) from containing Prescription Drugs, beginning not later than same number of staff. or transmitting any advertisement or infor- the earlier of— (4) The workload of the Office of Generic mation about prescription drug indications (i) 1 year after the initial publication of Drugs also has increased due to the filing of or off-label prescription drug uses. such List; or citizen petitions by brand companies de- (c) RECOMMENDED TECHNOLOGIES.—The Sec- (ii) December 31, 2008; and signed to delay generic drug approvals. retary shall encourage the manufacturers (B) with respect to all prescription drugs, (5) A modest investment in the Office of and distributors of prescription drugs to in- beginning not later than December 31, 2011. Generic Drugs, such as $15,000,000, would help corporate into the packaging of such drugs, (3) AUTHORIZED USES DURING TRANSITIONAL to make more affordable medicines available in addition to the technologies required PERIOD.—In lieu of the requirements speci- in a timely manner to consumers and public under subsection (a), overt optically variable fied in subsection (b)(1), for the period begin- and private health care purchasers, who counterfeit-resistant technologies that— ning on the effective date applicable under would save billions of dollars. (1) are visible to the naked eye, providing paragraph (2)(A) and ending on the com- (6) Those savings also would enable the for visual identification of prescription drug mencement of the effective date applicable Federal Government to reach more Ameri- authenticity without the need for readers, under paragraph (2)(B), the Secretary shall cans through important health care initia- microscopes, lighting devices, or scanners; require that technologies described in sub- tives, such as Medicare, Medicaid, and pro- (2) are similar to technologies used by the section (a)(1) be used exclusively to verify grams to improve children’s health care, as- Bureau of Engraving and Printing to secure the authenticity of prescription drugs. sist the chronically ill, and fight HIV/AIDS. United States currency; (g) DEFINITIONS.—In this Act:

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(1) The term ‘‘pedigree’’— ‘‘(b) PURPOSE OF CENTERS.—The purpose of ‘‘SEC. 511. INTERNET PHARMACIES. (A) means the history of each prior sale, the Centers is to advance the Food and Drug ‘‘(a) DEFINITIONS.—In this section: purchase, or trade of the prescription drug Administration’s Critical Path Initiative, as ‘‘(1) ADVERTISING SERVICE PROVIDER.—The involved to a distributor or retailer of the well as subsequent efforts, to modernize term ‘advertising service provider’ means an drug (including the date of the transaction medical pharmaceutical product develop- advertising company that contracts with a and the names and addresses of all parties to ment by— provider of an interactive computer service the transaction); and ‘‘(1) designing methodologies to dramati- (as defined in section 230(f) of the Commu- (B) excludes information about the sale, cally increase the speed at which new drugs nications Act of 1934 (47 U.S.C. 230(f)) to pro- purchase, or trade of the drug to the drug enter the market while significantly reduc- vide advertising on the Internet. consumer. ing the cost of such process; ‘‘(2) DESIGNATED PAYMENT SYSTEM.— (2) The term ‘‘prescription drug’’ means a ‘‘(2) developing new technological tools to ‘‘(A) IN GENERAL.—The term ‘designated drug subject to section 503(b)(1) of the Fed- speed the creation of safer, more effective payment system’ means a system used by a eral Food, Drug, and Cosmetic Act (21 U.S.C. drugs targeted at individuals; person described in subparagraph (B) to ef- 353(b)(1)). ‘‘(3) assisting the Food and Drug Adminis- fect a credit transaction, electronic fund (3) The term ‘‘Secretary’’ means the Sec- tration with drug therapy-monitoring pro- transfer, or money transmitting service that retary of Health and Human Services. grams to look for adverse consequences uti- the Board determines, by regulation or lizing medicines; order, is regularly used in connection with, SA 1015. Mr. HAGEL (for himself and ‘‘(4) expanding the quality and number of or to facilitate restricted transactions. Mrs. CLINTON) submitted an amend- professionals trained in translational medi- ‘‘(B) PERSONS DESCRIBED.—A person re- ment intended to be proposed by him cine, translational therapeutics, and the ferred to in subparagraph (A) is— manufacture of pharmaceutical and bio- ‘‘(i) a creditor; to the bill S. 1082, to amend the Fed- technology products; and eral Food, Drug, and Cosmetic Act to ‘‘(ii) a credit card issuer; ‘‘(5) introducing new technologies to im- ‘‘(iii) a financial institution; reauthorize and amend the prescription prove the manufacture of pharmaceutical ‘‘(iv) an operator of a terminal at which an drug user fee provisions, and for other and biotechnology products. electronic fund transfer may be initiated; purposes; which was ordered to lie on ‘‘SEC. ll2. CRITERIA FOR SELECTION. ‘‘(v) a money transmitting business; or the table; as follows: ‘‘The Commissioner of Food and Drugs, in ‘‘(vi) a participant in an international, na- At the appropriate place, insert the fol- consultation with the Secretary, shall select tional, regional, or local network con- lowing: the Centers from among qualified university structed primarily to effect a credit trans- or university consortium applicants on the SEC. ll. LUNG CANCER COMPUTED TOMOG- action, electronic fund transfer, or money RAPHY ASSESSMENT AND INTERIM basis of key factors in pharmaceutical prod- transmitting service. QUALITY STANDARDS. uct development, safety, and manufacturing ‘‘(3) FEDERAL FUNCTIONAL REGULATOR.—The Not later than 180 days after the date of technology, including— term ‘Federal functional regulator’ has the enactment of this Act, the Secretary of ‘‘(1) whether the applicant has established meaning given the term in section 509 of the Health and Human Services shall submit to graduate training programs that integrate Gramm-Leach-Bliley Act (15 U.S.C. 6809). Congress a report that contains— the elements of translational therapeutics, ‘‘(4) INTERNET PHARMACY.—The term ‘Inter- (1) an assessment of the number, quality, including basic and clinical pharmacology, net pharmacy’ means a person that offers to charges, and capabilities of sites offering pharmaceutical science, including pharmaco- dispense or dispenses in the United States a computed tomography scanning for the diag- kinetic modeling, analytical technologies, prescription drug through an Internet nosis of lung cancer; genomics and proteomics, website in interstate commerce, regardless (2) interim quality standards for computed pharmacoepidemiology, informatics, and sta- of whether the physical location of the prin- tomography scanning for the diagnosis of tistics; cipal place of business of the Internet phar- lung cancer which incorporate the protocol ‘‘(2) demonstration of extensive experience macy is in the United States or in another established by the International Early Lung in the development and evaluation of medi- country. Cancer Action Program and contained in the cines through drug approval to the post-mar- ‘‘(5) PRESCRIPTION DRUG.—The term ‘pre- document dated October 20, 2006 entitled keting process; scription drug’ means a drug described in ‘‘International Early Lung Cancer Action ‘‘(3) scientific programs in translational section 503(b) that is approved by the Sec- Program: Enrollment and Screening Pro- therapeutics and pharmaceutical science de- retary under section 505. tocol’’; and signed to hasten the personalization of medi- ‘‘(6) RESTRICTED TRANSACTION.—The term (3) recommendations, including legislative cine; ‘restricted transaction’ means a transaction recommendations if appropriate, for the es- ‘‘(4) proficiencies in pharmaceutical and or transmittal, on behalf of a individual who tablishment of lung cancer diagnostic cen- biotechnology science and engineering, in- places an unlawful Internet pharmacy re- ters, as practicable, to collect and analyze cluding therapy development and manufac- quest to any person engaged in the operation the data as recommended under the protocol turing; and of an unlicensed Internet pharmacy, of— described in paragraph (2) in order to con- ‘‘(5) other factors that the Commissioner of ‘‘(A) credit, or the proceeds of credit, ex- tinue and accelerate research into the early Food and Drugs determines appropriate. tended to or on behalf of the individual for detection, diagnosis, and treatment of lung ‘‘SEC. ll3. AUTHORIZATION OF APPROPRIA- the purpose of the unlawful Internet request cancer. TIONS. (including credit extended through the use of ‘‘There are authorized to be appropriated a credit card); SA 1016. Mr. SPECTER submitted an to carry out this subchapter such sums as ‘‘(B) an electronic fund transfer or funds amendment intended to be proposed by may be necessary for each of the fiscal years transmitted by or through a money trans- him to the bill S. 1082, to amend the 2008 through 2013.’’. mitting business, or the proceeds of an elec- tronic fund transfer or money transmitting Federal Food, Drug, and Cosmetic Act SA 1017. Mr. GREGG (for himself and service, from or on behalf of the individual to reauthorize and amend the prescrip- Mr. COLEMAN) submitted an amend- for the purpose of the unlawful Internet re- tion drug user fee provisions, and for ment intended to be proposed to quest; other purposes; which was ordered to amendment SA 990 submitted by Mr. ‘‘(C) a check, draft, or similar instrument lie on the table; as follows: DORGAN (for himself, Ms. SNOWE,, Mr. which is drawn by or on behalf of the indi- vidual for the purpose of the unlawful Inter- At the appropriate place in the bill, insert GRASSLEY, Mr. MCCAIN, Ms. STABENOW, the following: net request and is drawn on or payable at or Mr. NELSON of Florida, Mr. PRYOR, Mr. through any financial institution; or SEC. ll. NATIONAL CENTERS FOR PHARMA- SANDERS, Mr. WHITEHOUSE, and Mrs. CEUTICAL INNOVATION. ‘‘(D) the proceeds of any other form of fi- MCCASKILL) to the bill S. 1082, to Chapter VII of the Federal Food, Drug, and nancial transaction (identified by the Board Cosmetic Act (21 U.S.C. 371 et seq.) is amend- amend the Federal Food, Drug, and by regulation) that involves a financial in- ed by adding at the end the following: Cosmetic Act to reauthorize and amend stitution as a payor or financial inter- the prescription drug user fee provi- mediary on behalf of or for the benefit of the ‘‘Subchapter ll—Establishment of the Na- individual for the purpose of the unlawful tional Centers for Pharmaceutical Innova- sions, and for other purposes; which was ordered to lie on the table; as fol- Internet request. tion ‘‘(7) TREATING PROVIDER.—The term ‘treat- ‘‘SEC. ll1. ESTABLISHMENT OF THE CENTERS. lows: ing provider’ means a health care provider li- ‘‘(a) IN GENERAL.—The Commissioner of Strike sections 7 and 8 of the amendment censed in the United States who is author- Food and Drugs, in consultation with the and insert the following: ized to prescribe medications and who— Secretary, shall establish through competi- SEC. 7. INTERNET PHARMACIES. ‘‘(A)(i) performs a documented patient tive selection not more than 5 university- (a) INTERNET PHARMACIES.—Chapter V of evaluation (including a patient history and based National Centers for Pharmaceutical the Federal Food, Drug, and Cosmetic Act physical examination) of an individual, por- Innovation (referred to in this subchapter as (21 U.S.C. 351 et seq.) is amended by inserting tions of which may be conducted by other the ‘Centers’). after section 510 the following: health professionals;

VerDate Aug 31 2005 02:54 May 03, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.081 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5515 ‘‘(ii) discusses with the individual the ‘‘(aa) all employees and agents of the ‘‘(iv) A statement that the Internet phar- treatment options of the individual and the Internet pharmacy are in compliance with macy will dispense prescription drugs only risks and benefits of treatment; and applicable Federal and State laws regarding after receipt of a valid prescription from a ‘‘(iii) maintains contemporaneous medical the practice of pharmacy, including licens- treating provider. records concerning the individual; or ing laws and inspection requirements; ‘‘(v) A distinctive tamper resistant seal to ‘‘(B) provides care to an individual as part ‘‘(bb) the Internet pharmacy is in compli- identify that the Internet pharmacy is li- of an on-call or cross-coverage arrangement ance with applicable Federal and State laws censed. with a health care provider described in sub- regarding the practice of pharmacy, includ- ‘‘(C) PROFESSIONAL SERVICES REQUIRE- paragraph (A). ing licensing laws and inspection require- MENTS.—An Internet pharmacy shall carry ‘‘(8) UNLAWFUL INTERNET PHARMACY RE- ments; out the following: QUEST.—The term ‘unlawful Internet phar- ‘‘(cc) the Internet pharmacy expressly and ‘‘(i) Maintain patient medication profiles macy request’ means the request, or trans- affirmatively agrees to provide and maintain and other related data in a readily accessible mittal of a request, made to an unlicensed an agent for service of process in the United format organized to facilitate consultation Internet pharmacy for a prescription drug by States; with treating providers, caregivers, and pa- mail (including a private carrier), facsimile, ‘‘(dd) the Internet pharmacy expressly and tients. telephone, or electronic mail, or by a means affirmatively agrees to be subject to the ju- ‘‘(ii) Conduct prospective drug use reviews that involves the use, in whole or in part, of risdiction of the United States and any of its before dispensing medications or medical de- the Internet. States or territories where it engages in vices. ‘‘(9) UNLICENSED INTERNET PHARMACY.—The commerce; and ‘‘(iii) Ensure patient confidentiality and term ‘unlicensed Internet pharmacy’ means ‘‘(ee) the Internet pharmacy agrees to affix the protection of patient identity and pa- an Internet pharmacy that is not licensed to each shipping container of drugs to be tient-specific information, in accordance under this section. shipped in the United States such markings with the regulations promulgated under sec- ‘‘(10) OTHER DEFINITIONS.— as the Secretary determines to be necessary tion 264(c) of the Health Insurance Port- ‘‘(A) BOARD.—The term ‘Board’ means the to identify that the shipment is from a li- ability and Accountability Act of 1996. Board of Governors of the Federal Reserve censed Internet pharmacy, which may in- ‘‘(iv) Offer interactive and meaningful con- System. clude anticounterfeiting or track-and-trace sultation by a licensed pharmacist to the ‘‘(B) CREDIT; CREDITOR; CREDIT CARD.—The technologies; caregiver or patient before and after the terms ‘credit’, ‘creditor’, and ‘credit card’ ‘‘(ii) verification that the person that owns time at which the Internet pharmacy dis- have the meanings given the terms in sec- the Internet pharmacy has not had a license penses the drug. tion 103 of the Truth in Lending Act (15 for an Internet pharmacy terminated by the ‘‘(v)(I) Establish a mechanism for patients U.S.C. 1602). Secretary, and that no other Internet phar- to report errors and suspected adverse drug macy owned by the person has had a license reactions. ‘‘(C) ELECTRONIC FUND TRANSFER.—The term ‘electronic fund transfer’— under this subsection that has been termi- ‘‘(II) Document in the reporting mecha- ‘‘(i) has the meaning given the term in sec- nated by the Secretary; nism the response of the Internet pharmacy tion 903 of the Electronic Fund Transfer Act ‘‘(iii) verification from the person that to those reports. (15 U.S.C. 1693a); and owns the Internet pharmacy that the person ‘‘(III) Submit those reports within 3 days will permit inspection of the facilities and of receipt and the response of the Internet ‘‘(ii) includes any fund transfer covered business practices of the Internet pharmacy pharmacy to the Food and Drug Administra- under article 4A of the Uniform Commercial by the Secretary to the extent necessary to tion in a manner determined appropriate by Code, as in effect in any State. determine whether the Internet pharmacy is the Secretary. ‘‘(D) FINANCIAL INSTITUTION.—The term ‘fi- in compliance with this subsection; ‘‘(vi) Develop a system to inform care- nancial institution’— ‘‘(iv) in the case of an agreement between givers and patients about drug recalls. ‘‘(i) has the meaning given the term in sec- a patient and an Internet pharmacy that re- ‘‘(vii) Educate caregivers and patients tion 903 of the Electronic Transfer Fund Act leases the Internet pharmacy, and any em- about the appropriate means of disposing of (15 U.S.C. 1693a); and ployee or agent of the Internet pharmacy, expired, damaged, or unusable medications. ‘‘(ii) includes a financial institution (as de- from liability for damages arising out of the ‘‘(viii) Assure that the sale of a prescrip- fined in section 509 of the Gramm-Leach-Bli- negligence of the Internet pharmacy, an as- tion drug is in accordance with a valid pre- ley Act (15 U.S.C. 6809)). surance that such a limitation of liability scription from the treating provider of the ‘‘(E) MONEY TRANSMITTING BUSINESS; MONEY shall be null and void; individual. TRANSMITTING SERVICE.—The terms ‘money ‘‘(v) verification that the Internet phar- ‘‘(ix)(I) Verify the validity of the prescrip- transmitting business’ and ‘money transmit- macy expressly and affirmatively agrees to tion of an individual by using 1 of the fol- ting service’ have the meanings given the provide the Secretary with the identity of lowing methods: terms in section 5330(d) of title 31, United any providers of interactive computer serv- ‘‘(aa) If the prescription for any drug other States Code. ices that provide host services or advertising than a controlled substance (as defined in ‘‘(b) IN GENERAL.—An Internet pharmacy services for the Internet pharmacy; and section 102 of the Controlled Substances Act may only dispense or offer to dispense a pre- ‘‘(vi) assurance that the Internet pharmacy (21 U.S.C. 802)) is received from an individual scription drug to a person in the United will comply with the requirements under or the treating provider of the individual by States in accordance with this section. subparagraphs (B) and (C). mail (including a private carrier), or from ‘‘(c) LICENSING OF INTERNET PHARMACIES.— ‘‘(B) IDENTIFICATION REQUIREMENTS.—An the treating provider of the individual by ‘‘(1) IN GENERAL.—An Internet pharmacy Internet pharmacy shall post in a clear and electronic mail, the validity of the prescrip- shall be licensed by the Secretary in accord- visible manner, on each page of the website tion shall be confirmed in accordance with ance with this section prior to offering to of the Internet pharmacy or by a link to a all applicable Federal and State laws. dispense or dispensing a prescription drug to separate page, the following information: ‘‘(bb) If the prescription is for a controlled an individual. ‘‘(i) The street address, city, ZIP Code or substance (as defined in section 102 of the ‘‘(2) CONDITIONS FOR LICENSING.— comparable mail code, State (or comparable Controlled Substances Act), the validity of ‘‘(A) APPLICATION REQUIREMENTS.—An entity), country, and telephone number of— the prescription shall be confirmed with the Internet pharmacy shall submit to the Sec- ‘‘(I) each place of business of the Internet treating provider as described in subclause retary an application that includes— pharmacy; and (II). ‘‘(i)(I) in the case of an Internet pharmacy ‘‘(II) the name of the supervising phar- ‘‘(II) When seeking verification of a pre- located in the United States, verification macist of the Internet pharmacy and each scription of an individual under subclause that, in each State in which the Internet individual who serves as a pharmacist for (I)(bb), an Internet pharmacy shall provide pharmacy engages in dispensing or offering purposes of the Internet pharmacy website. to the treating provider the following infor- to dispense prescription drugs, the Internet ‘‘(ii) The names of all States in which the mation: pharmacy, and all employees and agents of Internet pharmacy and the pharmacists em- ‘‘(aa) The full name and address of the in- the Internet pharmacy, is in compliance ployed by the Internet pharmacy are li- dividual. with applicable Federal and State laws re- censed or otherwise authorized to dispense ‘‘(bb) Identification of the prescription garding— prescription drugs. drug. ‘‘(aa) the practice of pharmacy, including ‘‘(iii) If the Internet pharmacy makes re- ‘‘(cc) The quantity of the prescription drug licensing laws and inspection requirements; ferrals to, or solicits on behalf of, a health to be dispensed. and care practitioner or group of practitioners in ‘‘(dd) The date on which the individual pre- ‘‘(bb) the manufacturing and distribution the United States for prescription services— sented the prescription to the Internet phar- of controlled substances, including with re- ‘‘(I) the name, street address, city, ZIP macy. spect to mailing or shipping controlled sub- Code or comparable mail code, State, and ‘‘(ee) The date and time of the verification stances to consumers; or telephone number of the practitioner or request. ‘‘(II) in the case of an Internet pharmacy group; and ‘‘(ff) The name of a contact person at the whose principal place of business is located ‘‘(II) the name of each State in which each Internet pharmacy, including a voice tele- outside the United States, verification practitioner is licensed or otherwise author- phone number, electronic mail address, and that— ized to prescribe drugs. facsimile telephone number.

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‘‘(III) A prescription is verified under sub- ‘‘(iii) ONE FEE PER INTERNET PHARMACY.— ‘‘(B) has made an untrue statement of ma- clause (I)(bb) only if 1 of the following oc- The licensing application fee and yearly re- terial fact in its licensing application; or curs: newal fee shall be paid only once for each ‘‘(C) is in violation of any applicable Fed- ‘‘(aa) The treating provider confirms, by Internet pharmacy for a fiscal year in which eral or State law relating to the dispensing direct communication with the Internet the fee is payable. of a prescription drug. pharmacy, that the prescription is accurate. ‘‘(C) FEE AMOUNT.—The amount of the li- ‘‘(8) RENEWAL EVALUATION.— ‘‘(bb) The treating provider informs the censing application fee and the yearly re- ‘‘(A) IN GENERAL.—Before renewing a li- Internet pharmacy that the prescription is newal fee for an Internet pharmacy shall be cense of an Internet pharmacy under this inaccurate and provides the accurate pre- determined each year by the Secretary based subsection, the Secretary shall conduct an scription. on the anticipated costs to the Secretary of evaluation to determine whether the Inter- ‘‘(IV) An Internet pharmacy shall not fill a enforcing the requirements of this section in net pharmacy is in compliance with this sec- prescription if— the subsequent fiscal year. tion. ‘‘(aa) a treating provider informs the Inter- ‘‘(D) ANNUAL FEE DETERMINATION.— ‘‘(B) EVALUATION OF INTERNET PHAR- net pharmacy within 72 hours after receipt of ‘‘(i) IN GENERAL.—Not later than 60 days MACIES.—At the discretion of the Secretary a communication under subclause (I)(bb) before the beginning of each fiscal year be- and as applicable, an evaluation under sub- that the prescription is inaccurate or ex- ginning after September 30, 2007, the Sec- paragraph (A) may include testing of the pired; or retary shall determine the amount of the li- Internet pharmacy website or other systems ‘‘(bb) the treating provider does not re- censing application fee and the yearly re- through which the Internet pharmacy com- spond within that time. newal fee for that fiscal year. municates with consumers, and a physical ‘‘(x) Maintain, for such period of time as ‘‘(ii) PUBLICATION OF FEE AMOUNT.—Not inspection of the records and premises of the the Secretary shall prescribe by regulation, later than 60 days before each fiscal year, the pharmacy. a record of all direct communications with a Secretary shall publish the amount of the li- ‘‘(9) CONTRACT FOR OPERATION OF PRO- treating provider regarding the dispensing of censing application fee and the yearly re- GRAM.— a prescription drug, including verification of newal fee under this section for that fiscal ‘‘(A) IN GENERAL.—The Secretary may the prescription. year and provide for a period of 30 days for award a contract under this subsection for ‘‘(3) LICENSURE PROCEDURE.— the public to provide written comments on the operation of the licensing program. ‘‘(A) ACTION BY SECRETARY.—On receipt of the fees. ‘‘(B) TERM.—The duration of a contract a complete licensing application from an under subparagraph (A) shall not exceed 5 Internet pharmacy under paragraph (2), the ‘‘(E) USE OF FEES.—The fees collected under this section shall be used, without fur- years and may be renewable. Secretary shall— ‘‘(C) PERFORMANCE REVIEW.—The Secretary ‘‘(i) assign an identification number to the ther appropriation, to carry out this section. ‘‘(F) FAILURE TO PAY FEE.— shall annually review performance under a Internet pharmacy; contract under subparagraph (A). ‘‘(ii) notify the applicant of the receipt of ‘‘(i) DUE DATE.—A fee payable under this the licensing application; and section shall be paid by the date that is 30 ‘‘(d) PROVIDERS OF INTERACTIVE COMPUTER ‘‘(iii) if the Internet pharmacy is in com- days after the date on which the fee is due. SERVICES OR ADVERTISING SERVICES.—No pro- pliance with the conditions under paragraph ‘‘(ii) FAILURE TO PAY.—If an Internet phar- vider of interactive computer services (as de- (2), issue a license not later than 60 days macy subject to a fee under this section fails fined in section 230(f) of the Communications after receipt of a licensing application from to pay the fee by the date specified under Act of 1934 (47 U.S.C. 230(f)) or an advertising the Internet pharmacy. clause (i), the Secretary shall not permit the service provider shall be liable under this ‘‘(B) ELECTRONIC FILING.— Internet pharmacy to engage in the dis- section on account of another person’s sell- ‘‘(i) IN GENERAL.—For the purpose of reduc- pensing of drugs as described under this sec- ing or dispensing of a prescription drug, so ing paperwork and reporting burdens, the tion until all such fees owed by the Internet long as the provider of the interactive com- Secretary shall require the use of electronic pharmacy are paid. puter service or the advertising service pro- methods of submitting to the Secretary a li- ‘‘(G) REPORTS.—Beginning with fiscal year vider does not own or exercise corporate con- censing application required under this sec- 2008, not later than 60 days after the end of trol over such person. each fiscal year during which licensing appli- tion and provide for electronic methods of ‘‘(e) POLICIES AND PROCEDURES REQUIRED cation fees are collected under this section, receiving the applications. TO PREVENT PAYMENTS FOR UNLAWFUL INTER- the Secretary shall submit to the Committee ‘‘(ii) AUTHENTICATION.—In providing for the NET PHARMACY REQUESTS.— on Health, Education, Labor, and Pensions of electronic submission of such licensing ap- ‘‘(1) REGULATIONS.—Not later than 180 days the Senate and the Committee on Energy plications under this section, the Secretary after designating a system under subsection and Commerce of the House of Representa- shall ensure that adequate authentication (a)(2), the Board shall promulgate regula- tives a report that describes— protocols are used to allow identification of tions that require— ‘‘(i) implementation of the licensing fee the Internet pharmacy and validation of the ‘‘(A) an operator of a credit card system authority during the fiscal year; and data as appropriate. that is a designated payment system, an op- ‘‘(ii) the use by the Secretary of the licens- ‘‘(4) DATABASE.— erator of an international, national, or local ‘‘(A) IN GENERAL.—The Secretary shall ing fees collected during the fiscal year for network used to effect a credit transaction, compile, maintain, and periodically update a which the report is made. electronic fund transfer, or money transmit- database of the Internet pharmacies licensed ‘‘(6) SUSPENSION.— ting service that is a designated payment under this section. ‘‘(A) IN GENERAL.—If the Secretary deter- system, and an operator of any other des- ‘‘(B) AVAILABILITY.—The Secretary shall mines that an Internet pharmacy is engaged ignated payment system specified by the make the database described under subpara- in a pattern of violations of any of the re- Board that is centrally managed and is pri- graph (A) and information submitted by the quirements of this Act, the Secretary may marily engaged in the transmission and set- licensee under paragraph (2)(B) available to immediately order the suspension of the li- tlement of credit transactions, electronic the public on an Internet website and cense of the Internet pharmacy. transfers, or money transmitting services through a toll-free telephone number. ‘‘(B) APPEAL OF SUSPENSION ORDER.—An where at least 1 party to the transaction or ‘‘(5) FEES.— Internet pharmacy subject to a suspension transfer is an individual; and ‘‘(A) IN GENERAL.— order under subparagraph (A) may appeal the ‘‘(i) LICENSING APPLICATION FEE.—The Sec- suspension order to the Secretary. Not later ‘‘(B) in the case of a designated payment retary shall establish a licensing application than 30 days after an appeal is filed, the Sec- system, other than a designated payment fee to be paid by all applicants. retary, after providing opportunity for an in- system described in subparagraph (A), a per- ‘‘(ii) RENEWAL FEE.—The Secretary shall formal hearing, shall affirm or terminate the son described in subsection (a)(2)(B); establish a yearly renewal fee to be paid by order. to establish policies and procedures that are all Internet pharmacies licensed under this ‘‘(C) FAILURE TO ACT.—If, during the 30-day reasonably designed to prevent the introduc- section. period specified in subparagraph (B), the Sec- tion of restricted transactions into a des- ‘‘(B) COLLECTION.— retary fails to provide an opportunity for a ignated payment system or the completion ‘‘(i) COLLECTION OF LICENSING APPLICATION hearing or to affirm or terminate the order, of restricted transactions using a designated FEE.—A licensing application fee payable for the order shall be deemed to be terminated. payment system. the fiscal year in which the Internet phar- ‘‘(D) NO JUDICIAL REVIEW.—An order under ‘‘(2) REQUIREMENTS FOR POLICIES AND PRO- macy submits a licensing application, as es- this paragraph shall not be subject to judi- CEDURES.—In promulgating regulations tablished under subparagraph (C), shall be cial review. under paragraph (1), the Board shall— payable upon the submission to the Sec- ‘‘(7) TERMINATION OF LICENSE.—The Sec- ‘‘(A) identify types of policies and proce- retary of such licensing application. retary may terminate a license issued under dures, including nonexclusive examples, that ‘‘(ii) COLLECTION OF RENEWAL FEES.—After this subsection, after notice to the Internet shall be considered to be reasonably designed the licensing application fee is paid for the pharmacy and an opportunity for a hearing, to identify and reasonably designed to pre- first fiscal year of licensure, the yearly re- and if the Secretary determines that the vent the introduction of a restricted trans- newal fee, as established under subparagraph Internet pharmacy— action in a designated payment or the com- (C), shall be payable on or before October 1 of ‘‘(A) has demonstrated a pattern of non- pletion of restricted transactions using a each subsequent fiscal year. compliance with this section; designated payment system; and

VerDate Aug 31 2005 02:54 May 03, 2007 Jkt 059060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.063 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5517 ‘‘(B) to the extent practicable, permit any ‘‘(3) submitting, for each fiscal year for ‘‘(C) shall specify the provider to which the designated payment system, or person de- which the award under this subsection is relief applies; and scribed in subsection (a)(2)(B), as applicable, made, a report to the Secretary describing ‘‘(D) shall specifically identify the location to choose among alternative means of pre- investigations undertaken with respect to of the website to be removed or to which ac- venting the introduction or completion of re- violations described in paragraph (1). cess is to be disabled.’’. stricted transactions. ‘‘(g) TRANSACTIONS PERMITTED.—A des- (d) REGULATIONS.— ‘‘(3) NO LIABILITY FOR BLOCKING OR REFUS- ignated payment system or person subject to (1) IN GENERAL.—Not later than 1 year after ING TO HONOR RESTRICTED TRANSACTION.— a regulation or an order issued under sub- the date of enactment of this Act, the Sec- ‘‘(A) IN GENERAL.—A designated payment section (e) may engage in transactions with retary of Health and Human Services shall system, or a person described in subsection licensed and unlicensed Internet pharmacies promulgate interim final regulations to (a)(2)(B), that is subject to a regulation or an in connection with investigating violations carry out the amendments made by this sec- order issued under this subsection, and any or potential violations of any rule or require- tion. participant in such payment system, that— ment adopted by the payment system or per- (2) EFFECTIVE DATE.—The requirement of ‘‘(i) prevents or otherwise refuses to honor son in connection with complying with sub- licensure under section 511 of the Federal restricted transactions, in an effort to imple- section (e). A person subject to a regulation Food, Drug, and Cosmetic Act (as added by ment the policies and procedures required or an order issued under subsection (e) and this section) shall take effect on the date de- under this subsection or to otherwise comply the agents and employees of that person termined by the Secretary of Health and with this section, shall not be liable to any shall not be found to be in violation of, or Human Services but in no event later than 90 party for such action; and liable under, any Federal, State, or other law days after the effective date of the interim ‘‘(ii) prevents or otherwise refuses to honor for engaging in any such transaction. final regulations under paragraph (1). a nonrestricted transaction in an effort to ‘‘(h) RELATION TO STATE LAWS.—No re- (e) PENALTIES.—Section 303 of the Federal implement the policies and procedures under quirement, prohibition, or liability may be Food, Drug, and Cosmetic Act (21 U.S.C. 333) this subsection or to otherwise comply with imposed on a designated payment system or is amended by adding at the end the fol- this section, shall not be liable to any party person subject to a regulation or an order lowing: for such action. issued under subsection (e) under the laws of ‘‘(g) Notwithstanding subsection (a), any ‘‘(B) COMPLIANCE WITH THIS SUBSECTION.—A any State with respect to any payment person who knowingly violates paragraph (1), person described in subsection (a)(2)(B) transaction by an individual because the (2), (3), or (4) of section 301(hh) shall be im- meets the requirements of this subsection, if payment transaction involves a payment to prisoned for not more than 10 years or fined any, if the person relies on and complies an Internet pharmacy. in accordance with title 18, United States with the policies and procedures of a des- ‘‘(i) TIMING OF REQUIREMENTS.—A des- Code, or both.’’. ignated payment system of which the person ignated payment system or a person subject is a member or in which the person is a par- to a regulation under subsection (e) shall SA 1018. Mr. DEMINT (for himself, ticipant, and such policies and procedures of adopt policies and procedures reasonably de- Mr. INHOFE, Mr. BROWNBACK, Mr. MAR- the designated payment system comply with signed to comply with any regulations re- TINEZ, Mr. VITTER, and Mr. COBURN) the requirements of the regulations under quired under subsection (e) not later than 180 submitted an amendment intended to paragraph (1)(B). days after the date on which such final regu- be proposed by him to the bill S. 1082, ‘‘(4) ENFORCEMENT.— lations are issued.’’. to amend the Federal Food, Drug, and (b) PROHIBITED ACTS.—Section 301 of the ‘‘(A) IN GENERAL.—This subsection shall be Cosmetic Act to reauthorize and amend enforced by the Federal functional regu- Federal Food, Drug, and Cosmetic Act (21 lators and the Federal Trade Commission U.S.C. 331) is amended by adding at the end the prescription drug user fee provi- under applicable law in the manner provided the following: sions, and for other purposes; as fol- in section 505(a) of the Gramm-Leach-Bliley ‘‘(hh)(1) The sale, under section 511, of a lows: Act (21 U.S.C. 6805(a)). drug that is not a prescription drug, the sale In section 214(b)(3)(B) of the bill, insert ‘‘, ‘‘(B) FACTORS TO BE CONSIDERED.—In con- of such a prescription drug without a valid except with respect to the drug Mifeprex sidering any enforcement action under this prescription from a treating provider, or the (mifepristone), such assessment shall be sub- subsection against a payment system or per- ownership or operation of an Internet phar- mitted 6 months after the applicant is so no- son described in subsection (a)(2)(B), the macy, in violation of section 511. tified’’ before the period at the end. Federal functional regulators and the Fed- ‘‘(2) The representation by advertisement, eral Trade Commission shall consider the sales presentation, direct communication SA 1019. Mr. CASEY (for himself and following factors: (including telephone, facsimile, or electronic Mr. SPECTER) submitted an amendment ‘‘(i) The extent to which the payment sys- mail), or otherwise by an Internet pharmacy, intended to be proposed by him to the that a prescription drug may be obtained tem or person knowingly permits restricted bill S. 1082, to amend the Federal Food, transactions. from the Internet pharmacy without a pre- scription, in violation of section 511. Drug, and Cosmetic Act to reauthorize ‘‘(ii) The history of the payment system or and amend the prescription drug user person in connection with permitting re- ‘‘(3) The advertisement related to a pre- stricted transactions. scription drug through any media including fee provisions, and for other purposes; ‘‘(iii) The extent to which the payment sales presentation, direct communication which was ordered to lie on the table; system or person has established and is (including telephone, facsimile, or electronic as follows: mail), by an unlicensed Internet pharmacy. maintaining policies and procedures in com- At the appropriate place, insert the fol- ‘‘(4) The provision of an untrue statement pliance with regulations prescribed under lowing: of material fact in the licensing application this subsection. of an Internet pharmacy. SEC. ll. ORPHAN DISEASE TREATMENT IN CHIL- ‘‘(iv) The feasibility that any specific rem- ‘‘(5) For purposes of this subsection, any DREN. edy prescribed can be implemented by the term used in this subsection that is also used (a) FINDING.—The Senate finds that parents payment system or person without substan- in section 511 shall have the meaning given of children suffering from rare genetic dis- tial deviation from normal business practice. that term in section 511.’’. eases known as orphan diseases face multiple ‘‘(v) The costs and burdens the specific (c) LINKS TO UNLICENSED INTERNET PHAR- obstacles in obtaining safe and effective remedy will have on the payment system or MACIES.—Section 302 of the Federal Food, treatment for their children due mainly to person. Drug, and Cosmetic Act (21 U.S.C. 332) is the fact that many Food and Drug Adminis- ‘‘(f) REPORTS REGARDING INTERNET-RE- amended by adding at the end the following: tration-approved drugs used in the treat- LATED VIOLATIONS OF FEDERAL AND STATE ‘‘(c)(1) In the case of a violation of section ment of orphan diseases in children may not LAWS ON DISPENSING OF DRUGS.—The Sec- 511 relating to an unlicensed Internet phar- be approved for pediatric indications. retary shall, pursuant to the submission of macy (as defined in such section 511), the dis- (b) SENSE OF THE SENATE.—It is the sense an application meeting criteria prescribed by trict courts of the United States and the of the Senate that the Food and Drug Ad- the Secretary, make an award of a grant or United States courts of the territories shall ministration should enter into a contract contract to an entity with experience in de- have jurisdiction to order a provider of an with the Institute of Medicine for the con- veloping and maintaining systems for the interactive computer service to remove, or duct of a study concerning measures that purpose of— disable access to, links to a website violating may be taken to improve the likelihood that ‘‘(1) identifying Internet pharmacy that section that resides on a computer serv- Food and Drug Administration-approved websites that are not licensed or that appear er that the provider controls or operates. drugs that are safe and effective in treating to be operating in violation of Federal or ‘‘(2) Relief under paragraph (1)— children with orphan diseases are made State laws concerning the dispensing of ‘‘(A) shall be available only after provision available and affordable for pediatric indica- drugs; to the provider of notice and an opportunity tions. ‘‘(2) reporting such Internet pharmacy to appear; websites to State medical licensing boards ‘‘(B) shall not impose any obligation on the SA 1020. Mr. GRASSLEY submitted and State pharmacy licensing boards, and to provider to monitor its service or to affirma- an amendment intended to be proposed the Attorney General and the Secretary, for tively seek facts indicating activity vio- by him to the bill S. 1082, to amend the further investigation; and lating section 511; Federal Food, Drug, and Cosmetic Act

VerDate Aug 31 2005 04:30 May 03, 2007 Jkt 059060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.063 S02MYPT1 ccoleman on PRODPC74 with SENATE S5518 CONGRESSIONAL RECORD — SENATE May 2, 2007 to reauthorize and amend the prescrip- propriate for adding to the expanded registry (1) processing and ingredient standards tion drug user fee provisions, and for data bank, as described in paragraph (3)(C). with respect to pet food, animal waste, and other purposes; which was ordered to ingredient definitions; and Mrs. CLINTON submitted an (2) updated standards for the labeling of lie on the table; as follows: SA 1021. amendment intended to be proposed by pet food that includes nutritional informa- Strike clause (i) of section 402(j)(3)(A) of her to the bill S. 1082, to amend the tion and ingredient information. the Public Health Service Act, as added by Federal Food, Drug, and Cosmetic Act (b) EARLY WARNING SURVEILLANCE SYSTEMS AND NOTIFICATION DURING PET FOOD RE- this bill, and insert the following: to reauthorize and amend the prescrip- ‘‘(i) IN GENERAL.— CALLS.—Not later than 180 days after the tion drug user fee provisions, and for ‘‘(I) REQUIREMENT.—Not later than 90 days date of enactment of this Act, the Secretary after the date of enactment of the Food and other purposes; which was ordered to shall by regulation establish an early warn- Drug Administration Revitalization Act, for lie on the table; as follows: ing and surveillance system to identify adul- all clinical trials (except as provided in sub- At the end of the bill, add the following: teration of the pet food supply and outbreaks clause (II)), whether federally or privately of illness associated with pet food. In estab- SEC. ll. NO SUNSET FOR SECTION 505B. lishing such system, the Secretary shall— funded, conducted to test the safety or effi- Notwithstanding any provision of this Act, cacy (including comparative efficacy), of any (1) use surveillance and monitoring mecha- an amendment made by this Act, or any nisms similar to, or in coordination with, drug or device (including those drugs or de- other provision of law, section 505B of the vices approved or cleared by the Secretary), those mechanisms used by the Centers for Federal Food, Drug, and Cosmetic Act (21 Disease Control and Prevention to monitor the Secretary shall ensure that the registry U.S.C. 355c) and the authority provided for data bank includes links to results informa- human health, such as the Foodborne Dis- under such section shall not sunset but shall eases Active Surveillance Network tion for such clinical trial— remain in effect. (FoodNet) and PulseNet; ‘‘(aa) not earlier than 30 days after the (2) consult with relevant professional asso- date of the approval of the drug involved or SA 1022. Mr. DURBIN (for himself, ciations and private sector veterinary hos- clearance or approval of the device involved; Mr. ENZI, Mr. KENNEDY, Mr. ALLARD, pitals; and or Mr. KOHL, Ms. CANTWELL, Mr. SCHU- (3) work with the Health Alert Network ‘‘(bb) not later than 30 days after such in- and other notification networks to inform formation becomes publicly available, as ap- MER, Mr. BIDEN, Mr. NELSON of Florida, veterinarians and relevant stakeholders dur- plicable. and Mr. CASEY) proposed an amend- ing any recall of pet food. ‘‘(II) EXCEPTION.—The requirement of sub- ment to the bill S. 1082, to amend the Federal Food, Drug, and Cosmetic Act SEC. l03. ENSURING EFFICIENT AND EFFECTIVE clause (I) shall not apply to phase I clinical COMMUNICATIONS DURING A RE- investigations conducted to test solely the to reauthorize and amend the prescrip- CALL. safety of an unapproved drug or unlicensed tion drug user fee provisions, and for The Secretary shall, during an ongoing re- biological product, or pilot or feasibility other purposes; as follows: call of human or pet food— studies conducted to confirm the design and At the end of the bill, insert the following: (1) work with companies, relevant profes- operating specifications of an unapproved or sional associations, and other organizations not yet cleared medical device. TITLE ll—FOOD SAFETY to collect and aggregate information per- ‘‘(III) VOLUNTARY SUBMISSION.—A respon- SEC. l01. FINDINGS. taining to the recall; sible party for a clinical trial that is not an (a) FINDINGS.—Congress finds that— (2) use existing networks of communica- applicable drug clinical trial or an applicable (1) the safety and integrity of the United tion including electronic forms of informa- device clinical trial may submit to the Sec- States food supply is vital to the public tion dissemination to enhance the quality retary results information for a clinical trial health, to public confidence in the food sup- and speed of communication with the public; described in subclause (II). ply, and to the success of the food sector of and ‘‘(IV) EXPANDED REGISTRY DATA BANK.— the Nation’s economy; (3) post information regarding recalled Notwithstanding any other provision of law, (2) illnesses and deaths of individuals and products on the Internet website of the Food the clinical trials described in subclause (I) companion animals caused by contaminated and Drug Administration in a consolidated, shall be clinical trials of which the results food— searchable form that is easily accessed and information with respect to such trials is ap- (A) have contributed to a loss of public understood by the public. propriate for adding to the expanded registry confidence in food safety; and SEC. l04. STATE AND FEDERAL COOPERATION. data bank, as described in subparagraph (C). (B) have caused significant economic losses (a) IN GENERAL.—The Secretary shall work At the end section 402(j)(4) of the Public to manufacturers and producers not respon- with the States in undertaking activities Health Service Act, as added by this bill, in- sible for contaminated food items; and programs that assist in improving the sert the following: (3) the task of preserving the safety of the safety of fresh and processed produced so ‘‘(F) TRIALS CONDUCTED OUTSIDE OF THE food supply of the United States faces tre- that State food safety programs involving UNITED STATES.— mendous pressures with regard to— the safety of fresh and processed produce and ‘‘(i) IN GENERAL.—With respect to clinical (A) emerging pathogens and other con- activities conducted by the Secretaries func- trials described in clause (ii), the responsible taminants and the ability to detect all forms tion in a coordinated and cost-effective man- party shall submit to the Secretary the in- of contamination; and ner. With the assistance provided under sub- formation required under this subsection. (B) an increasing volume of imported food section (b), the Secretary shall encourage The Secretary shall ensure that such infor- from a wide variety of countries; and States to— mation and the results of such clinical trials (C) a shortage of adequate resources for (1) establish, continue, or strengthen State are made available to the public in a timely monitoring and inspection; food safety programs, especially with respect to the regulation of retail commercial food manner and as soon as practicable after re- (4) the United States is increasing the establishments; and ceiving such information. Failure to comply amount of food that it imports such that — (2) establish procedures and requirements with this paragraph shall be deemed to be a (A) from 2003 to the present, the value of for ensuring that processed produce under failure to submit information as required food imports has increased from the jurisdiction of the State food safety pro- under this subsection, and the appropriate $45,600,000,000 to $64,000,000,000; and grams is not unsafe for human consumption. remedies and sanctions under this section (B) imported food accounts for 13 percent of the average Americans diet including 31 (b) ASSISTANCE.—The Secretary may pro- shall apply. vide to a State, for planning, developing, and percent of fruits, juices, and nuts, 9.5 percent ‘‘(ii) CLINICAL TRIAL DESCRIBED.—A clinical implementing such a food safety program— of red meat and 78.6 percent of fish and shell- trial is described in this clause if— (1) advisory assistance; fish; and ‘‘(I) such trial is conducted outside of the (2) technical assistance, training, and lab- (5) the number of full time equivalent Food United States; and oratory assistance (including necessary ma- and Drug Administration employees con- ‘‘(II) the data from such trial is— terials and equipment); and ducting inspections has decreased from 2003 ‘‘(aa) submitted to the Secretary as part of (3) financial and other assistance. to 2007. an application, including a supplemental ap- (c) SERVICE AGREEMENTS.—The Secretary plication, for a drug or device under section SEC. l02. ENSURING THE SAFETY OF PET FOOD. may, under an agreement entered into with 505, 510, 515, or 520 of the Federal Food, Drug, (a) PROCESSING AND INGREDIENT STAND- a Federal, State, or local agency, use, on a and Cosmetic Act or for the biological prod- ARDS.—Not later than 18 months after the reimbursable basis or otherwise, the per- uct under section 351 of this Act; or date of enactment of this Act, the Secretary sonnel, services, and facilities of the agency ‘‘(bb) used in advertising or labeling to of Health and Human Services (referred to in to carry out the responsibilities of the agen- make a claim about the drug or device in- this title as the ‘‘Secretary’’), in consulta- cy under this section. An agreement entered volved. tion with the Association of American Feed into with a State agency under this sub- ‘‘(iii) EXPANDED REGISTRY DATA BANK.— Control Officials, and other relevant stake- section may provide for training of State Notwithstanding any other provision of law, holder groups, including veterinary medical employees. the clinical trials described in clause (ii) associations, animal health organizations, SEC. l05. ADULTERATED FOOD REGISTRY. shall be clinical trials of which the results and pet food manufacturers, shall by regula- (a) FINDINGS.—Congress makes the fol- information with respect to such trials is ap- tion establish— lowing findings:

