February 27, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4643 SENATE—Tuesday, February 27, 2007

The Senate met at 10 a.m. and was SCHEDULE Fetchet, the founding director and called to order by the Honorable JON Mr. REID. Mr. President, today the president of VOICES of September TESTER, a Senator from the State of Senate will be in a period of morning 11th, who is the mother of Brad, who Montana. business until 12:30 p.m. During the pe- was 24, who was killed in the incident; riod of morning business, Senators will and Carie Lemack, the cofounder and PRAYER be permitted to speak for up to 10 min- president of Families of September 11, The Chaplain, Dr. Barry C. Black, of- utes each. The first 30 minutes will be who is the daughter of Judy Larocque, fered the following prayer: controlled by the Republicans and the who was 50 years old, who died in that Let us pray. second 30 minutes will be controlled by terrorist attack. Mr. President, I ask unanimous con- Almighty God, to whom we must ac- the majority. count for all our powers and privileges, At 12:30, the Senate will recess until sent that the letter be printed in the RECORD. guide the Members of this body so that the hour of 2:15. Upon reconvening at There being no objection, the mate- they will be faithful stewards of Your 2:15, the Senate will resume debate on rial was ordered to be printed in the will. Give them understanding and in- the motion to proceed to S. 184. The RECORD, as follows: tegrity that human rights may be safe- cloture vote will occur at 2:30, with the guarded and justice served. Teach them time until then equally divided and FEBRUARY 26, 2007. Hon. HARRY REID, to rely on Your strength and to serve controlled between the two leaders and You with honor. May each Senator in Senate Majority Leader U.S. Senate, their designees. Washington, DC. her or his daily work know the joy of As I indicated yesterday prior to the DEAR SENATOR REID: It has been exactly 14 partnership with You. Senate adjourning, the Republican years since the first attack on the World Lord, we pray today also for the men leader and I have had discussions about Trade Center; over 5 years since the terrorist and women of our Armed Forces. De- the 9/11 Commission recommendations attacks of 9/11; and over 2 years since the 9/ fend them with Your heavenly grace legislation, and while the time has 11 Commission released a blueprint for and give them courage to face perils strengthening America’s security. The pace been set for the cloture vote on the mo- of Congressional response to these wake-up with trust in You. Give them a sense of tion to proceed to S. 184, we will con- calls has been glacial. Your abiding presence wherever they tinue our discussions to ascertain The House of Representatives has vali- may be. Strengthen and sustain their whether we can vitiate that cloture dated its commitment to improving national loved ones. vote. If we are able to do that, we security by passing H.R.1. When S. 4 goes to We pray in Your sovereign Name. would switch to S. 4, which is the conference, its provisions must match or sur- Amen. Homeland Security-reported matter re- pass the strength and comprehensiveness of H.R.l. Failure to act ratchets up the danger f ported by Chairman LIEBERMAN and for America. The longer critical security PLEDGE OF ALLEGIANCE Ranking Member COLLINS. issues remain unresolved, the more time and I would say, as I said last night, options the terrorists have. The Honorable JON TESTER led the whichever vehicle comes to the floor— S. 4 should be a clean bill, limited to im- Pledge of Allegiance, as follows: I would hope we could speed things up plementing the remaining 9/11 Commission I pledge allegiance to the Flag of the by 30 hours by doing S. 4—we need to recommendations. This legislation is far too United States of America, and to the Repub- get to this legislation. I had indicated important to be politicized by the introduc- tion of non-germane, controversial amend- lic for which it stands, one nation under God, prior to the recess, and indicate today, indivisible, with liberty and justice for all. ments and debate, particularly those relat- it is open to amendment. I, in fact, ing to Iraq. Attention to both issues is criti- f even have the first Democratic Senator cally important. As such, each deserves sepa- APPOINTMENT OF ACTING who wants to offer an amendment. I rate deliberation. PRESIDENT PRO TEMPORE am sure the minority has a lot of We urge you to act now to protect America amendments they want to offer. by passing stand-alone, comprehensive secu- The PRESIDING OFFICER. The rity legislation under S. 4 based on the 9/11 9/11 COMMISSION RECOMMENDATIONS clerk will please read a communication Commission blueprint without complications to the Senate from the President pro Mr. President, I want to bring to the regarding Iraq. The legacy of those whose tempore (Mr. BYRD). attention of the body letters Senator lives have been taken by terrorists on Amer- The assistant legislative clerk read MCCONNELL and I received. They are ican soil is in your hands. Prove to the fami- the following letter: dated yesterday. The letter to me lies of those killed in 1993 and 2001, and to all Americans, that this is a new day in Wash- U.S. SENATE, states: ington, and that safety and security will fi- PRESIDENT PRO TEMPORE, It has been exactly 14 years since the first attack on the World Trade Center; over 5 nally take precedence over special interest Washington, DC, February 27, 2007. groups and politics. To the Senate: years since the terrorist attacks of 9/11; and over 2 years since the 9/11 Commission re- Respectfully, Under the provisions of rule I, paragraph 3, CAROL ASHLEY, of the Standing Rules of the Senate, I hereby leased a blueprint for strengthening Amer- ica’s security. The pace of Congressional re- Mother of Janice, 25, appoint the Honorable JON TESTER, a Sen- VOICES of Sep- ator from the State of Montana, to perform sponse to these wake-up calls has been gla- cial. tember 11th. the duties of the Chair. BEVERLY ECKERT, ROBERT C. BYRD, Now, I am not going to read the other Widow of Sean Roo- President pro tempore. three paragraphs of this letter other ney, 50, Families of Mr. TESTER thereupon assumed the than to say this letter is signed by dif- September 11. chair as Acting President pro tempore. ferent groups—widows and orphans— MARY FETCHET, Mother of Brad, 24, f Carol Ashley, representing a group called VOICES of September 11th, who Founding Director RECOGNITION OF THE MAJORITY is the mother of Janice, who was killed and President, LEADER VOICES of Sep- in that 9/11 occurrence; Beverly Eckert, tember 11th. The ACTING PRESIDENT pro tem- representing a group called Families of CARIE LEMACK, pore. The majority leader is recog- September 11, and who is the widow of Daughter of Judy nized. Sean Rooney, who was 50; Mary Larocque, 50, Co-

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