VerDate Aug 31 2005 02:54 May 03, 2007 Jkt 059060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.077 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5519 (1) In 1994, Congress passed the Dietary ‘‘(B) is a reportable adulterated food. istration of food facilities under section Supplement Health and Education Act (P.L. ‘‘(2) SCOPE OF ALERT.—An alert under para- 415(a). 103-417) to provide the Food and Drug Admin- graph (1) may apply to a particular food or ‘‘(9) The contact information for parties di- istration with the legal framework to ensure to food from a particular producer, manufac- rectly linked in the supply chain and noti- that dietary supplements are safe and prop- turer, shipper, growing area, or country, to fied under subsection (e)(2). erly labeled foods. the extent that elements in subparagraph (A) ‘‘(10) In the case of an importer, the ele- (2) In 2006, Congress passed the Dietary or (B) of paragraph (1) are associated with ments required for the prior notice of im- Supplement and Nonprescription Drug Con- the particular food, producer, manufacturer, ported food shipments under section 801(m). sumer Protection Act (P.L. 109-462) to estab- shipper, growing area, or country. ‘‘(g) MAINTENANCE AND INSPECTION OF lish a mandatory reporting system of serious ‘‘(d) SUBMISSION BY A CONSUMER OR OTHER RECORDS.—The responsible person or im- adverse events for non-prescription drugs INDIVIDUAL.—A consumer or other individual porter shall maintain records related to each and dietary supplements sold and consumed may submit a report to the Food and Drug report received, notification made, and re- in the United States. Administration using the electronic portal port submitted to the Food and Drug Admin- (3) The adverse event reporting system cre- data elements described in subsection (e). istration under this section and permit in- ated under the Dietary Supplement and Non- Such reports shall be evaluated by the Sec- spection of such records as provided for in prescription Drug Consumer Protection Act retary as specified in subsection (b)(2). section 414. Such records shall also be made available during an inspection under section will serve as the early warning system for ‘‘(e) NOTIFICATION AND REPORTING OF ADUL- 704. any potential public health issues associated TERATION.— with the use of these food products. ‘‘(h) REQUEST FOR INFORMATION.—Section ‘‘(1) DETERMINATION BY RESPONSIBLE PARTY 552 of title 5, United States Code, shall apply (4) A reliable mechanism to track patterns OR IMPORTER.—If a responsible party or im- to any request for information regarding a of adulteration in food would support efforts porter determines that an article of food it record in the Adulterated Food Registry. by the Food and Drug Administration to ef- produced, processed, manufactured, distrib- ‘‘(i) HOMELAND SECURITY NOTIFICATION.—If, fectively target limited inspection resources uted, or otherwise handled is a reportable after receiving a report under subsection (e), to protect the public health. adulterated food, the responsible party shall the Secretary suspects such food may have (b) IN GENERAL.—Chapter IV of the Federal provide the notifications described under been deliberately adulterated, the Secretary Food, Drug, and Cosmetic Act (21 U.S.C. 341 paragraph (2). shall immediately notify the Secretary of et seq.) is amended by adding at the end the ‘‘(2) NOTIFICATION OF ADULTERATION.— Homeland Security. The Secretary shall following: ‘‘(A) IN GENERAL.—Not later than 5 days make the data in the Adulterated Imported ‘‘SEC. 417. ADULTERATED FOOD REGISTRY. after a responsible party or importer re- Food Registry available to the Secretary of ‘‘(a) DEFINITIONS.—In this section: ceives a notification, the responsible party Homeland Security.’’. ‘‘(1) IMPORTER.—The term ‘importer’, with or importer, as applicable, shall review (c) DEFINITION.—Section 201(ff) of the Fed- respect to an article of food, means the per- whether the food referenced in the report de- eral Food, Drug, and Cosmetic Act (21 U.S.C. son who submitted the notice with respect to scribed in paragraph (1) is a reportable adul- 321(ff)) is amended by striking ‘‘section such article of food under section 801(m). terated food. 201(g)’’ and inserting ‘‘sections 201(g) and ‘‘(2) RESPONSIBLE PARTY.—The term ‘re- ‘‘(B) NOTIFICATION.—If a determination is 417’’. sponsible party’, with respect to an article of made by such responsible party or importer (d) PROHIBITED ACTS.—Section 301 of the food, means any registered food facility that the food is a reportable adulterated Federal Food, Drug, and Cosmetic Act (21 under section 415(a), including those respon- food, such responsible party or importer U.S.C. 331), as amended by this Act, is fur- sible for the manufacturing, processing, shall, no later than 5 days after such deter- ther amended by adding at the end the fol- lowing: packaging or holding of such food for con- mination is made, notify other responsible ‘‘(kk) The failure to provide a report as re- parties directly linked in the supply chain to sumption in the United States. quired under section 417(e)(3). ‘‘(3) REPORTABLE ADULTERATED FOOD.—The which and from which the article of report- ‘‘(ll) The falsification a report as required term ‘reportable adulterated food’ for pur- able adulterated food was transferred. under section 417(e)(3).’’. poses of this section means a food that is ‘‘(3) SUBMISSION OF REPORTS TO THE FOOD (e) SUSPECTED FOOD ADULTERATION REGU- adulterated or— AND DRUG ADMINISTRATION BY A RESPONSIBLE LATIONS.—The Secretary shall, within 180 ‘‘(A) presents a situation in which there is PARTY OR IMPORTER.—The responsible party days of enactment of this Act, promulgate a reasonable probability that the use of, or or importer, as applicable, shall submit a re- regulations that establish standards and exposure to, a violative product will cause port to the Food and Drug Administration thresholds by which importers and respon- serious adverse health consequences or death through the electronic portal using the data sible parties shall be required and consumers as defined in section 7.3(m)(1) of title, Code elements described in subsection (f) not later may be able to, under section 417 of the Fed- of Federal Regulations (or any successor reg- than 2 days after a responsible party or im- eral Food, Drug, and Cosmetic Act (as added ulations); or porter— by this section)— ‘‘(B) meets the threshold established in ‘‘(A) makes a notification under paragraph (1) report instances of suspected reportable section 304(h). (2)(B); or adulteration of food to the Food and Drug ‘‘(b) ESTABLISHMENT.— ‘‘(B) determines that an article of food it Administration for possible inclusion in the ‘‘(1) IN GENERAL.—Not later than 180 days produced, processed, manufactured, distrib- Adulterated Food Registry after evaluation after the date of enactment of this section, uted, imported, or otherwise handled is a re- of such report; and the Secretary shall establish within the portable adulterated food, except that if such (2) notify, in keeping with subsection (e)(2) Food and Drug Administration an Adulter- adulteration was initiated with such respon- of such section 417, other responsible parties ated Food Registry to which instances of re- sible party or importer, was detected prior to directly linked in the supply chain, includ- portable adulterated food may be submitted any transfer of such article of food, and was ing establishments as defined in section by the Food and Drug Administration after destroyed, no report is necessary. 415(b) of such Act. receipt of reports of adulteration, via an ‘‘(f) DATA ELEMENTS IN THE REGISTRY.—A (f) EFFECTIVE DATE.—The requirements of electronic portal, from— report submitted to the Food and Drug Ad- section 417(e) of the Federal Food, Drug, and ‘‘(A) Federal, State, and local public health ministration electronic portal under sub- Cosmetic Act, as added by subsection (a), officials; section (e) shall include the following data shall become effective 180 days after the date ‘‘(B) an importer; elements: of enactment of this Act. ‘‘(C) a responsible party; or ‘‘(1) Contact information for the individual SEC. l06. SENSE OF THE SENATE. ‘‘(D) a consumer or other individual. or entity submitting the report. It is the sense of the Senate that— ‘‘(2) REVIEW BY SECRETARY.—The Secretary ‘‘(2) The date on which an article of food (1) it is vital for Congress to provide the shall review and determine the validity of was determined to be adulterated or sus- Food and Drug Administration with addi- the information submitted under paragraph pected of being adulterated. tional resources, authorities, and direction (1) for the purposes of identifying adulter- ‘‘(3) A description of the article of food in- with respect to ensuring the safety of the ated food, submitting entries to the Adulter- cluding the quantity or amount. food supply of the United States; ated Food Registry, acting under subsection ‘‘(4) The extent and nature of the adultera- (2) additional inspectors are required to (c), and exercising other existing food safety tion. improve the Food and Drug Administration’s authorities under the Act to protect the pub- ‘‘(5) The disposition of the article. ability to safeguard the food supply of the lic health. ‘‘(6) Product information typically found United States; ‘‘(c) ISSUANCE OF AN ALERT BY THE SEC- on packaging including product codes, use by (3) because of the increasing volume of RETARY.— dates, and names of manufactures or dis- international trade in food products the Sec- ‘‘(1) IN GENERAL.—The Secretary shall issue tributors. retary of Health and Human Services should an alert with respect to an adulterated food ‘‘(7) Information about the place of pur- make it a priority to enter into agreements if the Adulterated Food Registry shows that chase or process by which the consumer or with the trading partners of the United the food— other individual acquired the article of adul- States with respect to food safety; and ‘‘(A) has been associated with repeated and terated food. (4) the Senate should work to develop a separate outbreaks of illness or has been re- ‘‘(8) In the case of a responsible party or an comprehensive response to the issue of food peatedly determined to be adulterated; or importer, the elements required for the reg- safety.

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ANNUAL REPORT TO CONGRESS. him to the bill S. 1082, to amend the Congress and publish on the Internet website The Secretary shall, on an annual basis, Federal Food, Drug, and Cosmetic Act of the Food and Drug Administration, a re- submit to the Committee on Health, Edu- to reauthorize and amend the prescrip- port concerning the results of the Adminis- cation, Labor, and Pensions and the Com- tion drug user fee provisions, and for tration’s pesticide residue monitoring pro- mittee on Appropriations of the Senate and gram, that includes— the Committee on Energy and Commerce and other purposes; which was ordered to (1) information and analysis similar to the Committee on Appropriations of the lie on the table; as follows: that contained in the report entitled ‘‘Food House of Representatives a report that in- At the appropriate place, insert the fol- and Drug Administration Pesticide Program cludes, with respect to the preceding 1-year lowing: Residue Monitoring 2003’’ as released in June period— SEC. ll. PROHIBITION OF REORGANIZATION of 2005; (1) the number and amount of food prod- PLAN PENDING REVIEW. (2) based on an analysis of previous sam- ucts regulated by the Food and Drug Admin- (a) IN GENERAL.—The Commissioner of ples, an identification of products or coun- istration imported into the United States, Food and Drugs may not implement a reor- tries (for imports) that require special atten- aggregated by country and type of food; ganization plan that reduces or consolidates tion and additional study (including details (2) a listing of the number of Food and the number of laboratory facilities currently on the plans for such additional studies), in- Drug Administration inspectors of imported in operation within the Office of Regulatory cluding in the initial report (and subsequent food products referenced in paragraph (1) and Affairs of the Food and Drug Administration reports as determined necessary) the results the number of Food and Drug Administra- pending a comprehensive review of the reor- and analysis of the Ginseng Dietary Supple- tion inspections performed on such products; ganization plan by the Comptroller General ments Special Survey as described on page 13 and of the United States to determine— of the report entitled ‘‘Food and Drug Ad- (1) the impact of the reorganization on the (3) aggregated data on the findings of such ministration Pesticide Program Residue mission of the Food and Drug Administra- inspections, including data related to viola- Monitoring 2003’’; tions of the Federal Food, Drug, and Cos- tion to ensure that foods, cosmetics, and medical products are safe, effective, and (3) information on the relative number of metic Act (21 U.S.C. 201 et seq.), and enforce- interstate and imported shipments of each ment actions used to follow-up on such find- properly promoted and labeled; (2) the projected cost savings; and tested commodity that were sampled, includ- ings and violations. (3) the projected operational efficiencies. ing recommendations on whether sampling is SEC. l08. RULE OF CONSTRUCTION. (b) REPORT.—Not later than 1 year after statistically significant, provides confidence Nothing in this title (or an amendment the date of enactment of this section, the intervals or other related statistical infor- made by this title) shall be construed to af- Comptroller General of the United States mation, and whether the number of samples fect— shall issue a report on the impact of the re- should be increased and the details of any (1) the regulation of dietary supplements organization plan described in subsection (a). plans to provide for such increase; and under the Dietary Supplement Health and (4) a description of whether certain com- Education Act; or SA 1025. Mr. SCHUMER (for himself, modities are being improperly imported as (2) the adverse event reporting system for Mrs. CLINTON, Mr. ENZI, Mr. HATCH, and another commodity, including a description dietary supplements created under the Die- Mr. KENNEDY) proposed an amendment of additional steps that are being planned to tary Supplement and Nonprescription Drug to the bill S. 1082, to amend the Fed- prevent such smuggling. Consumer Protection Act. eral Food, Drug, and Cosmetic Act to (b) INITIAL REPORTS.—Annual reports SEC. l09. AUTHORIZATION OF APPROPRIATIONS. reauthorize and amend the prescription under subsection (a) for fiscal years 2004 There are authorized to be appropriated to through 2006 may be combined into a single carry out this title (and the amendments drug user fee provisions, and for other report, by not later than June 1, 2008, for made by this title) such sums as may be nec- purposes; as follows: purposes of publication under subsection (a). essary. At the end of the bill, add the following: Thereafter such reports shall be completed SEC. ll. SENSE OF THE SENATE WITH RESPECT by June 1 of each year for the data collected SA 1023. Mr. DURBIN submitted an TO FOLLOW-ON BIOLOGICS. for the year that was 2-years prior to the amendment intended to be proposed by (a) FINDINGS.—The Senate finds the fol- year in which the report is published. him to the bill S. 1082, to amend the lowing: (c) MEMORANDUM OF UNDERSTANDING.—The Commissioner of Food and Drugs, the Ad- Federal Food, Drug, and Cosmetic Act (1) The Food and Drug Administration has stated that it requires legislative authority ministrator of the Food Safety and Inspec- to reauthorize and amend the prescrip- to review follow-on biologics. tion Service, and the head of the Agricul- tion drug user fee provisions, and for (2) Business, consumer, and government tural Marketing Service shall enter into a other purposes; which was ordered to purchasers require competition and choice to memorandum of understanding to permit in- lie on the table; as follows: ensure more affordable prescription drug op- clusion of data in the reports under sub- At the appropriate place, insert the fol- tions. section (a) relating to testing carried out by lowing: (3) Well-constructed policies that balance the Food Safety and Inspection Service and the Agricultural Marketing Service on meat, SEC. ll. STUDY ON FOOD INSPECTION AND the needs of innovation and affordability SAFETY USER FEES. have broad bipartisan support. poultry, eggs, and certain raw agricultural (a) IN GENERAL.—The Secretary of Health (b) SENSE OF THE SENATE.—It is the sense products, respectively. of the Senate that— and Human Services shall conduct a study to Mr. DURBIN submitted an determine the feasibility of instituting a (1) legislation should be enacted to— SA 1027. user fee program for food inspections and (A) provide the Food and Drug Administra- amendment intended to be proposed by food safety that incorporates lessons learned tion with the authority and flexibility to ap- him to the bill S. 1082, to amend the from the user fee program for prescription prove biopharmaceuticals subject to an ab- Federal Food, Drug, and Cosmetic Act drugs under chapter VII of the Federal Food, breviated approval pathway; to reauthorize and amend the prescrip- Drug, and Cosmetic Act (21 U.S.C. 371 et seq.) (B) ensure that patient safety remains tion drug user fee provisions, and for and that is designed to increase the re- paramount in the system; other purposes; which was ordered to sources and capabilities of the Food and (C) establish a regulatory pathway that is lie on the table; as follows: Drug Administration to safeguard the food efficient, effective, and scientifically- At the appropriate place, insert the fol- supply of the United States. grounded and that also includes measures to lowing: (b) REPORT TO CONGRESS.—Not later than ensure timely resolution of patent disputes; 180 days after the date of enactment of this and TITLE ll—FOOD SAFETY Act, the Secretary of Health and Human (D) provide appropriate incentives to fa- SEC. ll. FOOD SAFETY FOR HUMANS AND PETS. Services shall submit to Congress a report cilitate the research and development of in- Chapter IV of the Federal Food, Drug, and that— novative biopharmaceuticals. Cosmetic Act (21 U.S.C. 341 et seq.) is amend- (1) describes the findings of the study con- ed by adding at the end the following: ducted under subsection (a); and SA 1026. Mr. FEINGOLD submitted ‘‘SEC. 417. NOTIFICATION AND RECALL. (2) includes— an amendment intended to be proposed ‘‘(a) NOTICE TO SECRETARY OF VIOLATION.— (A) any recommendations for legislation by him to the bill S. 1082, to amend the ‘‘(1) IN GENERAL.—A person that has reason related to such findings; and Federal Food, Drug, and Cosmetic Act to believe that any food introduced into or in (B) provides details, with respect to such to reauthorize and amend the prescrip- interstate commerce, or held for sale (wheth- recommended legislation, regarding— er or not the first sale) after shipment in (i) the expected revenues for the Food and tion drug user fee provisions, and for interstate commerce, may be in violation of Drug Administration; other purposes; which was ordered to this Act shall immediately notify the Sec- (ii) the expected costs to the private sec- lie on the table; as follows: retary of the identity and location of the tor, categorized by industry; and At the appropriate place, insert the fol- food. (iii) any other relevant information. lowing: ‘‘(2) MANNER OF NOTIFICATION.—Notifica- SEC. ll. PUBLICATION OF ANNUAL REPORTS. tion under paragraph (1) shall be made in SA 1024. Mr. SALAZAR submitted an (a) IN GENERAL.—The Commissioner on such manner and by such means as the Sec- amendment intended to be proposed by Food and Drugs shall annually submit to retary may require by regulation.

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‘‘(b) RECALL AND CONSUMER NOTIFICATION; the food is not adulterated or misbranded ‘‘(B) in an emergency (as determined by VOLUNTARY ACTIONS.—If the Secretary deter- within the meaning of this Act. the Secretary), at the expense of the Sec- mines that food is in violation of this Act ‘‘(d) JUDICIAL REVIEW.— retary; and when introduced into or while in interstate ‘‘(1) IN GENERAL.—An order assessing a ‘‘(2) by order, require, as the Secretary de- commerce or while held for sale (whether or civil penalty under subsection (c) shall be a termines to be necessary, the person to im- not the first sale) after shipment in inter- final order unless the person— mediately— state commerce and that there is a reason- ‘‘(A) not later than 30 days after the effec- ‘‘(A) cease distribution of the food; and able probability that the food, if consumed, tive date of the order, files a petition for ju- ‘‘(B) notify all persons— would present a threat to public health, as dicial review of the order in the United ‘‘(i) processing, distributing, or otherwise determined by the Secretary, the Secretary States court of appeals for the circuit in handling the food to immediately cease such shall give the appropriate persons (including which that person resides or has its principal activities with respect to the food; or the manufacturers, importers, distributors, place of business or the United States Court ‘‘(ii) if the food has been distributed, trans- or retailers of the food) an opportunity to— of Appeals for the District of Columbia; and ported, or sold, to immediately cease dis- ‘‘(1) cease distribution of the food; ‘‘(B) simultaneously serves a copy of the tribution of the food. ‘‘(2) notify all persons— petition by certified mail to the Secretary. ‘‘(b) NOTIFICATION TO CONSUMERS BY SEC- ‘‘(A) processing, distributing, or otherwise ‘‘(2) FILING OF RECORD.—Not later than 45 RETARY.—The Secretary shall, as the Sec- handling the food to immediately cease such days after the service of a copy of the peti- retary determines to be necessary, provide activities with respect to the food; or tion under paragraph (1)(B), the Secretary notice of the finding of the Secretary under ‘‘(B) to which the food has been distrib- shall file in the court a certified copy of the paragraph (1)— uted, transported, or sold, to immediately administrative record upon which the order ‘‘(1) to consumers to whom the food was, or cease distribution of the food; was issued. may have been, distributed; and ‘‘(3) recall the food; ‘‘(3) STANDARD OF REVIEW.—The findings of ‘‘(2) to State and local public health offi- ‘‘(4) in conjunction with the Secretary, the Secretary relating to the order shall be cials. provide notice of the finding of the Sec- set aside only if found to be unsupported by ‘‘(c) NONDISTRIBUTION BY NOTIFIED PER- retary— substantial evidence on the record as a SONS.—A person that processes, distributes, ‘‘(A) to consumers to whom the food was, whole. or otherwise handles the food, or to which or may have been, distributed; and ‘‘(e) COLLECTION ACTIONS FOR FAILURE TO the food has been distributed, transported, or ‘‘(B) to State and local public health offi- PAY.— sold, and that is notified under section cials; or ‘‘(1) IN GENERAL.—If any person fails to pay 417(b)(2) or subsection (a)(2)(B) of this sec- ‘‘(5) take any combination of the measures a civil penalty assessed under subsection (c) tion shall immediately cease distribution of described in this paragraph, as determined after the order assessing the penalty has be- the food. by the Secretary to be appropriate in the cir- come a final order, or after the court of ap- ‘‘(d) AVAILABILITY OF RECORDS TO SEC- cumstances. peals described in subsection (d) has entered RETARY.—Each person referred to in section final judgment in favor of the Secretary, the 417 that processed, distributed, or otherwise ‘‘(c) CIVIL AND CRIMINAL PENALTIES.— Secretary shall refer the matter to the At- handled food shall make available to the ‘‘(1) CIVIL SANCTIONS.— torney General, who shall institute in a Secretary information necessary to carry ‘‘(A) CIVIL PENALTY.—Any person that com- United States district court of competent ju- out this subsection, as determined by the mits an act that violates the notification risdiction a civil action to recover the Secretary, regarding— and recall standards under subsection (b) (in- amount assessed. ‘‘(1) persons that processed, distributed, or cluding a regulation promulgated or order ‘‘(2) LIMITATION ON REVIEW.—In a civil ac- otherwise handled the food; and issued under this Act) may be assessed a tion under paragraph (1), the validity and ap- ‘‘(2) persons to which the food has been civil penalty by the Secretary of not more propriateness of the order of the Secretary transported, sold, distributed, or otherwise than $10,000 for each such act. assessing the civil penalty shall not be sub- handled. ‘‘(B) SEPARATE OFFENSE.—Each act de- ject to judicial review. ‘‘(e) INFORMAL HEARINGS ON ORDERS.— scribed in subparagraph (A) and each day ‘‘(f) PENALTIES PAID INTO ACCOUNT.—The ‘‘(1) IN GENERAL.—The Secretary shall pro- during which that act continues shall be con- Secretary— vide any person subject to an order under sidered a separate offense. ‘‘(1) shall deposit penalties collected under subsection (a) with an opportunity for an in- ‘‘(2) OTHER REQUIREMENTS.— this section in an account in the Treasury; formal hearing, to be held as soon as prac- ‘‘(A) WRITTEN ORDER.—The civil penalty and ticable but not later than 2 business days described in paragraph (1) shall be assessed ‘‘(2) may use the funds in the account, after the issuance of the order. by the Secretary by a written order, which without further appropriation or fiscal year ‘‘(2) SCOPE OF THE HEARING.—In a hearing shall specify the amount of the penalty and limitation— under paragraph (1), the Secretary shall con- the basis for the penalty under subparagraph ‘‘(A) to carry out enforcement activities sider the actions required by the order and (B) considered by the Secretary. under food safety law; or any reasons why the food that is the subject ‘‘(B) AMOUNT OF PENALTY.—Subject to ‘‘(B) to provide assistance to States to in- of the order should not be recalled. paragraph (1)(A), the amount of the civil spect retail commercial food establishments, ‘‘(f) POST-HEARING RECALL ORDERS.— penalty shall be determined by the Sec- such as an establishment that holds, stores, ‘‘(1) AMENDMENT OF ORDER.—If, after pro- retary, after considering— or transports food or food ingredients, or viding an opportunity for an informal hear- ‘‘(i) the gravity of the violation; other food or firms under the jurisdiction of ing under subsection (e), the Secretary deter- ‘‘(ii) the degree of culpability of the per- State food safety programs. mines that there is a reasonable probability son; ‘‘(g) DISCRETION OF THE SECRETARY TO that the food that is the subject of an order ‘‘(iii) the size and type of the business of PROSECUTE.—Nothing in this section or sec- under subsection (a), if consumed, would the person; and tion 418 requires the Secretary to report for present a threat to the public health, the ‘‘(iv) any history of prior offenses by the prosecution, or for the commencement of an Secretary, as the Secretary determines to be person under this Act. action, the violation of this Act in a case in necessary, may— ‘‘(C) REVIEW OF ORDER.—The order may be which the Secretary finds that the public in- ‘‘(A) amend the order to require recall of reviewed only in accordance with subsection terest will be adequately served by the as- the food or other appropriate action; (d). sessment of a civil penalty under this sec- ‘‘(B) specify a timetable in which the recall ‘‘(3) EXCEPTION.—No person shall be subject tion. shall occur; to the penalties of this subsection— ‘‘(h) REMEDIES NOT EXCLUSIVE.—The rem- ‘‘(C) require periodic reports to the Sec- ‘‘(A) for having received, proffered, or de- edies provided in this section may be in addi- retary describing the progress of the recall; livered in interstate commerce any food, if tion to, and not exclusive of, other remedies and the receipt, proffer, or delivery was made in that may be available. ‘‘(D) provide notice of the recall to con- good faith, unless that person refuses to fur- ‘‘SEC. 418. MANDATORY RECALL ACTION. sumers to whom the food was, or may have nish (on request of an officer or employee ‘‘(a) MANDATORY ACTIONS.—If a person re- been, distributed. designated by the Secretary)— ferred to in section 417(b) refuses to or does ‘‘(2) VACATION OF ORDERS.—If, after pro- ‘‘(i) the name, address and contact infor- not adequately carry out the actions de- viding an opportunity for an informal hear- mation of the person from whom that person scribed in that section within the time pe- ing under subsection (e), the Secretary deter- purchased or received the food; riod and in the manner prescribed by the mines that adequate grounds do not exist to ‘‘(ii) copies of all documents relating to Secretary, the Secretary shall— continue the actions required by the order, the person from whom that person purchased ‘‘(1) have authority to control and possess the Secretary shall vacate the order. or received the food; and the food, including ordering the shipment of ‘‘(g) REMEDIES NOT EXCLUSIVE.—The rem- ‘‘(iii) copies of all documents pertaining to the food from a food establishment, such as edies provided in this section shall be in ad- the delivery of the food to that person; or an establishment that holds, stores, or trans- dition to, and not exclusive of, other rem- ‘‘(B) if that person establishes a guaranty ports food or food ingredients, to the Sec- edies that may be available.’’. signed by, and containing the name and ad- retary— dress of, the person from whom that person ‘‘(A) at the expense of such food establish- SA 1028. Mr. ROCKEFELLER (for received in good faith the food, stating that ment; or himself, Mr. SCHUMER, Mr. LEAHY, Mr.

VerDate Aug 31 2005 02:54 May 03, 2007 Jkt 059060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.074 S02MYPT1 ccoleman on PRODPC74 with SENATE S5522 CONGRESSIONAL RECORD — SENATE May 2, 2007 KOHL, and Ms. STABENOW) submitted an ‘‘(ii) shall be filled by appointment by the in patented inventions made with Federal as- amendment intended to be proposed by appointed members described in paragraph sistance shall be preserved; him to the bill S. 1082, to amend the (1)(C) by majority vote. Federal Food, Drug, and Cosmetic Act ‘‘(C) PARTIAL TERM.—If a member of the SA 1030. Mr. SANDERS submitted an Board does not serve the full term applicable amendment intended to be proposed by to reauthorize and amend the prescrip- under subparagraph (A), the individual ap- tion drug user fee provisions, and for pointed under subparagraph (B) to fill the re- him to the bill S. 1082, to amend the other purposes; which was ordered to sulting vacancy shall be appointed for the re- Federal Food, Drug, and Cosmetic Act lie on the table; as follows: mainder of the term of the predecessor of the to reauthorize and amend the prescrip- At the end of the bill, add the following: individual. tion drug user fee provisions, and for ‘‘(D) SERVING PAST TERM.—A member of other purposes; which was ordered to SEC.ll. PROHIBITION OF AUTHORIZED the Board may continue to serve after the lie on the table; as follows: GENERICS. expiration of the term of the member until a Section 505 of the Federal Food, Drug, and successor is appointed. On page 171, between lines 18 and 19, insert the following: Cosmetic Act (21 U.S.C. 355), as amended by ‘‘(4) COMPENSATION.—Members of the Board this Act, is further amended by adding at the may not receive compensation for service on ‘‘(C) ADDITIONAL CERTIFICATION.—At the end the following: the Board. Such members may be reimbursed time of the submission of an application ‘‘(s) PROHIBITION OF AUTHORIZED GENERIC for travel, subsistence, and other necessary under section 505 of the Federal Food, Drug, DRUGS.— expenses incurred in carrying out the duties and Cosmetic Act, section 515 of such Act, ‘‘(1) IN GENERAL.—Notwithstanding any of the Board, as set forth in the bylaws section 520(m) of such Act or section 351 of other provision of this Act, no holder of a issued by the Board. the Public Health Service Act, or submission new drug application approved under sub- ‘‘(e) INCORPORATION.—The ex officio mem- of a report under section 510(k) of such Act, section (c) shall manufacture, market, sell, bers of the Board shall serve as incorporators such application or submission shall be ac- or distribute an authorized generic drug, di- and shall take whatever actions necessary to companied by a certification that all appli- rect or indirectly, or authorize any other incorporate the Foundation. cable requirements of sections 201 through person to manufacture, market, sell, or dis- ‘‘(f) NONPROFIT STATUS.—The Foundation 212 of title 35, United States Code, and any tribute an authorized generic drug. shall be considered to be a corporation under other provision of Federal law relating to ‘‘(2) AUTHORIZED GENERIC DRUG.—For pur- section 501(c) of the Internal Revenue Code Federal rights in patented inventions made poses of this subsection, the term ‘author- of 1986, shall be subject to the provisions of with Federal Government assistance, have ized generic drug’— such section, and shall be considered a non- been met, including, where applicable, the ‘‘(A) means any version of a listed drug (as profit organization for purpose of section requirement under section 201(f) of such title such term is used in subsection (j)) that the 201(i) of title 35, United States Code. that the benefits of such inventions be made holder of the new drug application approved ‘‘(g) EXECUTIVE DIRECTOR.— available to the public on reasonable terms, under subsection (c) for that listed drug ‘‘(1) IN GENERAL.—The Board shall appoint including price.’’. seeks to commence marketing, selling, or an Executive Director who shall serve at the distributing, directly or indirectly, after re- pleasure of the Board. The Executive Direc- SA 1031. Mr. SANDERS submitted an tor shall be responsible for the day-to-day ceipt of a notice sent pursuant to subsection amendment intended to be proposed by (j)(2)(B) with respect to that listed drug; and operations of the Foundation and shall have such specific duties and responsibilities as him to the bill S. 1082, to amend the ‘‘(B) does not include any drug to be mar- Federal Food, Drug, and Cosmetic Act keted, sold, or distributed— the Board shall prescribe. ‘‘(i) by an entity eligible for exclusivity ‘‘(2) COMPENSATION.—The compensation of to reauthorize and amend the prescrip- with respect to such drug under subsection the Executive Director shall be fixed by the tion drug user fee provisions, and for (j)(5)(B)(iv); or Board but shall not be greater than the com- other purposes; which was ordered to ‘‘(ii) after expiration or forfeiture of any pensation of the Commissioner. lie on the table; as follows: ‘‘(h) ADMINISTRATIVE POWERS.—In carrying exclusivity with respect to such drug under out this subchapter, the Board, acting On page 171, line 16, insert before the pe- such subsection (j)(5)(B)(iv).’’. through the Executive Director, may— riod the following: ‘‘, and that any patent ‘‘(1) adopt, alter, and use a corporate seal, filed or that will be filed contains a state- SA 1029. Mr. SANDERS submitted an which shall be judicially noticed; ment specifying that the invention was made amendment intended to be proposed by ‘‘(2) hire, promote, compensate, and dis- with Federal Government support and that him to the bill S. 1082, to amend the charge 1 or more officers, employees, and the Federal Government has certain rights Federal Food, Drug, and Cosmetic Act agents, as may be necessary, and define their in it, if such a statement is otherwise re- to reauthorize and amend the prescrip- duties; quired by law’’. tion drug user fee provisions, and for ‘‘(3) prescribe the manner in which— other purposes; which was ordered to ‘‘(A) real or personal property of the Foun- SA 1032. Mr. SANDERS submitted an dation is acquired, held, and transferred; lie on the table; as follows: amendment intended to be proposed by ‘‘(B) general operations of the Foundation him to the bill S. 1082, to amend the Beginning on page 138 strike line 5 and all are to be conducted; and Federal Food, Drug, and Cosmetic Act that follows through line 10 on page 142 and ‘‘(C) the privileges granted to the Board by insert the following: law are exercised and enjoyed; to reauthorize and amend the prescrip- ‘‘(x) specify a process for annual Board re- ‘‘(4) with the consent of the applicable ex- tion drug user fee provisions, and for view of the operations of the Foundation; ecutive department or independent agency, other purposes; which was ordered to ‘‘(xi) establish specific duties of the Execu- use the information, services, and facilities lie on the table; as follows: tive Director; and of such department or agencies in carrying On page 156, between lines 2 and 3, insert ‘‘(xii) establish specific policies to safe- out this section; the following: guard the Federal Government’s patent ‘‘(5) enter into contracts with public and ‘‘(VII) The rights of the Federal Govern- rights in inventions made with Federal as- private organizations for the writing, edit- ment in the drug or device that is the sub- sistance through the Foundation; ing, printing, and publishing of books and ject of the clinical trial.’’. ‘‘(B) prioritize and provide overall direc- other material; tion to the activities of the Foundation; ‘‘(6) hold, administer, invest, and spend ‘‘(C) evaluate the performance of the Exec- any gift, devise, or bequest of real or per- SA 1033. Mr. SANDERS submitted an utive Director; and sonal property made to the Foundation amendment intended to be proposed by ‘‘(D) carry out any other necessary activi- under subsection (i); him to the bill S. 1082, to amend the ties regarding the functioning of the Founda- ‘‘(7) enter into such other contracts, leases, Federal Food, Drug, and Cosmetic Act tion. cooperative agreements, and other trans- to reauthorize and amend the prescrip- ‘‘(3) TERMS AND VACANCIES.— actions as the Board considers appropriate to tion drug user fee provisions, and for ‘‘(A) TERM.—The term of office of each conduct the activities of the Foundation, ex- other purposes; which was ordered to member of the Board appointed under para- cept that Federal rights in patented inven- lie on the table; as follows: graph (1)(C) shall be 4 years, except that the tions made with Federal assistance shall be terms of offices for the initial appointed preserved; On page 145, between lines 11 and 12, insert members of the Board shall expire on a stag- ‘‘(8) modify or consent to the modification the following: gered basis as determined by the ex officio of any contract or agreement to which it is ‘‘(n) PROTECTING FEDERAL RIGHTS IN PAT- members. a party or in which it has an interest under ENTED INVENTIONS DEVELOPED WITH FEDERAL ‘‘(B) VACANCY.—Any vacancy in the mem- this subchapter; GOVERNMENT ASSISTANCE.—Any invention bership of the Board— ‘‘(9) take such action as may be necessary developed by the Foundation or with the ‘‘(i) shall not affect the power of the re- to obtain patents and licenses for devices funds of the Foundation shall be considered maining members to execute the duties of and procedures developed by the Foundation a subject invention for purposes of section the Board; and and its employees, except that Federal rights 201(e) of title 35, United States Code.’’.

VerDate Aug 31 2005 02:54 May 03, 2007 Jkt 059060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.075 S02MYPT1 ccoleman on PRODPC74 with SENATE May 2, 2007 CONGRESSIONAL RECORD — SENATE S5523 AUTHORITY FOR COMMITTEES TO to meet to conduct a hearing on ‘‘In- PRIVILEGES OF THE FLOOR MEET terrupting Terrorist Travel: Strength- Mr. ALLARD. Mr. President, I ask ening the Security of International COMMITTEE ON COMMERCE, SCIENCE, AND unanimous consent that Leigh Ann TRANSPORTATION Travel Documents’’ for Wednesday, Ross, a fellow in the office of Senator May 2, 2007 at 10 a.m. in Dirksen Sen- Mr. BROWN. Mr. President, I ask THAD COCHRAN, be granted the privilege unanimous consent that the Com- ate Office Building Room 226. of the floor for the duration of Senate mittee on Commerce, Science, and Panel I: Andrew Simkin, Director of debate on the 2007 FDA reauthorization Transportation be authorized to hold a Fraud Prevention Programs, Bureau of bill. Consular Affairs, Department of State, hearing during the session of the Sen- The ACTING PRESIDENT pro tem- Washington, DC; Patrick Donovan, As- ate on Wednesday, May 2, 2007, at 4 pore. Without objection, it is so or- sistant Director for Domestic Oper- p.m., in room 253 of the Russell Senate dered. ations and Acting Director of Diplo- Office Building. The purpose of the Mr. KENNEDY. Mr. President, I ask hearing is to hear the views of the five matic Security for Counter Measures, Diplomatic Security, Department of unanimous consent that Thomas most recent U.S. Nobel Laureates on Kraus, an intern on my staff, be grant- the state of the country’s scientific en- State, Washington, DC; Michael P. Everitt, Unit Chief, Forensic Docu- ed floor privileges for the remainder of terprise and the importance of sci- the debate on the Food and Drug Ad- entific investment. ments Laboratory, Immigration and Customs Enforcement, Department of ministration Revitalization Act of 2007. The PRESIDING OFFICER. Without The ACTING PRESIDENT pro tem- objection, it is so ordered. Homeland Security, Washington, DC; Paul Morris, Executive Director. Ad- pore. Without objecting it is so or- COMMITTEE ON ENERGY AND NATURAL dered. RESOURCES missibility Requirements and Migra- Mr. BROWN. Mr. President, I ask tion Control Office of Field Operations, f unanimous consent that the Com- U.S. Customs and Border Protection mittee on Energy and Natural Re- Washington, DC. sources be authorized to hold a busi- Panel II: The Honorable Ronald K. COMMENDATION OF PUBLIC ness meeting during the session of the Noble, Secretary General of Interpol, SERVANTS Lyon, France; Clark Kent Ervin, Direc- Senate on Wednesday, May 2, 2007, at 10 Mr. MENENDEZ. Madam President, I tor of Homeland Security, Aspen Insti- a.m. in room SD–366 of the Dirksen ask unanimous consent that the Home- tute, Former Inspector General of De- Senate Office Building. land Security/Governmental Affairs partment of Homeland Defense and Au- The purpose of the business meeting Committee be discharged from further thor of ‘‘Open Target: Where America is to consider the nomination of Ste- consideration of S. Res. 150, and that is Vulnerable to Attack,’’ Washington, phen J. Isakowitz to be the Chief Fi- the Senate then proceed to its consid- DC; Brian Zimmer, Senior Associate, nancial Officer of the Department of eration. Kelly, Anderson & Associates Inc., Energy, and the draft of an original The PRESIDING OFFICER. Without Former Senior Investigator, Com- bill, which is drawn from the text of objection, it is so ordered. The clerk mittee on the Judiciary, U.S. House of the following bills: will report the resolution by title. Representatives, Washington, DC. S. 731—A bill to develop a method- The legislative clerk read as follows: ology for, and complete, a national as- The PRESIDING OFFICER. Without sessment of geological storage capacity objection, it is so ordered. A resolution (S. Res. 150) expressing the sense of the Senate that public servants COMMITTEE ON SMALL BUSINESS AND for carbon dioxide, and for other pur- should be commended for their dedication ENTREPRENEURSHIP poses. and continued service to the Nation during S. 962—A bill to amend the Energy Mr. BROWN. Mr. President, I ask Public Service Recognition Week, May 7 Policy Act of 2005 to reauthorize and unanimous consent that the Com- through 13, 2007. mittee on Small Business and Entre- improve the carbon capture and stor- There being no objection, the Senate preneurship be authorized to meet dur- age research, development, and dem- proceeded to consider the resolution. ing the session of the Senate for a onstration program of the Department Mr. MENENDEZ. Madam President, I roundtable entitled ‘‘SBA Reauthoriza- of Energy and for other purposes. ask unanimous consent that the reso- tion: Small Business Loan Programs,’’ S. 987—A bill to enhance the energy lution be agreed to, the preamble be on Wednesday, May 2, 2007, beginning security of the United States by pro- agreed to, the motion to reconsider be at 10 a.m. in room 428A of the Russell moting biofuels, and for other pur- laid upon the table; that any state- Senate Office Building. poses. ments relating thereto be printed in S. 1115—A bill to promote the effi- The PRESIDING OFFICER. Without the RECORD, without further inter- objection, it is so ordered. cient use of oil, natural gas, and elec- vening action or debate. tricity, reduce oil consumption, and SPECIAL COMMITTEE ON AGING The PRESIDING OFFICER. Without heighten energy efficiency standards Mr. BROWN. Mr. President, I ask objection, it is so ordered. for consumer products and industrial unanimous consent that the Special The resolution (S. Res. 150) was equipment, and for other purposes. Committee on Aging be authorized to agreed to. The PRESIDING OFFICER. Without meet on Wednesday, May 2, 2007 from objection, it is so ordered. 10:30 a.m.–12:30 p.m. in Dirksen 628 for The preamble was agreed to. COMMITTEE ON FINANCE the purpose of conducting a hearing The resolution, with its preamble, Mr. BROWN. Mr. President, I ask concerning Nursing Home Reform. reads as follows: unanimous consent that the Com- The PRESIDING OFFICER. Without S. RES. 150 mittee on Finance be authorized to objection, it is so ordered. Whereas Public Service Recognition Week meet during the session of the Senate SUBCOMMITTEE ON STRATEGIC FORCES provides an opportunity to recognize the im- on Wednesday, May 2, 2007, at 10 a.m., Mr. BROWN. Mr. President, I ask portant contributions of public servants and in 215 Dirksen Senate Office Building, honor the diverse men and women who meet unanimous consent that the Sub- the needs of the Nation through work at all to hear testimony on ‘‘The Medicare committee on Strategic Forces of the levels of government; Prescription Drug Benefit: Monitoring Committee on Armed Services be au- Whereas millions of individuals work in Early Experiences.’’ thorized to meet in open session during government service in every city, county, The PRESIDING OFFICER. Without the session of the Senate on Wednes- and State across America and in hundreds of objection, it is so ordered. day, May 2, 2007, at 2:30 p.m., to receive cities abroad; COMMITTEE ON THE JUDICIARY testimony on Department of Energy Whereas public service is a noble calling Mr. BROWN. Mr. President, I ask Atomic Energy Defense programs in re- involving a variety of challenging and re- warding professions; unanimous consent that the Senate view of the defense authorization re- Whereas Federal, State, and local govern- Committee on the Judiciary Sub- quest for fiscal year 2008. ments are responsive, innovative, and effec- committee on Terrorism, Technology The PRESIDING OFFICER. Without tive because of the outstanding work of pub- and Homeland Security be authorized objection, it is so ordered. lic servants;

VerDate Aug 31 2005 04:22 May 03, 2007 Jkt 059060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A02MY6.076 S02MYPT1 ccoleman on PRODPC74 with SENATE S5524 CONGRESSIONAL RECORD — SENATE May 2, 2007 Whereas the United States of America is a ter represent America’s interests and pro- ORDERS FOR THURSDAY, MAY 3, great and prosperous Nation, and public mote American ideals; 2007 service employees contribute significantly to Whereas public servants alert Congress and that greatness and prosperity; the public to government waste, fraud, Mr. MENENDEZ. Madam President, I Whereas the Nation benefits daily from the abuse, and dangers to public health; ask unanimous consent that when the knowledge and skills of these highly trained Whereas the men and women serving in the Senate completes its business today, it individuals; Armed Forces of the United States, as well stand adjourned until 9:30 a.m., Thurs- Whereas public servants— as those skilled trade and craft Federal em- day, May 3; that on Thursday, fol- (1) provide vital strategic support func- ployees who provide support to their efforts, lowing the prayer and the pledge, the tions to our military and serve in the Na- are committed to doing their jobs regardless Journal of proceedings be approved to tional Guard and Reserves; of the circumstances, and contribute greatly date, the morning hour be deemed to (2) fight crime and fire; to the security of the Nation and the world; (3) ensure equal access to secure, efficient, Whereas public servants have bravely have expired, and the time for the two and affordable mail service; fought in armed conflict in defense of this leaders be reserved for their use later (4) deliver social security and medicare Nation and its ideals and deserve the care in the day; that the Senate then re- benefits; and benefits they have earned through their sume consideration of S. 1082 and there (5) fight disease and promote better health; honorable service; be an hour of debate prior to a vote on (6) protect the environment and the Na- Whereas government workers have much the motion to invoke cloture on the tion’s parks; to offer, as demonstrated by their expertise (7) enforce laws guaranteeing equal em- Dorgan amendment No. 990, with the and innovative ideas, and serve as examples time equally divided and controlled be- ployment opportunities and healthy working by passing on institutional knowledge to tween Senator DORGAN and the Repub- conditions; train the next generation of public servants; (8) defend and secure critical infrastruc- Whereas May 7 through 13, 2007, has been lican leader or his designee; that upon ture; designated Public Service Recognition Week the use or yielding back of the time, (9) help the Nation recover from natural to honor America’s Federal, State, and local the Senate proceed to vote on that mo- disasters and terrorist attacks; government employees; and tion to invoke cloture; and that Mem- (10) teach and work in our schools and li- Whereas Public Service Recognition Week bers have until 10 a.m. to file any sec- braries; is celebrating its 23rd anniversary through (11) develop new technologies and explore ond-degree amendments. job fairs, student activities, and agency ex- the earth, moon, and space to help improve The PRESIDING OFFICER. Without hibits: Now, therefore, be it our understanding of how our world changes; objection, it is so ordered. (12) improve and secure our transportation Resolved, That the Senate— systems; (1) commends public servants for their out- f (13) keep the Nation’s economy stable; and standing contributions to this great Nation during Public Service Recognition Week and (14) defend our freedom and advance United ADJOURNMENT UNTIL 9:30 A.M. States interests around the world; throughout the year; Whereas members of the uniformed serv- (2) salutes their unyielding dedication and TOMORROW ices and civilian employees at all levels of spirit for public service; Mr. MENENDEZ. Madam President, government make significant contributions (3) honors those government employees if there is no further business today, I to the general welfare of the United States, who have given their lives in service to their ask unanimous consent that the Sen- and are on the front lines in the fight country; ate stand adjourned under the previous against terrorism and in maintaining home- (4) calls upon a new generation to consider land security; a career in public service as an honorable order. Whereas public servants work in a profes- profession; and There being no objection, the Senate, sional manner to build relationships with (5) encourages efforts to promote public at 6:24 p.m., adjourned until Thursday, other countries and cultures in order to bet- service careers at all levels of government. May 3, 2007, at 9:30 a.m.

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TRIBUTE TO FORT MASSAC ON formance. The three poems recited by Ms. to hazardous waste shipments or in some IT’S 250TH ANNIVERSARY Harris were: The Cremation of Sam McGee, way would be incompatible with U.S. obliga- by Robert Service; Mrs. Krikorian by Sharon tions under the North American Free Trade Olds; and, The Weary Blues, by Langston Agreement and WTO agreements. Neither of HON. JOHN SHIMKUS these observations is correct. OF ILLINOIS Hughes. IN THE HOUSE OF REPRESENTATIVES The ‘‘Poetry Out Loud’’ program, sponsored First, the bill expressly applies only to by the National Endowment for the Human- ‘‘foreign municipal solid waste,’’ not haz- Tuesday, May 1, 2007 ities, builds on the resurgence of poetry as an ardous waste (new section 4011) (f)(2)). Fur- Mr. SHIMKUS. Madam Speaker, I rise today oral art form. Through this important endeavor, ther, hazardous waste is explicitly excluded to honor the 250th anniversary of one of the students master public speaking skills, build from the term ‘‘municipal solid waste’’ (new most important historic sites in Southern Illi- self-confidence, and learn about their literary section 4011 (f)(3)(B)(i)). nois. heritage. I am proud that the Michigan Hu- With regard to the issue of whether H.R. It was in 1757, during the French and Indian manities Council has been a strong supporter 518 is compatible with our international War, that French pioneers exploring the lower of ‘‘Poetry Out Loud,’’ and that Holt High trade obligations, the bill explicitly pre- Ohio and Mississippi River valleys built Fort l’ School has been so active in fostering a re- serves prior law relating to international trade obligations. New section 4011(a)(3) pro- Ascension on a strategic bluff over the Ohio, newed interest in poetry. near the present-day community of Metropolis, Madam Speaker, I am proud to rise today to vides as follows: Illinois. Two years later, the site was renamed celebrate Sarah Harris’s extraordinary ‘‘(3) Trade and Treaty Obligations.—Noth- Fort Massiac. After the Revolutionary War, achievement. Her passion, creativity and dedi- ing in this section affects, replaces, or President George Washington ordered the site cation indeed serve as an example to us all. amends prior law relating to the need for rebuilt, and in 1794 the fort was reconstructed I ask my colleagues to join me in recognizing consistency with international trade obliga- tions. as Fort Massac. The fort is the namesake for Ms. Harris for her State Championship and to Massac County and for Fort Massac State wish her the best of luck in the National Thus, Canada retains all of its rights under Park, which has served generations of Illi- Finals. the North American Free Trade Agreement (NAFTA) and the World Trade Organization noisans with the opportunity to see history f with their own eyes; to gain a greater under- (WTO) agreements to challenge a State ac- INTERNATIONAL SOLID WASTE IM- standing of how our region and our nation tion alleged to be inconsistent. Domestic PORTATION AND MANAGEMENT waste trade measures that allegedly violate were built; and to see the difficulties that our ACT OF 2007 NAFTA might be challenged under the pioneers encountered as they settled the area NAFTA general dispute settlement chapter. we now call home. This gift is due in large SPEECH OF Even where a measure is alleged to be in- part to the hard work of Friends of the Fort, consistent with NAFTA, the Congressional and the staff of Fort Massac State Park who HON. JOHN D. DINGELL OF MICHIGAN Research Service has noted that there may have preserved this treasure for us. In 1908, IN THE HOUSE OF REPRESENTATIVES be general exceptions incorporated from Ar- Fort Massac became Illinois’ first state park. Tuesday, April 24, 2007 ticle XX of the GATT 1994 that allow parties Each October, Fort Massac is the site of the to adopt or enforce measures necessary to Fort Massac Encampment, a re-creation of life Mr. DINGELL. Madam Speaker, I ask that protect human, animal, or plant life or in Southern Illinois during the late 1700s which my letter be inserted in the RECORD as part of health and measures relating to the con- draws nearly 80,000 visitors. Several week- the consideration of H.R. 518, the International servation of exhaustible natural resources if ends during the year are dedicated to living Solid Waste Importation and Management Act such measures are made effective in conjunc- history, giving visitors the unique opportunity of 2007, which passed under suspension of tion with restriction on domestic production to see life as it was two hundred years ago. the rules on April 24, 2007. This letter re- or consumption. I want to thank Sue Barfield, President of sponds to the letter received by the Speaker Finally, your letter states that there are Friends of the Fort, and Terry Johnson, site from Mr. Justin McCarthy, Assistant U.S. other ways to address concerns about im- superintendent of Fort Massac State Park, as Trade Representative for Congressional Af- ports of foreign waste, noting as an example well as all the local residents and historians fairs, and the Hon. Jeffrey T. Bergner, Assist- the U.S.-Canada Agreement Concerning the who have put so much dedication into pre- ant Secretary of State for Legislative Affairs, Transboundary Movement of Hazardous serving Fort Massac for future generations to regarding H.R. 518. Waste. I would hope you are aware that H.R. 518 is providing the Environmental Protec- enjoy. HOUSE OF REPRESENTATIVES, tion Agency (EPA) with the requisite statu- f COMMITTEE ON ENERGY AND COMMERCE tory authority necessary to enforce that Washington, DC, April 30, 2007. RECOGNIZING SARAH HARRIS, very agreement as it applies to municipal Mr. JUSTIN J. MCCARTHY solid waste. EPA has maintained that it can- MICHIGAN’S 2007 ‘‘POETRY OUT Assistant U.S. Trade Representative, for Con- not fully implement and enforce the U.S.- LOUD’’ STATE CHAMPION gressional Affairs Office of the U.S. Trade Canada bilateral agreement without the au- Representative, Washington, DC. thority provided by H.R. 518 in new section Hon. JEFFREY T. BERGNER HON. MIKE ROGERS 4011(c). OF MICHIGAN Assistant Secretary of State for Legislative Af- I also note that almost four years ago EPA IN THE HOUSE OF REPRESENTATIVES fairs U.S. Department of State, Washington, DC. officials testified that the current Adminis- Tuesday, May 1, 2007 DEAR MR. MCCARTHY AND ASSISTANT SEC- tration would submit the necessary imple- Mr. ROGERS of Michigan. Madam Speaker, RETARY BERGNER: I have obtained a copy of menting legislation for the U.S.-Canadian bi- today I rise to pay tribute to Sarah Harris for your April 23, 2007, letter to Speaker Nancy lateral agreement ‘‘soon.’’ No such legisla- Pelosi expressing the Administration’s con- her victory in the 2007 ‘‘Poetry Out Loud’’ tive proposal has ever been submitted by cern with H.R. 518, the International Solid President Bush. Michigan State Championship. Waste Importation and Management Act of You should be aware that H.R. 518 directs Besting 8 other contestants from around 2007. I sponsored this bipartisan bill with the the EPA Administrator to implement the Michigan to take the State title in March, Ms. entire Michigan delegation and a number of U.S.Canadian bilateral agreement within 24 Harris earned a trip to the National Finals held other Members of the House of Representa- months and, as noted above, provides the this week in Washington, DC. For the competi- tives. It was favorably reported by the Sub- necessary authority to enforce its provisions tion, each student recited three poems, and committee on Environment and Hazardous Materials and the full Committee on Energy with respect to municipal solid waste. Thus, four judges graded each recitation based on our bill would give effect to the U.S.-Canada five categories: Physical Presence and Pos- and Commerce in late March and passed the House of Representatives on April 23, 2007, by bilateral agreement and ensure that it is im- ture; Voice Projection and Articulation; Appro- a voice vote without opposition. plemented. The passage of H.R. 518 is impor- priateness of Dramatization; Level of Difficulty; Your letter implies and attempts to raise tant to the people of Michigan and similarly Evidence of Understanding; and, Overall Per- concerns that H.R. 518 would somehow apply affected States.

∑ 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 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E910 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2007 I hope this correspondence serves to in the part of southeastern Massachusetts I at SMAST. He also is chairman of New Bed- correct any misunderstandings con- have the privilege of representing, is the Uni- ford Mayor Scott W. Lang’s Ocean and Fish- cerning H.R. 518. versity of Massachusetts Dartmouth. The eries Council and is co-director of the Massa- Sincerely, chusetts Marine Fisheries Institute. school has a justified reputation as a key According to NOAA, Dr. Rothschild is ‘‘one JOHN D. DINGELL, agent for economic and educational develop- of the most cited fishery scientists in the Chairman. ment in the region, particularly along the world,’’ having published more than 100 sci- State’s south coast. One of the reasons for entific papers and book chapters. His re- Hon. NANCY PELOSI that reputation is Professor Brian Rothschild, search interests include population dynam- Speaker, House of Representatives, who was until recently the Dean of UMass ics, biological oceanography, fisheries man- Washington, DC. agement and natural resources policy. DEAR MADAM SPEAKER: This letter is to ex- Dartmouth’s School for Marine Science and press the Administration’s concern with H.R. Technology, SMAST, and currently serves as Before arriving at SMAST in 1995. Dr. 518, the International Solid Waste Importa- the school’s Montgomery Charter Professor of Rothschild held professorships at the Univer- sity of Washington and the Center for Envi- tion and Management Act of 2007. H.R. 518 Marine Science and Technology, as well as would authorize states to restrict the receipt ronmental and Estuarine Studies at the Uni- Co-Director of the Massachusetts Marine Fish- versity of Maryland. He spent a decade work- and disposal of municipal solid waste gen- eries Institute, and Chairman of New Bedford erated outside the United States. ing for NOAA as a policy adviser and direc- The Administration is concerned that en- Mayor Scott Lang’s Ocean and Fisheries tor of several offices. He has consulted on actment of H.R. 518 would have the unin- Council. fishery issues for the United Nations’ Food tended result of increasing the disposal of I was delighted to learn that the National and Agriculture Organization in India and hazardous waste in the United States and Oceanic and Atmospheric Administration, Namibia and with the governments of Great lead to an unnecessary trade dispute. Ac- NOAA, recently named Dr. Rothschild as one Britain, Korea, Egypt, Peru, France and the cording to the Environmental Protection of the recipients of the agency’s 2007 Sustain- Republic of Ireland. Agency, approximately 230 U.S. companies. The sustainable fisheries leadership awards able Fisheries Leadership Awards. I can’t think will be presented during a ceremony in in over 32 states shipped hazardous waste to of anyone who is more deserving of this Canada in 2004 alone. If states use the au- Washington, D.C., on June 7. thority in H.R. 518 to restrict foreign waste award, or who better exemplifies the effort to imports, this could provoke reciprocal ac- harness science in the furtherance of sustain- f tions by Canada or other trading partners able fisheries. I have found him to be not only against u.s. waste exports. an accurate, completely reliable source of in- A TRIBUTE TO STEVE DONAHUE In addition, because H.R. 518 would author- formation, but also someone who consistently ize states to enact laws or regulations that offers creative solutions to fishery science and HON. JOE COURTNEY exclusively restrict the disposal of foreign- management problems. In other words, he not OF CONNECTICUT generated waste or limit the amount of for- eign waste shipped to the United States, it only possesses extraordinary scientific acu- IN THE HOUSE OF REPRESENTATIVES could raise concerns by our trading partners men—he also uses it in the service of larger, Tuesday, May 1, 2007 regarding U.S. compliance with inter- societal goals. national rules prohibiting trade discrimina- For him, sustainability means a fishery that Mr. COURTNEY. Madam Speaker, last tion. In fact, the Government of Canada has supports both healthy stocks and healthy fish- week Steve Donahue, a longtime community already questioned whether H.R. 518, as well ing communities. Knowing of his commitment leader and friend from my district, passed as the state laws and regulations it could to this concept, I was not surprised he was away. I want to take this opportunity to honor lead to, would be compatible with U.S. obli- chosen to head New Bedford’s Ocean and his life, mourn his passing and pray for his gations under the North American Free Fisheries Council. This position has given him wife and four children. Trade Agreement and WTO agreements. Moreover, H.R. 518 could result in a patch- a broader platform from which to promote sus- Steve was beloved by his friends and neigh- work of individual and possibly conflicting tainability, and his advice and contributions bors. As the longtime Chief of the Pawcatuck state and federal laws and regulations on the continue to be valuable, whether they relate to Fire Department, he commanded an abound- receipt and disposal of foreign municipal the recently enacted Magnuson Reauthoriza- ing level of respect among his colleagues and waste that could make it more difficult to tion bill, environmental factors that affect fish community, and touched the lives of hundreds. manage cross-border waste flows in an envi- stock abundance, how to more accurately de- Steve was a young man of only 48 years. ronmentally sound and economically effi- termine fish populations in multi-species fish- Although I wish that he had more time to cient manner. spend with us, Steve certainly made the most Finally, there are other ways to address eries, or other vital research areas. concerns about imports of foreign waste. For Madam Speaker, in view of Professor Brian out of what time he had. It is difficult to find example, the U.S.-Canada Agreement Con- Rothschild’s distinguished career in fishery someone in Pawcatuck who doesn’t have any- cerning the Transboundary Movement of science, and in recognition of his many con- thing but flattering things to say about Steve. Hazardous Waste has been a successful mech- tributions to that discipline in southeastern Hundreds of people from the community anism for managing the flow of hazardous Massachusetts and all of New England, I ap- came to pay their respects at Steve’s funeral waste between our countries and illustrates plaud NOAA’s decision to honor him with a last Saturday. He was a man of great integrity how issues relating to this type of trade can Sustainable Fisheries Leadership A ward, and who made friends everywhere he went. be handled in a manner that does not raise I ask that the recent New Bedford Standard- Today I join my colleagues in Congress to concerns for our trading partners. We appreciate your attention to these Times article noting this achievement be print- celebrate Steve’s life and to pray for his wife concems. The Office of Management and ed here. Mary Lynne, and their four children. Steve, we Budget advises that there is no objection to [From the New Bedford Standard-Times, will miss you. the submission of this report from the stand- April 21, 2007] point of the President’s program. UMD’S ROTHSCHILD WINS NOAA AWARD f Sincerely, (By Becky W. Evans) JUSTIN MCCARTHY, NEW BEDFORD.—Fishery scientist Brian ARTICLE BY THOMAS M. RUYLE Assistant U.S. Trade Rothschild has won the National Oceanic Representative for and Atmospheric Administration’s sustain- HON. IKE SKELTON Congressional Af- able fisheries leadership award for his con- OF MISSOURI fairs. tributions to marine science and education. JEFFREY T. BERGNER, Dr. Rothschild, former dean of the UMass IN THE HOUSE OF REPRESENTATIVES Assistant Secretary of Dartmouth School for Marine Science and Tuesday, May 1, 2007 State for Legislative Technology, is one of seven recipients of the Affairs. award, created in 2005 to recognize individ- Mr. SKELTON. Madam Speaker, Thomas f uals, organizations and industries ‘‘whose M. Ruyle wrote an excellent article, entitled contributions to science and management ‘‘Army Stretched Beyond Limits’’, which ap- PROFESSOR BRIAN ROTHSCHILD have served to promote best stewardship peared in the Sedalia Democrat on April 12, HONORED BY NOAA practices for the sustained use of the na- 2007. This article accurately describes the cur- tion’s living marine resources,’’ according to rent state of our Army and the challenges it NOAA’s Office of Constituent Services. HON. BARNEY FRANK ‘‘I feel very appreciative of people who rec- faces. I wish to share Mr. Ruyle’s writing with OF MASSACHUSETTS ommended me for this honor,’’ Dr. Roth- the rest of the chamber: IN THE HOUSE OF REPRESENTATIVES schild said. ‘‘I have dedicated my whole ca- [FROM THE SEDALIA DEMOCRAT, APR. 12, 2007] Tuesday, May 1, 2007 reer to service and it is nice to have some ARMY STRETCHED BEYOND LIMITS recognition.’’ Mr. FRANK of Massachusetts. Madam Dr. Rothschild is the Montgomery Charter (BY THOMAS M. RUYLE) Speaker, one of the most important institutions Professor of Marine Science and Technology The Army is broken.

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 2, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E911 Defense Secretary Robert Gates’ announce- THANKING DAVID (DAVE) FOLK from Indiana University with a degree in crimi- ment yesterday that all active-duty soldiers FOR HIS SERVICE TO THE HOUSE nal justice. During his many years as a South- currently serving in Iraq would have their east South Bend beat officer, he received 18 rotations extended by three months is the commendations and was Officer of the Month latest evidence that our military cannot HON. ROBERT A. BRADY OF PENNSYLVANIA in 2006. meet the demands placed on it. Corporal Polizzotto leaves behind his par- IN THE HOUSE OF REPRESENTATIVES Furthermore, the Pentagon this week ents, his son, Joseph, a brother and sister and alerted four National Guard brigades for a Tuesday, May 1, 2007 countless relatives and friends who loved him. second tour in Iraq, long before those units Mr. BRADY of Pennsylvania. Madam South Bend has lost a brave guardian. have had five years at home since their last Madam Speaker, we grieve for our hero, deployment, as policy dictates. Speaker, on the occasion of his retirement on May 2, 2007, we rise to thank Mr. David C. Corporal Nick Polizzotto. May God welcome Some active-duty units, such as the 3rd Folk for 20 years of distinguished service to him home and give comfort to his family and Brigade, 3rd Infantry Division, are serving friends. their third tour in Iraq in four years. the United States House of Representatives. David has served this great institution as a f They recently returned to Iraq after a valuable employee for the Chief Administrative shortened rest and re-training period. Newer IN HONOR OF PETER DELFINO Officer. soldiers have, in many cases, not had the David began his tenure with the United time to train with their new comrades before HON. SAM FARR States House of Representatives in May of being sent into battle. OF CALIFORNIA 1987 as a data communications specialist in Reserve units that have already served are IN THE HOUSE OF REPRESENTATIVES the House Information Systems group. David’s woefully short on equipment and ammuni- Tuesday, May 1, 2007 tion to properly retrain, either for the maw career at the House is one of consistent and of Iraq or defending America itself. The Ma- steady contributions while meeting customer Mr. FARR. Madam Speaker, I rise today to rine Corps recently announced that jungle requests in voice and data wiring infrastruc- honor the life and memory of Peter J. Delfino, training—a Corps mainstay—will be sus- ture. Specifically, David managed the rewiring a man who was famous throughout the Mon- pended as that service is forced to con- upgrade of the House side of the Capitol and terey Bay area for his great gusto for life. centrate all resources on training for Iraq. the Member Offices in all of the House Office Peter was born in San Francisco to Nick In the event of a major conflict erupting Buildings. and Angie Delfino on December 29, 1917. His between the U.S. and another nation—Iran, He also was the Quality Assurance Eval- family soon moved to a farm in Moss Landing North Korea and Pakistan come imme- uator on the original House Infrastructure con- where he and his brother Louie helped with diately to mind—America’s ground forces, tract and assisted in the development of dif- the artichokes and other fresh vegetables they particularly the Army, are in no way, shape fering voice systems such as the Member grew. Peter went to work for Bank of America or form capable of responding appropriately. Paging System and the press secretaries sys- after graduation from Monterey High School, Meanwhile, the current administration— tems for the broadcast media organizations. but his heart remained on the farm. Ten years particularly the vice president—continues to Finally, David managed the first Secure Com- later, he joined the Odello family in growing maintain that everything is progressing as munications program for the House and grew artichokes on the banks of the Carmel River, scheduled in Iraq, and that anyone who begs it from its infancy to where it is today. and he continued to farm until he retired. to differ is a defeatist or unpatriotic. Trou- David has been a key contributor to the The Italian community in Monterey has al- ble is, there was no schedule and little plan- ways provided a busy social calendar, and ning involved in the Iraq debacle. CAO efforts on wiring infrastructure. His stand- ard of excellence, dedication to passionate Peter met his wife, Mary, through these activi- The administration went to Iraq on a plat- ties. They were married on September 30, form of lies, failed to heed the warnings of customer service, organizational skills, profes- sionalism and ability to get the job done is well 1945. They had one son, Alan, three grand- senior military officers and other warfare ex- children, and a great-granddaughter. perts, and did not react appropriately when noted by his colleagues. On behalf of the entire House community, Peter’s other passion was picturesque prop- things started going bad in Iraq shortly after erties in Carmel and Carmel Valley, Big Sur the invasion. we extend congratulations to David for many and Lake Tahoe. Family and friends spent Indeed, under Donald Rumsfeld, the de- years of dedication and outstanding contribu- tions to the United States House of Rep- many memorable weekends at these places, fense establishment followed the ‘script’ especially at his famous wild boar and lamb rather than act to prevent the looming reali- resentatives. We wish David many wonderful BBQs in Big Sur. ties that are obvious now. years in fulfilling his retirement dreams. Peter loved being with people and belonged Since 2001, America’s military has been en- f to several service clubs. After retirement he gaged full-time in two separate wars: The HONORING NICK POLIZZOTTO took great pleasure in helping friends in the War on Terrorism (primarily in Afghani- construction industry with their various projects stan), and (since 2003) a second, unnecessary war that has only begotten more terrorism, HON. JOE DONNELLY as it kept him working outside and in their company. Throughout his 89 years he enjoyed further destabilized the Middle East and left OF INDIANA America very vulnerable. life to the fullest, and was never shy about IN THE HOUSE OF REPRESENTATIVES As an Army National Guard veteran of the striking up conversations with anyone he met. Tuesday, May 1, 2007 Iraq War, I’ve seen firsthand the toll that a Madam Speaker, I honor the life of Peter combat deployment will have on a unit, its Mr. DONNELLY. Madam Speaker, I rise Delfino, a man who worked hard and diligently equipment, soldiers and, their families. It today in tribute to Corporal Nick S. Polizzotto, at a job he loved, and who made the world a takes years for a unit to properly recover nine year veteran of the South Bend Police happier place as he passed through. and be ready to deploy again. Department, who gave his life in the line of f Sending units back to Iraq on a speeded-up duty. For the people of South Bend, Indiana, TRIBUTE TO VIVIAN BERRYHILL schedule is a, disservice to not only the sol- Corporal Polizzotto is indeed a hero. diers and families affected, but America’s On April 24, 2007, a report of gunshots HON. STEVE COHEN long-term strategy (if there is one) in Iraq as brought Corporal Polizzotto and his partner, well as America itself. OF TENNESSEE Patrolman Michael Norby, to a local motel. IN THE HOUSE OF REPRESENTATIVES All the while, there has been no effort to There, at 1:37 a.m., an armed suspect shot expand the military or adequately address both policemen, killing Corporal Polizzotto. Pa- Tuesday, May 1, 2007 the equipment shortcomings of units after trolman Norby credits Corporal Polizzotto with Mr. COHEN. Madam Speaker, I rise today serving in the harsh climate of the Middle East. saving his life. to honor Vivian Berryhill, President and found- Our community has lost a beloved family er of the National Coalition of Pastors’ The recent spate of Guard alerts, tour ex- member, a generous friend, a devoted father Spouses. In her role with NCPS and as First tensions and shortened rest periods are in- and a dedicated protector. Often described as Lady of the New Philadelphia Baptist Church dicative of a problem that the Pentagon and administration utterly refuse to acknowl- having a heart of gold, he proudly wore his in Memphis, TN, Mrs. Berryhill has been a edge: The United States Army is broken, and uniform and bravely patrolled the streets of goodwill ambassador across the world, con- it will take billions of dollars over at least a our city until making the ultimate sacrifice. ducting global outreach on HIV/AIDS. In addi- decade to bring the Army back up to a fully Born and raised in South Bend, Nick always tion to her passionate charitable work, Mrs. competent readiness level. wanted to be a police officer and graduated Berryhill is also an acclaimed songwriter.

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E912 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2007 Madam Speaker, I commend Vivian Berryhill sufficient medical expertise. It improves eligi- National Association of Letter Carriers. For the for her tireless dedication to numerous noble bility requirements for designation as a cer- last 15 years the NALC has annually con- causes. After receiving a Jefferson Award and tified development company (CDC), revises ducted what has become the largest food its accompanying $500 gift, Mrs. Berryhill and procedures around the foreclosure and liquida- drive in the nation. This food drive is unique her husband, Pastor Chester Berryhill, jour- tion of defaulted small business loans, and au- because it allows anyone with a mailbox the neyed from Olive Branch, MS to Washington, thorizes loans for projects that reduce energy opportunity to take part. By participating in this DC and headed directly to the Walter Reed consumption by at least 10 percent. food drive we are all building stronger neigh- Army Medical Center to distribute 500 copies I encourage my colleagues to support this borhoods and strengthening our local commu- of Mrs. Berryhill’s original song, ‘‘Tomorrow resolution. This can help us gain and retain a nities. Because of this event we are given the E’vrything Will B Alright.’’ After hearing of the lead in economic prosperity and quality of life. opportunity to support those in our commu- conditions at Walter Reed, Mrs. Berryhill was f nities who, far too often, go without. inspired to share her music and its soul-heal- For the past three years the sheer quantity ing effects, and immediately created 50O new SMALL BUSINESS LENDING of food collected has been staggering. Last copies of her song and placed them onto CDs IMPROVEMENTS ACT OF 2007 year 70.5 million pounds of food were distrib- to share with our wounded soldiers. uted in communities throughout this country. SPEECH OF Upon being greeted with an overwhelming That was the third straight year where the show of support and the warmest of recep- HON. SILVESTRE REYES amount of food distributed has exceeded 70 tions, Mrs. Berryhill and the pastors’ spouses OF TEXAS million pounds. Over the past 15 years the grand total of food collected is more than will be reproducing additional copies of this IN THE HOUSE OF REPRESENTATIVES song and will return to Walter Reed in 3–4 three quarters of a billion pounds of food. Wednesday, April 25, 2007 weeks to distribute them. These totals have helped make the NALC Na- Madam Speaker, it is for her noble and un- Mr. REYES. Mr. Chairman, I rise in strong tional Food Drive the largest single day food flagging efforts to make this world a better support of the Small Business Lending Im- drive in the nation. place that I recognize Vivian Berryhill. provement Act of 2007 (H.R. 1332). This year NALC president William H. Young has challenged all of the local branches f The U.S. maintains its position as a world leader in technological innovation and eco- throughout the country to increase their food SMALL BUSINESS LENDING nomic prosperity largely because of the talent totals by 10 percent. This challenge has in- IMPROVEMENTS ACT OF 2007 of its citizens, its strong educational system spired one of the largest publicity campaigns and the entrepreneurial spirit of its small busi- in NALC Food Drive history as well as encour- SPEECH OF ness owners. From developing innovative so- aged good natured competition between re- HON. RUSH D. HOLT lutions to our most pressing problems, to suc- gional branches. I know that the Letter Car- cessfully introducing these solutions into local riers of 10th Congressional District of Cali- OF NEW JERSEY fornia will make us proud. IN THE HOUSE OF REPRESENTATIVES and world markets, American small business is crucial to our strength as a country. The NALC National Food Drive is distinctive Wednesday, April 25, 2007 Small businesses, however, face difficult in how the food is distributed. It strengthens community ties because all of the food col- The House in Committee of the Whole challenges. In particular, many small busi- House on the State of the Union had under nesses lack capital, making it difficult to ac- lected by local carriers goes back into those consideration the bill (H.R. 1332) to improve cess the financing and loans they need to suc- neighborhoods. 10,000 communities across the access to capital programs of the Small ceed. With fewer assets to pledge as collateral the country will be part of this amazing event. Business Administration, and for other pur- and less reliable earnings than larger busi- Because every pound of food goes to local poses: nesses, small businesses have difficulty tap- food banks, the NALC National Food Drive Mr. HOLT. Mr. Chairman, I rise today in ping into traditional business loans. gives everyone the opportunity to support their support of the Small Business Lending Im- The Small Business Lending Improvement community. A simple donation of non-perish- provements Act of 2007. H.R. 1332 is part of Act of 2007 is designed to provide well-quali- able food placed in the mailbox with the out- an ambitious legislative portfolio that will fulfill fied small businesses with greater access to going mail will help change the lives of those the Innovation Agenda. I was proud to help capital so they can turn their ideas into profit. who live and work in the area. Thanks to the craft the Innovation Agenda, on which our Na- H.R. 1332 will allow small business to more NALC and due to this creative and effective tion is dependent for its future prosperity. easily acquire 7(a) loans, which will provide strategy, getting involved has never been easi- Small businesses are a big part of the U.S. much-needed capital to small business entre- er. Again, I want to congratulate the NALC for economy. In fact, small businesses employ preneurs. H.R. 1332 directs the Administrator conducting such a remarkable event and I am more than half of all private sector employees of the Small Business Administration (SBA) to proud to say that I will be leaving food in my and pay 45 percent of the total U.S. private execute rural lending outreach programs, mailbox on May 12th. payroll. New jobs come disproportionately which will aid small businesses with expenses from small businesses, which generated 60 to ranging from start-up costs to equipment re- f 80 percent of new jobs in the past 10 years. pairs and employee compensation. It also pro- RECOGNIZING THE 27TH ANNUAL Small businesses face big challenges. Too vides incentives to small businesses to oper- MAIMONIDES HEBREW DAY often they must depend on costly lending al- ate in an environmentally friendly fashion. SCHOOL’S SHINING EXAMPLES ternatives, including credit cards. Personal If the U.S. is to maintain its position as a TRIBUTE DINNER credit cards are the primary funding source for world leader in technological innovation and U.S. entrepreneurs. Borrowing fees and high economic prosperity, we must do more to en- interest rates weigh heavily on small busi- HON. MICHAEL R. McNULTY sure that small businesses have the tools they OF NEW YORK nesses. need to succeed. For small businesses, ac- IN THE HOUSE OF REPRESENTATIVES As presented in Rising Above the Gathering cess to capital is the key. It is for this reason, Tuesday, May 1, 2007 Storm, our Nation faces unprecedented chal- I ask my colleagues in Congress to join me in lenges to its international competitiveness and support of H.R. 1332. Mr. MCNULTY. Madam Speaker, the 27th quality of life. Small businesses are catalysts f Annual Maimonides Scholarship Shining Ex- for technological innovation, and the entrepre- amples Tribute Dinner will be held this neurship of small American startups occasion- IN HONOR OF THE 2007 NATIONAL evening in Albany, New York. The ally has revolutionized our economy and lives. ASSOCIATION OF LETTER CAR- Maimonides Hebrew Day School of the Capital The viability of American small businesses is RIERS FOOD DRIVE District in Albany, New York has been pro- inextricably linked to the future prosperity of all viding quality Jewish and General Education in our citizens. HON. ELLEN O. TAUSCHER the Capital Region, Albany, NY since 1980. It This Act makes American entrepreneurship OF CALIFORNIA is a beneficiary of the United Jewish Federa- more viable. It improves the existing 7(a) IN THE HOUSE OF REPRESENTATIVES tion of Northeastern New York and has (business start-up loan) program and the ex- partnered with numerous area organizations isting 504 (certified development company Tuesday, May 1, 2007 and institutions over the years. Its motto is ‘‘A economic development loan) program to better Mrs. TAUSCHER. Madam Speaker, I rise to Beautiful Blend—Torah and Worldly Experi- serve veterans, rural areas, and areas lacking recognize the dedication and service of the ence’’ following its namesake, Moses

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 2, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E913 Maimonides (the Rambam), the great scholar, Once Asian and Pacific Islander Americans cies Division. While assigned, Captain codifier, physician and philosopher. arrive in this country, it is our vital responsi- MacLeod headed up the Maritime Homeland The Maimonides School will present Abra- bility to protect and defend them, along with all Security and General Law Enforcement Divi- ham ‘‘Avi’’ Losice the Dr. Morton Berger Me- victims of malicious, hate-motivated crime. In sion. On October 1, 2007, Captain MacLeod morial Award. The Berger Award is presented 2005, at least 199 people were victims of anti- will be retiring from the United States Coast annually to an outstanding individual who Asian violence—each act a crime not only Guard as Chief of the Deepwater Human Sys- combines Torah with worldly excellence. against the individual but against our country tems Integration Office. In addition, the Maimonides School will as a whole. Democrats in the House will act As a former Coast Guard Reservist and co- present Zahir awards to the following persons: on the Local Law Enforcement Hate Crimes chair of the Coast Guard Caucus, it is an Dr. Joe Adler, Lori Calka, Phil Chandler, Salia Prevention Act to give the Justice Department honor to recognize Captain MacLeod’s many Galitz, Judy Kaskel, Rivka Kochman, Dr. Mi- authority to prosecute hate crimes in which the years of admirable service. I wish him all the chael Lozman, Thomas Nathan, Raizel victim was selected because of their race, best in his retirement and know that his cour- Neiman, Barbara Scher, Tanya Schwartz, Rita color, religion, national origin, gender, sexual age and leadership will be missed. Shachne, Chana Sidi, Jack Sissman, and Ra- orientation or disability. f chel Weitz. Democrats in Congress are taking seriously f their responsibility to stand up for Asian Pa- HONORING CORPORAL NICK S. cific American families. We are hard at work POLIZZOTTO OF THE SOUTH CELEBRATING ASIAN PACIFIC on issues that affect Asian and Pacific Is- BEND POLICE DEPARTMENT AMERICAN HERITAGE MONTH lander families and all American families—crit- ical issues such as education, health care, HON. JOE DONNELLY HON. TOM LANTOS proper training and equipment for our troops OF INDIANA OF CALIFORNIA and quality care for our veterans. We are IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES committed to ensuring that these issues re- Tuesday, May 1, 2007 Tuesday, May 1, 2007 main top priorities in the coming months. Mr. DONNELLY. Madam Speaker, I rise Mr. LANTOS. Madam Speaker, May is Asian Pacific Americans in our community have proved to all of us that the American today in tribute to Corporal Nick S. Polizzotto, Asian Pacific American Heritage Month, an oc- a nine year veteran of the South Bend Police casion to celebrate unique and beautiful cul- dream is vibrant, and that its great promise is kept alive when we join together to celebrate Department, who gave his life in the line of tures that enhance all of our lives, but also to duty. For the people of South Bend, Indiana, highlight how Americans of all different back- our diverse heritage. Americans’ ability to not only tolerate our neighbor’s different cultural Corporal Polizzotto was, indeed, a hero. grounds are inextricably linked in our effort to On April 24, 2007, a report of gunshots build a better future for our country and a bet- background, but to embrace it, as we do this month, is at the heart of what makes the brought Corporal Polizzotto and his partner, ter life for our children. Patrolman Michael Norby, to a local motel. Finding unity in diversity is at the very core United States truly the greatest nation in the There, at 1:37 a.m., an armed suspect shot of what makes us Americans. world. both policemen, killing Corporal Polizzotto. Pa- I have the good fortune of representing a f trolman Norby credits Corporal Polizzotto with very diverse region in the Bay Area—the Pe- TRIBUTE TO CAPTAIN DANIEL saving his life. ninsula and part of San Francisco. With well MACLEOD Our community has lost a beloved family over 100,000 Asian and Pacific Islander Amer- member, a generous friend, a devoted father icans and generations of their descendents, and a dedicated protector. Often described as we have all seen first-hand the stunning con- HON. WILLIAM D. DELAHUNT OF MASSACHUSETTS having a heart of gold, he proudly wore his tributions of these Americans to our commu- IN THE HOUSE OF REPRESENTATIVES uniform and bravely patrolled the streets of nity, and we owe them our thanks. In fields as Tuesday, May 1, 2007 our city until making the ultimate sacrifice. varied as the arts, health care, business and Born and raised in South Bend, Nick always military service, Asian Pacific Americans are Mr. DELAHUNT. Madam Speaker, I rise wanted to be a police office and graduated central to our quality of life. today so that my colleagues in the House of from Indiana University with a degree in Crimi- I have personally had the honor of partici- Representatives can join me in honoring the nal Justice. During his many years as a pating in a wide variety of cultural celebra- exemplary career of a constituent and fellow Southeast South Bend beat officer, he re- tions, such as the Chinese Lunar New Year Coastie. ceived 18 commendations and was Officer of ceremony in San Francisco this year, and a After 26 years of service, Captain Daniel the Month in 2006. Japanese tea ceremony that I am hosting for MacLeod, originally of Hanover, Massachu- Corporal Polizzotto leaves behind his par- my colleagues in Washington next week. setts, will be retiring from the United States ents, his son, Joseph, a brother and sister and Events like these not only help preserve Asian Coast Guard on June 29, 2007. Captain countless relatives and friends who loved him. and Pacific Island heritage, but enrich our en- MacLeod’s extended re´sume´ boasts an im- South Bend has lost a brave guardian. tire community and remind us all that there is pressive list of accomplishments. Madam Speaker, we grieve for our hero, After Graduating the U.S. Coast Guard more to our world than what lies between our Corporal Nick Polizzotto. May God welcome Academy in 1981, Captain MacLeod served shores. him home and give comfort to his family and As we begin the celebration of this Heritage as First Lieutenant aboard USCGC VALIANT friends. Month, it is important to take note of this and then as a Navy Exchange Officer aboard year’s theme: ‘‘Meeting the Challenges for USS GRIDLEY. Captain MacLeod then served f Asian Pacific Americans in 2007.’’ We do face as executive officer of TACLET Miami con- IN CELEBRATION OF FRESNO serious and urgent challenges, including the ducting counter-drug operations. While serving COUNTY FARM BUREAU’S 90TH need to secure the benefits that our Filipino- as Operations Officer for USCGC RUSH ANNIVERSARY American veterans so richly deserve. (WHEC–723), Captain MacLeod received TAD I myself am an American by choice, and I orders to the Persian Gulf with the first group HON. JIM COSTA understand what it means to come to this of Coast Guardsmen to participate in Oper- OF CALIFORNIA country with nothing more than an unwavering ation Desert Shield. After a tour at Coast IN THE HOUSE OF REPRESENTATIVES commitment to give your children the broadest Guard Headquarters as part of the Deepwater possible set of opportunities. Immigration has Mission Analysis Staff, Captain MacLeod Tuesday, May 1, 2007 played a vital role in the success of this na- spent two years as Executive Officer of CGC Mr. COSTA. Madam Speaker, I rise today to tion. Yet sadly, as many as 1.5 million Asians TAMPA (WMEC–902). Then, in January of honor California’s Fresno County Farm Bu- are currently caught in an immigration backlog 2000 Captain MacLeod was assigned as reau. for family visas, and continue to spend holi- Commanding Officer of USCGC FORWARD Agriculture continues to be California’s num- days and special occasions far away from (WMEC–911). Both the TAMPA and FOR- ber one industry with Fresno County leading their loved ones. The Democratic-led Con- WARD completed numerous counter-drug, the way as the most productive agricultural gress is leading the way toward comprehen- homeland security, alien migration interdiction county in California. The fertile soils of Fresno sive reform that not only addresses our na- operation patrols. County support over 350 different crops, val- tion’s real security needs but protects and In June 2002, Captain MacLeod was as- ued at nearly $5 billion annually to the Cali- unites families. signed as Chief of the Marine Protected Spe- fornia economy. These crops, many of which