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4644 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 27, 2007 founder and Presi- the first time in 10 years. We got the votes, days we would have votes. I am dent, Families of country’s financial house in order by going to do my very best not to have September 11. completing that. We have done some surprises in the schedule. One of the Mr. REID. I say to my friend, the dis- good work. As I said last night, it has surprises we will not have is 2 weeks tinguished Republican leader and peo- been done on a bipartisan basis. We for the Easter break. We are going to ple on his side of the aisle, if people are have worked together. So I hope we can have to work through that. Up until concerned about going to S. 4 because continue to do that. August, I am hopeful and confident we of not being allowed to offer amend- f can get our work done. But the August ments, I have stated publicly—and I recess is a long one, and everyone understand because there were no RECOGNITION OF THE MINORITY should understand that is not auto- amendments on the continuing resolu- LEADER matic. We have to get our work done or tion—and I will state again, I appre- The ACTING PRESIDENT pro tem- we may have to shorten that also. ciate very much the cooperation of the pore. The Republican leader is recog- The ACTING PRESIDENT pro tem- Republicans. Even though there were nized. pore. The Republican leader. no amendments, this was an issue this Mr. MCCONNELL. Mr. President, I Congress, this Senate had to complete. f appreciate the clarity the majority None of the Members of the body here 9/11 BILL AND IRAQ leader brought to the issue of the are responsible for what took place Easter work period. I think that is Mr. MCCONNELL. Mr. President, I prior to this Congress. The 110th Con- very helpful to Members on our side of gress is our responsibility, and that is indicated to my good friend, the major- ity leader, yesterday, and I now reit- the aisle for planning purposes, and I why I am very happy the Democrats appreciate his bringing up that matter and Republicans joined together and erate publicly, our desire to go to the measure reported by the Committee on this morning. got the continuing resolution passed. I yield the floor. We were able to work our way through Homeland Security. I think we will be f the contentious matters we had dealing able to work that out in the next few with the Iraq war. I stated at the time hours. We have also had a good con- RESERVATION OF LEADER TIME versation about how to structure a de- we were doing that the 9/11 legislation The ACTING PRESIDENT pro tem- will be subject to amendments. bate on Iraq to follow the 9/11 bill. There are a number of important pore. Under the previous order, the Senator MCCONNELL and I are work- leadership time is reserved. ing our way through this issue to de- amendments that Members on this side termine when the next debate will take of the aisle want to offer to the 9/11 f bill. place regarding Iraq. I hope it can be MORNING BUSINESS done on an agreement between the two The majority leader has indicated The ACTING PRESIDENT pro tem- of us. We are working on that. But I do there will be no desire on his part, and pore. Under the previous order, there say, don’t anyone suggest the 9/11 legis- reiterated it here this morning, to pre- will now be a period for the transaction lation will not be open to amendment; vent any of those amendments from of morning business until the hour of it will be. We are going to work our being acted upon. So we expect a free- 12:30 p.m., with Senators permitted to way through that. There will not be wheeling, Senate-style debate on the speak therein for up to 10 minutes cloture filed on this legislation until— 9/11 bill in which a number of impor- each. hopefully, it won’t have to be done. I tant amendments related to the meas- Under the previous order, the first 30 think this is a piece of legislation for ure are offered. I think we will be able minutes will be controlled by the Re- which it would not be necessary. There to work out a way to go forward in the publican leader or his designee. certainly will not be anything in the next few hours that will accommodate The Senator from Texas. next 10 days. We will take a look at it. our mutual desire to have the right bill I will work in conjunction with the before the Senate regarding 9/11, and, f hopefully, sometime shortly thereafter distinguished Republican leader to find ORDER OF PROCEDURE out if cloture ever has to be filed on some kind of agreement to structure the 9/11 bill. But I would hope we could the debate on Iraq in a way that will be Mr. CORNYN. Mr. President, I am gain this extra 30 hours and move to it mutually acceptable to both sides of aware of two speakers during our pe- right away. We could get the opening the aisle. riod, the minority period of 30 minutes statements out of the way and some The ACTING PRESIDENT pro tem- in morning business. As a result, I ask amendments offered today. pore. The majority leader. unanimous consent to be allowed to I had a leadership meeting at 9 f speak for up to 20 minutes out of that o’clock this morning. I told the Sen- 30-minute period of time. ators there they better be ready for EASTER RECESS The ACTING PRESIDENT pro tem- some votes Friday, that we are not Mr. REID. Mr. President, finally, let pore. Is there objection? going to be finished by 10 o’clock Fri- me say this. I have had a number of Without objection, it is so ordered. day morning. We have to finish this people come to me during the last sev- Mr. CORNYN. I thank the Chair. bill and finish it in a way that is appro- eral days. In fact, I got a call in Ne- f priate. vada. The House is having 2 weeks dur- So we have a lot of work to do. When ing the Easter recess. The Senate is IRAQ we finish the 9/11 legislation, we have going to have 1 week. Everyone should Mr. CORNYN. Mr. President, I come stem cells, we have the budget, we have understand that. We are going to to the floor this morning to express my the supplemental during this work pe- work—we cannot move as fast as the concerns about the growing politicali- riod. We have a lot to do. We will need House. We have rules here that simply zation of the debate over the war in the cooperation of both sides. do not allow that. While we would all Iraq. The reason I am concerned is be- I spoke out here last night, and I did like to be able to go home and spend cause I think the revolving door of res- my utmost to lay out the facts. We time in our respective States, that will olutions we have seen emanating from have been able to get a lot done this not happen. We are going to have only Washington, DC, has caused confusion. last work period. It was a long work a 1-week recess for Easter. Now, I would be happy if the confusion period. We were able to do some good I would say during the rest of the were limited to our enemies. But, un- things. We were able to pass the most year there are no set times. I have been fortunately, I think that confusion ex- comprehensive ethics and lobbying re- as forewarning as possible to the dis- tends to our allies and perhaps even to form in the history of the country. We tinguished Republican leader, telling the troops who are now serving in that passed minimum wage legislation for him of the days we would not have war-torn country.