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E914 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2007 are grown nowhere else commercially in the ways to invest in those around her, whether it and served as its President from 1994 until nation, are shipped throughout the United was through conversation, friendship, lending her election to the City Council. Councilwoman States as well as foreign markets. Good farm- a helping hand, or through volunteer work. As Hermann served as the Chairwoman for the ers, favorable weather conditions and water a trained emergency medical technician, she Property Maintenance Advisory Committee in supplies are major factors contributing to Cali- is believed to have even been helping people 2001, and in 1999 was appointed as a Kansas fornia’s bountiful crops, but the role of the in the final moments of her life. Those who City Plan Commission Board Member. Coun- Fresno County Farm Bureau in Fresno Coun- were close to her know how passionately Ni- cilwoman Hermann has proudly served the ty’s agricultural success cannot be under- cole gave back to her community, classmates, citizens of the 1st District-at-Large for the past stated. teachers, and family. She was a committed four years and continues to place a high pri- Fresno County Farm Bureau will celebrate member of her church’s outreach program, a ority on her commitment to neighborhoods. their 90th anniversary during their annual ban- Sunday school teacher, an EMT for the Smith- Melba J. Curls has served the 41st District quet held on May 3, 2007. It is appropriate at field Volunteer Fire and Rescue Squad, and a in the Missouri House of Representatives this time to highlight its many achievements lifeguard at her local YMCA. since 1999, ending her service in 2006 to run and to underscore the crucial role that Farm Many say that one of Nicole’s greatest loves for City Council. While in office, she cham- Bureau has had in supporting and advocating in life was taking care of animals. During high pioned many causes, the most notable being on behalf of agriculture in Fresno County. school, Nicole volunteered at local stables and legislation that extended renewal of the KC The Farm Bureau is the largest organization barns to take care of horses. In this hobby, it Area Transportation Authority’s taxing ability to of farmers, ranchers, business people and citi- is clear to see that Nicole’s heart and mission ensure that the critical needs for public trans- zens in the United States and it continues to in life was to serve and care for others. Nicole portation services remained funded in our grow in size and stature. In California, the was a double-major in International Relations community. This helped the less fortunate with Farm Bureau was formed in 1919. Today, and German at Virginia Tech. their need for public access to jobs and health there are nearly 92,000 members in 56 coun- Nicole was a person who loved life, loved care. Curls has a long history of public serv- ties and nationwide with over 6.2 million enjoy- serving people, loved her family, and, most ice. Prior to her State election, she was em- ing membership. importantly, loved the Lord. Although her life ployed in the Mayor’s Office with the City of Two years prior to the formal establishment was tragically cut short, many are blessed to Kansas City, and before that, she served as a of the Farm Bureau in California, a group of have known and loved her. staff assistant in the Kansas City office of U.S. Fresno area farmers met with the first Exten- f Senator Tom Eagleton. Curls is a life-long sion Service farm advisor assigned to Fresno resident of Kansas City, and attended the Uni- County to lay the groundwork for a county RECOGNIZING THE FIRST MAJOR- versity of Missouri-Columbia. Farm Bureau organization. The vision was to ITY WOMEN CITY COUNCIL IN Sanders Brooks has served the 37th District provide a bona fide farm organization which KANSAS CITY, MISSOURI HIS- in the Missouri House of Representatives could disseminate information and promote TORY since 2000, ending her service in 2006 to run better farming practices. for City Council. While in the State Legislature, Ninety years later, the Fresno County Farm HON. EMANUEL CLEAVER she championed many causes, the most nota- Bureau is the largest farm bureau in the state OF MISSOURI ble being a bill that outlived mandatory set- of California, participating in nearly every facet IN THE HOUSE OF REPRESENTATIVES asides for Minority and Women-owned busi- of farming life. The Fresno Farm Bureau, nesses. She has long been committed to pro- Tuesday, May 1, 2007 through its voluntary, elected leaders and pro- tecting our community’s history and brings that fessional staff, is dedicated to promoting and Mr. CLEAVER. Madam Speaker, I rise passion to fight for the causes of her constitu- protecting the family farm and to maintaining today to congratulate and recognize history in ents with her to City Hall. Prior to her State the treasured natural resources that are so im- the making. Today, for the first time in Kansas election, Brooks was successful civil rights in- portant to California and this nation’s vitality City, Missouri’s history, a majority women’s vestigator. A long-time friend and parishioner and lifestyle. The Fresno Farm Bureau has City Council will be sworn in at City Hall. of mine, Brooks is a graduate of American committed to the protection of public health, While I wish I could have joined them in per- University in Washington, DC where she safety and welfare. Both are accomplished by son in the Council Chambers I used to serve earned a Bachelor of Arts in Journalism. local determination and active participation in in as Mayor of Kansas City, I want to honor Beth Gottstein formerly served as the Re- the legislative process. In fulfilling these re- today’s incoming Mayor, Mark Funkhouser, source Development Manager at the Hispanic sponsibilities, the Fresno County Farm Bureau and the talented twelve City Council members Economic Development Corporation before is helping local agricultural producers maintain who represent our State’s largest city. Among stepping down to run for City Council. a viable system of production and delivery of them, seven women who are making history; Gottstein has also been known to spearhead abundant, safe supplies of wholesome food by proving that our society can deliver change several local candidate campaigns and has and fiber to our local, national and export con- when the people call for it. These extraor- long been active in our region’s political orga- sumers. dinary women have demonstrated that the so- nizations, including assisting with my first elec- I commend Fresno County Farm Bureau for cial norms by which women have traditionally tion to Congress. Gottstein has prior City Hall the presence, dedication, knowledge, profes- been confined can be eradicated and the experience and has also been intimately in- sionalism and hard work on behalf of our prospect for real change is not only plausible, volved with the Greater Kansas City Women’s farmers in California. Our nation’s residents as but possible. Political Caucus, a local organization that pro- well as citizens of other nations are the bene- The women that stand before the City Clerk motes women’s involvement in politics. ficiaries of this amazing supply of agricultural today and take the oath of office as members Gottstein earned a Bachelor of Arts in Political products. Farmers, Fresno County, California of the first majority women City Council are: Science from the University of Missouri and a and our nation can be proud of Fresno County Deb Hermann—serving the 1st District-at- Master’s of Public Administration from Univer- Farm Bureau’s 90 years of service. Large, Melba Curls—serving the 3rd District- sity of Missouri-Kansas City. f at-Large, Sharon Sanders Brooks—serving the For the past sixteen years, Jan Marcason IN MEMORY OF NICOLE REGINA 3rd District, Beth Gottstein—serving the 4th has served as the Executive Director of the WHITE District-at-Large, Jan Marcason—serving the Mid-America Assistance Coalition, where she 4th District, Cindy Baker Circo—serving the managed an annual budget of more than a 5th District-at-Large, and Cathy Jolly—serving million dollars and helped direct millions of HON. J. RANDY FORBES the 6th District-at-Large. dollars to local social service organizations. OF VIRGINIA Deb Hermann was first elected to the City She was also the former President of the IN THE HOUSE OF REPRESENTATIVES Council in March 2003 and was immediately Women’s Political Caucus. Previously, Jan’s Tuesday, May 1, 2007 appointed Chairwoman of the Neighborhood public service extended to Washington, DC, Mr. FORBES. Madam Speaker, I rise today and Housing Committee and member of the where she worked for former Vice President in memory of Nicole Regina White, who was Operations Committee. She brought with her Walter Mondale. Marcason was born and tragically killed in the recent attack at Virginia experience and leadership ability through ac- raised in Kansas City. She earned a Bachelor Polytechnic Institute and State University on tive participation and involvement in nearly of Arts in Education from the University of April 16, 2007. thirty civic and community organizations since Kansas, and a Master’s in Business Adminis- Nicole was known to many as a person who 1979. She was a member of the Gracemor tration from University of Missouri-Kansas possessed the heart of a servant. She found Randolph Community Council for 24 years City.

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 2, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E915 Cindy Baker Circo has been a small busi- vehicles and for the development of an under- that we can begin to implement these impor- ness owner for more than two decades; she ground and tunnel safety facility. tant safety measures immediately. has also been the neighborhood President of The legislation strengthens hours-of-service f the Country Valley Homes Association, an by mandating consecutive hours of rest, elimi- eastern Kansas City suburb, and is a former nates limbo time, and requires fatigue man- IN RECOGNITION OF DANA J. Public Improvements Advisory Council mem- agement plans. It also strengthens whistle- KELLY FOR OVER FORTY YEARS ber for the 5th District. As 5th District Council- blower protections and imposes penalties for OF DISTINGUISHED SERVICE TO woman, Circo plans to continue to focus on safety, hours-of-service, and accident report- LOCAL 537, PIPEFITTERS ASSO- addressing the basic needs of the community, ing violations. CIATION OF BOSTON, MASSACHU- including infrastructure issues that face so The legislation also mandates the imple- SETTS many of our neighborhoods. Circo is a lifelong mentation of Positive Train Controls, improves resident of the Kansas City area and an active warning systems in non-signaled territory, es- HON. STEPHEN F. LYNCH member of St. Mark’s Church. tablishes minimum training standards, and rec- OF MASSACHUSETTS ommends ways to mitigate health hazards. Cathy Jolly has served the 45th District in IN THE HOUSE OF REPRESENTATIVES the Missouri House of Representatives since Congress last passed legislation to reau- Tuesday, May 1, 2007 2000, also ending her service in 2006 to run thorize the Federal Railroad Administration for City Council. While in our State’s Capital, (FRA) in 1994. That authorization expired in Mr. LYNCH. Madam Speaker, I rise today in Jolly sponsored several pieces of legislation 1998. Since that time, the railroad industry has honor of my longtime friend and fellow brother related to reducing crime and protecting our changed dramatically. Economic growth and of the Building Trades, Dana J. Kelly. Dana is community through harsher sentences for an increase in international trade have led to a remarkable labor leader with a long and il- criminal action. Prior to her State election, record traffic levels. At the same time, Amtrak lustrious career in Local 537 Pipefitters Asso- Jolly served as an Assistant Prosecutor in and the commuter railroads—which often op- ciation of Boston. Throughout his tenure, Dan erate on freight rail lines—are moving more Jackson County, where she was instrumental has dedicated his efforts to improving the lives passengers, which means that there is a lot of as the coordinator of the Drug Abatement Re- of working men and women throughout Mas- pressure on our rail system. This has a signifi- sponse Team. Jolly is also an active member sachusetts. cant impact on worker and public safety. Madam Speaker, Dana joined Local 537 in of the Women’s Political Caucus and a recipi- According to the FRA, train accidents have ent of their highest award, the ‘‘Torch Award.’’ March of 1965 while attending Charlestown increased by 33 percent since 1994. Fatalities High School in Boston, Massachusetts. Dana’s A resident of South Kansas City, Jolly earned and injuries have also increased—from 12 fa- a Bachelor of Science in Political Science from attention to detail and craftsmanship led him talities and 262 injuries in 1994 to 33 fatalities to become a welding instructor for Local 537. the University of Missouri-Columbia and a and 734 injuries in 2005. Injuries hit an all- Juris Doctorate from the University of Mis- As a result of his dedication to this craft, Dana time high of 1,884 in 2002 due to the train ac- attended and graduated from the United Asso- souri-Kansas City. cident in Minot, ND. ciation’s 5 year Instructor Training Program at Madam Speaker, please join me today in According to the FRA, human factors are re- Purdue University. recognizing this historical moment, the first sponsible for nearly 40 percent of all train ac- After 18 years of dedicated work and lead- majority women City Council in Kansas City, cidents, and a new study confirms that fatigue Missouri’s history. Their past experiences and plays a role in approximately one out of four ership, Dana was elected in both 1983 and impeccable records are certainly indications of of those accidents. 1985 to serve on the Executive Board to Local all the good that is to come. With this recogni- Researchers analyzed the 30-day work 537. In 1985 he was appointed Organizer of tion, we join the citizens of Kansas City in schedules of locomotive crews preceding Local 537, a position he held for the next 13 paying tribute to these extraordinary women. 1,400 train accidents and not surprisingly years. Due to his unique leadership abilities, On this historic occasion, I wish my best to found a strong correlation between the crew’s Dana as designated Chairman of the New our incoming Mayor, Mark Funkhouser, and all level of alertness and the likelihood that they England Pipe Trades Action Committee which of the members of the Kansas City Council. I would be involved in an accident. NTSB inves- coordinated organizing efforts throughout New urge my colleagues of the 110th Congress to tigators have reached similar conclusions. England. In 1998, Dana was elected Assistant join me in congratulating the first majority The hours of service law, which was origi- Business Manger of Local 537 and held this women City Council since the establishment of nally enacted in 1907 and substantially position for 2 terms. In 2004, he was elected Kansas City’s modern government in 1925 as amended in 1969, is outdated. It deals only Business Manager and Financial Secretary they set an example and precedent we can all with acute fatigue, not cumulative fatigue. Treasurer. be proud of and strive to replicate across our Since the rail industry is markedly different Despite his various accomplishments, as his Nation. today compared to 40 or 100 years ago, there friend, I can honestly say that the title that f are some significant shortcomings in the law. Dana s always been most proud of and which For example, the law does not properly ad- he cherishes most, is that of husband and fa- INTRODUCTION OF THE FEDERAL dress ‘‘limbo time,’’ which is the time when a ther. Dana has had the tremendous good for- RAILROAD SAFETY IMPROVE- crew’s working assignment is finished and tune and distinct honor to be married to his MENT ACT OF 2007 they are waiting for transportation back to their wife Linda. Together, Linda and Dana have homes. During limbo time, crewmembers are three wonderful children and four beautiful HON. CORRINE BROWN required to stay awake, alert, and able to re- grandchildren. OF FLORIDA spond to any situation, which means that Speaker, it is my distinct honor to join IN THE HOUSE OF REPRESENTATIVES crews can be on the job for as long as 15 or Dana’s family, friends and brothers and sisters 20 hours at a time. Although the NTSB has re- of labor to thank him for over 40 years of re- Tuesday, May 1, 2007 peatedly asked the FRA to make improve- markable service to the American Labor Ms. CORRINE BROWN of Florida. Madam ments to hours-of-service and address fatigue, Movement. I hope my colleagues will join me Speaker, I want to thank Chairman OBERSTAR the FRA seemingly does not have the regu- in celebrating Dana’s distinguished career and for joining me in introducing the Federal Rail- latory authority to do so. wishing him good health and success in all his road Safety Improvement Act of 2007. This The Railroads, Pipelines, and Hazardous future endeavors. legislation is long overdue and will authorize Materials Subcommittee has held numerous f safety programs in both passenger and freight hearings on railroad safety, fatigue, and rail that will protect passengers, workers, and human factor accidents and has heard testi- TENTH ANNIVERSARY OF THE IN- the communities that our passenger and mony from all the stakeholders and policy STITUTE OF ENVIRONMENTAL freight rails serve. It will also improve the safe- makers in the passenger and freight rail indus- AND HUMAN HEALTH ty of our rail infrastructure which will allow for try. I believe this legislation will help reduce the exceptional growth expected in both pas- accidents, improve rail safety, and improve the HON. RANDY NEUGEBAUER senger and freight rail. work environment for employees which will OF TEXAS This legislation will make major improve- allow the passenger and freight rail industry to IN THE HOUSE OF REPRESENTATIVES ments in railroad safety by requiring the De- safely handle the future growth projected for Tuesday, May 1, 2007 partment of Transportation to develop a long- both modes of transportation. term strategy for improving rail safety, author- I encourage all of my colleagues to support Mr. NEUGEBAUER. Madam Speaker, I con- izing funds for the purchase of track geometry this legislation and I urge its swift passage so gratulate The Institute of Environmental and

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E916 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2007 Human Health on reaching its tenth anniver- Neil was also a grateful person, returning to years. That increase, coupled with the fact sary. TIEHH was established in 1997 with a his high school to visit friends and thank that there are far fewer workers having to mission to stimulate and develop environ- teachers and mentors for their impact on his meet more demands on the railways than ever mental and health sciences research and edu- life. During one of these visits, just a couple before, will only exacerbate the situation. cation at Texas Tech University and the Texas weeks before he was set to deploy to Iraq, he In 1980, 459,000 rail workers were respon- Tech Health Sciences Center. TIEHH focuses ran into Janet Lovelace, a secretary at North- sible for moving 919 billion railroad ton-miles on the integration of environmental impact as- western High School. When Janet gave Neil a of freight, or 2,002,787 ton-miles per em- sessment of toxic chemicals with human hug and thanked him for his service, he be- ployee. By 2005, 182,000 workers moved health consequences, framed in the context of came teary-eyed. Today, on behalf of this en- 1,760 billion ton-miles of freight, or 9,670,329 science-based risk assessment to support tire nation, I would also like us to stop and ton-miles per employee. Over the last 25 sound environmental policy and law. Work at give thanks to Neil for his service. years, overall rail productivity has risen 168 TIEHH has resulted in applications for home- Upon hearing about his son’s death, David percent while the workforce has decreased by land security and defense, including a new Simmons said, ‘‘Freedom is very expensive. 40 percent. That has a significant impact on fabric that can protect our military and civilians You don’t know how much until something like safety, in particular worker fatigue. from effects of chemical and biological weap- this happens. My heart goes out to all the According to the FRA, about 40 percent of ons. families that have to go through this.’’ In the all train accidents are the result of human fac- TIEHH first opened as the ‘‘anchor tenant’’ midst of so much sorrow, to remember other tors; 1 in 4 of those accidents result from fa- at the then-closing Reese Air Force Base, now families is truly remarkable. tigue. The FRA has launched a number of ini- known as Reese Technology Center, and I have been privileged to speak several tiatives focused on reducing accidents caused helped make the redevelopment of Reese the times with Neil’s mother, Teri Tenbrook, over by fatigue and other human factors. I appre- most successful BRAC closure of any military the past few weeks. Her courage and resolve ciate the FRA’s hard work in this area, but the base in the United States. TIEHH started with in so tragic a time are impressive. The simple FRA can only do so much when it comes to a staff of 45, comprised of faculty, staff and truth is that the true price of war is paid by graduate students. TIEHH now has 200 on its fatigue. The FRA is the only agency within the soldiers and their families. Today I honor Neil Department of Transportation, DOT, that does daily payroll and has generated close to $50 Simmons, and I honor his family. million in revenue, while the Institute’s ripple not have the regulatory authority to address Neil’s ultimate sacrifice puts him in the sol- hours-of-service. Hours-of-service for railroad effect on the local economy is nearly $200 mil- emn and revered company of patriots who lion. employees is set forth in statute. have given their lives in service to their coun- According to the National Transportation Through the past 10 years, TIEHH has de- try. My humble thanks to Neil and to his fam- veloped a program of national and inter- Safety Board, ‘‘the current railroad hours-of- ily. His name will live as long as this Nation service laws permit, and many railroad carriers national stature for Texas Tech and Lubbock, lives. being described by external peer-reviews as require, the most burdensome fatigue-inducing May God grant peace to those who mourn work schedule of any Federally-regulated ‘world-class’ and with its academic program and strength to those who continue to fight. being called ‘‘the best in the country.’’ TIEHH transportation mode in this country.’’ A com- And may God be with all of us, as I know he parison of the modes is revealing. A commer- draws not only students from Texas but also is with Neil. undergraduate and graduate students from all cial airline pilot can work up to 100 hours per over the United States and many foreign f month; shipboard personnel, at sea, can work countries to Texas Tech. In its 10 short years, THE FEDERAL RAILROAD SAFETY up to 240 hours per month; a truck driver can TIEHH has become one of the top doctoral IMPROVEMENT ACT OF 2007 be on duty up to 260 hours per month; and producing programs at Tech. train crews can operate a train up to 432 I have worked hand-in-hand with TIEHH to HON. JAMES L. OBERSTAR hours per month. That equates to more than secure federal funding that supports research 14 hours a day for each of those 30 days. OF MINNESOTA to improve the resources available to protect Despite widespread agreement that the IN THE HOUSE OF REPRESENTATIVES our troops abroad and citizens at home from hours-of-service law is antiquated and in need chemical and biological threats. When it Tuesday, May 1, 2007 of updating, it has been almost 40 years since comes to federally funded research, results Mr. OBERSTAR. Madam Speaker, today I substantial changes to the law have been matter, and TIEHH is quickly establishing a have introduced a bill to reauthorize the Fed- made. In previous Congresses, I introduced track record of proven results that strengthen eral Railroad Administration, FRA, and im- legislation to strengthen hours-of-service. The our national security. In the next 10 years and prove the safety of our Nation’s railroads. railroads fought against it, stating that hours of beyond, TIEHH will continue to be a research Congress last reauthorized the FRA in service should be dealt with at the collective leader in the environmental and human health 1994; that authorization expired in 1998. Since bargaining table because I believe that the field. I am proud to join the citizens of Lub- that time, the Committee on Transportation safety of railroad workers and the safety of the bock in extending my appreciation for all the and Infrastructure has held 13 hearings on rail general public, which all too often are the vic- hard work and accomplishments of those at safety. In the first four months of the 110th tims in these train accidents, should not be The Institute of Environmental and Human Congress alone, we have held 4 hearings on relegated to a negotiation between manage- Health. rail safety, including 1 field hearing in San An- ment and labor. I am again introducing legisla- f tonio, Texas. At these hearings, we received tion that strengthens hours-of-service and re- duces rail worker fatigue. HONORING PRIVATE DAVID NEIL testimony from the Federal Administration, SIMMONS OF KOKOMO, INDIANA FRA, the National Transportation Safety My bill will: provide all train crews and signal Board, NTSB, the Department of Transpor- personnel with a minimum of 10 hours of rest tation’s Inspector General, the Government a day and at least 24 consecutive hours off HON. JOE DONNELLY Accountability Office, GAO, Members of Con- duty in a seven consecutive day work period; OF INDIANA gress and other elected officials, the railroads, prevent the railroads from disturbing their IN THE HOUSE OF REPRESENTATIVES rail labor, and numerous safety organizations workers during rest time, keeping them from Tuesday, May 1, 2007 and experts. This bill is the product of what we obtaining their full 10 hours of rest; limit the Mr. DONNELLY. Madam Speaker, I rise have learned through these hearings. number of days signal personnel can exceed today to honor the sacrifice of Private David According to the FRA, the total number of their hours-of-service during emergencies, Neil Simmons of Kokomo, Indiana, who was train accidents, including collisions and consistent with dispatcher limits of not more killed in an ambush on April 8, 2007, while derailments, increased from 2,504 in 1994 to than three days in a seven consecutive day serving his Nation in Baghdad, Iraq. Neil 3,325 in 2005. In 2006, the number of train work period; ensure that signal personnel can- risked everything in service to America, and accidents decreased to 2,835. not be forced to exceed their hours-of-service for that we are eternally grateful. – Although I am encouraged by improvements to conduct routine inspections, repairs, and Neil was the kind of kid whom everyone in the 2006 rail safety statistics, I believe we maintenance of signal systems; eliminate so loved. With his big smile and enthusiasm, he still have a long way to go. Serious accidents called ‘‘limbo time.’’ Limbo time is a term used made life more enjoyable for everyone around resulting in fatalities, injuries, and environ- to describe the period of time when a train op- him. As someone who deeply loved his family mental damages continue to occur. The De- erating crew’s hours-of-service have expired, and knew what it meant to be a great friend, partment of Transportation predicts that rail but the crew is awaiting transportation back to he also made life better for those around him. traffic will more than double over the next 20 their point of final release; meaning, the off

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 2, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E917 duty location or terminal point where they can railroads to perform integrity inspections to 2004. Unlike the FRA, however, the FAA has go home or obtain food and lodging at an manage a service failure rate of less than 0.1 an Office of Accident Investigations staffed away from home terminal. During limbo time, per track mile; and encourage railroad use of with 8 full-time investigators whose mission is crewmembers are required to stay awake, advanced rail defect inspection equipment and to detect unsafe conditions and trends and to alert, and able to respond to any situation. similar technologies as part of a comprehen- coordinate the process for corrective actions. Limbo time can and has kept railroad oper- sive rail inspection program. New safety regu- In addition, the FAA uses personnel from ating crews effectively on-duty for well over 12 lations are also required for all classes of track other disciplines to conduct investigations, in- hours, and in the case of the Union Pacific en- for concrete ties, as recommended by the cluding 2,989 inspectors from its Office of gineer involved in the 2004 Macdona, Texas NTSB. Aviation Safety. accident, 22 hours (12 hours on-duty and 10 In addition, the Act strengthens safety on Currently, the FRA relies on just 421 Fed- hours in limbo); require railroads to submit fa- our Nation’s grade crossings by requiring rail- eral safety inspectors and 160 State safety in- tigue management plans to the Secretary for roads to establish, maintain, and post a toll- spectors to monitor the railroad’s compliance review and approval, and; provide the Sec- free number at all grade crossings to receive with federally mandated safety standards. This retary with the regulatory authority to reduce calls reporting malfunctions of signals, cross- Act will increase the number of Federal safety the maximum number of hours an employee ing gates, and other devices, or disabled vehi- inspectors to at least 800 by fiscal year 2011. can remain or go on duty and increase the cles blocking such crossings, and to clear The Act makes additional improvements to the minimum number of hours of rest. vegetation that may obstruct the ability of pe- FRA, modeled after similar legislation passed This Act also addresses a number of long- destrians or motor vehicle operators to see by the Committee on Transportation and Infra- standing open NTSB recommendations that oncoming trains at grade crossings. The Act structure and subsequently enacted into law will help prevent accidents caused by human also requires regular reporting of current infor- that created the Federal Motor Carrier Safety factors, such as fatigue. Specifically, the Act mation on grade crossings to the FRA to en- Administration and the Pipeline and Haz- requires all Class I railroads to develop and able States to determine where to best dedi- ardous Materials Safety Administration. submit to the Secretary for review and ap- cate their resources for grade crossing im- Specifically, the Act: reorganizes the FRA proval a plan for implementing a positive train provements. as the Federal Railroad Safety Administration; control system by December 31, 2014. Imple- The Act also addresses some concerns requires it to consider the assignment and mentation of positive train control has been on highlighted in a recent audit of the Department maintenance of safety as the highest priority; the NTSB’s list of most wanted safety im- of Transportation’s Inspector General, which I creates a new position (or a Chief Safety Offi- provements since its inception in 1990. Since requested after a series of New York Times cer; requires the Secretary to develop a long- that time, the Board has issued numerous rec- articles alleged problems with railroad accident term strategy for improving railroad safety, ommendations to the FRA to implement posi- reporting and investigations at grade cross- which must include annual plans and sched- tive train control after several high-profile acci- ings. The Inspector General found that rail- ules for reducing the number and rates of ac- dents, including a 2004 accident in Macdona, roads failed to report 21 percent of reportable cidents, injuries, and fatalities involving rail- Texas, and a 2005 accident in Graniteville, crossing collisions to the National Response roads; improving the consistency and effec- South Carolina accident; yet the FRA has thus Center, NRC. Railroads are required to report tiveness of enforcement and compliance pro- far failed to do so. crossing collisions involving fatalities and/or grams; identifying and targeting enforcement The Act also requires railroads to install multiple injuries to passengers or train crew- at, and safety improvements to, high-risk automatically activated devices, independent members, and fatalities to motorists or pedes- grade crossings; and improving research ef- of the switch banner, along main lines in non- trian involved in grade crossing collisions to forts to enhance and promote railroad safety signaled territory to enable train crews to de- the NRC within 2 hours of the accident, ac- and performance; requires regular reporting of termine the position of a switch far enough in cording to FRA and NTSB regulations. Imme- statutory mandates that have not been imple- advance to stop a train if they discover that it diate reporting allows the Federal Government mented and open safety recommendations is in the wrong position. In the absence of to decide whether or not to conduct an inves- made by the NTSB or the Inspector General such switch position indicators, the Act re- tigation shortly after a crossing collision has regarding railroad safety; and strengthens quires railroads to operate trains in nonsig- occurred. The DOT Inspector General’s anal- transparency in the FRA’s enforcement proc- naled territory at speeds that will allow them to ysis showed that 115, or 21 percent, of 543 ess. be safely stopped in advance of misaligned reportable grade crossing collisions that oc- I invite my colleagues to join me and Con- switches. According to the FRA, misaligned curred between May 1, 2003 and December gresswoman BROWN, Chair of the Sub- switches are the number one cause of human 31, 2004 were not reported to the NRC. Al- committee on Railroads, Pipelines, and Haz- factors accidents. though the 115 unreported crossing collisions, ardous Materials, in our efforts to improve rail In 2006, track-related accidents surpassed which resulted in 116 fatalities, were reported safety by cosponsor this important legislation human factors-related accidents as the leading to the FRA within 30 to 60 days after the colli- and working together to ensure its swift pas- category of rail accidents. Recent accidents in sion, as required, that was too late to allow sage. Oneida, New York, Pico Rivera, California, Federal authorities to promptly decide whether f Home Valley, Washington, Minot, North Da- or not to conduct an investigation. This Act re- kota, and Nodaway, Iowa, raise serious con- quires the FRA to conduct an audit of all LEGISLATION ON THE DISPOSI- cerns about the condition and safety of track Class I railroads at least once every 2 years TION OF THE OAK HILL JUVE- on our Nation’s railways. On April 18, as a re- and all non-Class I railroads at least once NILE DETENTION CENTER sult of the accident in Oneida, the FRA con- every 5 years to ensure that all grade crossing ducted an audit of CSX tracks in upstate New accidents and incidents are reported to the na- HON. JOHN P. SARBANES York and found 78 track defects and 1 serious tional accident database. OF MARYLAND violation. To help address these concerns and The Inspector General’s audit also found IN THE HOUSE OF REPRESENTATIVES additional concerns raised by the NTSB, this that the Federal Government investigates only Act provides funding for the Secretary to pur- a small number of grade crossing collisions. Tuesday, May 1, 2007 chase 6 Gage Restraint Measurement System From 2000 through 2004, FRA investigated 47 Mr. SARBANES. Madam Speaker, I rise vehicles and 5 track geometry vehicles. This of 376, or 13 percent, of the most serious today to introduce legislation addressing the will enable to the Secretary to deploy one crossing collisions that occurred—those result- disposition of the Oak Hill Juvenile Detention Gage Restraint Measurement System vehicle ing in 3 or more fatalities and/or severe inju- Center in Anne Arundel County, Maryland. and 1 track geometry vehicle to each of the 8 ries. No Federal investigations were con- Senators CARDIN and MIKULSKI have intro- FRA regions. The Act also directs the Sec- ducted for the remaining 329 crossing colli- duced identical legislation in the Senate. retary to issue regulations within 1 year after sions. The GAO seems to agree with the In- There is consensus that the current Oak Hill enactment that requires railroads to manage spector General’s findings. According to the facilities must be shut down. They are aging their tracks to minimize accidents due to inter- GAO, the FRA is able to inspect only 2⁄10 of and dilapidated and not properly configured to nal rail flaws. At a minimum, the regulations 1 percent of all railroad operations each year. provide rehabilitative services to the youth re- must require the railroads to conduct ultra- Compare this to the Federal Aviation Adminis- siding there. The legislation I introduce today sonic or other appropriate inspections to en- tration (FAA): In 2004, the FAA conducted on- would ensure that this facility is closed and a sure that rail used to replace defective seg- site investigations of 1,392, or 93 percent, of new, more modem facility is built in the District ments of existing rail is free from internal de- the 1,484 general aviation accidents that the of Columbia so that residents can be loser to fects, as recommended by the NTSB; require FAA had responsibility for investigating in their families.

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E918 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2007 HONORING UCSB, WINNER IN THE at the Library of Congress, on October 8, well-earned—Paul has worked professionally NATIONAL WILDLIFE FEDERA- 1968 as analyst in American National Govern- and amicably with Members and staff of both TION’S CAMPUS ECOLOGY ‘CHILL ment. political parties, and is respected by all his cli- OUT’ CONTEST Paul Dwyer began his CRS career with the ents. The House Committee on House Admin- basics—his first years constituted an appren- istration, the Senate Committee on Rules and HON. LOIS CAPPS ticeship during which he received assignments Administration, and the legislative branch ap- in a wide range of policy issues. He identified propriations subcommittees of both chambers OF CALIFORNIA and progressively mastered the sources of in- have benefited from his keen analytical skills. IN THE HOUSE OF REPRESENTATIVES formation needed to respond to requests for He has worked closely with the office of the Tuesday, May 1, 2007 information and public policy analysis by Mem- Architect of the Capitol, the Sergeants at Arms Mrs. CAPPS. Madam Speaker, it is with bers and committees of Congress and their of the House and Senate, the Chief Adminis- great pride that I rise today to honor the Uni- staff. This was in the pre-internet era, when trative Officer of the House, and the Chief of versity of California, Santa Barbara, which is the instant desktop availability of information U.S. Capitol Police. As coordinator of and pri- located in my district. UCSB was recently resources was a futuristic dream, and re- mary contributor to the CRS annual Report to named a winner in the National Wildlife Fed- search often meant hours of digging for ob- Congress on legislative branch appropriations eration’s Campus Ecology ‘‘Chill Out’’ contest, scure sources in the Library’s great collec- sinceits inception, he has provided a valuable a competition that recognizes colleges and tions, in other libraries, executive branch source of record for over a decade. universities nationwide that are implementing agencies, the National Archives and non-gov- Aside from hundreds, if not thousands, of innovative programs to reduce the impact of ernmental organizations, as well. It took dog- personal meetings, telephone briefings and global warming. UCSB was one of eight uni- ged persistence, careful organizational skills, email colloquies over the years, the volume and scope of his written work is impressive. versities chosen to receive the award from plenty of shoe leather, and a limitless supply He is the author or co-author of 21 active or over 100 entries. of number two lead pencils to do the work. archived CRS Reports for Congress, and dur- This prestigious award was given to UC It was during this period that Paul also had ing the 39 years of his career, he has written Santa Barbara for its efforts to become a car- an active role in supporting Congress as this over 450 additional CRS Reports, Issue Briefs, bon-neutral campus through energy conserva- body investigated the greatest political scandal and confidential memoranda for Congress. On tion. The project started in 2005 when stu- in 20th century American history—Water- a personal level, in the past decade, he has dents from the Bren School of Environmental gate—and undertook the ensuing impeach- ment inquiry that led to Richard Nixon’s res- also provided expert and sensitive mentoring Science and Management created a Master’s to a new generation of CRS analysts, gener- group project entitled ‘‘Campus Climate Neu- ignation as President of the United States. Paul served on the CRS teams that provided ously sharing his knowledge and perspective tral.’’ At a public university dealing with tight- with them, and helping them develop their own ening budgets, energy conservation emerged assistance to the Senate Select Committee on Presidential Campaign Activities, Senator Sam interests and expertise. as a solution that would both lower the Paul’s fine work and dedication first came to Ervin’s famous ‘‘Watergate Committee.’’ He school’s environmental impact and cut ex- my attention soon after I was appointed Rank- and his colleagues again provided invaluable penditures for purchased utilities. ing member of the Committee on House Ad- assistance to the Judiciary committee of this UC Santa Barbara has found ways, through ministration in 2003. As the Representative ingenuity and imagination, to provide in- House of Representatives as it pursued its im- from the Nation’s insurance capital, Hartford, creased space for research, education and liv- peachment inquiry. CRS added further laurels and as the former owner of an insurance com- ing, while limiting the school’s environmental when it provided crucial information on the pany, I wanted to be sure that the House was impact. I continue to be proud of UCSB’s nu- nominations of Gerald R. Ford and Nelson A. getting the maximum possible advantage from merous environmental and academic accom- Rockefeller as Vice President, the historic first the money spent on insurance and other ben- plishments, and encourage them to continue implementations of Section One of the 25th efit programs for members and staff. Paul in their noble goal of reducing the campus’s Amendment. These were, to borrow from quickly assembled a team of CRS experts greenhouse gas emissions. Doris Kearns Goodwin, ‘‘no ordinary times,’’ from the various CRS divisions which were as- Go Gauchos! and Congress came to depend again and signed to cover these issues to bring me, the f again on the accuracy, dedication and profes- Committee staff, and the other members of sional skill of the Congressional Research TRIBUTE TO PAUL E. DWYER OF the Committee up to speed on the programs Service and staff members like Paul Dwyer. and helped us analyze their merits. Paul was CRS Paul Dwyer’s research portfolio was broad also an invaluable resource for us when we in those years, and included many diverse were dealing with the myriad of other issues HON. JOHN B. LARSON areas, including presidential elections and the which came before the Committee, especially OF CONNECTICUT Electoral College, the presidency and presi- the funding of the other House committees. IN THE HOUSE OF REPRESENTATIVES dential terms of office, American political his- He has also played an instrumental role in tory, U.S. political parties, and voting trends in Tuesday, May 1, 2007 helping to write the story of the Committee, Congress, to name a partial list. Beginning in which was one of my first requests of CRS Mr. LARSON of Connecticut. Madam the early 1970s, Paul moved into the area for upon becoming Ranking member. Paul has Speaker, I rise today to pay tribute to one of which he would become justly respected continued to be a primary resource for me in the Congressional Research Service’s (CRS) throughout Congress and the Capitol Hill com- my new position as Vice Chair of the Demo- finest employees; Paul E. Dwyer, who will re- munity. He learned and mastered the many cratic Caucus and has provided me with supe- tire on May 3, 2007, from his position as Spe- elements of the internal governance of the rior reports and memos on member com- cialist in American National Government after Congress and its supporting agencies and or- pensation, Legislative Branch appropriations, a distinguished career of 39 years service to ganizations. His areas of unquestioned exper- and the duties of the House officers, to name Congress and the Nation. tise include an intimate knowledge of the leg- a few. While I wish Paul well in his retirement, A native of Texas, Paul Dwyer received a islative branch budget in all its many ramifica- my staff and I will certainly miss his prompt Bachelor of Arts in History and Political tions; salaries, benefits and retirement pro- and thorough responses for research and in- Science from Baylor University, in Waco, in grams for Members of Congress and their formation. 1967, and went on to earn a Masters in Polit- staff; congressional support agency budgets; Paul Dwyer has been recognized by CRS ical Science from George Washington Univer- contingent expenses in both the House and and the Library of Congress again and again sity, here in Washington, in 1968. While fin- Senate; Member memorials; committee fund- for the quality of his work. His performance ishing his course work at GW, Paul worked ing; the Capitol Visitor Center, and the all-im- evaluations routinely noted his commendable part time in the office of Congressman W. R. portant area of Capitol security and the safety and outstanding level of performance. He has (Bill) Poage, one of the legendary Texans who of those who work in the Capitol Complex, been honored with 13 Library of Congress served with such distinction in the House of and the millions of citizens who visit the Hill Special Achievement Awards during his ca- Representatives in the 20th century. Paul’s every year. reer. work experience on Capitol Hill convinced him He has become the ‘‘go-to’’ staff person at In a sense, Paul’s career coincides with the to enter the profession of public service, and CRS on the legislative budget, where the era in which CRS came to maturity, evolving, he applied for a position with what was then depth and breadth of his knowledge, his atten- under congressional guidance and steward- known as the Legislative Reference Service tion to detail, judgment, and perspective are ship, into the world’s finest legislative policy in- shortly after graduation. He began his career universally recognized. This trust has been stitute, the envy of world parliaments and our

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 2, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E919 own executive branch, and the close adviser Ammann. Art’s selection as Alumnus of the gold, and a spirit of living life according to the and trusted resource of the United States Year at Wheaton College will stand as one of teachings of Jesus. His wife, Marilyn, and his Congress. Paul exemplifies the best character- the defining moments in the proud and distin- children, Kimberly and Scott, have long known istics of this tradition: knowledge, perspective guished history of this institution, because it what many now will understand: Dr. Arthur J. and judgment, and a commitment to providing recognizes a compassionate, courageous man Ammann is a good man, who does the Lord’s Congress with information and analysis that is who has made a world of difference in our work for the sake of peace and humanity. My correct, complete, balanced and non-partisan. world. friend Art Ammann is an uncommon man who CRS, Congress, and in the larger sense, the As young Wheaton College students, Art renews our faith by the way he lives his faith. American people, will lose a tireless and dedi- and I lived the vow of poverty, as do college Best wishes and congratulations to Dr. Ar- cated public servant when Paul E. Dwyer re- students everywhere. One of my most cher- thur J. Ammann, the 2007 Wheaton College tires. Madam Speaker, I would like to urge my ished memories is Art inviting me to join his Alumnus of the Year for Distinguished Service colleagues to join me in thanking Paul for his family in Brooklyn, New York, during a holiday. to Society. 39 years of exemplary service, and in offering Suffice to say that was the first time I had ever f him every good wish as he begins his retire- been to Brooklyn, and the visit opened the ment. eyes of this young, naive suburban Chicago HONORING PATROLMAN MICHAEL NORBY OF THE SOUTH BEND PO- f kid, teaching me that we all share the same hopes, dreams and aspirations for a brighter LICE DEPARTMENT IN MEMORY OF MATTHEW tomorrow, no matter our surname or address. GREGORY GWALTNEY The Bible and this institution call upon us to HON. JOE DONNELLY live the teachings of the Lord, and there is no OF INDIANA HON. J. RANDY FORBES better example of living Christianity than Art IN THE HOUSE OF REPRESENTATIVES Ammann. He began his professional career— OF VIRGINIA Tuesday, May 1, 2007 IN THE HOUSE OF REPRESENTATIVES as did I—by taking an oath to use all of his powers to heal the sick. While the oath comes Mr. DONNELLY. Madam Speaker, today I Tuesday, May 1, 2007 from the Greek philosopher Hippocrates, the honor a brave man who has served his coun- Mr. FORBES. Madam Speaker, I rise today faith to heal comes directly from the Bible: try in the military and his community as a pa- in memory of Matthew Gregory Gwaltney, who ‘‘My son, attend to my words; incline thine ear trolman in the South Bend Police Department. was tragically killed in the recent attack at Vir- unto my sayings. Let them not depart from Patrolman Michael Norby put his life at risk in ginia Polytechnic Institute and State Univer- thine eyes; keep them in the midst of thine the execution of his duty. In the early morning sity, on April 16, 2007. heart. For they are life unto those that find of April 24, 2007, he and his partner, Corporal Matthew was known for his deep love for them, and health to all their flesh. Keep thy Nick Polizzotto, confronted an armed suspect. his family and friends and for his cheerful dis- heart with all diligence; for out of it are the Both officers were shot; Corporal Polizzotto position. Having graduated Magna Cum Laude issues of life.’’ (Proverbs 4:20–23) died and Patrolman Norby was injured. The with a Bachelor’s degree in Civil Engineering Art is a brilliant physician who has focused two officers responded to a report of gunshots from Virginia Tech in 2005, Matt was just his intellect on healing children and finding a without regard for their own safety, only the weeks away from graduation day where he cure for the HIV/AIDS pandemic that has safety of the community. was receiving his Master’s degree in civil and claimed so many lives and robbed so many During his one and a half years on the environmental engineering. Matt was an hon- nations of an entire generation. While my old force, Michael has received three commenda- ors student devoted to learning and eager to friend is far too modest to seek recognition, tions. Prior to his service on the police force, improve human awareness of the environment the truth is, without Art the death toll would be he served with the United States Army in sup- and the overall quality of life. His high school higher and hope for a cure would be lower. It port of Operation Iraqi Freedom earning the teachers and college professors alike regularly was Dr. Arthur Ammann’s pioneering research Army Commendation Medal, Army Achieve- praised his outstanding character and loyalty in the early 1980’s, before the world knew of ment Medal, Global War on Terrorism Service to those he loved. this terrible disease, that identified two of the Medal, Armed Forces Reserve Medal, ‘‘M’’ Matt’s family and friends also knew him as three ways HIV is transmitted, and it was Art Device Award and Noncommissioned Officer’s an avid sports fan. As a high school basketball who first diagnosed the HIV infection in chil- Professional Development Ribbon. player, Matt was not only acknowledged by his dren. Madam Speaker, I commend the men and teammates as a dedicated player, but as a As a man of unwavering courage, compas- women who dedicate their lives in the service close friend. Matt maintained those close rela- sion and conviction, Dr. Arthur Ammann did of others, particularly Patrolman Norby, to tionships even as he went away to college not confine his leadership exclusively to the whom we owe deep gratitude. and later began his graduate program. At Vir- field of medical research. Over the years, Art f ginia Tech, Matt regularly built and maintained has served his community and country in pre- friendships around sports through games of eminent roles such as the Presidential Task RECOGNIZING BELLS FOR PEACE, pick up basketball, and impressed many with Force for AIDS Drug Development, and he INC. his abundant knowledge of sports facts. It is has been honored many, many times. This said that his favorite place at Virginia Tech prodigious man of science has authored or co- HON. ROBERT C. ‘‘BOBBY’’ SCOTT was Cassell Coliseum and that Matt never authored, quite literally, hundreds of books OF VIRGINIA missed a Hokie football game. and scientific articles, and he didn’t hesitate IN THE HOUSE OF REPRESENTATIVES when asked to guide Wheaton College as it Although Matt’s time with us has ended all Tuesday, May 1, 2007 too soon, I know that his love for his family prepared its response to the HIV/AIDS crisis. and friends and commitment to learning will in- As a visionary scientist and yet a humble Mr. SCOTT of Virginia. Madam Speaker, I spire many in years to come. Matt has left a servant of the Lord, Dr. Arthur Ammann al- rise today to recognize Bells for Peace, Inc., legacy within his generation that will not soon ways has plowed the fruits of his labor back a non-profit, charitable organization founded be forgotten. into the soil, so that it might nourish, protect within my district in Richmond, Virginia. Bells f and save others. Art founded Global Strate- for Peace is dedicated to enriching the history gies for HIV Prevention 10 years ago. It quick- of Virginia Union University by restoring the IN HONOR OF DR. ARTHUR J. ly has become a widely respected non-profit University’s prominent cornerstone, the Bel- AMMANN organization, dedicated to preventing the gian Friendship Building and its Vann Memo- spread of HIV/AIDS, and supplying life-saving rial Tower. HON. JIM McDERMOTT medicine to women and children worldwide. Bells for Peace was founded on December OF WASHINGTON How purely this work reflects the words of the 8, 2004 in Richmond, Virginia by Mrs. Diane IN THE HOUSE OF REPRESENTATIVES Bible: ‘‘. . . Blessed are the merciful: for they Watkins, its current President. The organiza- shall obtain mercy. Blessed are the pure in tion was created in memory of the late Dr. Tuesday, May 1, 2007 heart: for they shall see God. Blessed are the John Malcus Ellison, Sr., the first African Mr. McDERMOTT. Madam Chairman, it is a peacemakers: for they shall be called the chil- American President of Virginia Union Univer- privilege and a great personal pleasure to join dren of God . . .’’ (Matthew 5:3–11) sity, and his wife, Mrs. Elizabeth Balfour in honoring my old friend and classmate, and Dr. Arthur J. Ammann has spent a lifetime Ellison. Dr. Ellison was dedicated to bringing a great humanitarian leader, Dr. Arthur J. displaying the strength of a lion, a heart of peace and unity to the cultural divide within

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E920 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2007 this country, and he believed a multi-cultural of peace, hope, and unity erected at a histori- being named an honorary citizen of Italy, Swit- education could be used to achieve this. Bells cally black college; a college known for its zerland, Brazil, Argentina, Bolivia, the Repub- for Peace is an effort to carry on Dr. Ellison’s multi-cultural studies and graduates who have lic of Korea, New Zealand, and Australia. life’s work. made contributions to communities around the Daisaku and Kaneko Ikeda have dedicated As part of this effort, Bells for Peace hopes world. Bells for Peace calls on people to re- their lives to the advancement of mankind and to install a 35 bell carillon in the University’s member the legacy of Dr. John Malcus Ellison, the promotion of peace through the improve- empty Vann Memorial Tower, which sits atop who not only helped bring the Friendship ment of individual lives. They are powerful ad- its Belgian Friendship Building. In 1939, the Building to Virginia Union, but also helped es- vocates of social change and goodwill ambas- Belgian Government presented the Friendship tablished the University’s reputation for excel- sadors for all of humanity. The international Building and Tower to Virginia Union in a ges- lence in education. community has recognized and honored their ture of international goodwill. The Friendship Madam Speaker, today it is my privilege to continuing efforts to advance social justice Building had been the centerpiece of the Bel- recognize Bells for Peace and commend it for based on universal values of equality and dig- gian Pavilion at the 1939 World’s Fair in New its admirable mission. I also wish the organi- nity. They are truly world class citizens whose York. However, prior to presenting the struc- zation great success in restoring the Belgian efforts on behalf of many people, especially ture to Virginia Union, the Belgians removed Friendship Building and filling the belfry tower those struggling for human rights, should be the bell carillon and awarded it to President with a carillon of bells that can be enjoyed on recognized. Today we commend them for their Herbert Hoover. President Hoover gave the the Virginia Union campus and in the Rich- lifetime of humanitarian work and we con- carillon to his alma mater, Stanford University, mond community, and symbolically heard in gratulate them on their fifty-fifth wedding anni- where the bells now ring at the Hoover Institu- communities around the world. versary. We commend them as leaders of tion of War and Peace. f Soka Gakkai International for their contribu- The Belgian Government selected Virginia tions to the international community and to the Union for the gift from 27 colleges that desired RECOGNIZING DAISAKU AND local communities in our Nation where their the Friendship Building and Tower. Virginia KANEKO IKEDA FOR THEIR members are making individual contributions Union was selected because of its location, INTERNATIONAL ACHIEVEMENTS for peace and freedom. history, and mission. Where better to place a f symbol of peace, hope, and unity than in Rich- HON. MADELEINE Z. BORDALLO mond, Virginia, the former capital of the Con- OF GUAM 4TH ANNIVERSARY OF THE federate states that nearly burned to the IN THE HOUSE OF REPRESENTATIVES SPEECH PRESIDENT BUSH GAVE ON THE DECK OF THE U.S.S. ground when the Southern troops fled the city. Tuesday, May 1, 2007 Where better than on a campus that was first ‘‘ABRAHAM LINCOLN’’ located in a rented structure known as Ms. BORDALLO. Madam Speaker, I rise Lumpkin’s Jail, a former slave holding pen. today to recognize the contributions to our HON. CHRIS VAN HOLLEN And where better than at a University that was community and the international achievements OF MARYLAND of Daisaku and Kaneko Ikeda. Daisaku Ikeda born of several small colleges dedicated to the IN THE HOUSE OF REPRESENTATIVES dignified education of African Americans, while is the President of Soka Gakkai International Tuesday, May 1, 2007 struggling against post-Civil War prejudice. In (SGI), a Buddhist association of approximately 1899, these colleges joined together in a 12 million members in over 180 countries, in- Mr. VAN HOLLEN. Madam Speaker, today ‘‘union’’ that opened its doors as Virginia cluding members throughout the United States marks the 4th anniversary of the speech Union. The Belgian Government recognized and in my home district of Guam. The Ikedas President Bush gave on the deck of the this significant history and felt that its ‘‘Friend- have dedicated their lives to the promotion of U.S.S. Abraham Lincoln in which he told the ship Building’’ would be best served on the international peace, the protection of religious American people that hostilities in Iraq and Af- shores of the James River in Richmond. freedom, and the safeguarding of fundamental ghanistan were over. Following the Belgian Government’s deci- human rights. Soka Gakkai International was Standing under a broad ‘‘Mission Accom- sion to give the structure to Virginia Union, Dr. formally established on January 26, 1975 in a plished’’ banner, the President congratulated John Malcus Ellison single-handedly raised ceremony on Guam which was attended by Defense Secretary Rumsfeld for a job well $500,000 in donations to transport and re-con- representatives from around the world. Guam done and declared Iraq free and the Taliban struct the Friendship Building on the Rich- has since welcomed this organization and its and Al Qaeda in Afghanistan destroyed. mond campus. Shortly thereafter, the Friend- leaders on various occasions and we continue Like many Americans, the image of the ship Building was used by the U.S. Armed to value our friendship with the Ikedas and President under that banner 4 years ago still Forces as the Eastern Virginia induction site Soka Gakkai International members. stands out because each passing year is a re- for soldiers going off to fight in WWII. It was Daisaku Ikeda’s leadership has been recog- minder that the mission has not been accom- within this building that thousands of African nized by many international organizations. He plished, Iraq is not a safer place, and neither American soldiers were processed into the was awarded the United Nations Peace the Taliban nor Al Qaeda have been de- military. It was also through this building that Medal, the Simon Wiesenthal Center’s Inter- stroyed. the late Vice Admiral Samuel L. Gravely fre- national Tolerance Award and the Rosa Parks The President and his advisors try to dis- quently passed. Vice Admiral Gravely, a Vir- Humanitarian Award. Daisaku Ikeda is the tract the public with evocative images and ginia Union graduate, was the first African founder of numerous educational and cultural declarations about success in Iraq and Af- American to achieve the rank of Admiral and institutions in Japan and the United States. He ghanistan. But no amount of spin can disguise command a Naval fleet. founded the Tokyo Fuji Art Museum, the Min- the harsh reality of the desperate situation on Because of its remarkable history, the Bel- On Concert Association, the Boston Research the ground. gian Friendship Building has been designated Center for the 21st Century, and the Toda In- On that day 4 years ago, when the Presi- a United States National Treasure and Virginia stitute for Global Peace and Policy Research. dent declared an end of hostilities, there were Historical Landmark, but its majestic tower, A prolific writer and poet, Daisaku Ikeda has 142,000 American soldiers in Iraq. Today which can be seen from many vantage points published more than 200 works in more than there are 155,000. On May 1st, 2003, there in the Richmond community, remains empty 25 languages, all in his effort to promote had been 138 American casualties and 542 and silent. Bells for Peace, in its quest to ob- peace and international understanding. He has wounded in Iraq. Today the number of casual- tain a new carillon for the Vann Memorial been conferred over 200 honorary degrees ties is 3,351 and the number of wounded is Tower, hopes to change that. Bells for Peace from universities throughout the world. 25,090. is also working to restore the aged and worn Kaneko’s partnership with Daisaku began The Iraqi people have also paid a dear price Friendship Building, so that it may become a with their marriage on May 3, 1952, and since during this war. Though exact numbers are top-quality facility for students pursuing a then, they have been a dynamic team that difficult to find, the estimated number of Iraqi multi-cultural education. mutually supports each other’s work. Kaneko civilians killed by violence since May 2003 is Through its restoration efforts, the organiza- Ikeda shares her husband’s philosophy and between 53,000 and 63,000. One controver- tion has brought much deserved attention to his drive to work for the benefit of all people. sial study in 2004 estimated that as many as this historical landmark and highly respected She has been commended for her work in the 655,000 have been killed. Today the President Virginia Union University. Bells for Peace calls field of education and the humanities and as had an opportunity to change direction in Iraq on people to recognize the importance of an a proponent and ambassador for peace. She and begin to bring the war to an end. He international ‘‘Friendship’’ building and symbol has been recognized for her good work by squandered that opportunity.

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 2, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E921 The Congress sent the President a bill that portation, and better educational facilities for Human Welfare, the Virginia State Bar Bench/ would hold Iraqis accountable for taking the African American teachers and students. In Bar Relations Committee, and the Old Domin- steps necessary to achieve political reconcili- fact, in 1940, working with civil rights legal ion Bar Association, which he co-founded. ation and greater stability. The bill also pro- stalwarts Thurgood Marshall, William H. For his decades of dedication to the law and vided additional funding to go after Osama bin Hastie, and Leon A. Ranson, Mr. Hill won his accomplishments in the field of civil rights, Oli- Laden, the Taliban and Al Qaeda. By vetoing first of many landmark cases in Alston v. ver White Hill has earned many accolades, in- the bill, the President missed an opportunity to School Board of Norfolk, Va. In Alston, the cluding the ‘‘Lawyer of the Year Award’’ from change direction in Iraq and finish the job in Fourth Circuit Court of Appeals ordered equal the National Bar Association in 1959, the Afghanistan. pay for black and white teachers within Nor- ‘‘Simple Justice Award’’ from the NAACP The situation in Afghanistan remains grim. folk’s school system. Despite the decision, Mr. Legal Defense Fund in 1986, and the ‘‘Justice On this day 4 years ago, the President told Hill was not completely satisfied as race bar- Thurgood Marshall Award’’ from the American the American people, ‘‘In the Battle of Afghani- riers remained, and, as he once said, ‘‘I went Bar Association in 1993. In 1999, President stan, we destroyed Al Qaeda and the to law school so I could go out and fight seg- Clinton awarded Mr. Hill the highest honor the Taliban.’’ In speech after speech, Defense regation.’’ nation can bestow, the Presidential Medal of Secretary Donald Rumsfeld and other senior That fight would have to wait. Oliver White Freedom. A year later Mr. Hill received the U.S. officials claimed that Al Qaeda had been Hill joined the Army in 1943 and admirably American Bar Association Medal, the National routed. served his country in the European Theatre in Bar Association ‘‘Hero of Law Award,’’ and the But the reality is that 4 years after the U.S. World War II. After a distinguished military ca- ‘‘Harvard Medal of Freedom’’ for his role in the invasion, the Taliban have regrouped and re- reer, Mr. Hill immediately began to fight for de- landmark Brown decision. Most recently, in mains a serious threat. In fact, a new Jihadist mocracy on a different front—back in the 2005, Mr. Hill was awarded the NAACP’s sanctuary appears to be emerging on the Af- courts against racial discrimination. highest honor, the Springarn Medal. ghan-Pakistan border. Soon after his return, Oliver White Hill won In 2000, several legal admirers founded the By almost any metric, whether it is the num- the right for equal transportation for Black Oliver White Hill Foundation. The Foundation ber of Iraqi schools being built or the number school children in the Virginia Supreme Court. encourages young lawyers to become advo- of Afghan roads secured, it is clear that the But once again, he was not satisfied with this cates in the field of individual rights and lib- mission in Iraq and Afghanistan is far from ac- ‘‘separate-but-equal’’ victory. The course of erties and to carry on Mr. Hill’s civil rights complished. But it is also clear that Americans history was about to change, however, as Mr. work. Lawyers inspired by the Foundation no longer have the patience for impressive Hill partnered with another civil rights legal work with the hope that discrimination based photo ops and overblown pronouncements legend, Spottswood Robinson III, in 1948. on race, gender, national origin, sexual pref- about completed missions. The American pub- Together, Mr. Hill and Mr. Robinson brought erence, and religion will ultimately be abol- lic wants achievable goals and quantifiable re- dozens of civil rights lawsuits against school ished, just as Mr. Hill has spent his life hoping sults—not slogans. districts throughout the State of Virginia, with for and working towards. f as many as seventy-five (75) cases pending at Madam, Speaker, I offer my congratulations one time. By some estimates, Mr. Hill and Mr. to Oliver White Hill and pay tribute to him for A TRIBUTE TO OLIVER WHITE Robinson brought more lawsuits than the total being one of history’s most important civil HILL filed in all the other Southern States during rights legal pioneers. this era. HON. ROBERT C. ‘‘BOBBY’’ SCOTT Despite the burning of a cross in his front f yard and despite almost daily threatening tele- OF VIRGINIA CONGRATULATING MR. BILL phone calls to his home, Mr. Hill persevered. IN THE HOUSE OF REPRESENTATIVES MULLICAN In 1951, undeterred and emboldened, Oliver Tuesday, May 1, 2007 White Hill and Spottswood Robinson decided Mr. SCOTT of Virginia. Madam Speaker, I to move beyond ‘‘separate-but-equal’’ and at- HON. MICHAEL C. BURGESS rise today to celebrate the 100th birthday of tack segregation head-on. OF TEXAS Oliver White Hill, who dedicated his life and That year, Mr. Hill and Mr. Robinson shoul- IN THE HOUSE OF REPRESENTATIVES legal talents to making the City of Richmond, dered the cause of the African American stu- Wednesday, May 2, 2007 the Commonwealth of Virginia, and this entire dents at the all-black R.R. Morton High School country a place of promise and opportunity for in Farmville, VA, who had walked out of their Mr. BURGESS. Madam Speaker, I rise all. Mr. Hill used his legal talents to bravely leaking, poorly heated classroom building. The today to congratulate Mr. Bill Mullican of Lub- confront and help eradicate decades of racial resulting desegregation lawsuit, Davis v. bock, Texas on his recent appointment to the inequality and injustice. County School Board of Prince Edward Coun- National Advisory Council for Environmental Oliver White Hill was born Oliver White in ty, was one of several cases decided collec- Policy and Technology (NACEPT). Richmond, Virginia. After his mother remar- tively as Brown v. Board of Education by the Mr. Mullican was appointed to the NACEPT ried, the Hill family moved to Washington, DC, U.S. Supreme Court in 1954. by the U.S. Environmental Protection Agency where Oliver White Hill graduated from the While Oliver White Hill is best known as the Administrator, Stephen Johnson, on April 23, legendary Dunbar High School. Mr. Hill went fierce, tireless civil rights litigator who helped 2007. The Council is comprised of outside ex- on to earn his undergraduate degree from bring to a close America’s segregation-era, his perts representing diverse interests from aca- Howard University, and then attended Howard involvement in the community went beyond demia, industry, non-governmental organiza- University’s Law School, where, as destiny the courtroom. In 1949, he became the first tions, and state, local and tribal governments. would have it, he was a classmate, rival in African American elected to the Richmond City The U.S. Environmental Protection Agency academic achievement, and close friend of Council since Reconstruction. In the early (EPA) established the NACEPT for the pur- Thurgood Marshall. Upon graduating in 1933, 1960s, Mr. Hill served as Federal Housing pose of providing expert advice to the EPA second in his class only to the future Supreme Commissioner in the Department of Housing Administrator on a wide array of environmental Court Justice, Mr. Hill spent his early years as and Urban Development. In addition to his policy, technology, and management issues. a civil rights attorney in Richmond, Virginia. local and Federal government posts, Mr. Hill Due to his vast knowledge of water develop- It was there that Mr. Hill grudgingly worked served as an officer or member on the boards ment policies and issues, Mr. Mullican will within the confines of the separate-but-equal of many organizations, including the National prove to be a valuable asset to the NACEPT. framework of Plessy v. Ferguson, but he Legal Committee of the NAACP, the National A native of Lubbock, Texas, Mr. Mullican fought hard for better pay, full access to trans- Bar Association, the Southern Conference for graduated from Texas Tech University with a

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E922 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2007 B.S. degree in Broadfield Science Education, INTERNET GAMBLING RECOGNIZING THE NEED FOR DIP- and later an M.S. in Geology. From 1983 to LOMATIC DIALOG WITH CARIB- 1997 he was Research Associate at the Bu- BEAN NATIONS reau of Economic Geology at the University of HON. RON PAUL Texas at Austin. Later that year, Mr. Mullican OF TEXAS HON. CHARLES B. RANGEL began his career at the Texas Water Develop- IN THE HOUSE OF REPRESENTATIVES OF NEW YORK ment Board, first serving as Director for Water IN THE HOUSE OF REPRESENTATIVES Wednesday, May 2, 2007 Resources Planning, then as Deputy Execu- Wednesday, May 2, 2007 tive Administrator for the Office of Planning. Mr. PAUL. Madam Speaker, I am pleased to Mr. RANGEL. Madam Speaker, I rise today While serving as Deputy Executive Adminis- support H.R. 2046, the Internet Gambling to enter into the RECORD an opinion editorial trator, his areas of responsibility included Regulation and Enforcement Act. Last year, a published in the CaribNews newspaper the water data collection, environmental programs, ban on internet gambling was snuck into a week ending March 20, 2007 titled ‘‘Carib- and research and planning fund management. port security bill. This ban on internet gam- bean-U.S. Summit In Washington: A Photo-OP As a leading authoritative figure for state water bling is an outrageous affront to individual or Meeting Of Substance, Only Time Will planning, Mr. Mullican assists other States freedom. H.R. 2046 restores respect for the Tell.’’ As well as, an article written by Tony such as California, Illinois, Indiana, Oklahoma right to patronize internet gambling sites as Best, appearing the same week in the and Pennsylvania in establishing statewide long as the sites follow certain Federal laws. CaribNews paper, entitled ‘‘Caribbean Leaders The bill does not create new Federal laws, water planning initiatives. and President Bush to Meet; In Washington, and it respects the authority of States and Na- In June, U.S.-Caribbean Relations, Economic It is with great honor that I recognize Mr. Bill tive American tribes to regulate gambling. I Development, Trade To Be High On Agenda.’’ Mullican for years of hard work and dedica- hope all my colleagues will join me in cospon- Both articles comment on the Administration’s tion. As a citizen of Texas, I am truly grateful soring this bill and restoring respect for the sudden interest with the Caribbean nations in that he has continuously taken a proactive role American people’s right to decide for them- the Western Hemisphere. in our water development. I am pleased to join selves whether or not they gamble online. The White House has invited the leaders of his friends, family and colleagues in congratu- the Caribbean nations (CARICOM) to a dialog lating him on this prestigious milestone. f regarding strengthening relationships between these countries and the United States. I am SUPPORTING THE GOALS OF f glad to see the Administration is reaching out EQUAL PAY DAY to our Western Hemisphere neighbors, since OAK PARK HIGH SCHOOL ACE these relations have been neglected far too MENTOR PROGRAM HON. BETTY McCOLLUM long, making the U.S. an increasingly isolated nation among Western Hemisphere states and OF MINNESOTA placing CARICOM-U.S. relations at an all time HON. SAM GRAVES IN THE HOUSE OF REPRESENTATIVES low. It is imperative that the United States find a OF MISSOURI Wednesday, May 2, 2007 way to pragmatically assess and be respon- IN THE HOUSE OF REPRESENTATIVES Ms. MCCOLLUM of Minnesota. Madam sive to the social and economic challenges Wednesday, May 2, 2007 Speaker, I rise today in support of ensuring facing our neighbors in accordance with equal pay for equal work for all Americans. Washington’s long-term political interests, Mr. GRAVES. Madam Speaker, I proudly Since 1963, when President Kennedy since the region is often described as our rise to honor four outstanding individuals, signed the Equal Pay Act into law, women ‘‘Third border.’’ CARICOM leaders have ac- Chris Avery, Clint Coffelt, Anh Nguyen, and have made significant strides in the workplace. cepted Washington’s invitation and are inter- Steven Yung who competed and finished in However, there continues to be a wage gap, ested in addressing trade issues, as well as third place in the Ace Mentor/Construction In- and in 2006, women earned 77 cents for competitiveness and investment in mutually dustry Round Table 2007 Design Competition every dollar earned by men. A new study by beneficial ways. In addition, CARICOM leaders during their Awards Program, representing Oak Park High the American Association of University Women finds that just 1 year out of college visit to Washington will be reaching out to the School. The Oak Park team designed a small members of Congress most interested in and sports complex that would offer an opportunity women are earning only 80 percent of what men earn, and by 10 years after graduation with the jurisdiction over the issues affecting for kids and young adults to escape the local the gap has widened and women are making the Caribbean and the members of the Dias- streets. only 69 percent as much as men. pora here in the United States. As we continue to strengthen our national The ACE mentor program was designed to More than 40 years after the Equal Pay Act economy and improve our standing in the help high school students who are interested was signed into law, a woman has to work international community it is important that we in careers in architecture, construction, or en- nearly 16 months to earn an amount equal to devote serious attention to strengthening U.S. gineering. Students are introduced to the var- the amount a man earns in just 12 months. relations throughout the Western Hemisphere. ious design professions and the role that each This gap results in $250,000 in lost wages CARIBBEAN LEADERS AND PRESIDENT BUSH TO performs in planning, designing and con- over the course of the average woman’s life. MEET IN WASHINGTON IN JUNE, U.S.-CARIB- structing a project. Students in this program This wage gap not only affects a woman’s cur- BEAN RELATIONS, ECONOMIC DEVELOPMENT, gain firsthand insight into the design industry rent income, but often means she will have TRADE TO BE HIGH ON AGENDA by touring project offices, visiting active con- less money available to her in retirement. For (By Tony Best) struction sites, and by working closely with women of color the pay disparities are even Caricom leaders are going to the White their mentors on ‘‘real world’’ projects. greater—African American women earn 71 House in June to meet with U.S. President percent and Latinas earn 58 percent of what Also, I want to recognize the great leader- George W. Bush. their male colleagues earn. And the invitation list are to Presidents ship of the team including Amy Light, the math The gender wage gap is not just a women’s and Prime Ministers, ranging from St. Vin- and science coordinator for the North Kansas cent’s Prime Minister, Dr. Ralph Gonsalves, issue, it is an issue that affects the strength of City School District. It is also important to ac- who is the current Chairman of Caricom, our families and our communities. This is why knowledge the parents, family, mentors and Haiti’s Rene Preval, Guyana’s Bharrat I am a cosponsor of the Paycheck Fairness friends who have helped these students suc- Jagdeo, Jamaica’s first female leader, Portia Act to strengthen the Equal Pay Act of 1963 Simpson Miller, and St. Lucia’s Sir John ceed in their academic efforts. to provide for equal rights in pay regardless of Compton, to Trinidad and Tobago’s Patrick Madam Speaker, I ask you to join me in a person’s sex, race or national origin. This Manning, Antigua’s Baldwin Spencer, his congratulating the Oak Park High School Ace legislation should be a priority for the 110th counterpart in St. Kitts-Nevis, Dr. Denzil Mentor Team on their achievements and wish Congress. Douglas, and Grenada’s Dr. Keith Mitchell, not to mention Barbados’ Owen Arthur, the them the best of luck in their future academic It is long past time to close the gender pay Bahamas’ Perry Christie, Dominica’s Roo- endeavors. It is an honor to represent this gap. I urge my colleagues to join me in work- sevelt Skerrit and Suriname’s Ronald team in the U.S. Congress. ing to eliminate these unjust pay disparities. Venetiaan.

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 2, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E923 In short, quite unlike the invitations, June as Caribbean Heritage Month and West hope that the region would resist the temp- which the White House sent out to a handful Indians in such places as New York, Wash- tation to put 30 items on an agenda for a se- of Caribbean leaders a few years ago to sit ington, Miami, California, Boston, Philadel- ries of short meetings. That has prevented down with President Bush over breakfast, a phia and Baltimore are planning a variety of previous meetings from turning out to be glaring attempt to snub those countries, cultural, economic, religious and other so- productive exchanges of views. which opposed the invasion of Iraq, all of cial events to draw attention to the region. How much better it could have been if the Caricom’s heads of government are to be in- ‘‘Caribbean Heritage month is important high-handedness of Republicans in and out of vited this time around. to all of us,’’ said King. the White House and the Congress hadn’t Although President Bush has met with a John put it differently. been a fact of life for the Caribbean. Only if few of the region’s leaders from time to time, ‘‘This conference comes at a time when the the Bush Administration and the Repub- the upcoming summit will be the first of its United States is beginning to show a lot licans in the House and Senate had recog- kind in Washington with Caribbean Prime more interest in its relationship with this nized the importance of treating small coun- Ministers and Presidents since Bush took of- Hemisphere,’’ he said. tries with dignity and respect, instead of try- fice. ‘‘This conference came out of a meeting ing to make them feel as if they were It is being arranged at a time when the between the U.S. Secretary of State, Lilliputians that should be ignored. Bush Administration is under fire through- Condoleezza Rice, and the foreign ministers Presidents Ronald Reagan and Bill Clinton out the Western Hemisphere for virtually ig- from the Caribbean where it was decided thought it was useful to travel to the Carib- noring Caribbean and Latin American eco- that it would be a good idea for the leaders bean to exchange ideas and discuss programs nomic and social issues. from the Caribbean to come to Washington and policies with America’s neighbor, but It is scheduled for June 21 when many of to meet with the President in a summit and not this Chief Executive. the Caribbean leaders are due in Washington the Foreign Ministers to meet with the Sec- for the U.S. Conference on the Caribbean. retary of State. Indeed, Bush behaved in such an unfortu- While the White House agenda has not been But the plans go beyond Caribbean and nate manner by seeking to snub those coun- finalized, diplomatic sources say trade, in- U.S. Government officials sitting down and tries and their leaders who disagreed with vestment, economic and social development talking about political and economic issues. the invasion of Iraq and the resulting deba- and U.S. role in the Western Hemisphere ‘‘We felt that it was an opportune time for cle that he dissipated so much goodwill. For may be discussed. us to have a people to people connection, see- at a time when Bush should have been mak- It is not yet known how many of the Prime ing that there are so many people from the ing friends with his natural allies he sought Ministers and the Presidents would attend Caribbean in the Diaspora,’’ John added. ‘‘In to punish many of them by declining to meet the conference or accept the invitation to with critics of his policy. That pettiness is the White House session. addition, we want to establish closer links between the businesses, the private sector unbecoming of the most powerful nation in ‘‘It’s too early to indicate what will be dis- the world. cussed at the conference but it is our expec- from the Caribbean and the United States. tation that most if not all of the Prime Min- What we are doing is to proceed on all of Tony Blair, the British Prime Minister and isters and Presidents as well as the foreign those fronts in our preparations for the con- Mr. Bush’s principal ally in Iraq had the Ministers will be traveling to Washington for ference.’’ good sense to schedule a meeting in London, the conference,’’ Elsworth John, St. Vin- Hence, sessions on the Diaspora, the pri- invited all of them for a session in London, cent’s Ambassador in Washington and coor- vate sector and culture and a meeting with so they could talk about the way forward, dinator of the conference told the New York key Congressional leaders, including Con- economically and socially for the Caribbean. Carib News. gressman Charles Rangel, Chairman of the That’s why Caribbean-U.K. relations are so But Michael King, Barbados’ Ambassador powerful Ways and Means Committee. warm. to the U.S., pinpointed a few issues, which ‘‘We are in the process of having consulta- The conference and the summit offer Bush might be discussed during the Caribbean con- tions with the State Department on exactly and the Caricom heads a chance to address ference. what the content of the discussions will be,’’ questions of common concern such as Wash- ‘‘We are hoping that all 15 heads of govern- said John. ington’s future role in efforts to strengthen ment will attend from our region,’’ said The World Bank, the Inter-American De- economic and trade links within Caricom King. ‘‘The conference is going to look pri- velopment Bank and the Organization of itself and in the Hemisphere as a whole. marily at three or four issues, mainly the American States are also being consulted on For their part, the Prime Ministers and strengthening of the relationship between the plans for the different sessions. Presidents can send a strong message to Con- the U.S. and Caricom with a view to address- Mr. Bush is winding up a week long tour of gress that the unresolved immigration mess, ing the priority areas for the Caribbean’s fu- Latin American nations where he was met including the deportation of all criminal ture growth and development. We will be with demonstrations and criticisms from aliens, regardless of their individual his- looking at such issues as trade, competitive- thousands of citizens who oppose the Bush tories, was damaging the Caribbean’s social ness and investment in mutually beneficial foreign policy, especially the war in Iraq. system. and reinforcing ways. Obviously, we would be CARIBBEAN-U.S. SUMMIT IN WASHINGTON—A It’s important that the dialogue in Wash- looking at deepening and broadening the dia- PHOTO-OPORMEETING OF SUBSTANCE, ONLY ington reaches out to the Diaspora across logue between the Governments and peoples TIME WILL TELL the United States. With the exception of of Caricom and the United States.’’ After six years of lost opportunities, the John said that when Caricom leaders met Trinidad and Tobago, remittances and other Bush Administration has decided to open the recently in his country under the Chairman- forms of assistance from the Caribbean im- White House doors to all the leaders of the ship of Dr. Ralph Gonsalves, St. Vincent’s migrants abroad are a vital source of foreign Caribbean whose countries form Caricom. Prime Minister, they approved the broad exchange, so much so that in Jamaica’s case What a pity it has taken so long for the outlines of the conference and approved the they top the list while in others they amount United States Chief Executive, George Bush, summit with President Bush. to number two or three. Caricom has paid lip ‘‘The conference was discussed at the re- to do what was right and to come to terms service to the Diaspora, with officials mak- cent Caricom Heads of Government Con- with the realities of the Western Hemisphere ing periodic forays into North America and ference held in St. Vincent & the Grenadines. in general and the Caribbean in particular. England but avoiding the creation of any The Heads of Government meeting signed The invitation to the Presidents and Prime permanent method of communication and off on the conference and supported the pro- Ministers to a sit down meeting shouldn’t follow-up to initiatives that are talked about gram as it was structured,’’ he explained. simply be a photo opportunity but a chance but allowed to fall by the wayside. ‘‘The meeting with President Bush is sched- to open up a meaningful dialogue with coun- If that problem isn’t addressed the con- uled for the Thursday, the final day of the tries that have been principled allies of the ference during Heritage Month would end up conference which begins on June 19th and United States for centuries. as yet another exercise in futility. The summit which is scheduled for June 21, ends on the 21st. It will be at the White In the past, town meetings have been held, House.’’ the end of a three day U.S. Conference on the Caribbean can be made into a meaningful ex- presentations by leaders were scheduled and Dr. Gonsalves, current Chairman of made but afterwards, nothing happened. Caricom, has already urged the region’s lead- ercise with sessions, not simply at the White ers to ‘‘clear their calendars for that par- House but on Capitol Hill, with the Congres- For instance, cricket World Cup has start- ticular time’’ so they could participate in sional Black Caucus and other lawmakers ed and the promised collaboration with U.S.- the conference and the meeting with Presi- who have the Caribbean’s interest at heart. based Caribbean firms and other interests dent Bush, said John. Meetings with the Diaspora and the private have not materialized. The conference will be part of the celebra- sector, all with the goal of advancing the A somewhat similar thing is happening tions marking Caribbean Heritage Month economic and social development of the with the Caribbean Single Market and Econ- that is being observed across the United countries in the region can be useful to the omy. Caricom as an institution should use States in June to underscore the contribu- process of bringing people together and help- this conference to put meaningful and per- tions of Caribbean immigrants and the coun- ing the region to attain its goals. Although manent links and establish effectively rela- tries themselves to America’s prosperity. trade, investment, immigration and broad tionships with the communities that pump After much prodding, President Bush last areas of economic and social development more than $2 billion in foreign exchange an- year signed into law a Bill that designates are expected to dominate the agenda, it’s our nually into the economies back home.

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E924 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2007 CALLING ON VIETNAM TO IMME- models and aspirations for children that might IN RECOGNITION OF BRUCE DIATELY AND UNCONDITION- find themselves directionless and without moti- VANOVEN ALLY RELEASE POLITICAL PRIS- vation. The benefits of mentoring are unques- ONERS AND PRISONERS OF CON- tioned; it helps with a young adult’s individual HON. BRAD ELLSWORTH SCIENCE development, and also prepares the next gen- OF INDIANA IN THE HOUSE OF REPRESENTATIVES SPEECH OF eration for their role in our community. Need- less to say, I am grateful for all the mentors Wednesday, May 2, 2007 HON. JAMES P. MORAN I have had throughout the years. Mr. ELLSWORTH. Madam Speaker, I rise OF VIRGINIA Some of the other wide ranging benefits of today to honor Gibson County Deputy Sheriff IN THE HOUSE OF REPRESENTATIVES mentoring include improving relationships with Bruce Vanoven for his dedication and valor in Wednesday, May 2, 2007 the line of duty. parents, peers and teachers; staying moti- On a July night in 2006, Deputy Vanoven Mr. MORAN of Virginia. Mr. Speaker, I rise vated and focused on their education; facing in support of H. Res. 243, which calls on the responded to a distress call from Cameron daily challenges; exploring new careers and White. White had been shot, stabbed, and left Government of the Socialist Republic of Viet- expanding their knowledge. nam to immediately and unconditionally re- for dead in a Pike County cornfield. Without knowledge of White’s location or lease Father Nguyen Van Ly, Nguyen Van Research shows that youth who are actively whether the suspect had left the scene, Dai, Le Thi Cong Nhan, and other political engaged in high quality mentoring relation- Vanoven searched the field for White and prisoners and prisoners of conscience. ships show improvement in the areas of self- three other victims, who had already died from Mr. Speaker, as a co-sponsor of this resolu- esteem, academics, and social skills. Those their injuries. As a result of his willingness to tion, I am extremely concerned and saddened with a strong mentor are more likely to grad- jeopardize his own safety to help others, Dep- by the resumption of repressive tactics of the uate from high school and are less likely than uty Vanoven arrived in time to administer Vietnamese Government. It was only six their peers to engage in harmful behavior such medical assistance to White until paramedics months ago that the State Department’s Office as drug or alcohol abuse. could reach the scene. His heroism saved of International Religious Freedom removed Cameron White’s life. Vietnam from its ‘‘Countries of Particular Con- In Eastern Washington, many organizations For his actions, Deputy Vanoven has re- cern’’ list, a list mandated by the International have undertaken this important task of men- ceived accolades from America’s Most Want- Religious Freedom Act which we passed in toring. Inland NW Mentoring, based in Spo- ed and the American Red Cross and was 1998. However, despite their removal from this kane, Washington, is a partnership of more named Deputy of the Year by the Gibson list, the Vietnamese government instead chose than 20 organizations dedicated to a variety of County Sheriff’s Department. As someone to resort to arbitrary arrests and detentions of mentoring services. This partnership is a col- who has spent his career in law enforcement, religious community leaders and human rights laboration of non-profits seeking ‘‘to connect it is a true honor to have this opportunity to activists. people who wish to volunteer their knowledge recognize Bruce Vanoven. I commend his ac- Father Nguyen Van Ly, a founder of the and experience as mentors.’’ I applaud the tions and thank him for his service to the peo- Committee for Human Rights in Vietnam, was dedication of this consortium to ensure that to- ple of southwest Indiana. arrested for what authorities called, ‘‘con- ducting propaganda activities to harm the se- morrow’s leaders are equipped and envisioned f curity of state.’’ Father Nguyen Van Ly has through mentoring relationships. RECOGNIZING LAWRENCE GREEN spent nearly thirteen years in prison for the Another institution that over the years pro- fight for religious freedom and democracy in vided structure and a goal-oriented education HON. MICHAEL C. BURGESS Vietnam. Just last month, two prominent Viet- are the Boy Scouts of America. Specifically, in OF TEXAS namese human rights attorneys, Mr. Nguyen Eastern Washington there are more than IN THE HOUSE OF REPRESENTATIVES Van Dai and Ms. Le Thi Cong Nhan, were ar- 6,700 boy scouts in the Spokane area whose Wednesday, May 2, 2007 rested for ‘‘spreading anti-government propa- outstanding programs build character, leader- ganda.’’ Mr. BURGESS. Madam Speaker, I rise ship, citizenship and important life skills. The Mr. Speaker, the United States prides itself today to recognize Lawrence Green for being on the promotion of democracy, good govern- Scout leaders, volunteers and sponsors are named ‘‘Driver of the Year’’ by the Environ- ance, protection of human rights and religious making a positive impact on the leaders of to- ment Industry Associations. Mr. Green is an freedom, and the advancement of the rule of morrow. employee of IESI waste service and an exem- law. We cannot look the other way when a We must also applaud everyone who partici- plary citizen of Forest Hill, Texas. ‘‘Most Favored Nation’’ is committing the pates in Children of Promise, an organization The award is presented annually by the En- vironment Industry Associations. EIA recog- grossest of human rights violations against its that offers positive role models for children nizes the best drivers from the U.S. and Can- citizens. Congress cannot ignore the blatant who have incarcerated parents. Other impor- ada involved in solid waste hauling and recy- disregard Vietnam is displaying towards its tant organizations such as Big Brothers and own people while it continues to detain and si- cling services who have demonstrated their Big Sisters of the Inland Northwest ensure that lence Vietnamese lawyers, democracy activ- commitment to their profession, shown a com- ists, and human rights advocates. As Vietnam kids in Eastern Washington have the friend mitment to service and quality, and operated aspires to integrate itself with the global econ- they desperately need. their vehicles in a safe and responsible man- omy, I believe it must also understand that the I would also like to salute the Gonzaga Uni- ner. United States and the rest of the world is versity Campus Kids program, which collabo- Mr. Green is an employee of IESI, an envi- watching their actions and we condemn their rates with four community elementary schools ronmental services company founded in 1995. The company has since expanded across the atrocious digression and disregard for the to provide student mentors to 4th, 5th and 6th southern and northeastern United States. Dur- most basic human rights. graders. It is good for our young adults to be f ing his 24 years of service, he has collected a part of encouraging and supporting those an estimated 87,000 tons of waste in the NATIONAL MENTORING MONTH 2007 young people coming after them. Colleyville and Haltom City area. Over the H. Res. 29 presents an opportunity to en- course of 1.5 million miles, he has not had a HON. CATHY McMORRIS RODGERS courage more adults to invest in positive rela- single accident or complaint. OF WASHINGTON tionships with young people. It is an oppor- Lawrence Green’s services have extended IN THE HOUSE OF REPRESENTATIVES tunity for us to say thank you to the many or- beyond his job description. On one occasion, he followed and apprehended some children ganizations who are already investing their Wednesday, May 2, 2007 whom he had seen breaking into a car. An- time and energy to positively influence the Mrs. MCMORRIS RODGERS. Madam other time, he carried home a girl who had Speaker, I speak in support of H. Res. 29, in next generation. Serving this next generation fallen off of her bicycle. Although he has prov- support of the goals and ideals of National through mentoring will not only provide indi- en himself worthy of being promoted, he has Mentoring Month 2007. vidual returns, but as a community and a soci- turned down the offer on different occasions. Mentoring is an extremely important respon- ety, we will see the lasting impacts of these I would like to commend Mr. Green for his sibility. It provides our youth with positive role important mentoring relationships. outstanding service and congratulate him for