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But this and convenience to plan an attack tinker with tactical decisions made revolving door of resolutions being pro- against the United States, which they with fighting a war several thousand duced by those primarily on the other did on September 11, 2001. miles away. side of the aisle has seemed to con- Of course, we know, because they We know the power Congress has tribute to our inability to speak with have told us, that one of al-Qaida’s under our Constitution, and if, in fact, one voice on the one subject where we major goals in Iraq is to increase sec- there are those, as I said earlier, who ought to be speaking with one voice; tarian violence between the Sunnis and believe that all is lost, then I believe that is, our Nation’s security. We the Shias. Al-Qaida cannot defeat us on the only appropriate action to take ought not to be playing politics of any the battlefield; we know that and they would be for those people who hold kind when talking about the lives of know that. The only way they can pre- that belief to try to bring a resolution our troops or the resolutions which vail is if we give up, if we pull our com- to the floor that would cut off funding might have the unintended con- bat troops out of Iraq until al-Qaida is for this ill-fated, in their view, con- sequence of undermining their morale no longer a threat there. We know that flict. But my colleagues can’t have it or causing our friends and allies confu- Sunni extremists, including al-Qaida, both ways. On the one hand, they can’t sion as to whether we are willing to want to create a civil war that will say we should leave it to our com- stay the course in this battle of wills. tear the country apart. The only way manders in the field to determine the This is a battle of wills. al-Qaida will be successful in doing number of troops, and yet when Gen- If my colleagues on the other side of that is if we allow them to do so. eral Petraeus says he needs 21,500 the aisle feel so strongly—as some of We need to let our military do the troops to fight the terrorists in Iraq, them clearly do—about the conflict in job in Iraq. We can’t pretend to be able these same individuals would tell him: Iraq, then I believe they have an obli- to make the best decisions from here in No, you can’t have them. gation to cut off funding. We have at Washington, DC, about what kinds of This is a question and answer from least two Senators who have offered tactics are likely or reasonably cal- the nomination hearing for GEN David those kinds of resolutions—Senator culated to be successful several thou- Petraeus. Senator MCCAIN asked him: DODD and Senator FEINGOLD. I would sand miles away. put it this way: If my colleagues really As recently as Sunday, the chairman Suppose we send you over there to your new job, General, only we tell you that you believe all is lost in Iraq and there is of the Senate Armed Services Com- can’t have any additional troops. Can you no possible way to succeed, then I mittee appeared on a weekend talk get your job done? think Senators could justly reach the show. I would like to read a little bit of General Petraeus said: conclusion that the only moral deci- the questions and answers which were No, sir. sion would be to deny funding to send produced from that interaction because The kind of confusion I think we them into harm’s way. But instead I think it demonstrates exactly the have seen emanating from Capitol Hill what we see is an uncontrollable desire kind of confusion I am talking about is directly related to the revolving door to tinker with our military operations, that I think ill-serves our troops and of resolutions we have seen since the deciding in some cases what individual ill-serves our Nation during a time of beginning of the year. Members of Congress think should be war. First, there was the Biden resolution. done on the ground and then on the The question was this: Senator REID, the distinguished major- other hand what kind of decisions Will you set a goal for withdrawing combat ity leader, said, ‘‘Tomorrow the Senate ought to be left to commanders. I sug- troops? will proceed to S. Con. Res. 2, the bi- gest to my colleagues that strategy Senator LEVIN says: partisan Iraq resolution.’’ He said that will lead us nowhere. Congress should We would. We would follow basically the on January 31, 2007. Then Senator REID not be involved in micromanaging the pattern that was set or proposed by the Iraq said later the same day, ‘‘There will be day-to-day tactics of military com- Study Group, which was to set a goal for the a bipartisan group of Senators who be- manders on the ground. Our Constitu- removal of combat troops, as you put it cor- rectly, by March of next year. lieve the more appropriate matter is tion provides for a single Commander the Warner resolution.’’ in Chief, not 535 chieftains who can Mr. Russert: So first we had the Biden resolution, make tactical decisions about some- So how many troops would that be by then we had the Warner resolution, and thing as sensitive and challenging as March of next year would be taken out? then there was the Levin resolution. war operations in Iraq. Mr. LEVIN said: Senator REID said, on January 31, 2007, We have heard there are between We don’t have a specific number, nor did ‘‘In my caucus there was near una- 5,000 and 6,000 members of al-Qaida in the study group, but it would be most. There nimity for the Levin resolution.’’ Iraq, primarily in Anbar Province. It would be a limited number of troops that Then—I mentioned this a moment makes no sense to me for us to pull out would be left. ago—there are those such as Senator our troops until we have defeated those Mr. Russert said: FEINGOLD who said: ‘‘I oppose the weak terrorists. Certainly, I disagree with So out of 150,000, we would take out how Warner-Levin resolution as currently those who say we ought to pull out our many? written because it misunderstands the troops before we are able to stabilize Mr. LEVIN: situation in Iraq and shortchanges our Iraq in a way that it can sustain itself, I would say most. national security interests.’’ He said defend itself, and govern itself because Mr. Russert: that on February 1. I think we know what will happen if What would be left behind? Then there was the Reid-Pelosi reso- Iraq becomes just another failed state lution. This was the one on which the in the Middle East, particularly with Senator LEVIN said: majority leader said, ‘‘I think it is so those 5,000 to 6,000 members of al-Qaida It would be a limited number, which much more direct. We support the present in Iraq: It will become another would— troops. We are opposed to the surge. Afghanistan. Mr. Russert said: Perfect.’’ He was asked this question: I As we all know, when the Soviet Ten thousand, 20,000? was asking you why you prefer the Union left Afghanistan, Afghanistan Senator LEVIN said: House resolution to move forward. This became a failed state, giving rise to the I don’t want to put a specific number on it is the press asking the majority leader. Taliban and al-Qaida in Iraq, the likes because that really should be left to the He said, ‘‘I think it is so much more di- of Osama bin Laden among them. Of commanders to decide how many would be rect. We support the troops. We are op- course, it was because they had a safe needed to carry out these limited functions. posed to the surge. Perfect.’’ That is haven in Afghanistan that they could I think this brief Q-and-A dem- the majority leader on February 13, then plot and plan and train and re- onstrates the kind of confusion that 2007.