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 2, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E925 being named ‘‘Driver of the Year.’’ It is terrific such access. The FDA continues to frustrate about simple ways to improve their health. I to see someone who both enjoys his job and consumers’ efforts to learn how they can im- therefore call on my colleagues to stand up for excels at it. I wish him success in the future, prove their health even after Congress, re- good health care and the First Amendment by and I am very proud to represent him in the sponding to a record number of constituents’ cosponsoring the Health Freedom Protection 26th District of Texas. comments, passed the Dietary Supplement Act. f and Health and Education Act of 1994 f (DSHEA). FDA bureaucrats are so determined RECOGNIZING VICKI SILKWOOD to frustrate consumers’ access to truthful infor- GENETIC INFORMATION PRESIDENT OF THE MISSOURI mation that they are even evading their duty to NONDISCRIMINATION ACT OF 2007 FEDERATION OF BUSINESS AND comply with four Federal court decisions vindi- SPEECH OF PROFESSIONAL WOMEN cating consumers’ First Amendment rights to discover the health benefits of foods and die- HON. BETTY McCOLLUM HON. SAM GRAVES tary supplements. OF MINNESOTA OF MISSOURI FDA bureaucrats have even refused to IN THE HOUSE OF REPRESENTATIVES abide by the DSHEA section allowing the pub- IN THE HOUSE OF REPRESENTATIVES Wednesday, April 25, 2007 lic to have access to scientific articles and Wednesday, May 2, 2007 publications regarding the role of nutrients in Ms. MCCOLLUM of Minnesota. Madam Mr. GRAVES. Madam Speaker, I proudly protecting against diseases by claiming that Speaker, I rise today in support of the Genetic pause to recognize Vicki Silkwood, a con- every article concerning this topic is evidence Information Nondiscrimination Act. stituent of the 6th district of Missouri who re- of intent to sell a drug. I am a cosponsor of this important legisla- cently was installed as President of the Mis- Because of the FDA’s censorship of truthful tion, which bans discrimination in the work- souri Federation of Business and Professional health claims, millions of Americans may suf- place and in health insurance on the basis of Women for 2007–2008. As President, she will fer with diseases and other health care prob- predictive genetic information. It prohibits in- preside over the Missouri Board of Directors lems they may have avoided by using dietary surance companies from denying coverage or and will serve on the Chillicothe Business and supplements. For example, the FDA prohibited increasing premiums because of genetic fac- Professional Women’s/USA Board of Direc- consumers from learning how folic acid re- tors. Also, under this bill, employers cannot tors. duces the risk of neural tube defects for 4 consider genetic factors in the process of hir- The Missouri Federation of Business and years after the Centers for Disease Control ing, firing, or promoting workers. H.R. 493 is Professional Women has approximately 1,000 and Prevention recommended every woman of much like a Minnesota law, which I voted for members statewide and works on achieving childbearing age take folic acid supplements when I was a member of the Minnesota equality for women in the workplace through to reduce neural tube defects. This FDA action House of Representatives. education, advocacy and research. contributed to an estimated 10,000 cases of Genetic discrimination has the potential to Ms. Silkwood has been very active over the preventable neutral tube defects! affect every person in the United States. De- years with the Chillicothe Business and Pro- The FDA also continues to prohibit con- spite advances in modern medical technology, fessional Women’s organization. She has held sumers from learning about the scientific evi- it is impossible to predict with certainty wheth- numerous leadership positions, beginning with dence that glucosamine and chondroitin sul- er a given individual will actually develop a two consecutive terms as President of the fate are effective in the treatment of osteo- disease. Patients recognize that few laws exist Chillicothe local and as District Director for the arthritis; that omega-3 fatty acids may reduce to prevent health insurers or employers from Missouri Federation of Business and Profes- the risk of sudden death heart attack; and that using their predictive genetic information to sional Women’s Board. Ms. Silkwood has also calcium may reduce the risk of bone fractures. deny them coverage or jobs. As a result, they served as Membership Retention Chair for the The Health Freedom Protection Act will may avoid taking an important genetic test or State Board, State Treasurer, and State First force the FDA to at last comply with the com- participating in genetic research. and Second Vice President and President mands of Congress, the First Amendment, Federal employees are already protected Elect. and the American people by codifying the First from genetic discrimination by an executive Madam Speaker, I proudly ask you to join Amendment standards adopted by the Federal order signed by President Clinton and retained me in congratulating Vicki Silkwood for her ac- courts. Specifically, the Health Freedom Pro- by President Bush. It is time to extend this complishment of being selected as President tection Act stops the FDA from censoring protection to the rest of our country. of the Missouri Federation of Business and truthful claims about the curative, mitigative, or H.R. 493 will give Americans the security Professional Women for 2007–2008. It is an preventative effects of dietary supplements, they need to take care of their health needs honor to represent Ms. Silkwood in the United and adopts the Federal court’s suggested use without worrying that they will face discrimina- States Congress. of disclaimers as an alternative to censorship. tion. I urge my colleagues to join me in sup- f The Health Freedom Protection Act also stops porting this bill. the FDA from prohibiting the distribution of sci- f INTRODUCTION OF THE HEALTH entific articles and publications regarding the FREEDOM PROTECTION ACT role of nutrients in protecting against disease. COMMEMORATING THE 200TH ANNI- This legislation also addresses the FTC’s VERSARY OF THE ABOLITION OF HON. RON PAUL violations of the First Amendment. Under tradi- THE TRANSATLANTIC SLAVE TRADE OF TEXAS tional First Amendment jurisprudence, the Federal government bears the burden of prov- IN THE HOUSE OF REPRESENTATIVES SPEECH OF ing an advertising statement false before cen- Wednesday, May 2, 2007 soring that statement. However, the FTC has HON. CHARLES B. RANGEL Mr. PAUL. Madam. Speaker, I rise to intro- reversed the standard in the case of dietary OF NEW YORK duce the Health Freedom Protection Act. This supplements by requiring supplement manu- IN THE HOUSE OF REPRESENTATIVES bill restores the First Amendment rights of factures to satisfy an unobtainable standard of Tuesday, May 1, 2007 consumers to receive truthful information re- proof that their statement is true. The FTC’s garding the benefits of foods and dietary sup- standards are blocking innovation in the mar- Mr. RANGEL. Madam Speaker, I wish to ex- plements by codifying the First Amendment ketplace. press my full support for commemorating the standards used by Federal courts to strike The Health Freedom Protection Act requires 200th Anniversary of the abolition of the down the Food and Drug Administration (FDA) the government bear the burden of proving Transatlantic Slave Trade as called for by H. efforts to censor truthful health claims. The that speech could be censored. This is how it Res. 272, which was introduced by Represent- Health Freedom Protection Act also stops the should be in a free, dynamic society. The bill ative BARBARA LEE. Federal Trade Commissions (FTC) from cen- also requires that the FTC warn parties that The Transatlantic Slave Trade is a very im- soring truthful health care claims. their advertising is false and give them a portant part of world history that should never The American people have made it clear chance to correct their mistakes. be forgotten. Millions of men, women, and they do not want the Federal government to Madam Speaker, if we are serious about children were forcibly removed from their interfere with their access to dietary supple- putting people in charge of their health care, homeland, packed into ships under inhumane ments, yet the FDA and the FTC continue to then shouldn’t we stop federal bureaucrats conditions, and then after being lucky enough engage in heavy-handed attempts to restrict from preventing Americans from learning to survive the treacherous high seas, sold like

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E926 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2007 pieces of disposable property to slave owners. National Rifle Association because of poten- INTRODUCTION OF BILL TO CRE- Further, to add insult to injury, they were treat- tial votes in swing states. ATE THE OFFICE OF CHIEF FI- ed horribly by their masters throughout their Why are our political leaders not speaking NANCIAL OFFICER FOR THE VIR- lives. For those that survived the voyage, their out against handguns instead of asserting GIN ISLANDS strength is still unbelievable and nothing short that this is not the right time for such a de- of a miracle. For these and other reasons, bate? In unarmed Britain, fewer than 100 die HON. DONNA M. CHRISTENSEN Americans and people all over the world a year from handguns. America is still the OF THE VIRGIN ISLANDS should be reminded of their immeasurable suf- Wild West, with an average of 30,000 gunned IN THE HOUSE OF REPRESENTATIVES fering and how the abolishment of the Trans- down annually. Wednesday, May 2, 2007 atlantic Slave Trade impacted the end of that In September, the youngest Wind daughter atrocity. will enter Virginia Tech. She thought she Mrs. CHRISTENSEN. Madam Speaker, The abolition of the Transatlantic Slave would be safe, near her older sister. It’s time today I am once again introducing legislation Trade was a pivotal step to the full abolish- for Virginia’s leaders—and the nation’s—to that I sponsored in the previous two Con- ment of slavery in Great Britain and the United act to prevent future massacres. gresses to provide for a Chief Financial Officer States. Since this action was monumental, it for the Virgin Islands. Having witnessed the needs to be commemorated. A commemora- f example and record of what having such a po- tion offers an opportunity to educate youth and sition has meant to the financial management remind others of the importance of ending the HONORING THE LIFE OF UNITED and fiscal health of the District of Columbia, I Transatlantic Slave Trade. There simply is not STATES ARMY CORPORAL MI- continue to believe that my district, the U.S. enough attention given to educating people on CHAEL MATTHEW ROJAS Virgin Islands, would also benefit from having the history of slavery. Although it represents a a CFO. dark part of history, it needs to be highlighted When I first introduced the idea of a CFO and explained. HON. JIM COSTA for the Virgin Islands in 2005, I did so in re- It has been said and it is true, that America sponse to the uncertainties and distrust of OF CALIFORNIA is a melting pot. Since our great country is so government voiced by my constituents and as diverse and will continue to grow, every oppor- IN THE HOUSE OF REPRESENTATIVES a measure to prevent the territory, which was tunity to commemorate and share history experiencing a serious financial crisis, from should be seized. I encourage my colleagues Wednesday, May 2, 2007 falling into the abyss of fiscal insolvency. I believed then, as I do now, that having to support this important resolution. Mr. COSTA. Madam Speaker, I rise today to f someone in our government free of political honor and pay tribute to the life of CPL Mi- pressures and with the statutory responsibility ADDRESS GUN CONTROL NOW chael Matthew Rojas, who lost his life defend- and authority to certify revenue projections ing the freedom of our Nation in support of and prevent deficit spending could assist our HON. JAMES P. MORAN Operation Iraqi Freedom. government to establish sound financial prac- OF VIRGINIA A native of Fresno, California, Michael was tices which would put the Islands on the path IN THE HOUSE OF REPRESENTATIVES born on March 1, 1986. As early as his fresh- to improved financial management going for- Wednesday, May 2, 2007 man year in high school, he made joining the ward. Because of our long history of poor fi- military a goal in his life. He played 4 years of nancial management and practices, an office Mr. MORAN of Virginia. Madam Speaker, such as this would also help to immediately football at Clovis East and helped his team two weeks ago, our Nation suffered an un- restore the confidence of the Federal Govern- speakable tragedy when a deranged gunman win the Central Section Division 1 Champion- ment and others in our ability to be fiscally indiscriminately killed 32 students and teach- ship, a highlight of his high school career. transparent and accountable. ers at Virginia Tech in Blacksburg, VA. Our Shortly upon his high school graduation in There are those, Madam Speaker, who will prayers and thoughts are with the surviving 2004, Michael attained his goal by enlisting in ask why I am doing this at this time, particu- victims, families, and the entire Virginia Tech the Army. When asked why he decided to join larly because the islands just inaugurated a community who are determined to not allow knowing that our Nation was at war, he would new governor whose background is in finan- one crazed individual to ruin the school’s reply, ‘‘Because it’s the men and women be- cial management and who has been a good Hokie spirit and strength. This horrific, sense- fore me that made it possible to live in free- friend and political ally. less act was committed because a mentally ill dom.’’ They will suggest that my introduction of this individual could easily buy two handguns and bill signals a lack of confidence in the gov- as many rounds of ammunition clips as he de- With that passion and drive Michael com- ernor to effectively steer the Virgin Islands’ fis- sired. I cannot stress to you how important it pleted basic training at Fort Sill, OK as a can- cal ship into calm financial waters. Nothing is that we reauthorize the federal assault non crewmember. In November of 2004, he could be further from the truth. I have every weapons ban, close the existing loopholes, reported to Fort Lewis where he was assigned confidence in Governor John de Jongh and and strengthen the background checks re- to the 3rd Brigade, 2nd Infantry Division. Un- his administration and believe that they will do quirements. fortunately, Michael’s tour in Iraq ended when a first rate job of managing the territory’s fi- I want to submit for the record a Letter to an improvised device detonated near his mili- nances. He has already begun to do so, but the Editor that was posted in the Washington tary vehicle during combat operations on April I also believe that every good manager, no Post on April 21, 2007. This letter was written 18, 2007. matter how talented or committed he or she by Jay Wind of Arlington, VA, and Robert might be, can always do a better job if they Michael is survived by his mother, Debbie Weiner of Accokeek, VA. I agree with their had better tools with which to work. contention that now is the time for Congress Apodaca; his father, David Esquivil; his wife, When I first introduced this bill the territory’s to address gun control and get these semi- Katrina; five sisters, Michelle, Melissa, long-term debt totaled $1 billion. Recently the automatic weapons off the streets. Marissa, Samantha, Mariah; and one brother, Governor in an address before the League of [From the Washington Post, April 21, 2007] David. Also surviving are his grandparents, Women Voters stated that ‘‘the government’s REFLECTIONS AFTER THE KILLINGS William Rojas, Victoria Valenzuela, and Art financial structure is ‘‘a house of cards’’ that (By Robert S. Weiner and Jay Jacob Wind) and Gloria Esquivil; and his nieces, nephews, has left the territory about $3 billion in debt.’’ As a national political public affairs con- aunts, uncles, cousins and numerous friends. As has frequently been the case, the legis- lature questioned the governor’s numbers. A sultant and the father of a Virginia Tech It is my belief that Michael’s life symbolizes student who knows five of the dead and was CFO would take the uncertainty out of the the ultimate sacrifice one can make for his best friends with one of the first two shot, we equation and allow a legislature and governor are outraged and dismayed that congres- country. His valor, strength, courage and pride to work better together because they would sional leaders of both parties are running for in our nation will forever live in the thoughts both get their numbers from the same inde- cover from handgun control after the worst and hearts of his family and Americans across pendent source. Further, the departments of gun violence in American history. Instead of the nation. CPL Michael Matthew Rojas’ dedi- using this sad opportunity to stop such government, semi-autonomous agencies and shootings by barring handguns, as other civ- cation to the principles of freedom and democ- labor unions would be better able to plan, and ilized countries do, Congress and the White racy will serve as an example to all of us, for the people of the Virgin Islands in general House are pandering to the politics of the generations to come. would have reliable information on how the

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 2, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E927 millions of federal dollars coming to the Virgin Memorial Cemetery at William Jewell College. her efforts to construct innovative ways to train Islands are being spent. Philip has also added a bench and statue to special needs youth in Virginia. This bill was first introduced under the ad- the landscaping in the cemetery. Raised in Alexandria, Virginia Ms. Moran is ministration of Governor Turnbull and it is re- Madam Speaker, I proudly ask you to join a graduate of TC Williams High School. She vised with respect to the financial manage- me in commending Philip William Isley for his went on to receive her Bachelor’s of Arts in ment system because, to his credit, its imple- accomplishments with the Boy Scouts of Theater from Catholic University of America, mentation began under his tenure. America and for his achieving the highest dis- and received a Master’s of Teaching in Spe- In recognition of and deference to the up- tinction of Eagle Scout. cial Education from University of Virginia. Cur- coming constitution to be drafted, approved by f rently a resident of Alexandria, Virginia Ms. the Congress and then ratified by the people Moran has taught in the Virginia school sys- of the Virgin Islands, the prior bill is further RECOGNIZING THE 150TH ANNIVER- tem for 6 years. SARY OF MOUNT ZION TEMPLE amended in that the term of the Chief Finan- As a special education coordinator for TC IN ST. PAUL, MINNESOTA cial Officer will expire at the implementation of Williams High School, Minnie Howard School, the Constitution or in five years, whichever and the Secondary Training and Education comes sooner. HON. BETTY McCOLLUM Program, she has dedicated her career to Proposing this bill as a tool to help my is- OF MINNESOTA educating students with learning disabilities, lands better manage its finances has not been IN THE HOUSE OF REPRESENTATIVES mental challenges, and health impairments. In an easy journey for me. It has however, be- Wednesday, May 2, 2007 her own words, she tries to ‘‘meet the needs come very clear that the people of the Virgin of students and families by making special Islands are behind me in this effort because Ms. MCCOLLUM of Minnesota. Madam education accessible to all types of learners.’’ they have long recognized the need for more Speaker, it is my great pleasure to rise today Ms. Moran’s dedication to her special-needs accountability, transparency, and efficiency in to recognize the 150th anniversary of Mount students is unprecedented. Over the past 6 the management of federal and local funds. Zion Temple in St. Paul, Minnesota. Mt. Zion’s years she has made a lasting impression on The implementation of an independent CFO, long service as a faith home to generations of her students giving them the skills and support while not the only way to achieve this, is the Minnesotans deserves special recognition. to lead a fuller, more rewarding life. only viable proposal that has come forward This year’s celebration marks the temple’s I ask my colleagues to join me in applaud- over the last 10 years or more of increasing deep dedication to community, life-long learn- ing Kate Moran and congratulating her on this deficits and narrowly averted fiscal crises, cri- ing, worship and social justice. distinguished achievement. ses which have only been delayed through re- Mount Zion Temple has a proud history in Minnesota. Eight Jewish pioneers came to- peated borrowing. f Such borrowing and debt creation is what gether to found Mount Zion Hebrew Con- has led to the $3 billion debt reported by Gov- gregation in 1856, two years before Minnesota SUPPORTING THE GOALS AND ernor Dejongh last month—a practice he has became a state. Now 150 years later, every IDEALS OF NATIONAL COMMU- already stated he will not continue. This office Reform congregation in the Twin Cities can NITY COLLEGE MONTH is offered as a way to assist our governor in trace their beginnings to the original congrega- his stated goal of paying our obligations and tion of eight families. SPEECH OF bringing the territory’s finances into balance, to Mount Zion has been a pillar not only for the HON. GENE GREEN give apolitical, reliable and trusted information faith community but also for generations of on the financial state of our government, as Minnesotans who have been touched by the OF TEXAS well as a way to bridge any divisions between temple’s strong commitment to community in- IN THE HOUSE OF REPRESENTATIVES the administration and the legislature in the in- volvement. In 1900, members of Mt. Zion Tuesday, May 1, 2007 terests of expediting a positive and sustain- founded Neighborhood House, a community Mr. GENE GREEN of Texas. Madam able agenda for the people of the Virgin Is- center providing advocacy, support, and com- Speaker, I rise today in support of House Res- lands. munity building programs to St. Paul. Today, olution 334, which will support the goals and I thank the Speaker for her support of this more than 100 years later, the new ‘‘Paul and ideals of National Community College Month. important legislation in prior Congresses and Sheila Wellstone Community Center at Neigh- This resolution was passed on May 1, 2007 ask for her continued support to bring this leg- borhood House’’ serves a growing community with bipartisan support. islation to passage once again. in St. Paul. Our entire community shares pride Not only is a college education one of the f in this legacy. Madam Speaker, recognizing the countless best investments a person can make, it is the RECOGNIZING PHILIP WILLIAM contributions of Mt. Zion Temple to the people best way to ensure our children and grand- ISLEY FOR ACHIEVING THE of Minnesota during the past 150 years, it is children have a promising future regardless of RANK OF EAGLE SCOUT my honor to submit this statement for the offi- socioeconomic status. The typical college cial CONGRESSIONAL RECORD. graduate earns 80 percent more than a high school graduate, and this can add up to about HON. SAM GRAVES f one million dollars over one’s career. Addition- OF MISSOURI HONORING KATE P. MORAN RE- ally, more educated people tend to have ac- IN THE HOUSE OF REPRESENTATIVES CIPIENT OF THE COMMON- cess to better health care, and often enjoy a Wednesday, May 2, 2007 WEALTH’S ACADEMY RECOGNI- better quality of life. Mr. GRAVES. Madam Speaker, I proudly TION FOR EDUCATION For these reasons, I am always looking for pause to recognize Philip William Isley, a very ways to improve access to a quality education special young man who has exemplified the HON. JAMES P. MORAN for our area, and I have found that community finest qualities of citizenship and leadership by OF VIRGINIA colleges are one of the best ways to achieve taking an active part in the Boy Scouts of IN THE HOUSE OF REPRESENTATIVES this. For many years now, I have seen the America, Troop 376, and in earning the most benefits of these schools, and their collabora- prestigious award of Eagle Scout. Wednesday, May 2, 2007 tion with community partners in our area is Philip has been very active with his troop, Mr. MORAN of Virginia. Mr. Speaker, I rise critical. Whether it’s through training programs participating in many scout activities. Over the today to honor Kate P. Moran of Alexandria, or working with local businesses, community years Philip has been involved with scouting, Virginia, upon her receiving the Common- colleges focus on areas to make sure that he has earned 28 merit badges and held nu- wealth’s Academy Recognition for Educators their students have the components they need merous leadership positions, serving as Troop (CARE) Award, to be successful. Guide, Chaplain’s Aide, Assistant Patrol Lead- The CARE Award honors outstanding edu- I am proud that the Congress has decided er, and Patrol Leader. Philip is a Brotherhood cators from across the country who are work- to honor our country’s community colleges, Member in the Order of the Arrow and a War- ing to enhance the lives of their students. their students, governing boards, faculty, and rior in the Tribe of Mic-O-Say. His tribal name CARE Award recipients are recognized for staff, not only for their contributions to edu- is Silent Crocodile of the North Shore. their unrelenting work to enhance the lives of cation and workforce development, but for Philip planned and directed the landscaping the students they serve. Kate Moran, a Spe- their vital role in ensuring a brighter, stronger and remodeling of the entrance to the Mount cial Education Coordinator, was honored for future for our country.

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E928 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2007 CALLING ON VIETNAM TO IMME- by Matt Gerson, who worked with and was When prospects got even worse, ‘‘The ox was DIATELY AND UNCONDITION- mentored by Jack. It describes perfectly the in the ditch.’’ But every problem could be ad- ALLY RELEASE POLITICAL PRIS- loss felt by those of us who were also fortu- dressed if you remembered ‘‘the three most ONERS AND PRISONERS OF CON- important words in the English language: nate enough to learn from this extraordinary Wait a minute.’’ SCIENCE man. When someone from the MPAA left to take WHAT JACK VALENTI TAUGHT US ALL SPEECH OF a new job, Jack would say, ‘‘I like to think Jack Valenti lived a unique life between I teach my people everything they know. But two of society’s fascinations—politics and I know I didn’t teach them everything I HON. TOM DAVIS Hollywood. For Republicans and Democrats, OF VIRGINIA know.’’ That line always got a laugh. I for senators and young aides, for celebrities worked with Jack for 6 years and was friends IN THE HOUSE OF REPRESENTATIVES and the legions behind the cameras, inter- with him for nearly two decades. In the past Tuesday, May 1, 2007 actions with him were graduate seminars in few years, frankly, I thought I had gleaned history, politics, human nature and common every lesson he had to offer. But then I Mr. TOM DAVIS of Virginia. Mr. Speaker, I sense. This extraordinary communicator rise today in strong support for H. Res. 243. picked up the galleys of his soon-to-be-pub- punctuated every conversation with a witti- lished memoir, a book that tracks his The imprisonment of political prisoners and cism linked to his beloved Texas, a quote ‘‘Greatest Generation’’ fable. This grandson prisoners of conscience by the Republic of from an obscure historical figure or a rule of Sicilian immigrants, decorated combat Vietnam is unconscionable. I join my col- passed on to him by his mentor, Lyndon pilot, Harvard MBA (‘‘thanks to the greatest leagues in urging the communist regime in Johnson. In the weeks leading up to his piece of social legislation ever devised by Hanoi to cease with these repressive actions. death Thursday, all over town a simple man—the G.I. Bill’’), presidential adviser and ‘‘How’s Jack?’’ almost always led to, ‘‘You confidant of America’s business leaders has Father Nguyen Van Ly and human rights at- know, I try to live by something I once heard torneys Nguyen Van Dai and Le Thi Cong left a treatise with even more rules to live him say.’’ by. Nhan were arrested earlier this year for alleg- I first noticed his reach when a lunch com- edly disseminating propaganda against their panion said, ‘‘I try to return every phone call One paragraph is a must-read for the government. Their actions were peaceful and the same day I receive it, and I try to treat BlackBerry-addicted. Jack quoted Emerson’s an appointment secretary like a Cabinet sec- observation that ‘‘for every gain, there is a nonviolent, and are protected by the Viet- loss. For every loss, there is a gain.’’ While namese Constitution. In the 12th round of retary.’’ That was followed by a senator who revealed: ‘‘Jack was the first one to contact lamenting the number of nights he spent human rights talks between our government me after my son died. I will never forget his away from his family, he reminded us that and the government of the Republic of Viet- concern and support. How can I reach his attending one more reception meant missing nam last week, the assistant to the Viet- family?’’ a meal around the dinner table, and one namese foreign minister attempted to highlight For those Jack mentored during the 38 extra night on a business trip would mean their achievements in this arena, citing the years he dedicated to America’s film indus- one less chance to help with homework or protection and execution of basic rights and try, it became clear that character was de- watch a soccer game. freedoms of their people. fined by loyalty. In both Washington and I have recounted that quote many times Madam Speaker, these words are not Hollywood, people often desert ‘‘friends’’ at over the past few weeks. And while this loss the first whiff of public disfavor. Not Jack— enough. We need action. The government of is devastating for many in Washington and time and again he insisted that you never Los Angeles, the life lessons that are his leg- Vietnam needs to show us their commitment abandon a friend who was going through a acy are our gain. to providing basic human rights to their citi- rough time, and he always stood with a be- zenry by releasing these Vietnamese patriots. leaguered colleague or public official who f Their alleged crimes amount to nothing more was receiving unwanted publicity. He would tell his team to respect every than advocating freedom of religion, speech, SAN JOSE STATE UNIVERSITY movement and association; these actions elected official (‘‘because you never even ran for dog catcher, and they were sent here by SESQUICENTENNIAL ANNIVER- should be celebrated, rather than punished by the people’’). He admonished us that your ad- SARY their government. versary today might be your ally tomorrow. I support this resolution and call upon the ‘‘In a political struggle, never get personal— Socialist Republic of Vietnam to immediately else the dagger digs too deep.’’ HON. MICHAEL M. HONDA and unconditionally release these political and Jack rejected the partisanship that gripped OF CALIFORNIA religious prisoners. Further, I call upon their Washington and would warn that ‘‘nothing government to embrace differing opinions, and lasts—today’s minority backbencher will be IN THE HOUSE OF REPRESENTATIVES tomorrow’s subcommittee chairman.’’ On ensure their government’s vitality through the the day the Motion Picture Association of Wednesday, May 2, 2007 strength of its principles, rather than the America headquarters was named the Jack strength of its police force. Valenti Building, Senator TED STEVENS ob- Mr. HONDA. Madam Speaker, I rise today f served, ‘‘Jack works across the aisle because to honor San Jose State University on the oc- he doesn’t see an aisle. It is the root of his casion of its founding 150 years ago. For a A TRIBUTE TO JACK VALENTI success and what others ought to emulate.’’. century and a half, San Jose State has pro- Each of the six studio chiefs who spoke at vided affordable, quality education. From its HON. HOWARD L. BERMAN the dedication ceremony emphasized that Jack’s word was his bond—if he made a humble beginnings as a normal school to train OF CALIFORNIA promise, he never wavered. His rock-solid teachers, San Jose State has grown into a IN THE HOUSE OF REPRESENTATIVES commitment gave him unusual credibility comprehensive university, offering bachelor’s Wednesday, May 2, 2007 with leaders on both coasts and around the and master’s degrees in 134 programs. world. The University reflects the ethnic diversity of Mr. BERMAN. Madam Speaker, this week, Jack was a gifted public speaker who put the Nation lost one of its most colorful and incredible effort into making it all look ef- California and particularly, that of Santa Clara wise counselors: Jack Valenti, who was the fortless. He would rework his text behind County with no single ethnic group comprising personification of the motion picture industry in closed doors, reciting it until the cadence a majority of the student population. As a Washington. I can’t think of another industry was just right. Jack was ebullient when a graduate of San Jose State, I am particularly that has had a representative so well known president complimented him once on the proud to note that the University ranks tenth ‘‘extemporaneous’’ remarks he had made at among the Nation’s top public universities in and so highly regarded, or one so accessible the Gridiron Club. ‘‘The president couldn’t in spite of his considerable fame. Much more the number of bachelor’s degrees awarded to believe I didn’t have a prepared text. I ne- minority students across all disciplines. Addi- than ‘‘just’’ a lobbyist, Jack had an intense in- glected to mention that I didn’t need notes terest in public policy and a wisdom about him because I spent several days getting ready,’’ tionally, San Jose State University has con- that made him an extremely valuable coun- he said. ferred bachelor’s degrees in business man- selor to Presidents, to Congressmen and Sen- It was especially fun to watch Washing- agement and the health professions to more ators and to his peers and colleagues. He was ton’s most accomplished professionals try to Asian American and Pacific Islanders than any decipher one of his homilies. They eventu- other college or university in the Nation. a great man with a charm and wit that won ally got the point and often adopted the line him genuine affection as well as near uni- as their own. When a project was in trouble, I would like to thank my colleagues Rep- versal admiration. it was time to ‘‘hunker down like a mule in resentative ZOE LOFGREN, Representative The following op-ed article from the Wash- a hailstorm.’’ [Modified from the original ANNA ESHOO, Representative SAM FARR and ington Post of Saturday, April 28 was written Texas vernacular for a family newspaper.] Representative JERRY MCNERNEY for joining

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 2, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E929 me today in recognizing San Jose State Uni- Captain Gardiner is not alone. The Pilots community, the children of the public school versity’s sesquicentennial. Equitable Treatment Act would be a first step system, and to any young person needing his f to restoring some measure of fairness to these help or his guidance. hardworking Americans who have seen prom- Cecil was bom in 1934 and lived in the INTRODUCING THE PILOTS ised and hard-earned benefits disappear over- Great Bridge area of Chesapeake, Virginia. A EQUITABLE TREATMENT ACT night. graduate of Great Bridge High School and f East Tennessee State University, he began HON. GEORGE MILLER his teaching career in 1957 at Deep Creek OF CALIFORNIA TRIBUTE ON THE RETIREMENT OF High School and taught there for two years. JOHN CONSTANCE IN THE HOUSE OF REPRESENTATIVES He then went on to teach at his alma mater, Great Bridge Junior High School, and worked Wednesday, May 2, 2007 HON. STENY H. HOYER as a physical education teacher and also Mr. GEORGE MILLER of California. Madam OF MARYLAND coached football, track, wrestling and softball. Speaker, today I am proud to introduce the Pi- IN THE HOUSE OF REPRESENTATIVES Cecil also participated as a baseball and bas- lots Equitable Treatment Act, legislation that Wednesday, May 2, 2007 ketball coach in recreational leagues and um- would prevent deep, unfair cuts in pilots’ re- pired Little League baseball games. He retired tirement benefits. Mr. HOYER. Madam Speaker, I rise to pay from Great Bridge High after 36 years of serv- Over thirty years ago, Congress established tribute to John Constance, who last week re- ice to the community. However, even after his the Pension Benefit Guaranty Corporation to tired from the National Archives after 35 years retirement he continued to be the personifica- insure the pension benefits of American work- of Federal Service. tion of school pride and school spirit for the ers. When employers terminate their workers’ For 14 years, John served as the National ‘‘Wildcats’’ of Great Bridge. traditional pension plans, the PBGC takes the Archives liaison to Capitol Hill, supervising In life, Cecil always carried himself with a plans over and makes monthly payments to congressional relations, public affairs, commu- positive attitude towards life and was well- plan participants who are retired. nications, and the agency’s web program. known as an honorable individual with a big When the PBGC takes over a company’s A native of Baltimore, Maryland, John joined heart. He was well-respected by parents and pension plan, the plan participants do not al- the Archives after graduating from the College people in the community. As a coach, Cecil ways receive the same benefit they would of William and Mary in 1972. had a philosophy that no one was cut from the have received if their plan had not terminated. He served in a number of managerial posi- team; he couldn’t stand to cut his players be- For example, workers who retire before age tions with the agency, including Director of cause he saw in every child who had the will- 65—which the law considers ‘‘normal’’ retire- Policy and Program Analysis, and the Chief of ingness to try, an opportunity for success ment age—receive reduced benefits to reflect Product Acquisition and Marketing for the Na- down the road. When he coached junior high the longer period that these retirees likely will tional Audiovisual Center. football, usually 65 young men dressed for receive benefits. In addition, Mr. Constance served in ex- each game. ‘‘Coach Jennings’’ gave each This is bad news for pilots. Under Federal tended details to both the Office of Manage- child he coached the opportunity to be a win- Aviation Administration rules, airline pilots are ment and Budget and the Department of Edu- ner, and carried that legacy throughout his ca- required to retire at age 60. As a result, pilots cation during his career, managing public af- reer. Cecil mentored many students who, whose pension plan has been terminated—like fairs projects for both agencies. through his encouragement and devotion, the pilots at United Airlines and US Airways— I am personally grateful to John for all the found success in their education and in their wind up taking drastic cuts to their pension expertise and assistance he provided to me in lives. The stories of lives he touched and benefits because the PBGC treats age 60 as the early 1990s during a time of extraordinary helped mold seem endless. an early retirement age and cuts pilots guar- transformation for the National Archives, par- Towards the end of his life, Cecil battled anteed benefits as a result. ticularly when it established a second facility in cancer, diabetes and severe arthritis. Even as The federal government is responsible for College Park, Maryland to accommodate the he aged and his health deteriorated, he con- trapping pilots in this double-bind. The PBGC growing volume of historical materials and im- tinued to nurture, encourage and support his and the FAA are both federal agencies, but prove services to researchers. family, friends, and the local sports teams. In This state-of-the-art facility, which has be- because their rules don’t align, pilots are one of his last visits with a close friend, he re- come known as ‘‘Archives II,’’ is a treasure to forced to pay the price. Pilots earn every dime flected upon the happiness and joy he felt for anyone who believes that a nation cannot of their pension benefits and they don’t his family and his community. Even through progress unless it first understands its past. choose to retire at age 60. The time to fix this his pain, his selfless compassion continued to The historically significant records it maintains problem is today. shine. literally document the history of our great na- The Pilots Equitable Treatment Act would Cecil Jennings was a mentor, an honorable tion, and will serve as primary sources for put airline pilots on equal ground with other public servant and a dear friend to all who countless scholars of history, culture, politics, workers by requiring the PBGC to treat age 60 crossed in his path. I offer my sincerest con- and science for generations to come. as the normal retirement age for pilots—not as dolences to his wife, Beth, their three children, All of us who embark on careers in public an early retirement age. In other words, pilots Greg, Cecil, and Cissy, and five grandchildren, service hope that when the day comes to would receive the maximum PBGC benefit for Brittany, Hailee, Alex, Christopher, and Emma. move on to other pursuits, we will be remem- which they would be eligible if they worked Cecil may no longer be with us, but the impact bered for the good works we have rendered to until age 65. If they worked until the age of 57, he made upon the community he loved is im- the American people. John will be remem- it would be as if they worked until age 62 and printed with the continuing legacy of thou- bered for, of all things, his part in advancing the pilot would receive the appropriate PGGC sands who made ‘‘Cecil’s Teams’’ and whose our nation’s sacred duty to remember its al- benefit. lives were better for having done so. ways rich, often glorious, and sometimes con- In a 2005 e-hearing Tom Gardiner, of Bain- f troversial history. bridge Island, WA, facing the loss of his retire- f RECOGNIZING RYAN JAMES ment nest egg at United Airlines, explained CHESHIER FOR ACHIEVING THE the conundrum facing pilots— IN MEMORY OF CECIL JENNINGS RANK OF EAGLE SCOUT ‘‘My name is Tom Gardiner and I am a Cap- tain for United Airlines with a total of 27 years HON. J. RANDY FORBES of service. . . . If the PBGC takes over the pi- HON. SAM GRAVES OF VIRGINIA OF MISSOURI lots’ defined benefit plan, I will lose at least 2⁄3 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES of my promised pension.... [One factor] contributing to this huge hit is Wednesday, May 2, 2007 Wednesday, May 2, 2007 the adjustment for ‘‘early retirement’’ man- Mr. FORBES. Madam Speaker, I rise today Mr. GRAVES. Madam Speaker, I proudly dated by PBGC rules. Of course, I have no to pay tribute to a dear friend, a dedicated pause to recognize Ryan James Cheshier, a choice in the matter; the FAA regulations re- coach, and a committed educator, Mr. Cecil very special young man who has exemplified quire me to retire at age 60. The PBGC con- Jennings, for his loyal service and devotion to the finest qualities of citizenship and leader- siders that to be ‘‘early’’ and takes away 35 the youth of America. ship by taking an active part in the Boy Scouts percent of what I would otherwise receive from As a public school teacher and coach, Cecil of America, Troop 270, and in earning the them. It is a classic ‘‘Catch 22.22 . . .’’ possessed an unwavering dedication to the most prestigious award of Eagle Scout.

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E930 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2007 Ryan has been very active with his troop, a $100 million a year operation, employing INTRODUCTION OF H. RES. 351, EX- participating in many scout activities. Over the over 200 within his community. John’s ability PRESSING THE SENSE OF THE years Ryan has been involved with scouting, and business expertise has led to many HOUSE OF REPRESENTATIVES he has not only earned numerous merit achievements, which include earning the THAT FEDERAL AUTHORITIES badges, but also the respect of his family, Tempe Chamber of Commerce Small Busi- SHOULD STRENGTHEN AND VIG- peers, and community. ness of the Year award, runner-up for the Ari- OROUSLY ENFORCE ALL EXIST- Madam Speaker, I proudly ask you to join zona Small Business of the Year Award and ING IMMIGRATION LAWS me in commending Ryan James Cheshier for the prestigious Arizona Business Leadership his accomplishments with the Boy Scouts of Award. And just last month, John’s company America and for his efforts put forth in achiev- TDC Interiors celebrated their 33rd anniver- HON. JOHN SULLIVAN ing the highest distinction of Eagle Scout. sary. OF OKLAHOMA f John has always believed in giving back to IN THE HOUSE OF REPRESENTATIVES RECOGNIZING STATE SENATOR his community. He has been actively involved RUSS POTTS in the Arizona Boys Ranch, Centers for Habili- Wednesday, May 2, 2007 tation, Boys and Girls Clubs of the East Val- Mr. SULLIVAN. Madam Speaker, yesterday HON. FRANK R. WOLF ley, Make-a-Wish Foundation, Tempe Diablos, I introduced H. Res. 351, which offers a OF VIRGINIA Sun Angel Foundation, Sister Cities Inter- straightforward, common sense approach to- IN THE HOUSE OF REPRESENTATIVES national and the Arizona State University ward deterring illegal immigration, opposing Wednesday, May 2, 2007 Foundation. He has also served on the Board the flawed policy of amnesty, and restoring the of Directors for the YMCA and the Salvation rule of law in our country by calling on Federal Mr. WOLF. Madam Speaker, I rise today to Army. authorities to strengthen and vigorously en- bring the attention of the House to the retire- force all existing immigration laws. The simple ment of Virginia State Senator Russ Potts. In Aside from John’s business and civic com- truth is that until we enforce the Federal immi- February, Russ announced that he will not mitments, John is a loving and devoted father gration laws already on the books, it is irre- seek reelection in November and it is my to this three children Jamie, Allison and John sponsible for Congress to consider any legis- pleasure today to recognize his hard work and and a cherished friend to many. lation that would grant amnesty to the esti- dedication to the people of the 27th District of Further, John has been a dear friend to the mated 12–20 million illegal aliens currently re- Virginia. Mitchell family. Having been by each other’s siding in the United States. Born and raised in Winchester, Russ had a side in good times and not so good times, I The policy of granting amnesty is a proven paper route and delivered milk as a young boy have counted John as a close personal friend failure in our country. The Immigration Reform to help contribute to his family’s income. Self- for almost 40 years. made, Russ majored in journalism at the Uni- Control Act of 1986, which granted amnesty to versity of Maryland before returning to Win- John’s successes should be viewed as 3 million illegal aliens, did nothing to stem the chester to take a job as the sports editor of those of a true community steward. It is for tide of illegal aliens crossing our borders, but The Winchester Star. A homegrown Repub- these reasons that I join John’s family and rather contributed to the explosion of illegal lican, Russ eventually went on to a career in friends in wishing him a blessed 60th birthday immigration our nation faces today. Addition- sports promotion before running for State Sen- and continued health and happiness in the ally, granting amnesty to those who have ille- ate 1991. As chairman of the Senate Edu- years to come. gally crossed our borders is fiscally irrespon- cation and Health Committee and member of sible and would place heavy financial burdens the Commerce and Labor, Finance, Privileges f on American taxpayers and Federal social and Elections and Rules committees, Russ programs alike. According to the Heritage has made a lasting contribution during the four POMP AND CIRCUMSTANCE Foundation, current amnesty proposals being terms he has served the Commonwealth of DOESN’T CUT IT debated in Congress would result in the larg- Virginia. Russ has dedicated a large portion of est expansion of the welfare state in over 35 his career to public service and will be sorely years and could eventually cost American tax- missed. HON. JOE WILSON payers an additional $30 billion per year. Russ is a man of high moral character, a OF SOUTH CAROLINA The failure of the Federal government to en- true Virginia gentleman, family man, and loyal force existing immigration laws has put the in- IN THE HOUSE OF REPRESENTATIVES friend. I would be remiss today if I didn’t also tegrity of our immigration system and the sov- recognize Russ’s unwavering dedication to his Wednesday, May 2, 2007 ereignty of our great nation at risk. Years of wife Emily, three daughters, and grand- lax enforcement has led to a massive influx of children. I ask that my colleagues in the Mr. WILSON of South Carolina. Madam aliens illegally crossing our borders without House rise today and join with me in recog- Speaker, yesterday Democrat leaders staged proper identification, thus creating a strain on nizing the outstanding career of Russ Potts. a ceremony to send their defeatist supple- the economy, law enforcement at all levels, f mental bill to President Bush. As Democrats and public safety in communities across the joined together around their proposal of re- country. Many cities across the country are IN CELEBRATION OF JOHN G. actually encouraging illegal immigration by BEBBLING’s 60TH BIRTHDAY treat, our troops in Baghdad waited yet an- other day for critical funding. providing sanctuary to those who have broken United States law by illegally crossing our bor- The sad irony is that for all of their pomp HON. HARRY E. MITCHELL ders. Police departments in these sanctuary and circumstance, Democrat leaders should OF ARIZONA cities are actually forbidden from reporting im- face the threat of al-Qaeda, in that Zawahiri IN THE HOUSE OF REPRESENTATIVES migration violations to Federal authorities, cre- has declared Iraq the central front in the Glob- ating grave national security loopholes. Wednesday, May 2, 2007 al War on Terrorism. We should be working Mr. MITCHELL. Madam Speaker, I rise together in the Global War on Terrorism, not I introduced H. Res. 351 because I believe today to celebrate the 60th birthday of Mr. promote plans of defeat. We need to be on that the enforcement and strengthening of ex- John G. Bebbling, a wonderful friend and lov- the offense protecting American families. isting immigration laws, the elimination of ing community member. sanctuary policies and increased cooperation Fortunately, President Bush vetoed the between Federal, State, and local law enforce- John’s life story is quite impressive. John Democrat plan for defeat last night. I look for- was born and raised in Los Angeles, Cali- ment officials are all necessary steps in rees- ward to voting to uphold this veto and am fornia. He came to Arizona, graduated from tablishing the rule of law in our country, and hopeful we can now get down to the business my alma mater, Arizona State University, with providing a significant deterrent to illegal immi- of providing for our troops. We must face the a degree in Business Administration in 1971 gration. and served in the United States Coast Guard. terrorists overseas or we will face them again I encourage my colleagues to join me in In 1974, with only $1,000 in hand, John in the streets of America. support of this resolution which is in both the opened Tempe Paint and Decorator Center. In conclusion, God bless our troops, and we economic and national security interests of the Thirty years later, that investment turned into will never forget September 11th. United States.

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 2, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E931 CONGRATULATING CHARTER CSM Greenway entered the Army in 1979, IN RECOGNITION OF WEST- SCHOOLS FOR THEIR ONGOING completed Basic Training at Fort Knox, Ken- MINSTER PRESBYTERIAN CONTRIBUTIONS TO EDUCATION tucky and Advanced Individual Training at Fort CHURCH’S 150TH ANNIVERSARY Benning, GA. He graduated from Sergeants SPEECH OF Major Academy Class 50 and completed all HON. DORIS O. MATSUI HON. LINCOLN DIAZ-BALART levels of the Non-Commissioned Officer Edu- OF CALIFORNIA OF FLORIDA cational System, NCOES, including the Ser- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES geants Major Academy and Command Ser- Wednesday, May 2, 2007 Tuesday, May 1, 2007 geants Major Course. Ms. MATSUI. Madam Speaker, I rise today Mr. LINCOLN DIAZ-BALART of Florida. CSM Greenway also has honorably and du- to congratulate and recognize Westminster Madam Speaker, I rise today to recognize the tifully served his country in several posts, both Presbyterian Church of Sacramento on the Pembroke Pines Charter School as we con- stateside and abroad, including Operation En- 150th anniversary of their congregation’s sider H. Res. 344, a bill congratulating Charter during Freedom in Afghanistan and Operation founding. Since Sacramento’s earliest days Schools. Just Cause in Panama. Westminster Presbyterian has been a constant Forty states and the District of Columbia force of spirituality and tolerance in our com- Concurrent with his service, CSM Greenway have charter schools, totaling nearly 4,000 munity. I ask all my colleagues to join me in schools nationally. Enrollment is approximately has been honored with numerous awards and honoring the church and its congregation on one million students or about 2 percent of the medals, most notably the Legion of Merit, the this historic occasion. Nation’s elementary, middle and high school Meritorious Service Medal, the Army Achieve- Founded on April 27, 1856, the Westminster enrollment. Over one-half of all charter ment Medal, the Ranger Tab, the Master Presbyterian Church of Sacramento has been schools are in Florida, Arizona, California, Parachutists Badge, and Drill Sergeants a fixture in our community for a century and Ohio and Texas. Badge. half. Their first church service was held in a The City of Pembroke Pines Charter School In addition to his many years of service, hall at 6th and J Streets, marking the forma- is the only city-sponsored charter school in honors, medals, and commendations from tion of the first Presbyterian congregation in Florida. Madam Speaker, the Pembroke Pines countless colleagues, last month CSM Green- Sacramento. Charter School, located in my district, is com- way made history: he and his son, Brandon, Westminster Presbyterian held services at a prised of seven schools ranging from K–12 were the first father and son team to compete number of downtown locations before they built and moved into its current historic home grades with a total enrollment of nearly 5,400 in the Best Ranger Competition, a grueling students. The school is so successful that on N Street, across from California’s State competition held every year at Fort Benning there is a waiting list of 9,000 students desir- capitol building in 1927. that demands exceptional navigational skill, ing to attend the Pembroke Pines Charter Through their first 150 years, Westminster great physical strength and a keen intellect. Schools. Presbyterian Church and its members have The Pembroke Pines Charter High School Madam Speaker, at this time in our nation’s sought to be a diverse, welcoming, regional has recently been rated as one of the top two history, we are in need of leaders, of individ- congregation that is able to assist individuals high schools in Broward County, with 93 per- uals who step forward and exemplify the con- in transforming their spiritual insights into posi- cent of all Pembroke Pines charter school high cept of ‘‘service above self.’’ We need more tive actions in our community. school graduates attending college. people like Command Sergeant Major Douglas For the past few years Westminster Pres- The Pembroke Pines Charter Schools were M. Greenway. byterian has extended a hand of prayer and among those nominated to the Center for Edu- compassion to many in Sacramento’s diverse It is an honor to recognize him here today. cation Reform to compete for the honor of communities. Under the leadership of Rev. being named one of the top charter schools in I humbly thank him for his service and for his David Thompson, the church has been active the Nation. Out of 4,000 charter schools na- contribution, not just to Fort Benning, but to on a wide range of issues, from civil rights to tionwide, 52 charter schools received this ac- the United States of America. global warming. With its location across from knowledgement of distinction. the State capitol, the congregation’s stance on Madam Speaker, two of these top charter f such issues has played a welcome role in schools are part of the Pembroke Pines Char- many of California’s policy debates. ter School System. Ms. Devarn Flowers, Prin- RECOGNIZING TYLER JOSEPH On a personal note, my family and I will al- cipal of the West Campuses, and other city VANVACTER FOR ACHIEVING ways be grateful to Rev. Thompson and the and school officials will attend a special rec- THE RANK OF EAGLE SCOUT church’s staff for opening their hearts and ognition program at The Center for Education doors to us after my husband, Bob Matsui, Reform in Washington, DC on May 15, 2007 passed away. The church was a gracious host to receive the ‘‘top schools’’ recognition for HON. SAM GRAVES to his funeral and the hundreds of attendees The Pembroke Pines Charter Schools. OF MISSOURI who mourned with us. I commend Ms. Devarn Flowers, the teach- Madam Speaker, as the members of West- ers, the administrators and especially the stu- IN THE HOUSE OF REPRESENTATIVES minster Presbyterian Church in Sacramento dents of Pembroke Pines Charter Schools for Wednesday, May 2, 2007 gather to celebrate the 150th anniversary of their hard work. On the occasion of National their church’s founding, I am honored to pay Charter Schools week, I am enthusiastically Mr. GRAVES. Madam Speaker, I proudly tribute to their historic church and enduring supporting this resolution. pause to recognize Tyler Joseph VanVacter, a faith. I ask all of my colleagues to join with me Madam Speaker, I urge my colleagues to very special young man who has exemplified in wishing the congregation and church’s lead- support H. Res. 344. the finest qualities of citizenship and leader- ership continued success in serving all of us f ship by taking an active part in the Boy Scouts in Sacramento. TRIBUTE TO COMMAND SERGEANT of America, Troop 270, and in earning the f MAJOR DOUGLAS M. GREENWAY most prestigious award of Eagle Scout. SALUTING BETTY LOU REED Tyler has been very active with his troop, HON. SANFORD D. BISHOP, JR. participating in many scout activities. Over the HON. MARK STEVEN KIRK OF GEORGIA years Tyler has been involved with scouting, OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES he has not only earned numerous merit IN THE HOUSE OF REPRESENTATIVES Wednesday, May 2, 2007 badges, but also the respect of his family, Wednesday, May 2, 2007 peers, and community. Mr. BISHOP of Georgia. Madam Speaker, I Mr. KIRK. Madam Speaker, I would like to rise today to honor Command Sergeant Major Madam Speaker, I proudly ask you to join salute Betty Lou Reed from Deerfield, Illinois. Douglas M. Greenway of Ft. Benning, GA. me in commending Tyler Joseph VanVacter Betty has been a part of the community for The Command Sergeant Major for the U.S. for his accomplishments with the Boy Scouts nearly fifty years, and has served at nearly Army’s Infantry School, he will soon retire from of America and for his efforts put forth in every level of government. Later this month, the Army after a long career of distinguished achieving the highest distinction of Eagle she will move to Denver so she can be near service. Scout. her daughter and grandchildren.

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E932 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2007 Betty Lou started in politics in the 1960’s as WORKERS’ MEMORIAL DAY comprehenive inspection of any American re- a volunteer and staffer. She retold stories of finery in the 10 years preceding the dev- serving bourbon and branchwater to Senator HON. LYNN C. WOOLSEY astating 2005 explosion at BP’s Texas City re- Everett Dirksen during the good old days. OF CALIFORNIA finery that killed 15 workers. But instead of hir- From 1968 to 1972 Betty Lou was an elected IN THE HOUSE OF REPRESENTATIVES ing more inspectors OSHA only wants to in- Supervisor serving on the Lake County Board. Wednesday, May 2, 2007 crease staffing for voluntary activities with its During that time, she also served as a Field industry partners. Representative for the Illinois Department of Ms. WOOLSEY. Madam Speaker, Workers’ Meanwhile, millions of public employees and Local Government Affairs. In 1971, Betty Lou Memorial Day, which was observed on April other workers still don’t even have OSHA cov- was appointed by President Nixon to the 28th, is a solemn day of remembrance for the erage, and OSHA penalties are so low that Small Business Administration’s Midwest Re- thousands of workers who have died—over they are just seen by business as the cost of gional Advisory Council. 5,700 or 16 workers a day in 2005—and a day doing business. in which we pledge to do better to protect the We need to hold this Administration’s feet to She was elected by the citizens of her com- health and safety of America’s workers. munity to the Illinois General Assembly from the fire and that is what I intend to do. And we Since the passage of the Occupational need to act here in Congress to make health 1975 to 1982, becoming the Chairman of the Safety and Health Act (OSHA) in 1970, condi- Illinois Water Resources Commission in 1980. and safety our priority and to truly honor tions in the workplace have improved and America’s workers who have died on the job. After her retirement from the legislature, she thousands of lives have been saved, but with So I hope you will join me by co-sponsoring became the District Director for our former col- this Administration’s dismal record on workers’ H.R. 2049, the Protecting America’s Workers league and my predecessor, John Edward safety, many still die and over 4 million are in- Act. Senator KENNEDY has introduced a com- Porter, from 1982 to 1989. After leaving Con- jured or fall ill every year. panion in the Senate. gressman Porter’s Congressional office, she OSHA knows how to help workers when it This law will bring much needed change by continued serving as his General Chairman wants to. For example, in 1978 when OSHA’s expanding coverage to millions of public em- from 1988 to 1994. cotton dust standard was adopted, there were ployees not covered by OSHA and to other Recognizing her talent and dedication, Betty 40,000 workers—or 12 percent of all textile private sector employees who are not cur- Lou received the prestigious Hope B. McCor- workers—12 percent of all textile workers suf- rently covered. It will increase penalties in the mick Illinois Lincoln Series Excellence in Pub- fered from this deadly disease. case of willful violations resulting in death or lic Service Award in 1996 for her exceptional By 2000, and because of the OSHA stand- serious injury and will also protect employees work in mentoring women in politics. ard, brown lung was virtually eliminated. who have the courage to speak out about un- Along with John Porter, Betty is a mentor OSHA’s 1978 standard on lead dramatically safe working conditions. and, as she would say, ‘‘a pro.’’ I hope you reduced lead poisoning, and the 1989 exca- And finally, it mandates that the Department will join me in wishing Betty Lou many years vation standard designed to protect workers of Labor investigates all cases of death or se- of happiness as she leaves our community. from trench collapses has reduced deaths by rious injuries, makes the process transparent, more than 20 percent while construction activ- and gives workers and their families the right ity has increased by 20 percent. But this ad- f to meet with investigators. ministration has one of the worst records of f TRIBUTE TO MARINE LANCE any Administration in the issuance of safety CORPORAL DANIEL CHAIRES and health standards. COMMEMORATING THE 200TH ANNI- My subcommittee, the Workforce Protec- VERSARY OF THE ABOLITION OF tions Subcommittee, held a hearing on THE TRANSATLANTIC SLAVE HON. ALLEN BOYD OSHA’s record last week where the adminis- TRADE OF FLORIDA trator of OSHA, Edwin Foulke and Eric Peo- SPEECH OF IN THE HOUSE OF REPRESENTATIVES ples, a worker who has lost 80 percent of his lung capacity due to his exposure to a dan- HON. AL GREEN Wednesday, May 2, 2007 gerous and unregulated chemical called OF TEXAS Mr. BOYD of Florida. Madam Speaker, I rise Diacytel [die-aci-teal] sat side by side. IN THE HOUSE OF REPRESENTATIVES Mr. Foulke said that his heart went out to today to applaud the valor and honor the leg- Tuesday, May 1, 2007 acy of a brave young man who gave his life Mr. Peoples and his family. But then he told Mr. AL GREEN of Texas. Madam Speaker, to his country while serving in Iraq. Marine us that there wasn’t enough proof to promul- I am proud to be a cosponsor of H. Res. 272, LCpl Daniel Chaires was killed on October 25, gate an emergency standard to protect work- a resolution commemorating the 200th anni- 2006, at the age of 20 in a gun battle with ers from Diacytel. What more evidence does he need? Diace- versary of the abolition of the transatlantic Iraqi insurgents. Daniel has left a wonderful tyl is a butter flavoring chemical that causes a slave trade. The transatlantic slave trade was legacy of devotion to his family, the commu- deadly lung disease, known popularly as a crime against the humanity of Africans, nity, his church, the Marines, and our great ‘‘Popcorn Lung.’’ Workers exposed to Diacetyl mostly from Western, Central, and Eastern Af- country. work in microwave popcorn facilities and other rica, who were kidnapped and sent to the As a descendent of one of Leon County’s factories where flavorings are used. Mr. Peo- United States and the colonies that became pioneer families, Daniel has deep roots in ples worked in one of these facilities and be- the United States which occurred between the North Florida. His hometown of Chaires, Flor- came ill within months of starting his job. Mr. 15th and late 19th centuries. Millions of Afri- ida, and Chaires Elementary School are Peoples—like many of those with popcorn cans were literally kidnapped and shipped like named after his family. On Friday, Chaires El- lung—is so sick that he is awaiting a double chattels to the Americas. In the process many ementary School will celebrate the life and lung transplant. Scientists have called the ef- were physically abused and raped. Many per- military service of Marine LCpl Daniel Chaires. fect of Diacetyl on workers’ lungs ‘‘astonish- ished as a result of torture, malnutrition, dis- The school will be dedicating a patriotic mural ingly grotesque’’ and likened it to ‘‘inhaling ease and resistance in transit. Those who sur- and a monument in honor of Daniel, who was acid.’’ Three workers have died so far. vived were forced into slavery. Slavery in the a young man of great courage and character. There has been almost no response from United States during and after British colonial As an active and energetic member of the OSHA despite the fact that OSHA scientists rule included the sale and acquisition of Afri- community, Daniel touched the lives of so have urged the Agency leadership to take cans as chattel property in interstate and intra- many. I know that his family and friends will broad action on Diacetyl. And sadly, failure to state commerce. always remember Daniel as a source of protect workers from Diacetyl is just the tip of Humans of African origin here in the United strength, inspiration, and leadership. the iceberg. The Agency has failed to issue States were robbed of their homes, family, As a Vietnam veteran, a father, and a fellow even those standards that are among its prior- language, culture, religion, and above all their American, I would like to pay tribute to Marine ities, and in 6 years only one significant safety freedom. The transatlantic slave trade is char- LCpl Daniel Chaires. We honor him, we thank and health standard issued in February 2006, acterized as the largest forced migration in him, and we will never forget the ultimate sac- and that was under court order. If OSHA were world history. What made the institution of rifice he made for his country and for the to inspect every workplace in the country just slavery in the United States unique was that cause of freedom. I know that his family is im- once, it would take the Agency 133 years. this particular form of slavery was in fact race mensely proud of him and his service, and we A recent congressional hearing revealed based with ‘black’ or ‘Negro’ becoming syn- are all in his debt. that OSHA had not done a single onymous with the word ‘slave’. Slaves were

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 2, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E933 prevented by law from learning to read and IN RECOGNITION OF THE OPENING PERSONAL EXPLANATION marriage between two slaves was not recog- OF THE EAST ALABAMA WATER, nized by the state. It is argued that the effects FIRE, AND SEWER PROTECTION HON. SOLOMON P. ORTIZ of slavery have affected African-Americans DISTRICT COMPLEX OF TEXAS and American society to this very day. IN THE HOUSE OF REPRESENTATIVES In 1807, Britain became the first European nation to ban the slave trade. France, Holland, HON. MIKE ROGERS Wednesday, May 2, 2007 and the United States soon thereafter passed OF ALABAMA Mr. ORTIZ. Madam Speaker, due to per- legislation banning the trade. However, since sonal health reasons, I was unable to vote Spain and Portugal did not follow this exam- IN THE HOUSE OF REPRESENTATIVES during the following rollcall votes. Had I been ple, African slaves continued to be sent to Wednesday, May 2, 2007 present, I would have voted as indicated countries in South America until near the end below. of the 19th century. Even with the end of the Mr. ROGERS of Alabama. Madam Speaker, Rollcall No. 270: ‘‘yes’’ rollcall No. 271: slave trade slavery would still be legal across I would like to congratulate today the dedi- ‘‘yes’’, rollcall No. 272 ‘‘yes’’. a large part of the United States until the end cated men and women of the East Alabama f of the Civil War. Water, Fire, and Sewer Protection District A TRIBUTE TO THE SAN ANTONIO I am compelled to commemorate the 200th Complex for the Open House and Ribbon Cut- FOOD BANK anniversary of the abolition of the transatlantic ting of their new facility on May 3, 2007. slave trade because we as a country cannot ever forget this legalized horror and crime The new resource protection complex in Chambers County will help provide greater fire HON. CHARLES A. GONZALEZ against humanity that was allowed to exist in OF TEXAS protection and water supplies to the city of our Nation. A horror that made our American IN THE HOUSE OF REPRESENTATIVES union a less perfect one than it was initially Valley and the rural areas of Chambers Coun- set out to be. Mr. Speaker, I urge my col- ty. With the growing population in the area, Wednesday, May 2, 2007 leagues to support and commemorate the the opening of the facility could not have come Mr. GONZALEZ. Madam Speaker, I rise 200th anniversary of the abolition of the trans- at a better time. The new facility has over today in recognition of the May 7, 2007 open- atlantic slave trade. 24,000 square feet and two buildings, which ing of the San Antonio Food Bank’s new facil- f will help provide space for current operations ity. The Food Bank is vital to those in the and storage and add room to grow. Over- greater San Antonio area who need help pro- CONGRATULATING SHOWTIME seeing the operation and management of the viding food for themselves and their families. STORM DANCE TEAM FOR WIN- new facility will be Mr. Tony Segrest, Ms. Bev- I would like to extend my sincerest congratula- NING THE UNITED STATES ALL erly Story, Chief Byron Pigg, Mr. Neal tions to this charitable organization on the STAR FEDERATION’S WORLD Marberry, Mr. Pat Meacham, and Mr. David opening of its new and improved facility. COMPETITION Martin. The Food Bank’s new space will allow them I salute the men and women of the East to expand the critical services they provide to HON. STEVAN PEARCE Alabama Water, Fire, and Sewer Protection San Antonio and its neighboring communities. OF NEW MEXICO District Complex for their service to the com- The Food Bank’s food storage capacity will in- IN THE HOUSE OF REPRESENTATIVES munity, and congratulate them at the dedica- crease five fold—from two million pounds of Wednesday, May 2, 2007 tion of this important new facility. food to storage space for ten million pounds. Mr. PEARCE. Madam Speaker, I rise today The facility will house a community center, en- to congratulate the Showtime Studios Dance f abling the center to enlarge its community out- Team, Showtime Storm from Alamogordo, reach and improve access to its services. Its New Mexico on their success at the United CONGRATULATING NUMBERSUSA large cold storage capacity will allow the Food States All Star Federation’s World Competition ON ACHIEVING THEIR 10-YEAR Bank to further diversify its food selection, (USASF). This is a competition where young ANNIVERSARY maximizing the nutritional value of the prod- people travel to Disney World to compete ucts it provides. Additionally, a state-of-the-art against the best dancers from around the kitchen, capable of preparing 50,000 meals is world. These 18 students from the Showtime HON. THOMAS G. TANCREDO located in the new facility, greatly enhancing Studio’s senior hip hop team showed their dili- OF COLORADO the organization’s ability to offer Texans emer- gent work ethic and amazing talent by advanc- gency food assistance during natural disasters IN THE HOUSE OF REPRESENTATIVES ing to the world competition through a series or other emergencies. of regional and national dance championships. Wednesday, May 2, 2007 This crucial organization began serving The hip hop dance team set a high standard southwest Texas in 1980, and its operations for others to follow since 2007 was the first Mr. TANCREDO. Madam Speaker, I rise continue to grow to meet the needs of Texans year USASF held the Senior Hip Hop Gold today to offer my sincere congratulations to facing food-shortage emergencies. As one of Championship title. The team has overcome NumbersUSA on achieving its 10-year anni- the largest operations of its kind in the United adversity on their journey to the championship versary. For the past decade, NumbersUSA States, the Food Bank works with its 380 part- and I commend them for their dedication and has worked to advocate for common-sense ner organizations, which include senior citizen success. immigration reforms. centers, church pantry programs, soup kitch- I am proud to recognize the Showtime Formed in 1997 by Roy Beck, NumbersUSA ens, emergency food shelters, orphanages, Storm dance squad for their accomplishments. has grown dramatically from 300 a decade after school programs, day care centers and I specifically want to congratulate, Kelsey ago to over 300,000 activist members today. rehabilitation facilities spread across 16 south- Osterholm, Perla Alarcon, Michael Barber, They have provided a voice for the hundreds west Texas counties, to make over 21 million Adam Berg, Samantha Burch, Marco Cardiel, of thousands of Americans that expect their meals available annually. The Food bank also Erica Clausen, Samantha Collins, Bryan Har- government to enforce our immigration laws delivers 40 pound boxes of food to over ris, Vanessa Hernandez, Raynee Hopkins, and pursue policies that enhance the security, 40,000 Texas families each month. Shawnna Jett, Kristina Joyner, Macey prosperity, and overall well-being of our Na- The Food Bank is consistently recognized Marquardt, Ashley Pacheco, Sarah Santos, tion. for its good work, including its effective use of Whitney Weise, Lexi Wright, assistant coach funds. In fact, for two years in a row, the Food Vickie Marquardt, and head coach Lorrie NumbersUSA honors our immigrant heritage Bank has received a four-star rating for finan- Black. and our commitment to the rule of law through cial management from Charity Navigator, the It is my honor as a Member of Congress to its work toward a more sustainable national country’s largest independent evaluator of have the chance to congratulate this out- immigration policy. charities. I am very proud of the important standing group of young people on an So once again, Madam Speaker, I would work that the Food Bank conducts, as well as achievement their hard work has earned them. like to congratulate Mr. Beck and the staff and the effective manner in which such work is Congratulations to each of you, your family, members of NumbersUSA on the achievement done. your community, and your congressman are of this important milestone, and wish them the The message of caring this organization all proud of your achievements. best of luck in the future. sends through its gift of food to those in need

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E934 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2007 must be heard and acted upon by us all. The CONGRATULATING A.W. ZENGELER ent. Representing the urban and agricultural San Antonio Food Bank, and organizations CLEANERS ON THEIR SESQUI- users of California, the association is the larg- like it, provide success stories that inspire us CENTENNIAL est of its kind and has an enormous impact on to action. While its new expanded facility is citizens and consumers throughout the nation. evidence of a growing need for emergency HON. MARK STEVEN KIRK Prior to assuming his responsibilities at A.C.W.A, Steven Hall was Executive Director food services, it also demonstrates a will on OF ILLINOIS of the California Farm Water Coalition, which the part of our community to address these IN THE HOUSE OF REPRESENTATIVES needs. he founded. The Coalition was a first-of-its- Wednesday, May 2, 2007 kind coalition of agricultural water users and On the occasion of the opening of the San Mr. KIRK. Madam Speaker, I rise today in water agencies which developed strategic in- Antonio Food Bank’s new facility, I extend my honor of the 150th Anniversary of Zengeler formation and policy related to agricultural heartfelt congratulations to the organization’s Cleaners, a well established family-owned water use in the state. He was instrumental in hard working staff on their service to the com- business in my district. The Zengelers exem- enactment of major water transfer legislation munity and to congratulate them on their con- plify the highest work ethic and the very spirit and related issues. tinuing efforts to ensure that all Texans are of achieving the American Dream. For 4 years prior to his work at the Coali- fed. John Zengeler established ‘‘The New York tion, he founded and directed the Land Pres- Steam Dye Works,’’ a clothing cleaning busi- ervation Association which developed and im- f ness, at 208 South Clark St. in Chicago in plemented policy on irrigation and drainage in 1857. He then moved the business to S. Prai- California. He helped develop policy and fund- IN HONOR OF JANE ITOGAWA rie St. in 1866, which was destroyed in the ing solutions for impacted agricultural land as Great Chicago Fire in 1871. He rebuilt on S. well as serving on policy and technical work Cottage Grove Ave. in Chicago and John’s groups formulating recommendations to state HON. DORIS O. MATSUI eldest son Arthur W. (‘‘A.W.’’) Zengeler joined and federal policy makers. Perhaps his greatest achievement was lead OF CALIFORNIA his father in the business in 1896. They opened a new location as A.W. Zengeler negotiator in the three-way efforts between ag- IN THE HOUSE OF REPRESENTATIVES Cleaners in 1906. ricultural, urban and environmental water users that led to creation of the CALFED Bay- Wednesday, May 2, 2007 In 1930, A.W.’s sons, Ralph, Art and AI, be- came active in the business, with Ralph be- Delta Program. CALFED is a unique collabo- Ms. MATSUI. Madam Speaker, I rise today coming the third generation of leadership in ration among 25 state and federal agencies in tribute to a wonderful woman who has 1948. Following that tradition, Ralph’s son with a mission of improving water supplies in served the Federal government for over forty Robert became the fourth generation to lead California and the health of the San Francisco Bay/Sacramento-San Joaquin River Delta, a years. This week, Jane Itogawa will be retiring the family business; and three of Robert’s six body of water on which two-thirds of Califor- from the Office of the Federal Defender, East- children—Robert, Jr., Michael, and Thomas— nia’s citizens depend for water. As a result of ern District of California after a distinguished became the fifth generation of the Zengeler family to join the business. Six years ago, the early work of the program, the California career. As her colleagues, friends and family Bay-Delta Authority was formed to oversee the gather to celebrate her retirement, I ask all of Thomas Zengeler became President and the fifth generation leader of the family-owned program’s implementation, and Congress my colleagues to join me in saluting this out- adopted the plan in 2004. Steve Hall was a standing Sacramento resident and public serv- company. Over the years, Zengeler Cleaners has guiding force behind these accomplishments, ant. grown to seven stores in Lake and Cook and he leaves much of its work as his legacy. In 1971 Sacramento’s Office of the Federal Counties, with an eighth store planned to open Steve Hall is a friend and role model to all Defender was established and E. Richard later in 2007. The business is now home to of us who know him. His passion for family Walker was named the first Federal Defender. 145 employees, 27 of whom have been with and friends is well-known. Steve’s ability to Within a year, a then Jane Hashiaka was se- the company for 20 years or more. It is a combine humor with work has made public lected to serve as the Secretary to the Federal strong contributor to our local economy in the policy efforts productive and enjoyable. Defender. Prior to that position Jane had 10th Congressional District of Illinois. At the end of the day, we are all judged by worked for the Treasury Department, Depart- This year we pause to celebrate the com- how we handle success and adversity. No one has demonstrated any better than our friend ment of Justice and the Department of Agri- pany’s 150th Anniversary and a proud history Steve Hall on how we deal with life’s chal- culture. in which it overcame the Great Chicago Fire, lenges. Let the record clearly state that Steve However, it was with the Office of the Fed- the Civil War, two World Wars and the Great Depression, emerging as one of the premier Hall is a true gentleman and a class act. eral Defender, where those unable to retain I join the other members of the California fabric care specialists in the United States. legal counsel are provided representation in Congressional delegation and all of Steve’s I commend the Zengeler family for success- front of the court, that Jane found a home that friends in wishing him well, and congratulating fully passing down their proud work ethic and would last for 35 years. Since starting as the him for the depth and scope of his accom- commitment to quality for 150 years and office’s secretary, she has been promoted to plishments that have affected all California. through five generations. Administrative Assistant and then the position f of Administrative Officer. At each position f HONORING THE CHILDREN’S Jane’s colleagues remarked that her dedica- TRIBUTE TO STEVEN HALL HEALTH INITIATIVE OF NAPA tion to the office was unmatched and that she COUNTY consistently went above and beyond the call HON. JIM COSTA of duty. OF CALIFORNIA HON. MIKE THOMPSON On June 1st 1976, Jane married Eugene IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Itogawa. Last year the couple celebrated their Wednesday, May 2, 2007 IN THE HOUSE OF REPRESENTATIVES 30th wedding anniversary. They have one Wednesday, May 2, 2007 daughter, Michele Itogawa. In her spare time Mr. COSTA. Madam Speaker, this week, Jane gives back to the community by staying the Association of California of Water Agen- Mr. THOMPSON of California. Madam cies, representative of private and public water active with the Buddhist Church of Sac- Speaker, I rise today to honor the Children’s experts, marks the coming retirement of its ramento, where she assists with the church’s Health Initiative of Napa County for the excel- Executive Director, Steven Hall. He is a per- annual Japanese Food and Cultural Bazaar. lent work it has done to expand health insur- son who knows that water is the life-blood of ance coverage to all of Napa County’s chil- Madam Speaker, as Jane Itogawa enters California, and has been a key figure in plan- dren. By trying to ensure that every child in retirement, I am truly honored to pay tribute to ning for our state’s future. Napa County has some form of health insur- a friend and dedicated public servant. I ask all Steven Hall has held that position since ance, the Children’s Health Initiative is working of my colleagues to join with me in wishing 1992 and has helped formulate and guide the to improve the quality of life for all children Jane, her husband Gene and daughter development and allocation of the water re- and families in Napa County. Michelle continued success and happiness in sources upon which the entire California popu- The Children’s Health Initiative was founded all of their future endeavors. lation and agricultural production are depend- in 2005 with the goal of providing insurance

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 2, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E935 coverage for every child in Napa County, ei- discriminatory restrictions on treatments and HONORING THE CAREER OF ther directly or by working with families to ob- I’m honored to be a part of this effort to finally STEPHEN MCKENNEY STECK tain coverage through other programs they guarantee that the millions of Americans who might qualify for. Often families qualify for need mental health and addiction services can HON. TOM FEENEY health insurance but are intimidated by the pa- obtain the treatment they deserve. OF FLORIDA perwork or relatively minor costs associated The urgent need for the Paul Wellstone IN THE HOUSE OF REPRESENTATIVES with many insurance programs. A twin ap- Mental Health and Addiction Equity Act of Wednesday, May 2, 2007 proach of helping families make those enroll- 2007 is surely best expressed by those who ments where qualified while providing a com- have seen a loved one in need denied cov- Mr. FEENEY. Madam Speaker, I rise today prehensive health insurance program to those erage. I think immediately of Kitty Westin, to honor Mr. Stephen McKenney Steck for his who do not has been the foundation of this whose daughter Anna suffered from anorexia, 40 years of service to the WMFE public broad- program’s success. a deadly disease that affects approximately 8 casting stations that serve the greater Orlando Since the start of programmatic work in De- million Americans and ultimately claimed area. cember 2005, Children’s Health Initiative has Anna’s life. During her daughter’s battle with An Orlando native, Steve began his only ca- gained health insurance for 2,100 children in anorexia, Kitty took Anna to the hospital. Anna reer in 1959 at WFTV (then WLOF) as a tele- Napa County. Approximately 30 percent of was refused care by their insurance company vision director and later as senior producer/di- these were through the initiative’s own Healthy because it did not consider access to mental rector for news and public affairs programs. Steve started a 40-year run at WMFE in Kids insurance, while the remainder have suc- health treatment important enough to cover. 1967 as production manager and was ap- cessfully enrolled in the partnership programs Kitty knows this is completely unacceptable pointed operations manager in 1970. In 1972, MediCal, Healthy Families, and Kaiser and has been fighting selflessly to make sure Steve was elected President of WMFE and Permanente’s Child Health Plan. The program no other family experiences the same frustra- held that position with distinction for 34 years. has done very well, reaching into communities tion and pain. I commend her for carrying on Steve’s major accomplishments during his that have traditionally lacked information about Anna’s legacy so impressively through her ad- tenure include moving WMFE’s physical plant health care resources. Around 95 percent of vocacy efforts and community work. For Kitty to a multi-million dollar broadcast center in the children served by the initiative’s own and all of the others who have encountered in- East Orlando, the activation of public radio Healthy Kids insurance program are Spanish surance discrimination, I carry Paul Well- station 90.7 WMFE–FM, expanding both sta- speaking by birth, and many live in house- stone’s message that mental health care is an tion’s programming to a full 24-hour per day holds with incomes not far above the federal imperative part of all heath care. My hope is schedule, overseeing a program schedule poverty line. that this bill in his name will finally pass, guar- viewed each week by more than 485,000 Cen- It is extraordinarily important that children in anteeing that all Americans have access to tral Florida households and a radio schedule any community be given access to a com- mental health and addiction services. listened to each week by more than 194,000 prehensive health care. Not only is it good for Central Florida residents. the individual child’s health and development, f Steve concluded a $4 million expansion of but it also has numerous positive effects TRIBUTE TO RYAN JOHN BUR- the Public Broadcasting Center in 1992, a $2 throughout the community. By ensuring reg- GESS, UNITED STATES MARINE, million reexpansion in 2003, and a $10 million ular access to preventative care and examina- LANCE CORPORAL Campaign for Program Excellence in 2002 tions, as well as immunizations, children are generating funds directed to local program- healthier and pose less risk of transmitting dis- ming that connected the community in a man- eases to others, and require fewer expensive HON. DAVE CAMP ner not duplicated by local electronic media. OF MICHIGAN visits to the emergency room. Parents benefit Steve recently concluded WMFE’s $7 million IN THE HOUSE OF REPRESENTATIVES as well, as they take fewer sick days and so Campaign for Digital Television that activated are more stable in their jobs. Wednesday, May 2, 2007 WMFE–DT/Channel 23 in 2003. He has Madam Speaker, it is appropriate at this Mr. CAMP of Michigan. Madam Speaker, launched the creation of a new $2.4 million time that we thank the Children’s Health Initia- program vision for these stations. A transition tive of Napa County for the remarkable strides the events of the last few years have re- minded us that ‘‘eternal vigilance is the price to digital radio broadcasting rests in the short- this program has taken in just 2 years. Only term future. Under his leadership, WMFE’s an- through the hard work and generous contribu- of liberty.’’ The United States stands as a bea- con of hope and liberty for the world because nual budget has grown from $250,000 to more tions of countless members of our community than $8 million. has this program gotten such a strong start, of the eternal vigilance of the men and women who have served and are serving in the At age 63, Steve attained a 10-year goal: and I know that we will see much more starting in and finishing a marathon in all of progress in the years to come. United States military. Marine Lance Corporal Ryan John Burgess the 50 states and the District of Columbia and f was one such soldier. A patriot through and on all 7 continents—including Antarctica! HONORING THE PAUL WELLSTONE through, Ryan did not hesitate to answer the Steve is married to Desta L. Homer, a former LEGACY call to duty when his country went to war. teacher at Winter Springs High School in Never an easy decision, and one that causes Seminole County. They have three adult chil- HON. KEITH ELLISON great concern amongst parents, Ryan enlisted dren and five grandchildren. and excelled as a marine. His leadership was Madam Speaker, in closing, I would like to OF MINNESOTA extend my heartfelt thanks to Steve for his IN THE HOUSE OF REPRESENTATIVES often recognized by his superiors in the form of being granted additional responsibilities. years of service and dedication to his Orlando Wednesday, May 2, 2007 Today, I want to recognize on the floor of community. I ask my colleagues to join me in Mr. ELLISON. Madam Speaker, it is an the United States House of Representatives congratulating Mr. Steve on his retirement and honor for me to speak in support of the Paul the life and service of Ryan John Burgess—a wishing him the best of luck in all future en- Wellstone Mental Health and Addiction Equity life given in full so that our freedom may be deavors. Act of 2007. I want to thank both Congress- preserved. Ryan’s bravery serves as a stark f man KENNEDY and Congressman RAMSTAD for reminder of the responsibility we have as INTRODUCTION OF REPAIRING their dedication to ending insurance discrimi- stewards of this great country—the land of the YOUNG WOMEN’S LIVES AROUND nation and ensuring all Americans have ac- free and the home of the brave. THE WORLD ACT cess to mental health and addiction services. So, as we salute heroes like Ryan John I also want to thank Speaker PELOSI, Majority Burgess, we remember them with undying HON. CAROLYN B. MALONEY Leader HOYER, and Majority Whip CLYBURN for gratitude. And we resolve, though we cannot OF NEW YORK their leadership in championing this bill and repay the debt we owe them, to live our lives IN THE HOUSE OF REPRESENTATIVES mental health access issues. in such a way as to be worthy of their sac- As a Minnesotan, I’m struck by the emotion rifice. Wednesday, May 2, 2007 of this day because the late Senator Well- May God keep Ryan; may God watch and Mrs. MALONEY of New York. Madam stone’s tireless efforts to ensure mental health comfort his family; and, may God continue to Speaker, today I am reintroducing the bi- parity might finally be realized. Paul Wellstone grant this Nation with the courage to defend partisan Repairing Young Women’s Lives knew it was wrong for health insurers to place life and liberty. Around the World Act, a bill

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E936 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2007 vital to saving the lives of women and their cares about women and children around the orders mandating young girls—6th graders— children around the world. This bill funds world. Now is the time to allow the U.S. to re- receive the HPV vaccine in order to attend UNFPA (the United Nations Population Fund) commit to the maternal health of women and school. strictly for the prevention, treatment, and re- children around the world. States have historically established and en- pair of obstetric fistula. f forced their own vaccine and immunization More than two million women worldwide practices that dictate their school admittance APPLAUDING THE TEXAS STATE have obstetric fistula, which results from pro- policies. longed labor without medical attention. During LEGISLATURE delivery, the infant’s head presses against the Requiring school-aged children to receive woman’s pelvis for so long that the tissue dies HON. PHIL GINGREY certain vaccines in order to attend school started as a public health concern so as to and a hole develops between the woman’s va- OF GEORGIA avoid widespread outbreaks of communicable gina and rectum, leaving the woman without IN THE HOUSE OF REPRESENTATIVES control of her bladder or bowels and often re- diseases. However, Madam Speaker, since Wednesday, May 2, 2007 sulting in the death of the infant. In addition, HPV can only be spread through sexual con- many women who have the condition are Mr. GINGREY. Madam Speaker, I rise today tact, mandating this vaccine is unprecedented, abandoned by their husbands and families be- to applaud the Texas State legislature for and I believe it is an egregious intrusion by cause they are considered ‘‘unclean’’ and the passing House Bill 1098, which prevents man- government into what should be a parent- women are often forced to beg or turn to pros- datory human-papillomavirus (HPV) vaccina- physician-patient decision. titution to survive. The condition was once tion for middle school girls in the State of Accordingly, I have introduced legislation, common throughout the world, but over the Texas until at least 2011. the Parental Right to Decide Protection Act, last century has been eradicated in Europe This legislation was a necessary response which would prohibit federal funds from being and North America through improved medical to the ill-advised executive order signed by used to implement any type of mandatory care. For example, New York’s hospital for fis- Governor Perry in February of this year, which HPV vaccine program. We need to stand up tula patients, now the site of the Waldorf requires every girl in the state of Texas to re- against this government interference into the Astoria Hotel, closed in 1895 because of di- ceive a vaccine against HPV. I stand tonight lives of our children, which side-steps parental minishing cases. to encourage the Governor of Texas to quickly rights and responsibilities. Fortunately, UNFPA is working with partners sign H.B. 1098 into law and return important This is why I am so encouraged by the ac- on a global campaign to prevent and treat fis- healthcare choices to parents and physi- tion of the Texas State legislature to stand up tula, with the goal of making the condition as cians—not the state or Federal government. for the rights of our children, protect the role Madam Speaker, HPV is a sexually trans- rare in Africa and Asia as it is in the devel- of parents and preserve the physician-patient mitted disease of which two strains, types 16 oped world. In fact, UNFPA works in 56 coun- relationship. tries, more than the U.S. currently does, coun- and 18, are associated with about 70 percent tries with the severest of problems. Many of of cervical cancers. In June of 2006, the Food Madam Speaker, our government should the nations where there is no USAID presence and Drug Administration approved the first not insert itself into this conversation—and I suffer under political turmoil and poor living vaccine that protects against 4 types of HPV. want to join the many medical groups, patient conditions and serve as breeding grounds for As an OB/GYN physician, I applaud this groups and parental rights groups—to call on terrorists. achievement in modern medicine. However, I the Governor of Texas to sign this very impor- I believe that this legislation would help to am greatly concerned with the trend in many tant piece of legislation. provide a concrete way to show that the U.S. states to introduce legislation or sign executive

VerDate Aug 31 2005 05:32 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\E02MY7.REC E02MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 2, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E937 SENATE COMMITTEE MEETINGS Foreign Relations Appropriations Title IV of Senate Resolution 4, To hold hearings to examine climate State, Foreign Operations, and Related change relating to national security agreed to by the Senate on February 4, Programs Subcommittee threats. To hold hearings to examine proposed 1977, calls for establishment of a sys- SD–419 budget estimates for fiscal year 2008 for tem for a computerized schedule of all Veterans’ Affairs the Department of State and foreign meetings and hearings of Senate com- To hold hearings to examine on benefits operations. mittees, subcommittees, joint commit- legislation. SD–192 tees, and committees of conference. SD–562 2 p.m. This title requires all such committees 10 a.m. Judiciary to notify the Office of the Senate Daily Rules and Administration To hold hearings to examine the nomina- Digest—designated by the Rules Com- To hold hearings to examine improving tion of Michael J. Sullivan, of Massa- energy efficiency, increasing the use of mittee—of the time, place, and purpose chusetts, to be Director, Bureau of Al- renewable sources of energy, and reduc- of the meetings, when scheduled, and cohol, Tobacco, Firearms, and Explo- ing the carbon footprint on the Capitol any cancellations or changes in the sives. complex. SD–226 meetings as they occur. SR–301 As an additional procedure along 10:30 a.m. 2:30 p.m. with the computerization of this infor- Appropriations Homeland Security and Governmental Af- mation, the Office of the Senate Daily Defense Subcommittee fairs Digest will prepare this information for To hold hearings to examine proposed To hold hearings to examine violent printing in the Extensions of Remarks budget estimates for fiscal year 2008 for Islamist extremism, focusing on gov- section of the CONGRESSIONAL RECORD the Department of Defense. ernment efforts to defeat it. on Monday and Wednesday of each SD–192 SD–342 week. 2:30 p.m. Intelligence Meetings scheduled for Thursday, Commerce, Science, and Transportation To hold closed hearings to examine cer- May 3, 2007 may be found in the Daily Consumer Affairs, Insurance, and Auto- tain intelligence matters. motive Safety Subcommittee SH–219 Digest of today’s RECORD. To hold hearings to examine All-Terrain MEETINGS SCHEDULED Vehicle (ATV) safety. MAY 16 SR–253 10 a.m. MAY 7 Foreign Relations Judiciary 1:30 p.m. To hold hearings to examine the nomina- To hold hearings to examine rogue online Appropriations tions of Dell L. Dailey, of South Da- pharmacies, focusing on the growing Labor, Health and Human Services, Edu- kota, to be Coordinator for Counterter- problem of internet drug trafficking. rorism, with the rank and status of cation, and Related Agencies Sub- SD–226 Ambassador at Large, and Mark P. committee Veterans’ Affairs Lagon, of Virginia, to be Director of To hold hearings to examine proposed To hold hearings to examine the nomina- budget estimates for fiscal year 2008 for the Office to Monitor and Combat Traf- ficking, with the rank of Ambassador tion of Michael K. Kussman, of Massa- the National Institutes of Health: chusetts, to be Under Secretary for Frontiers of Science. at Large. Health of the Department of Veterans SD–116 SD–419 3 p.m. Affairs. MAY 8 Appropriations SD–562 2:30 p.m. 10 a.m. Financial Services and General Govern- Small Business and Entrepreneurship Finance ment Subcommittee Business meeting to markup S. 1256, to To hold an oversight hearing to examine To hold hearings to examine proposed the Medicare prescription drug benefit. budget estimates for fiscal year 2008 for amend the Small Business Act to reau- SD–215 the Department of the Treasury. thorize loan programs under that Act. Health, Education, Labor, and Pensions SD–192 SR–428A To hold hearings to examine community integration and recovery, focusing on MAY 10 MAY 17 transforming mental health and sub- 9:30 a.m. 10 a.m. stance abuse systems of care. Energy and Natural Resources Commerce, Science, and Transportation SD–628 To hold hearings to examine the nomina- Surface Transportation and Merchant Ma- Judiciary tions of Joseph Timothy Kelliher, of rine Infrastructure, Safety and Secu- To hold hearings to examine privacy and the District of Columbia, to be a Mem- rity Subcommittee civil liberties concerns, focusing on the ber of the Federal Energy Regulatory To hold hearings to examine rail safety REAL ID Act (Public Law 109–13). Commission, and R. Lyle Laverty, of reauthorization. SD–226 Colorado, to be Assistant Secretary for SR–253 2:30 p.m. Fish and Wildlife. Appropriations SD–366 MAY 23 Energy and Water Development Sub- Indian Affairs committee Business meeting to consider pending 9:30 a.m. To hold hearings to examine the policies legislative business. Veterans’ Affairs and funding necessary for reducing SR–485 To hold hearings to examine on health U.S. oil dependence relating to the re- Homeland Security and Governmental Af- legislation. sults of an analysis conducted to assess fairs SD–562 the economic impact of implementing Oversight of Government Management, the the Energy Security Leadership Coun- Federal Workforce, and the District of cil’s recommendations to the Nation. Columbia Subcommittee SD–192 To hold hearings to examine a status re- POSTPONEMENTS Intelligence port on reform efforts by the Under Closed business meeting to consider cer- Secretary of Homeland Security for MAY 4 tain intelligence matters. Management. 9:30 a.m. SH–219 SD–342 Commission on Security and Cooperation 10 a.m. in Europe MAY 9 Commerce, Science, and Transportation To hold hearings to examine Russia, fo- 9:30 a.m. Oceans, Atmosphere, Fisheries, and Coast cusing on the reemergence of Russia as Agriculture, Nutrition, and Forestry Guard Subcommittee a major political and economic power. To hold hearings to examine farm bill To hold hearings to examine the effects CHOB311 policy proposals relating to farm and of climate change and ocean acidifica- energy issues and rural development. tion on living marine resoucres. SR–328A SR–253