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Then one of the Democratic can- Senator BIDEN said this: that we ought not to be leaving our didates for President, Senator CHRIS The next best step is to revoke the author- troops with any doubt in their minds DODD of Connecticut, made this obser- ization the United States Congress gave to about our commitment to support vation, and I happen to think he is ex- the President to go to war in the first place. them. We ought not to be leaving any actly right. He said: ‘‘We have a sense He said that in Des Moines, IA, on of our friends in Iraq, who have allied of Senate resolution on asparagus. February 17. themselves with us by helping us, to They don’t mean a whole lot.’’ Senator LEVIN, the chairman of the doubt, wondering whether we would Well, I have heard a lot from my con- Senate Armed Services Committee, a pull our troops out precipitously and stituents back in Texas who just won- Democrat of Michigan, said: leave them exposed to a huge humani- der what in the world are we doing here We should limit the mission. One thought tarian crisis and a huge ethnic cleans- in Washington debating a series of non- is that we should limit the mission to a sup- ing by the violence that would ensue. binding resolutions. Senator DODD has port mission. In other words, an anti-ter- My hope is we will give this new plan it exactly right. To show the dignity of rorist mission to go after al-Qaida in Iraq, to a chance. As the Iraq Study Group said, these nonbinding resolutions, we even support and train the Iraqi Army, to protect they believe they could support a have a Senate resolution on asparagus. our own diplomatic personnel and other per- surge, under appropriate conditions, on It is demeaning and inappropriate, in sonnel in Iraq. page 73 in that report—a bipartisan re- my view, for us to be talking in those So Senator LEVIN’s proposal would be port of a group who have been given kinds of terms when it comes to some- to limit the mission, to put conditions great weight in Congress. They have thing as serious as Iraq. on our troops and on the rules of en- studied the issue and made rec- Then there was the Murtha plan, gagement that would deny them the ommendations to the President. The named after Representative JACK MUR- ability to be successful, if they were President has consulted broadly with a THA, the Democrat from Pennsylvania. otherwise able to be successful. He said large number of people, military ex- This is Representative MURTHA’s plan. that on September 19. perts, people on both sides of the aisle, He said: Representative CHET EDWARDS, again and has come up with not only a new They won’t be able to continue. They won’t of Texas, a Democrat, I think nailed it. commander but a new plan, and we be able to do the deployment. He said: have a new Secretary of Defense. This is his plan. I think Congress begins to skate on thin I fail to understand, and I cannot un- They won’t have the equipment, they ice when we start to micromanage troop de- derstand, why it is there are so many won’t have the training, and they won’t be ployment and rotation. people who are determined to see that able to do the work. There is no question in He said that on February 23, 2007. plan be unsuccessful by not providing my mind. We have analyzed this and we have the troops, by not providing the fund- come to the conclusion that it can’t be done. Then there are other resolutions by other candidates for President. ing, and by tying our troops’ hands So this is what the Democrats in the The Senator from Illinois, Mr. with redtape, in terms of the rules of House have had to offer in terms of res- OBAMA, on his resolution said: engagement and the conditions under olutions: Let’s not vote to cut off fund- which they fight. ing, but let’s tie our troops in so much The time for waiting in Iraq is over. The days of our open-ended commitment must Mr. President, I ask our colleagues redtape and deny them the ability to come to a close. The need to bring this war on the other side of the aisle to work be successful with the new plan the to an end is here, and that is why today I am with us and come up with some plan President has proposed in Iraq. That introducing the Iraq War Deescalation Act of that can have the support of the Mem- was on February 15. 2007. bers of Congress. As I said, it used to be Representative JIM COOPER, a Demo- That was on January 30, 2007. He that differences between political par- crat from Tennessee, I think tagged it wanted to cap troops who could be de- ties stopped at the water’s edge, par- right, tagged Representative MURTHA’s ployed into Iraq and opposed the Presi- ticularly on a matter so important as plan correctly. He said on MURTHA’s dent’s plan. our national security. A confusing mes- clumsy strategy: Then Senator CLINTON, on her pro- sage is sent by these revolving-door Congress has no business micromanaging a posal, said: resolutions that are mutually con- war, cutting off funding or even conditioning tradictory and inconsistent and do these funds. I don’t want to defund our troops, I am against that, but I want to defund Iraqi nothing to help us win the war there, That was what Representative JIM troops. to stabilize Iraq, and to bring our COOPER said on February 23 in the Just remember, a moment ago Sen- troops home as fast as we can. Washington Post. I yield the floor. ator LEVIN in his resolution said he Congressman CHET EDWARDS from my The ACTING PRESIDENT pro tem- State of Texas, another Democrat, wanted to train and equip the Iraqis, pore. The Senator from Florida is rec- said: and now Senator CLINTON says she ognized. wants to defund the Iraqi troops. She If you strictly limit a commander’s ability Mr. MARTINEZ. Mr. President, I fol- to rotate troops in and out of Iraq, that kind said: low the remarks of my colleague from of inflexibility could put some missions and I want to defund the private security going Texas regarding the situation in Iraq some troops at risk. for the Iraqi government if they don’t meet and our own situation as it relates to He said that on February 23 in the these certain requirements. that effort. I wish to pick up on what Washington Post. She said that on FOX News, a special he said, which is that for so long in the The latest resolution, the Biden- report with Brit Hume on January 18, history of our Nation, politics ended at Levin proposal, was described by Sen- 2007. the water’s edge. I wish we could go ator JOE BIDEN of Delaware, the chair- I could go on and on. I know the Sen- back to the days when we would look man of the Foreign Relations Com- ator from Florida is here and wants to at our troops fighting overseas in an ef- mittee in the Senate, another Demo- speak on the same topic. But the pleth- fort as significant as this is—the cur- crat candidate for President: ‘‘And that ora of resolutions that seem to be ema- rent war against radical Islam—as resolution can be simply entitled: Re- nating from the other side of the aisle something that could unite us all as voke the authorization.’’ can’t do anything but engender confu- Americans, where we might shed party What he is talking about is revoking sion about our aims in Iraq and in the labels and also shed personal political the authorization of the use of military Middle East, not only for our troops ambition. force that Congress passed in 2001. He who put themselves in harm’s way but I cannot help but notice, as the Sen- is talking about, in 2007, going back to for Iraqis who have allied themselves ator from Texas was recounting all of 2001 and revoking the original author- with us, who have helped us. I would the various plans that have been pro- ization for use of military force that think that out of the new majority, at posed from the other side, that most of has resulted in 130,000 American troops least there ought to be a consensus on them seemed to come from those la- currently in Iraq. what it is we ought to be doing there, beled as a Presidential candidate. It

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4647 seems everybody tried to have a dif- will not allow reinforcements into bat- has the power and authority to deploy ferent nuance on yet another micro- tle, will not allow the equipment nec- troops. He has the power and authority managing strategy to satisfy their per- essary, and has been described as a to direct military campaigns during sonal political goals. slow-bleed strategy. That kind of a wartime. For the Congress to tie the So how do we serve our national in- strategy accomplishes nothing toward President’s hands is not the right thing terests best? We should not be fighting victory, and it does damage our troops, to do. It is outside the scope of what a war from the political landscape of their morale and their mission. the Congress is supposed to do. This is Washington. That is a recipe for defeat. Our President is the Commander in not the checks and balances intended We should follow the strategy of Gen- Chief. He is the leader of our Nation’s by our Founding Fathers. In a time of eral Petraeus, who is in the field, who military. Congress voted to authorize war, the Congress should only support is the allied commander of our troops the President under the present cir- our President, try to unite behind our in Iraq, who does believe the current cumstances. Resolutions in Wash- troops and unite behind our effort. Our strategy we are following is one that ington of all flavors and varieties job is not to micromanage the handling has a reasonable chance for success. might make for good politics, but they of a war. There is no guarantee, but it has a rea- do not make good sense as a military Another theory that has been ad- sonable chance for success. That strat- policy and a strategy for success. We vanced is we should continue to fight egy has now been unfolding for several only have one Commander in Chief at a al-Qaida but not be involved in a civil days. There has been a change on the time. Our Nation only has one Com- war. I have not understood how we can ground. It is a strategy I know many mander in Chief, and to micromanage have a strategy in a place that is as forget, but it has multiprongs to it. It our troops in the field is not what was complex as Iraq is today to fight is not just the military reinforcements ever intended by the constitutional re- against one set of insurgents and not over Baghdad and the Iraqi forces tak- sponsibilities that divide the powers against another. We do know that a ing the lead in Baghdad with our sup- within our Government. chaotic Iraq would be nothing but a port, but it also has a political and an My colleague from Texas talked haven for al-Qaida. We know that al- economic component. The political about Chairman LEVIN’s comments. He Qaida is resurging and reorganizing; component—and I had to look for it be- made other comments in that inter- our recent intelligence reports indicate cause it was not on the front page—was view. This was Sunday on ‘‘Meet The that. Nothing would be more appealing that the Iraqi Cabinet approved yester- Press.’’ He said: or pleasing to them than to, first of all, day an oil-sharing agreement for their We are trying to tie the hands of the Presi- validate their strategy, which is to cre- country, which now goes to the Iraqi dent and his policy. ate such an uproar in American poli- tics through the deaths of our men and Parliament for their approval. That is I will repeat that: one of the key cornerstones of begin- women in uniform and to end the re- We are trying to tie the hands of the Presi- solve of our Nation so we would not ning to achieve a political settlement— dent and his policy. We are trying to change reaching an accord on the sharing of the policy. And if someone wants to call that continue to be steadfast in our resolve. oil revenue—so there can be a sense of ‘‘tying the hands’’ instead of changing pol- This has been their avowed and pro- nationhood, so there can be a coming icy, yes, the President needs a check and bal- fessed strategy. together of the different factions with- ance. I believe for us to do anything other in Iraq. It is a very important compo- I don’t think that is a check and bal- than continue forward in this hopeful nent of a political settlement. I know ance that was envisioned by our Con- effort for a victorious outcome would be nothing short of giving in to al- other settlements are being added to stitution and Founding Fathers—tying Qaida’s strategy—their professed strat- the military and, at the same time, we the hands of the Commander in Chief egy. There is only one option, which understand some of those folks we in a time of war, while our troops are has to do with the funding of our would not want to be partners with. deployed and are shedding blood in bat- troops. I go back to the Gregg resolu- There are elements from the old tle. That is not what our Constitution tion. Senator GREGG had a resolution, Baathist Army that can be incor- ever intended. and it was simply that we would sup- porated. Most of these are Sunnis, Is it appropriate for Congress to tie port our troops. Our troops are in bat- which is leading to a greater sense of the hands of the Commander in Chief tle; we are in a time of war. This Con- confidence in the Sunni population. We in a time of war? I would say no. I be- gress sent them into battle by allowing see shifting and changing on the lieve most Floridians would agree with that—that this is not the time to tie the President to have the authority to ground. We see that al-Sadr is taking a do so. So at this time, the only resolu- slightly different approach. He is anti- the hands of the Commander in Chief. Should we keep the Commander in tion that I think is appropriate is the American, but at the same time the Gregg resolution, which has been dis- Chief from reinforcing our troops? In streets of Baghdad seem to be a tad cussed but not debated on the floor of the judgment of military leaders, such quieter. the Senate. I look forward to an oppor- We have a long way to go, but we are as General Petraeus, the reinforce- tunity to have a full debate on that making some progress. I believe it is ments are necessary, needed, and they resolution. Hopefully, the leadership are part of what will give us an oppor- important we note even the small will allow it to come to the floor for a tunity for success. Should we keep the measures of progress. I know our full debate and a vote. troops on the ground, our brave men Commander in Chief from reinforcing The ACTING PRESIDENT pro tem- and women fighting in Iraq, do notice these troops? The answer to that is pore. Under the previous order, the these changes and understand they also no. Under article I, section 8, of next 30 minutes will be under the con- make a difference in the lives of the the Constitution, with regard to the trol of the majority leader or his des- Iraqis. When our men and women who Armed Forces, Congress is given the ignee. volunteer to serve our Nation are de- power of the purse and only the power The Democratic whip is recognized. of the purse. We have the responsibility ployed and they go into battle, they f should never for a moment have any to fully provide funding for our mili- hesitation in their minds or wonder tary forces, especially when they are at IRAQ whether they will have the tools they war and in harm’s way, defending our Mr. DURBIN. Mr. President, I am need to successfully perform their mis- Nation. glad we are discussing this issue. I am sion while defending themselves and So what is the President’s role in all glad we are on the floor of the Senate the civilians they are working to pro- of this? Article II, section 2, of the Con- to discuss the war in Iraq. I think this tect. stitution says the President is the is an issue that is being discussed The concept of opposing the war but ‘‘Commander in Chief of the Army and across America—over coffee pots in of- supporting our troops seems untenable, Navy of the United States.’’ He has fices, in doughnut shops in the morn- when part of that same plan is one that command over the Armed Forces. He ing, at schools, in living rooms, and in