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HIGHLIGHTS House committees ordered reported 22 sundry measures. Senate baby turtles as pets so long as the seller uses proven Chamber Action methods to effectively treat salmonella. Page S5444 Routine Proceedings, pages S5439–S5524 Dorgan Amendment No. 990, to provide for the Measures Introduced: Fourteen bills and one reso- importation of prescription drugs. lution were introduced, as follows: S. 1262–1275, Pages S5444, S5452–53, S5461–69, S5470–71, S5472–73, and S. Con. Res. 30. Page S5497 S5474–78 Cochran Amendment No. 1010 (to Amendment Measures Passed: No. 990), to protect the health and safety of the Public Service Recognition Week: Committee on public. Pages S5444, S5490 Homeland Security and Governmental Affairs was Stabenow Amendment No. 1011, to insert provi- discharged from further consideration of S. Res. 150, sions related to citizens petitions. expressing the sense of the Senate that public serv- Pages S5433–55, S5474, S5490–91 ants should be commended for their dedication and Brown (for Brownback/Brown) Amendment No. continued service to the Nation during Public Serv- 985, to establish a priority drug review process to ice Recognition Week, May 7 through 13, 2007, encourage treatments of tropical diseases. and the resolution was then agreed to. Pages S5523–24 Pages S5473–73 Measures Considered: Vitter Amendment No. 983, to require counter- Prescription Drug User Fee Amendments: Senate feit-resistant technologies for prescription drugs. continued consideration of S. 1082, to amend the Pages S5482–85 Federal Food, Drug, and Cosmetic Act to reauthorize Inhofe Amendment No. 988, to protect children and amend the prescription drug user fee provisions, and their parents from being coerced into admin- and taking action on the following amendments pro- istering a controlled substance in order to attend posed thereto: Pages S5444–92 school. Pages S5487–88 Adopted: Gregg/Coleman Amendment No. 993, to provide DeMint Amendment No. 1018, to amend the no- for the regulation of Internet pharmacies. tification provision with respect to drugs deemed to Pages S5488–90 have risk evaluation and mitigation strategies. A unanimous-consent agreement was reached pro- Pages S5469–70, S5471–72 viding for further consideration of the bill at 9:30 By a unanimous vote of 94 yeas (Vote No. 149), a.m., on Thursday, May 3, 2007; that there be one Durbin Modified Amendment No. 1022, to ensure hour for debate, equally divided and controlled be- the safety of human and pet food. Pages S5478–82 tween the Majority and Republican Leader, or their Schumer Amendment No. 1025, to express the designees; that Senate vote on the motion to invoke sense of the Senate with respect to follow-on bio- cloture on Dorgan Amendment No. 990 (listed logics. Page S5485 above); provided further that Senators be authorized Rejected: to file second-degree amendments until 10 a.m., on By 41 yeas and 53 nays (Vote No. 148), Allard Thursday, May 3, 2007. Page S5524 Amendment No. 982, to strike provisions related to Messages From the House: Page S5494 market exclusivity. Pages S5445–52, S5455–61 Measures Referred: Page S5494 Pending: Landrieu Amendment No. 1004, to require the Measures Placed on the Calendar: Page S5494 Food and Drug Administration to permit the sale of Petitions and Memorials: Pages S5495–97 D601

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Executive Communications: Pages S5494–95 SCIENCE NOBEL LAUREATES Executive Reports of Committees: Page S5497 Committee on Commerce, Science, and Transportation: Sub- Additional Cosponsors: Pages S5497–99 committee on Science, Technology, and Innovation concluded a hearing to examine the 2006 Nobel Statements on Introduced Bills/Resolutions: Laureates, after receiving testimony from John C. Pages S5499–S5510 Mather, Chief Scientist, Science Mission Directorate, Additional Statements: Page S5494 National Aeronautics and Space Administration; Amendments Submitted: Pages S5510–22 George F. Smoot III, Lawrence Berkeley National Laboratory, Department of Energy; Andrew Fire, and Authorities for Committees to Meet: Page S5523 Roger Kornberg, both of Stanford University School Privileges of the Floor: Page S5523 of Medicine, Stanford, California; and Craig C. Record Votes: Two record votes were taken today. Mello, University of Massachusetts Medical School, (Total—149) Pages S5461, S5482 Worcester. Adjournment: Senate convened at 9:30 a.m., and BUSINESS MEETING adjourned at 6:24 p.m., until 9:30 a.m. on Thurs- Committee on Energy and Natural Resources: Committee day, May 3, 2007. (For Senate’s program, see the re- ordered favorably reported the following: marks of the Acting Majority Leader in today’s An original bill to enhance the energy security of Record on page S5524.) the United States by promoting biofuels; and The nomination of Steven Jeffrey Isakowitz, of Committee Meetings Virginia, to be Chief Financial Officer, Department of Energy. (Committees not listed did not meet) MEDICARE PRESCRIPTION DRUG BENEFITS APPROPRIATIONS: GLOBAL HEALTH Committee on Finance: Committee concluded a hearing Committee on Appropriations: Subcommittee on Labor, to examine the Medicare prescription drug benefit, Health and Human Services, Education, and Related focusing on monitoring early experiences, after re- Agencies concluded a hearing to examine proposed ceiving testimony from Kris Gross, Iowa Insurance budget estimates for fiscal year 2008 for global Division, Des Moines; Vicki Gottlich, Center for health, after receiving testimony from Michael O. Medicare Advocacy, Inc., and Timothy L. Tucker, Leavitt, Secretary, Stephen B. Blount, Director, Co- American Pharmacists Association, both of Wash- ordinating Office of Global Health, Centers for Dis- ington, D.C.; and Tobey T. Schule, Sykes Pharmacy, ease Control and Prevention, and Roger I. Glass, Di- Kalispell, Montana. rector, Fogarty International Center, National Insti- INTERNATIONAL TRAVEL DOCUMENTS tutes of Health, all of the Department of Health and Committee on the Judiciary: Subcommittee on Ter- Human Services. rorism, Technology and Homeland Security con- APPROPRIATIONS: DEFENSE cluded a hearing to examine strengthening the secu- INTELLIGENCE rity of international travel documents, focusing on Committee on Appropriations: Subcommittee on Defense interrupting terrorist travel activities, and S. 276, to concluded a closed hearing to examine proposed strengthen the consequences of the fraudulent use of budget estimates for fiscal year 2008 for defense in- United States or foreign passports, after receiving telligence, after receiving testimony from Mike testimony from Andrew T. Simkin, Director, Office McConnell, Director of National Intelligence; James of Fraud Prevention Programs, Bureau of Consular R. Clapper, Under Secretary of Defense for Intel- Affairs, and Patrick D. Donovan, Assistant Director ligence. for Diplomatic Security, Director of Domestic Oper- ations, Bureau of Diplomatic Security, both of the BUDGET: DEFENSE AUTHORIZATION Department of State; Michael P. Everitt, Unit Chief, Committee on Armed Services: Subcommittee on Stra- Forensic Document Laboratory, U.S. Immigration tegic Forces concluded a hearing to examine the De- and Customs Enforcement, and Paul Morris, Execu- partment of Energy atomic energy defense programs tive Director, Admissibility Requirements and Mi- in review of the Defense Authorization Request for gration Control, Office of Field Operations, U.S. Fiscal Year 2008, after receiving testimony from Customs and Border Protection, both of the Depart- James A. Rispoli, Assistant Secretary for Environ- ment of Homeland Security; Ronald K. Noble, ment Management, Glenn S. Podonsky, Chief Interpol, Lyon, France; and Clark Kent Ervin, Aspen Health, Safety and Security Officer, both of the De- Institute, and Brian Zimmer, Kelly, Anderson, and partment of Energy. Associates, both of Washington, D.C.

VerDate Aug 31 2005 06:22 May 03, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D02MY7.REC D02MYPT1 mstockstill on PROD1PC66 with DIGEST May 2, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D603 NURSING HOME REFORM ACT trator, Centers for Medicare and Medicaid Services, Special Committee on Aging: Committee concluded a Department of Health and Human Services; Orlene hearing to examine the Nursing Home Reform Act Christie, Michigan Department of Community (Public Law 100–203), focusing on accomplishments Health, Lansing; Charlene Harrington, University of of the Act and the challenges that remain, after re- California San Francisco; Alice H. Hedt, National Citizen’s Coalition for Nursing Home Reform, ceiving testimony from Kathryn G. Allen, Director, Washington, D.C.; and Mary Ousley, Ousley and Health Care, Government Accountability Office; Associates, Richmond, Kentucky, on behalf of the James Randolph Farris, Dallas Regional Adminis- American Health Care Association. h House of Representatives tember 30, 2007, and explained his reasons there- Chamber Action for—ordered printed (H. Doc. 110–31). Page H4315 Public Bills and Resolutions Introduced: 20 pub- Subsequently, the House voted to sustain the lic bills, H.R. 2102–2121; and 5 resolutions, H. President’s veto of H.R. 1591, making emergency Res. 362–363, 365–367, were introduced. supplemental appropriations for the fiscal year end- Pages H4415–16 ing September 30, 2007, by a yea-and-nay vote of Additional Cosponsors: Pages H4416–17 222 yeas to 203 nays, with 1 voting ‘‘present’’, Roll Reports Filed: Reports were filed today as follows: No. 276 (two-thirds of those present not voting to override). Pages H4315–26 H.R. 982, to promote democratic values and en- hance democracy (H. Rept. 110–119) and Subsequently, the message and the bill were re- H. Res. 364, providing for consideration of H.R. ferred to the Committee on Appropriations. 1592, to provide Federal assistance to States, local Page H4326 jurisdictions, and Indian tribes to prosecute hate Improving Head Start Act of 2007: The House crimes (H. Rept. 110–120). Page H4415 passed H.R. 1429, to reauthorize the Head Start Investigative Subcommittees—Appointment: The Act, to improve program quality, and to expand ac- Chair read a letter from Mr. Boehner, Minority cess, by a recorded vote of 365 ayes to 48 noes, Roll Leader, whereby he designated the following Mem- No. 285. Pages H4326–79 bers to be available for service on investigative sub- Rejected the McKeon motion to recommit the bill committees of the Committee on Standards of Offi- to the Committee on Education and Labor with in- cial Conduct during the 110th Congress: Representa- structions to report the same back to the House tives Rob Bishop, Blackburn, Crenshaw, Lincoln forthwith with an amendment, by a recorded vote of Diaz-Balart, English, Latham, Lucas, Myrick, Simp- 195 ayes to 222 noes, Roll No. 284. Pages H4376–78 son, and Walden. Pages H4300–01 Pursuant to the rule, the amendment in the na- ture of a substitute recommended by the Committee Technology Innovation and Manufacturing Stim- on Education and Labor now printed in the bill shall ulation Act of 2007—Rule for Consideration: be considered as the original bill for the purpose of The House agreed to H. Res. 350, the rule pro- viding for consideration of H.R. 1868, to authorize amendment. Page H4336 appropriations for the National Institute of Standards Agreed to: and Technology for fiscal years 2008, 2009, and Eddie Bernice Johnson (TX) amendment (No. 1 2010, by a yea-and-nay vote of 226 yeas to 189 printed in H. Rept. 110–116) that instructs the Sec- nays, Roll No. 275, after agreeing to order the pre- retary of HHS to create partnerships between Head vious question. Pages H4302–06, H4314–15 Start and the Historically Black Colleges and Uni- versities; Pages H4353–54 Presidential Veto Message—U.S. Troop Readi- Kennedy amendment (No. 6 printed in H. Rept. ness, Veterans’ Care, Katrina Recovery, and Iraq 110–116) that defines ‘‘inclusive classrooms’’ as Accountability Appropriations Act, 2007: Read a Head Start classrooms that include both children message from the President wherein he announced with disabilities and children without disabilities; his veto of H.R. 1591, making emergency supple- mental appropriations for the fiscal year ending Sep- Pages H4362–63

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Rept. nity-based organizations will continue to be eligible 110–116) that requires that Head Start grantees, be- to participate in the Head Start program on the fore hiring individuals, obtain (1) a state, Federal, or same basis as other organizations (by a recorded vote tribal criminal record check in all jurisdictions where of 229 ayes to 195 noes, Roll No. 283). the grantee provides services, (2) a state, Federal, or Pages H4366–69, H4375 tribal criminal record check as required by the juris- Rejected: dictions where they provide services, or (3) a crimi- Price (GA) amendment (No. 2 printed in H. nal record check as otherwise required by Federal Rept. 110–116) that sought to allow eight States to law; Pages H4364–65 coordinate Head Start with State-run early childhood Cuellar amendment (No. 10 printed in H. Rept. development programs through a demonstration pro- 110–116) that requires the States or agencies that gram (by a recorded vote of 165 ayes to 254 noes, administer the Head Start program to describe the Roll No. 277); Pages H4354–58, H4371 type of assessment used to determine the rate of Mica amendment (No. 5 printed in H. Rept. progress made by students with Limited English 110–116) that sought to amend Section 18 of the Proficiency; Page H4366 bill to require that the Secretary certify that at least Space amendment (No. 12 printed in H. Rept. 50 percent of all Head Start teachers nationwide 110–116) that amends the criteria for the allocation of resources for technical assistance and training to meet certain degree requirements by September 30, include consideration of barriers in rural areas to 2011, two years earlier than required under the cur- professional development, parent involvement, home rent legislation (by a recorded vote of 137 ayes to 286 noes, Roll No. 280); and Pages H4361–62, H4373 visits and health screening; Pages H4369–71 Sestak amendment (No. 3 printed in H. Rept. Putnam amendment (No. 7 printed in H. Rept. 110–116) that authorizes the Secretary of Education 110–116) that sought to strike the development and to carry out a program to forgive student loans for implementation of the application review system, in- Head Start and Early Head Start teachers who have cluding the expert panel provision and also sought earned a bachelor’s degree in a field related to early to strike designation when no entity has priority and childhood education and who commit to teach in the instead designates competition—calling for the auto- program for a minimum of 3 years (by a recorded matic recompetition for agency designation every vote of 312 ayes to 107 noes, Roll No. 278); five years, regardless of performance (by a recorded Pages H4358–60, H4371–72 vote of 161 ayes to 262 noes, Roll No. 281). Hirono amendment (No. 4 printed in H. Rept. Pages H4363–64, H4373–74 110–116) that revises the training and technical as- Agreed that the Clerk be authorized to make sistance program for Early Head Start by ensuring technical and conforming changes to reflect the ac- that training and technical assistance are provided by tions of the House. Page H4379 entities with specific expertise in infant and toddler H. Res. 348, the rule providing for consideration development and also directs 50 percent of training of the bill, was agreed to by a yea-and-nay vote of and technical assistance funds directly to the grant- 226 yeas to 196 nays, Roll No. 274, after agreeing ees for the purposes of program improvement (by a to order the previous question by a yea-and-nay vote recorded vote of 372 ayes to 50 noes, Roll No. 279); of 226 yeas to 194 nays, Roll No. 273. Pages H4360–61, H4372–73 Pages H4306–14 Carnahan amendment (No. 9 printed in H. Rept. Suspension: The House agreed to suspend the rules 110–116) that provides that, in the event that the and agree to the following measure which was de- amounts appropriated to carry out the program do bated on Tuesday, May 1st: not exceed the funds appropriated for the prior year, Head Start grantees may negotiate with the Secretary Calling on the Government of the Socialist Re- a reduced funded enrollment level if the grantee can public of Vietnam to immediately and uncondi- demonstrate that such reduction is necessary to tionally release Father Nguyen Van Ly, Nguyen maintain the quality of service (by a recorded vote Van Dai, Le Thi Cong Nhan, and other political of 253 ayes to 171 noes, Roll No. 282); and prisoners and prisoners of conscience: H. Res. 243, Pages H4365–66, H4374–75 amended, to call on the Government of the Socialist Shuler amendment (No. 11 printed in H. Rept. Republic of Vietnam to immediately and uncondi- 110–116) that outlines the history and importance tionally release Father Nguyen Van Ly, Nguyen Van of allowing faith-based and community-based organi- Dai, Le Thi Cong Nhan, and other political pris- zations to participate in Head Start programs and in- oners and prisoners of conscience, by a 2⁄3 yea-and- serts language into the Head Start Reauthorization nay vote of 404 yeas with 3 voting ‘‘present’’, Roll that explicitly states that faith-based and commu- No. 286. Page H4379

VerDate Aug 31 2005 06:22 May 03, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D02MY7.REC D02MYPT1 mstockstill on PROD1PC66 with DIGEST May 2, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D605 Agreed to amend the title so as to read: ‘‘Calling materials, exhibits, and multimedia presentations on the Government of the Socialist Republic of Viet- shall reflect the diversity of scientific opinion (by a nam to immediately and unconditionally release Fa- recorded vote of 166 ayes to 250 noes, Roll No. ther Nguyen Van Ly, Nguyen Van Dai, Le Thi 287); Pages H4385–86, H4405–06 Cong Nhan, Le Quoc Quan, and other political pris- Campbell (CA) amendment (No. 5 printed in the oners and prisoners of conscience, and for other pur- Congressional Record of May 1, 2007) that sought poses.’’. Page H4379 to prohibit the use of funds in the bill for specified National Science Foundation Authorization Act research activities (by a recorded vote of 195 ayes to of 2007: The House passed H.R. 1867, to authorize 222 noes, Roll No. 289); Pages H4388–91, H4406–07 appropriations for fiscal years 2008, 2009, and 2010 Campbell (CA) amendment (No. 4 printed in the for the National Science Foundation, by a recorded Congressional Record of May 1, 2007) that sought vote of 399 ayes to 17 noes, Roll No. 295. to reduce funds authorized in section 3 by 1 percent Pages H4380–H4411 (by a recorded vote of 115 ayes to 301 noes, Roll Pursuant to the rule, the amendment in the na- No. 290); Pages H4391–92, H4407–08 ture of a substitute recommended by the Committee Garrett (NJ) amendment (No. 11 printed in the on Science and Technology now printed in the bill Congressional Record of May 1, 2007) that sought shall be considered as the original bill for the pur- to reduce funds authorized in section 3 by 0.5 per- pose of amendment. Page H4384 cent (by a recorded vote of 126 ayes to 292 noes, Agreed to: Roll No. 291); Pages H4392–95, H4408 Ehlers amendment (No. 6 printed in the Congres- Flake amendment (No. 7 printed in the Congres- sional Record of May 1, 2007) that adds a new sec- sional Record of May 1, 2007) that sought to strike tion at the end of the bill relating to the sense of section 6 (by a recorded vote of 128 ayes to 290 Congress regarding the mathematics and science noes, Roll No. 292); and Pages H4396–98, H4409 partnership programs of the Department of Edu- Price (GA) amendment (No. 2 printed in the cation and the NSF; Pages H4402–04 Congressional Record of May 1, 2007) that sought McNerney amendment (No. 3 printed in the Con- to add a new section at the end of the bill relating gressional Record of May 1, 2007) that establishes a to requirement of offsets (by a recorded vote of 183 new program to award grants on a competitive, ayes to 235 noes, Roll No. 294). merit-reviewed basis to Hispanic-serving institutions Pages H4404–05, H4410 to enhance the quality of undergraduate science, Point of Order sustained against: mathematics, engineering, and technology education at such institutions and to increase the retention and Weldon (FL) amendment (No. 9 printed in the graduation rates of students pursuing associate’s or Congressional Record of May 1, 2007) that sought baccalaureate degrees in science, mathematics, engi- to insert two new paragraphs relating to limitations. Pages H4386–87 neering, or technology; Page H4402 Honda amendment (No. 1 printed in the Congres- H. Res. 349, the rule providing for consideration sional Record of May 1, 2007) that adds a new sub- of the bill, was agreed to by voice vote after agreeing section at the end of section 3 on global warming to order the previous question. Pages H4301–02 education (by a recorded vote of 252 ayes to 165 Amending the Rules of the House: The House noes, Roll No. 288); and Pages H4385, H4406 agreed by unanimous consent to H. Res. 363, Matsui amendment (No. 8 printed in the Con- amending the Rules of the House of Representatives gressional Record of May 1, 2007) that provides to clarify certain matters relating to official conduct. grant supplements, on a competitive, merit-reviewed Pages H4411–12 basis, to institutions receiving awards under the In- Amendments: Amendments ordered printed pursu- tegrative Graduate Education and Research ant to the rule appear on pages H4417–18. Traineeship program (by a recorded vote of 232 ayes Quorum Calls—Votes: Five yea-and-nay votes and to 186 noes, Roll No. 293). Pages H4400–02, H4409–10 Rejected: eighteen recorded votes developed during the pro- Garrett (NJ) amendment (No. 10 printed in the ceedings of today and appear on pages H4313, Congressional Record of May 1, 2007) that sought H4314, H4314–15, H4325–26, H4371, H4371–72, to limit funds for research related to reproductive H4372–73, H4373, H4373–74, H4374–75, H4375, aging and diet and social stratification; H4377–78, H4378, H4379, H4405–06, H4406, Pages H4395–96 H4407, H4407–08, H4408, H4409, H4409–10, Sullivan (OK) amendment to the Honda amend- H4410, and H4411. There were no quorum calls. ment that sought to insert a new paragraph after Adjournment: The House met at 10 a.m. and ad- paragraph 1 of the Honda amendment to clarify that journed at midnight.

VerDate Aug 31 2005 06:22 May 03, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D02MY7.REC D02MYPT1 mstockstill on PROD1PC66 with DIGEST D606 CONGRESSIONAL RECORD — DAILY DIGEST May 2, 2007 PROTECTING CONSUMER ACCESS TO Committee Meetings GENERIC DRUGS ACT OF 2007 USDA’S SECURITY BRANCH Committee on Energy and Commerce: Subcommittee on Committee on Agriculture: Held a hearing on review of Commerce, Trade, and Consumer Protection held a the USDA’s release of program beneficiaries’ Social hearing on H.R. 1902, Protecting Consumer Access Security numbers and the Department’s information to Generic Drugs Act of 2007. Testimony was heard systems, generally. Testimony was heard from from Jon Leibowitz, Commissioner, FTC; and public Charles Christopherson, Chief Financial Officer, witnesses. USDA. BIOSIMILAR MEDICINES POLICY AGRICULTURE, RURAL DEVELOPMENT, FDA, AND RELATED AGENCIES Committee on Energy and Commerce: Subcommittee on APPROPRIATIONS Health held a hearing entitled ‘‘Assessing the Impact of a Safe and Equitable Biosimilar Policy in the Committee on Appropriations: Subcommittee on Agri- United States.’’ Testimony was heard from Janet culture, Rural Development, FDA, and Related Woodcock, M.D., Deputy Commissioner and Chief Agencies Appropriations held a hearing on Farm and Medical Officer, FDA, Department of Health and Foreign Agricultural Services. Testimony was heard Human Services; and public witnesses. from the following officials of the USDA: Mark E. Keenum, Under Secretary, Farm and Foreign Agri- INDUSTRIAL BANK HOLDING COMPANY cultural Services; Teresa A. Lasseter, Administrator, ACT OF 2007; EXPANDING Farm Service Agency; Eldon Gould, Administrator, HOMEOWNERSHIP ACT OF 2007 Risk Management Agency; and W. Scott Steele, Budget Officer. Committee on Financial Services: Ordered reported as amended, H.R. 698, Industrial Bank Holding Com- DEFENSE APPROPRIATIONS pany Act of 2007. Committee on Appropriations: Subcommittee on Defense The Committee began markup of H.R. 1852, Ex- held a hearing on the Defense Health Program Over- panding American Homeownership Act of 2007. view. Testimony was heard from the following offi- Will continue tomorrow. cials of the Department of Defense: S. Ward Casscells, MD, Assistant Secretary, Health Affairs; STATE DEPARTMENT COUNTRY REPORTS MG Gale S. Pollock, USA, M.D., Acting Surgeon ON HUMAN RIGHTS General, U.S. Army; VADM Donald C. Arthur, Committee on Foreign Affairs: Subcommittee on Inter- USN, M.D., Surgeon General, U.S. Navy; and LTG national Organizations, Human Rights, and Over- James G. Roudebush, USAF,. MD, Surgeon General, sight held a hearing to review the State Depart- U.S. Air Force. ment’s 2006 Country Reports on Human Rights NATIONAL DEFENSE AUTHORIZATION Practices. Testimony was heard from Barry F. ACT FOR FISCAL YEAR 2008 Lowenkron, Assistant Secretary, Bureau of Democ- racy, Human Rights and Labor, Department of State. Committee on Armed Services: Subcommittee on Air and Land Forces approved for full Committee action CONTESTED ELECTION—13TH DISTRICT H.R. 1585, National Defense Authorization Act for OF FLORIDA Fiscal Year 2008. Committee on House Administration: The Election Task NATIONAL DEFENSE AUTHORIZATION Force met to discuss matters pertaining to the Con- ACT FOR FISCAL YEAR 2008 tested Election in the 13th Congressional District of Committee on Armed Services: Subcommittee on Mili- Florida. tary Personnel approved for full Committee action The following motions were adopted: a motion H.R. 1585, National Defense Authorization Act for that the Task Force initiate an investigation of the Fiscal Year 2008. Florida 13th Congressional District election; adopted a motion authorizing and directing to secure the as- NATIONAL DEFENSE AUTHORIZATION sistance of the GAO, which shall be requested to de- ACT sign and propose testing protocols to determine the Committee on Armed Services: Subcommittee on Stra- reliability of the equipment used in the FL–13 elec- tegic Forces approved for full Committee action tion, taking into account recommendations by the H.R. 1585, National Defense Authorization Act for contestant and contestee; the Task Force shall ap- Fiscal Year 2008. prove any testing protocols prior to execution by the

VerDate Aug 31 2005 06:22 May 03, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D02MY7.REC D02MYPT1 mstockstill on PROD1PC66 with DIGEST May 2, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D607 GAO. The GAO may procure such expertise and as- bill, as amended, shall be considered as read. The sistance from governmental or non-governmental ex- rule waives all points of order against the bill, as perts and entities as it deems necessary, and shall re- amended. The rule provides one motion to recommit port its findings to the task force. with or without instructions. Finally, the rule pro- MISCELLANEOUS MEASURES vides that, notwithstanding the operation of the pre- vious question, the Chair may postpone further con- Committee on the Judiciary: Ordered reported the fol- sideration of the bill to a time designated by the lowing bills: H.R. 1700, amended, COPS Improve- Speaker. Testimony was heard from Chairman Con- ments Act of 2007; H.R. 916, amended, John R. yers and Representatives Smith of Texas, Daniel E. Justice Prosecutors and Defenders Incentive Act of Lungren of California, Gohmert and Weldon of Flor- 2007; H.R. 1525, Internet Spyware (I-SPY) Preven- ida. tion Act of 2007; and H.R. 1615, Security Aircraft Cockpits Against Lasers Act of 2007. NASA SPACE SCIENCE PROGRAM MISCELLANEOUS MEASURES Committee on Science and Technology: Subcommittee on Committee on Natural Resources: Ordered reported the Space and Aeronautics held a hearing on NASA’s following bills: H.R. 1595, amended, Guam World Space Science Programs: Review of Fiscal Year 2008 War II Loyalty Recognition Act; H.R. 359, amend- Budget Request and Issues. Testimony was heard ed, Cesar Estrada Chavez Study Act; H.R. 713, from Alan Stern, Associate Administrator, Science amended, Niagara Falls National Heritage Area Act; Mission Directorate, NASA; and public witnesses. H.R. 1100, amended, Carl Sandburg Home National VETERANS BUSINESS DEVELOPMENT Historic Site Boundary Revision Act of 2007; H.R. ASSISTANCE 986, amended, Eightmile Wild and Scenic River Committee on Small Business: Subcommittee on Inves- Act; H.R. 505, Native Hawaiian Government Reor- tigations and Oversight held a hearing entitled ‘‘Is ganization Act of 2007; H.R. 487, Cheyenne River the Veterans Corporation Prepared To Provide Entre- Sioux Tribe Equitable Compensation Amendments preneurial Development Assistance to Service Men Act of 2007; H.R. 1114, Alaska Water Resources and Women Returning From Iraq and Afghanistan? Act of 2007; H.R. 1080, Grand Teton National Testimony was heard from William D. Elmore, As- Park Extension Act of 2007; and H.R. 1140 South sociate Administrator, Office of Veterans Business Orange County Recycled Water Enhancement Act. Development, SBA; and public witnesses. MEDICAID CHILDREN’S DENTAL PROGRAM MISCELLANEOUS MEASURES; U.S. ARMY Committee on Oversight and Government Reform: Sub- CORPS OF ENGINEERS SURVEY committee on Domestic Policy held a hearing on RESOLUTIONS Evaluating Children’s Dentistry Under Medicaid. Testimony was heard from James Cosgrove, Director, Committee on Transportation and Infrastructure: Ordered Health Care, GAO; Dennis Smith, Director, Center reported the following measures: H. Res. 352, Sup- for Medicaid and State Operations, Department of porting the goals and ideals of National Public Health and Human Services; Susan Tucker, Execu- Works Week; H. Con. Res. 79, Authorizing the Use tive Director, Office of Health Services, Department of the Capitol Grounds for the Greater Washington of Health and Mental Hygiene, State of Maryland; Soap Box Derby; H. Con. Res. 123, Authorizing the and public witnesses. Use of the Capitol Grounds for the District of Co- lumbia Special Olympics Law Enforcement Torch LOCAL LAW ENFORCEMENT HATE CRIMES Run; H. Con. Res. 124, Authorizing the Use of the PREVENTION ACT OF 2007 Capitol Grounds for the National Peace Officers’ Committee on Rules: Granted, by vote of 9 to 4, a Memorial Service; H.R. 1505, amended, To des- closed rule. The rule provides 1 hour of debate on ignate the Federal building located at 131 East 4th H.R. 1592, Local Law Enforcement Hate Crimes Street in Davenport, Iowa, as the ‘‘James A. Leach Prevention Act of 2007, equally divided and con- Federal Building;’’ H.R. 1773, amended, Safe Amer- trolled by the Chairman and Ranking Minority ican Roads Act of 2007. The Committee also ap- Member of the Committee on the Judiciary. The proved U.S. Army Corps of Engineers Survey Reso- rule waives all points of order against consideration lutions. of the bill except for clauses 9 and 10 of rule XXI. The rule provides that the amendment in the nature FISCAL YEAR 2008 INTELLIGENCE of a substitute recommended by the Committee on AUTHORIZATION ACT the Judiciary, modified by the amendment printed Permanent Select Committee on Intelligence: Met in execu- in the report, shall be considered as adopted, and the tive session and ordered reported, as amended, H.R.

VerDate Aug 31 2005 06:22 May 03, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D02MY7.REC D02MYPT1 mstockstill on PROD1PC66 with DIGEST D608 CONGRESSIONAL RECORD — DAILY DIGEST May 2, 2007 2082, Intelligence Authorization Act for Fiscal Year Committee on Finance: to hold hearings to examine off- 2008. shore tax evasion, focusing on stashing cash overseas, 10 a.m., SD–215. f Committee on Homeland Security and Governmental Affairs: to hold hearings to examine the internet as a portal to COMMITTEE MEETINGS FOR THURSDAY, violent Islamist extremism, 10 a.m., SD–342. MAY 3, 2007 Committee on Indian Affairs: to hold hearings to examine (Committee meetings are open unless otherwise indicated) S. 310, a bill to express the policy of the United States regarding the United States relationship with Native Ha- Senate waiians and to provide a process for the recognition by the United States of the Native Hawaiian governing enti- Committee on Appropriations: Subcommittee on Legisla- ty, 9:30 p.m., SR–485. tive Branch, to hold hearings to examine proposed budget Committee on the Judiciary: business meeting to consider estimates for fiscal year 2008 for the Office of the Sec- S. 376, to amend title 18, United States Code, to im- retary of the Senate and the Library of Congress, 10 a.m., prove the provisions relating to the carrying of concealed SD–124. weapons by law enforcement officers, S. 221, to amend Subcommittee on Transportation, Housing and Urban title 9, United States Code, to provide for greater fairness Development, and Related Agencies, to hold hearings to in the arbitration process relating to livestock and poultry examine proposed budget estimates for fiscal year 2008 contracts, S. 495, to prevent and mitigate identity theft, for the Department of Housing and Urban Development, to ensure privacy, to provide notice of security breaches, 10 a.m., SD–138. and to enhance criminal penalties, law enforcement assist- Subcommittee on Commerce, Justice, Science, and Re- ance, and other protections against security breaches, lated Agencies, to hold hearings to examine proposed fraudulent access, and misuse of personally identifiable in- budget estimates for fiscal year 2008 for the Equal Em- formation, S. 239, to require Federal agencies, and per- ployment Opportunity Commission, 10 a.m., SD–192. sons engaged in interstate commerce, in possession of Committee on Armed Services: to hold hearings to examine data containing sensitive personally identifiable informa- the United States Central Command in review of the De- tion, to disclose any breach of such information, S. 1202, fense Authorization Request for Fiscal Year 2008 and the to require agencies and persons in possession of computer- Future Years Defense Program, with the possibility of a ized data containing sensitive personal information, to closed session in S–407 following the open session, 9:30 disclose security breaches where such breach poses a sig- a.m., SD–106. nificant risk of identity theft, and the nominations of Subcommittee on SeaPower, to hold closed hearings to Debra Ann Livingston, of New York, to be United States examine Navy force structure requirements and programs Circuit Judge for the Second Circuit, Roslynn Renee to meet those requirements in review of the Defense Au- Mauskopf, to be United States District Judge for the thorization Request for Fiscal Year 2008 and the Future Eastern District of New York, Richard Sullivan, to be Years Defense Program; to be immediately followed by United States District Judge for the Southern District of an open session in SR–222, 2:30 p.m., SR–222. New York, and Joseph S. Van Bokkelen, to be United Committee on Commerce, Science, and Transportation: to States District Judge for the Northern District of Indiana, hold hearings to examine pending Corporate Average Fuel 10 a.m., SD–226. Economy (CAFE) legislation, 3 p.m., SR–253. Select Committee on Intelligence: closed business meeting Committee on Energy and Natural Resources: Subcommittee to consider certain intelligence matters, 2:30 p.m., on Water and Power, to hold hearings to examine S. 27, SH–219. to authorize the implementation of the San Joaquin River Restoration Settlement, 10 a.m., SD–366. House Subcommittee on Public Lands and Forests, to hold Committee on Appropriations, Subcommittee on Defense, hearings to examine S. 390, to direct the exchange of cer- executive, on Mobility Aircraft, 10 a.m., and on Joint tain land in Grand, San Juan, and Uintah Counties, Utah, Strike Fighter and Tactical Aircraft, 1:30 p.m., H–140 S. 647, to designate certain land in the State of Oregon Capitol. as wilderness, S. 1139, to establish the National Land- Committee on Armed Services, Subcommittee on Seapower scape Conservation System, H.R. 276, to designate the and Expeditionary Forces, to mark up H.R. 1585, Na- Piedras Blancas Light Station and the surrounding public tional Defense Authorization Act for Fiscal Year 2008, 11 land as an Outstanding Natural Area to be administered a.m., 2212 Rayburn. as a part of the National Landscape Conservation System, Subcommittee on Terrorism, Unconventional Threats and for other purposes, H.R. 356, to remove certain re- and Capabilities, to mark up H.R. 1585, National De- strictions on the Mammoth Community Water District’s fense Authorization Act for Fiscal Year 2008, 9 a.m., ability to use certain property acquired by that District 2118 Rayburn. from the United States, S. 205, and H.R. 865, bills to Committee on Education and Labor, Subcommittee on grant rights-of-way for electric transmission lines over Health, Employment, Labor and Pensions, hearing on Re- certain Native allotments in the State of Alaska, 2:30 tirement Security: Strengthening Pension Protections, 2 p.m., SD– 366. p.m., 2175 Rayburn.

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Committee on Energy and Commerce, Subcommittee on En- (CITES) as a precursor to the Conference of the Parties, ergy and Air Quality, hearing entitled ‘‘Facilitating the 10 a.m., 1324 Longworth. Transition to a Smart Electric Grid,’’ 10 a.m., 2123 Ray- Committee on Oversight and Government Reform, hearing on burn. Waste, Fraud, and Abuse in the Federal Crop Insurance Committee on Financial Services, to continue markup of Program; and to consider provisions of titles IV, V, and H.R. 1852, Expanding American Homeownership Act of X of H.R. 1684, Department of Homeland Security Re- 2007, 9:30 a.m., 2128 Rayburn. authorization Act for Fiscal Year 2008, 10 a.m., 2154 Committee on Foreign Affairs, Subcommittee on Europe Rayburn. and the Subcommittee on Terrorism, Nonproliferation Committee on Science and Technology, Subcommittee on and Trade, joint hearing on Do the United States and Energy and Environment, hearing on Reorienting the Europe Need A Missile Defense System? 1 p.m., 2172 U.S. Global Change Research Program Toward a user- Rayburn. driven research endeavor, H.R. 906, Global Change Re- Subcommittee on International Organizations, Human search Data Management Act of 2007, 2 p.m., 2318 Ray- Rights, and Oversight and the Subcommittee on Middle burn. East and South Asia, joint hearing on Arab Opinion on Subcommittee on Investigations and Oversight, hearing American Policies, Values, and People, 9:30 a.m., 2172 on Transitioning the Environmental Measurements Lab- Rayburn. oratory to the Department of Homeland Security, 10 Committee on House Administration, to consider the fol- a.m., 2318 Rayburn. lowing: H.R. 811, Voter Confidence and Increased Acces- Committee on Small Business, hearing entitled ‘‘The Im- sibility Act of 2007; Russell v. Brown-Waite (FL–5); Gon- pact of Renewable Energy Production in Rural America,’’ zalez v. Diaz-Balart (FL–21); Curtis v. Feeney (FL–24); and 10 a.m., 2360 Rayburn. Cox v. McCrery (LA–4), 11 a.m., 1310 Longworth. Committee on Transportation and Infrastructure, Sub- Committee on the Judiciary, Subcommittee on Commer- committee on Economic Development, Public Buildings, cial and Administrative Law, to continue hearings on the and Emergency Management, hearing on The SouthEast Continuing Investigation into the U.S. Attorneys Con- Crescent Authority, The Northern Border Economic De- troversy, 9:30 a.m., 2141 Rayburn. velopment Commission, and the Southwest Regional Bor- Subcommittee on Crime, Terrorism and Homeland Se- der Authority, 10 a.m., 2167 Rayburn. curity, hearing on H.R. 660, Court Security Improvement Committee on Veterans’ Affairs, Subcommittee on Eco- Act of 2007, 10 a.m., 2237 Rayburn. nomic Opportunity, hearing on Accelerated Education Subcommittee on Immigration, Citizenship, Refugees, Benefits for Veterans, 2 p.m., 334 Cannon. Border Security, and International Law, hearing on the Committee on Ways and Means, Subcommittee on Health, U.S. Economy, U.S. Workers, and Immigration Reform, hearing on financial assistance programs for low-income 3 p.m., 2141 Rayburn. Medicare beneficiaries, 10 a.m., 1100 Longworth. Committee on Natural Resources, Subcommittee on Fish- Select Committee on Energy Independence and Global Warm- eries, Wildlife and Oceans, oversight hearing on the Con- ing, hearing entitled ‘‘Economic Impacts of Global vention of International Trade in Endangered Species Warming: Part I—Insurance,’’ 9:30 a.m., 2359 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, May 3 10 a.m., Thursday, May 3

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 1592— ation of S. 1082, Prescription Drug User Fee Amend- Local Law Enforcement Hate Crimes Prevention Act of ments, and vote on the motion to invoke cloture on Dor- 2007 (Subject to a Rule) and H.R. 1868—Technology gan Amendment No. 990, at approximately 10:30 a.m. Innovation and Manufacturing Stimulation Act of 2007 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Farr, Sam, Calif., E911 Mitchell, Harry E., Ariz., E930 Feeney, Tom, Fla., E935 Moran, James P., Va., E924, E926, E927 Berman, Howard L., Calif., E928 Forbes, J. Randy, Va., E914, E919, E929 Neugebauer, Randy, Tex., E915 Bishop, Sanford D., Jr., Ga., E931 Frank, Barney, Mass., E910 Oberstar, James L., Minn., E916 Bordallo, Madeleine Z., Guam, E920 Gingrey, Phil, Ga., E936 Ortiz, Solomon P., Tex., E933 Boyd, Allen, Fla., E932 Gonzalez, Charles A., Tex., E933 Paul, Ron, Tex., E922, E925 Brady, Robert A., Pa., E911 Graves, Sam, Mo., E922, E925, E927, E929, E931 Pearce, Stevan, N.M., E933 Brown, Corrine, Fla., E915 Green, Al, Tex., E932 Rangel, Charles B., N.Y., E922, E925 Burgess, Michael C., Tex., E921, E924 Green, Gene, Tex., E927 Reyes, Silvestre, Tex., E912 Camp, Dave, Mich., E935 Holt, Rush D., N.J., E912 Rogers, Mike, Ala., E909, E933 Capps, Lois, Calif., E918 Honda, Michael M., Calif., E928 Sarbanes, John P., Md., E917 Christensen, Donna M., The Virgin Islands, E926 Hoyer, Steny H., Md., E929 Cleaver, Emanuel, Mo., E914 Kirk, Mark Steven, Ill., E931, E934 Scott, Robert C., ‘‘Bobby’’, Va., E919, E921 Cohen, Steve, Tenn., E911 Lantos, Tom, Calif., E913 Shimkus, John, Ill., E909 Costa, Jim, Calif., E913, E926, E934 Larson, John B., Conn., E918 Skelton, Ike, Mo., E910 Courtney, Joe, Conn., E910 Lynch, Stephen F., Mass., E915 Sullivan, John, Okla., E930 Davis, Tom, Va., E928 McCollum, Betty, Minn., E922, E925, E927 Tancredo, Thomas G., Colo., E933 Delahunt, William D., Mass., E913 McDermott, Jim, Wash., E919 Tauscher, Ellen O., Calif., E912 Diaz-Balart, Lincoln, Fla., E931 McMorris Rodgers, Cathy, Wash., E924 Thompson, Mike, Calif., E934 Dingell, John D., Mich., E909 McNulty, Michael R., N.Y., E912 Van Hollen, Chris, Md., E920 Donnelly, Joe, Ind., E911, E913, E916, E919 Maloney, Carolyn B., N.Y., E935 Wilson, Joe, S.C., E930 Ellison, Kieth, Minn., E935 Matsui, Doris O., Calif., E931, E934 Wolf, Frank R., Va., E930 Ellsworth, Brad, Ind., E924 Miller, George, Calif., E929 Woolsey, Lynn C., Calif., E932

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