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4648 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 27, 2007 churches. Everybody is thinking about dreds of billions of dollars for this war Their legions have grown so exponentially— this war, as they should. Those of us that I think is the wrong war. Why? they outnumber hospital patients at Walter who are fortunate enough to live in the Quite simply, if it were my son or Reed 17 to 1—that they take up every avail- safety of America know full well that daughter in uniform in this war risking able bed on post and spill into dozens of nearby hotels and apartments leased by the we have over 130,000 of our best and his life, I would want him to have ev- Army. The average stay is 10 months, but bravest sons and daughters, brothers erything necessary to be safe and to some have been stuck there for as long as and sisters, husbands and wives, risk- come back home safely. two years. ing their lives at this very moment in So, yes, we support our troops. Disengaged clerks, unqualified platoon ser- Iraq. Whether we disagree with this foreign geants and overworked case managers fum- I have listened carefully to my col- policy or agree with it, Members of the ble with simple needs: feeding soldiers’ fami- leagues from the other side of the aisle Senate support our troops. But one lies who are close to poverty, replacing a as they have come to the floor, includ- cannot overlook the obvious. When it uniform ripped off by medics in the desert sand or helping a brain-damaged soldier re- ing the last two, Senator CORNYN of comes to the support of our troops, it member his next appointment. Texas and Senator MARTINEZ of Flor- goes way beyond a speech on the floor Here is a quote from Marine SGT ida. I have the highest respect for both of the Senate. Ryan Groves, 26 years old, an amputee of my colleagues. I count them as On Sunday, February 18, Dana Priest who lived at Walter Reed for 16 friends. I work with them on many and Anne Hull of the Washington Post months. Here is what he says: issues. I respectfully disagree with wrote an article which has seared the conscious of America. It was part of a We’ve done our duty. We fought the war. them on their views on this war. We came home wounded. Fine. But whoever Senator CORNYN mentioned earlier he series about a military hospital, Walter the people are back here who are supposed to felt there should be a consensus among Reed. I visited that hospital many give us the easy transition should be doing Democrats about what to do with this times to visit our soldiers, marines, it. . . . We don’t know what to do. The people war, that if we have 50 or 51 Members airmen, and sailors who were in recov- who are supposed to know don’t have the an- on the floor, we ought to have a point ery. I have been so impressed with the swers. It’s a nonstop process of stalling. of view. I say to the Senator from men and women, the medical profes- Walter Reed Hospital, the crown Texas that there are some things we sionals who perform medical miracles jewel of medical care for our soldiers agree on, on this side of the aisle. For for these men and women who come who are giving everything in Iraq. example, when there was a vote 10 or 11 home injured from the wars. So now let’s ask the question: Who is days ago on whether we should escalate I listen to the soldiers and their fam- working to support our troops? Who is the number of troops we are sending to ilies, and they are so grateful for what working at Walter Reed to support our Iraq, whether we should follow the they have received at Walter Reed. As troops? Rhetoric is easy on the floor of President’s proposed plan to send any- the article says at one point, Walter the Senate, but for these troops and for where from 21,000 to 48,000 more sol- Reed has always been viewed as ‘‘a sur- the families, it will take more than diers into harm’s way, 49 of 50 Demo- gical hospital that shines as the crown words of loyalty and respect. crats voted no. jewel of military medicine.’’ And so it I can recall when this debate started. We were joined by seven Republicans should be. Our men and women in uni- As a Senator, I faced the toughest vote who crossed the aisle. Is there a con- form who have made the sacrifice de- any Senator can face—a vote on a war. sensus on the Democratic side on the serve the very best. You know at the end of the day, if you President’s plan? Yes. And it isn’t just If that were the message of this se- go forward with the war, people will a consensus on the Democratic side; it ries in the Washington Post, it die—not just the enemy but our brave is a consensus across the Nation. wouldn’t have been noted or remem- soldiers, as well as many innocent peo- This morning’s Washington Post on bered by anyone because it would have ple. It is the kind of vote that costs the front page has the disclosure of an been repeating the obvious. But, sadly, you sleep, and it should. ABC News poll. Some 53 percent of the this series tells us something different. I remember it so well. It was October American people think it is time for a Just a few minutes’ drive away from 11, 2002, within weeks of the election. deadline for withdrawing forces from where we are meeting in this Senate We had been subjected to a steady bar- Iraq, and an overwhelming majority Chamber, at Walter Reed Hospital, rage of statements from the President think the President’s strategy is there are buildings which are in deplor- and the administration about why this wrong. able condition. There are veterans and war was necessary. We had been told of To argue that the Democrats don’t soldiers who are being treated in ways weapons of mass destruction which not have a consensus position is not an ac- that are absolutely unacceptable. Let only threatened the region but even curate statement. It does not reflect me quote a few words from this series threatened the United States. We had what occurred in a vote that just took in the Washington Post describing one been told of a ruthless dictator in Sad- place a few days ago. of the buildings at Walter Reed Hos- dam Hussein who had gassed and killed I am also troubled by the continuing pital: his own innocent people. We had been reference to support of our troops. May . . . [P]art of the wall is torn and hangs in told there was a connection between I put that to rest for just a moment. the air, weighted down with black mold. . . . Saddam Hussein and the terrible Twenty-three of us in the Senate voted Signs of neglect are everywhere: mouse drop- events of 9/11 in the United States. We against this war in Iraq—1 Republican pings, belly-up cockroaches, stained carpet, had been told even of nuclear weapons cheap mattresses. and 22 Democrats. But I will tell you, and the possibility of mushroom- Mr. President, when the President The article goes on to say: shaped clouds if we didn’t respond, and came and then asked for funds to sup- The common perception of Walter Reed is quickly, in Iraq. port our troops in Iraq, this Senator, as a surgical hospital that shines as the But what we were told turned out not crown jewel of military medicine. But 51⁄2 and the overwhelming majority of years of sustained combat have transformed to be true. What we were told as the those of us who oppose the policy, gave the venerable 113-acre institution into some- reason for the war turned out to be the President every penny he asked for. thing else entirely—a holding ground for wrong. I was a member of the Senate Our thinking was very clear: Though physically and psychologically damaged out- Intelligence Committee, and I sat be- we may disagree with the policy, we patients. Almost 700 of them—the majority hind closed doors at confidential hear- can’t put the burden of what we con- soldiers, but some Marines—have been re- ings and heard disputed evidence about sider bad policy on the backs of our leased from hospital beds but still need statements being made by the adminis- soldiers. We cannot shortchange them treatment or are awaiting bureaucratic deci- tration. I was sworn to secrecy. I sions before being discharged or returned to in any way in battle, even if we dis- active duty. couldn’t walk outside the room and agree with the battle plan of the Com- They suffer from brain injuries, severed say: Wait a minute, this morning’s mander in Chief. So I voted not for $1 arms and legs, organ and back damage, and headline about mushroom-shaped billion, not for $100 billion, but hun- various degrees of post-traumatic stress. clouds is about nuclear weapons that

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4649 even this administration is not agreed It sounds like a good thing until one Specialist Christopher Boone, 34 years old, on. I couldn’t say it because of my oath hears the details. The details are that of Augusta, Georgia; Sergeant Richard L. of loyalty to make certain I didn’t dis- the Iraqi police are preceding Amer- Ford, 40 years old, of East Hartford, Con- close classified information. But I ican soldiers to the homes, warning the necticut; Specialist Louis Kim, 19 years old, knew when it came time to vote that of West Covina, California; Staff Sergeant people in the homes to hide their weap- David R. Berry, 37 years old, Wichita, Kan- giving the President the authority to ons because the Americans are right sas; PFC Travis Buford, 23 years old, Gal- start this war was a bad decision, and behind them. We know this because our veston, Texas; Staff Sergeant Joshua Hager, that is why I voted against it. I think translators are telling our soldiers the 29 years old, of Broomfield, Colorado; and it was the worst foreign policy decision Iraqi police are not helping. The Iraqi PFC Rowan D. Walter, 25, of Winnetka, Cali- in my time in Congress. It is one that police are trying to cover up the insur- fornia. will haunt us for years to come. gents’ tracks. That is this morning’s list. Sadly, Iraq has not become the last battle in So one wonders why some of us be- every morning there is a list. the war on terrorism. Sadly, it has be- lieve it is time for the American sol- If there is a sense of impatience on come a proving ground, a testing diers to start to come home? I think it this side of the aisle, if there is a sense ground, a preparation place for train- is past time, it is long overdue. It is of impatience across this land, it is be- ing even more terrorists. Those are not time for the Iraqis to stand up and de- cause we know each and every one of my conclusions; those are the conclu- fend their own country, to put their those lives is so valuable to their fami- sions of our intelligence agencies. lives on the line, the lives of their po- lies and to every single one of us. We When I listen to the Members on the licemen and their soldiers, to make the want the day to come when soon these other side say what we need to do in political decisions that need to be soldiers who are serving us so nobly Iraq is send more Americans into that made that Iraq can someday stand on and gallantly in Iraq can come home battleground, I ask myself: To what its own. As long as the Iraqis believe safely to the hero’s welcome they de- end? We were asked to do several serve for serving their country so well. things by this President, and we did they can dial 9-1-1 and order up Amer- Those of us who question this policy them and did them well. We deposed ican soldiers to come and stand and are being criticized because we are try- that dictator, dug him out of a hole in fight and die in their streets, they will ing to micromanage this war. I wish I the ground and held him accountable not accept their own responsibility for could. I wish I had the power. I do have in the courts of his own nation. We their own future. searched high and low for weapons of Those on the other side say give this the power, as a Senator, to speak up on mass destruction to destroy and could plan a chance. I regret to say we have this floor, to appeal to my colleagues find none. We gave to the Iraqi people given this plan a chance three different to stand up, to ask them on a bipar- a chance for a free election, something times. This is the fourth time the Bush tisan basis to reach a compromise they never had in their history. Our administration has proposed sending which will start to bring these troops soldiers stood guard at the polling more American troops in for a surge to home. places so the Iraqi people could finally end the war. I think there is reason to It is true we only have one Com- have their own voice and their own fu- be skeptical, particularly when it is at mander in Chief, but we also only have ture. We let them choose their own the risk of more American lives. one constitution, and the Constitution leaders. We let their leaders form their Incidentally, when they make ref- makes it clear that the President, de- own Government. We gave them more erence to the Iraq Study Group, this bi- spite all of his power, doesn’t have all opportunities at the cost of American partisan group headed by former Sec- the power in this town or this Nation. lives, American blood, and American retary of State James Baker and His power is shared, shared with the treasure than any nation has ever former Congressman Lee Hamilton, American people through their elected given to Iraq in its history. We have when they talk about their proposal for representatives in Congress, and that achieved those things. We should be a surge or escalation of troops, they power gives us the authority to stand proud of those successes. But, unfortu- forget to add the one important or two and debate. nately, despite all we have done, the important elements: That was part of a Much has been said about Senator Iraqis have not faced their own polit- surge in diplomacy, something this ad- CARL LEVIN, who spoke on a television ical responsibilities. After all of the ministration is loath to enter into. show, ‘‘Meet the Press,’’ this last Sun- years, after all of the money, after all See, they believe we should be sitting day. I watched that show, and I of the training, and all of the time, down as a nation with nations in the couldn’t have been prouder of my col- they still don’t have a police force that region and trying to work out some league from Michigan. I respect CARL can stand up and defend the people of stable resolution to this conflict in LEVIN so much. As chairman of the Iraq in the streets of Baghdad. If there Iraq. The Bush administration has been Armed Services Committee, he takes is a threat of terrorism anywhere in reluctant to do that, but the study his job so seriously. I don’t know of a the world, it isn’t the army that has group called for it and, yes, they did more conscientious Member, carefully the major responsibility, it is the po- call for the possibility of a surge in weighing every word of every bill, try- lice force. troops but only if we are bringing our ing to make the right judgment not What do we know of the Iraqi police troops out as of the end of March in just for the moment but for the Nation. force in this surge, in this escalation? 2008. They had a definite timetable for When he spoke on that bill about reau- The press report over the weekend was the removal of most American troops thorizing, about questioning the au- troubling. We are sending American from this theater. The other side thority given to the President in Octo- soldiers into the meanest streets and doesn’t talk about that point, and cer- ber of 2002, I think he was right. I know toughest neighborhoods of Baghdad tainly the President doesn’t either. what that resolution said. We passed it where death is at every corner, death is One of the Senators came to the floor in October of 2002. It addressed two at every door. They are searching these and said those of us who are critical of challenges and two threats that no houses to try to find the insurgents the President’s policy are microman- longer exist. There is no Saddam Hus- who are causing the civil war. They are aging the war. Somebody needs to sein and there were no weapons of mass looking for weapons. They are looking manage this war. Somebody needs to destruction. for evidence of these bombs that are manage a war which, as of this morn- I think it is appropriate that we ad- being set off and blowing through our ing, has claimed 3,154 American lives. dress this issue again and that we try humvees and armored vehicles, killing We have been losing about three to decide what we are going to do to and disabling our soldiers. That is what American soldiers every single day move forward; first, revoking any au- our American soldiers are doing now, while we have been debating this war. thority given in a previous resolution house by house, street by street, in this I looked through this morning’s list of that no longer exists; and, second, dangerous part of Baghdad, and they soldiers, and I watch it on the news- carefully defining the way we will are accompanied by Iraqi policemen. cast, and it is heartbreaking: bring our troops home, making certain

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4650 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 27, 2007 we understand the assignments and re- Reed Hospital, but we won’t stop there. yourself but of others, of service, of sponsibilities they will have into the Walter Reed has to meet its obligation sacrifice. Many people talk about reli- future. not just for inpatients, where they do a gious values, and I am getting some- This is an awesome responsibility to magnificent, an excellent job, but for what skeptical the more I hear people discuss this war, to debate it on the those who are outpatients as well. We talk. I am never skeptical of Senator floor of the Senate, and to do it in a have to take this issue to the veterans KENNEDY because he actually lives the constructive and positive way. I sin- hospitals and we have to ask the hard values he preaches. Sometimes some of cerely hope my colleagues on the other questions about whether the veterans the greatest things I see him do are not side of the aisle, those who are loyal to of this war and all of our wars are evident to the camera. I would like to the President and those who are loyal being treated with the dignity and re- share one of them. I could give plenty to the President’s policy, will encour- spect and care they deserve. of examples. age this debate, that they won’t stop us I salute the Washington Post and Many people might be surprised to with procedural obstacles, that they those who wrote these articles. I am know that not only is Senator KEN- will allow the Senate to speak, to de- sure they will receive recognition for NEDY a champion of education, but he bate, and to express its will. We have bringing this to our attention. This actually, for over 2 years, took time tried before unsuccessfully, but we are will be a clear example and a clear op- out of what is an extraordinarily busy going to try again. I believe this is an portunity for those of us who stand on and hectic Senate schedule to tutor a extremely important priority, perhaps the floor and give speeches about sup- child, teaching him how to read. How the highest we face. porting our troops to prove we mean it. would I know this? Because, on occa- Having said that, the first bill that is Mr. President, I yield the floor, and I sion, I had the great honor of sitting likely to come up tomorrow, maybe suggest the absence of a quorum. next to him in the library down the later today, is on the 9/11 Commission The ACTING PRESIDENT pro tem- street, where I was trying to keep up recommendations. The 9/11 Commis- pore. The clerk will call the roll. with him and thinking if Senator KEN- sion, my colleagues will recall, was an The legislative clerk proceeded to NEDY can carve an hour out of his effort to assess America’s vulnerabili- call the roll. schedule, certainly I could try to do ties after the attack on 9/11. That com- Ms. LANDRIEU. Mr. President, I ask that as a freshman Senator. Needless mission published a report that was unanimous consent that the order for to say, I could never keep up with the widely read and applauded because of the quorum call be rescinded. schedule. But I watched him and ob- the leadership of Republican Governor The PRESIDING OFFICER (Mr. served him one-on-one with a child no Kean of New Jersey and Congressman CASEY). Without objection, it is so or- more than 10 years old, patiently Lee Hamilton, a Democrat of Indiana. dered. teaching him how to read. The next They cochaired a panel, a very distin- Ms. LANDRIEU. Mr. President, I ask year it was a little girl. guished bipartisan panel, which came unanimous consent to speak in morn- One particular day, he even had the up with recommendations to make ing business for up to 10 minutes. foresight or kindness to bring his pet America safer. The PRESIDING OFFICER. Without bunny from home. He has many pets— Some several years later, we have objection, it is so ordered. Splash the dog, being one, and Sonny. not lived up to their recommendations f He brought his pet rabbit to the school, and we haven’t carried out their agen- to the joy of the children perhaps to SENATOR KENNEDY’S 75TH da. There is much we can do to make encourage them to read about animals, BIRTHDAY this country safer and we want to move which is a good way to get kids inter- immediately to considering their rec- Ms. LANDRIEU. Mr. President, I ested in reading, to actually show ommendations and implementing come to the floor today to join many of them. He knew this instinctively. them, whether it is port security, our colleagues in honoring one of our Maybe that is because of the family he whether it is a communication system colleagues who celebrated a very spe- is from or because of the kind of guy he in Illinois or other States that allows cial birthday last week; Senator KEN- is. He is an extraordinary and a very the police, firefighters, first respond- NEDY from Massachusetts turned 75. He different kind of Senator. I have been ers, and the medical community to was congratulated and applauded and inspired by him, and I am confident our communicate quickly in the midst of heralded throughout these last few colleagues have been as well. an emergency, whether it is a matter days on that milestone. I have come to I also wish to acknowledge the tre- of mass evacuation drills, which I have the floor to give a few brief remarks in mendous partner he has in Victoria been asking for and which are included honor of this tremendous achievement Reggie Kennedy, a daughter of Lou- in this legislation. There are many because it has been 75 years well lived, isiana. I have watched this couple grow things we can do, and specific things. in dedication to this country. in love and support of one another. I There are many who think we should He has been an inspiration to me and think they are a model for couples who move immediately to the debate on the to many of us in the Senate. His en- are in public office. We could not find a war. We are only going to postpone it ergy, his commitment to his work, his better couple, in terms of their com- long enough to discuss these 9/11 Com- constant thinking about new ap- mitment to each other, to this body, to mission recommendations. The fami- proaches and innovation is a testament the Nation, and to the State of Massa- lies of the survivors of 9/11 have ap- to his presence and his service in the chusetts and, when they have extra pealed to us to make this a high pri- Senate. time, to Louisiana. That was brought ority. For that reason, and for that I also wish to acknowledge that, at home when we experienced the last two reason only, we may set aside the Iraq first, coming to the Senate I felt very hurricanes, Katrina and Rita. As you debate for a few days but not indefi- close to the Senator. Mr. President, know, they struck our State in the lat- nitely. This debate needs to take place you would appreciate this because you ter part of the year 2005. for the very simple reason that as we are from a large Catholic family your- These storms were of historic propor- debate on the floor of the Senate, un- self. Senator KENNEDY was raised some tion. It was hard to describe the dam- fortunately, our sons and daughters are years before I was but in a similar kind age—which I still struggle with trying still in peril in Iraq. They are still of situation, in a large and loving to describe to this body. But there was caught in the crossfire of a civil war, Catholic family, with strong parents one Senator to whom I did not have to and we are still losing too many good and a real focus on community service take too long to describe the damage, American lives every single day be- and service to the family. That is ap- and that was Senator KENNEDY, who cause of this confrontation taking parent in his work. His Catholic up- got it immediately, perhaps because he place in Iraq. bringing and his deep religious beliefs has walked through south Louisiana In the meantime, we will be stepping are reflected in the teachings of the with Vicki Reggie, his wife; perhaps he forward to do something about Walter Catholic Church, about thinking not of just has a big heart and great mind

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4651 that can grasp situations fairly quick- likely, but I am sure in the final years, up to that point how to get their edu- ly; and perhaps because he leans for- in the final chapters of his life, he will cation started. ward always in his ability and his de- continue extraordinary service and will Of course, learning those early lan- sire to help people in need. He didn’t probably go down in history as one of guage symbols and numbers and social need the situation to be explained to the finest Senators to ever serve in this interaction is so important in those him. He understood. body. early years. Cecil knew this. His life Not only did he help us pass one of f was committed to education, to being a the most extraordinary pieces of legis- leader and an advocate for children, a lation in that whole confusing time of TRIBUTE TO DR. CECIL J. PICARD champion for the profession of teach- the first 6 months when we didn’t know Ms. LANDRIEU. Mr. President, my ing, with his enthusiasm and ability as what levees had broken, where they remarks about Senator KENNEDY were a legislator, which is where I met him had broken, whose they were, whose for a happy occasion, but this is on a as a State senator and as a legislator fault it was, and everyone was blaming sad occasion. Last week—very close, before he was a superintendent. everyone, but Senator KENNEDY fo- actually, around the Senator’s birth- So as a father, a grandfather, a cused on getting 330,000 children into day—we lost our superintendent of edu- coach, a teacher, a principal, a senator, school, and he focused on getting them cation, Dr. Cecil Picard. Cecil Picard and as an education advocate, we can- into the best school, any school, that died prematurely of Lou Gehrig’s dis- not say strongly enough in Louisiana would take them. ease, but he died in the arms of his lov- that we have truly lost a champion. We He passed legislation I think will ing wife of many years, surrounded by have truly lost someone who, in my serve this country significantly and his children and his grandchildren. lifetime, probably cannot be replaced. powerfully in the decades to come. If We knew for a time—and he knew, of Hopefully, another Cecil Picard will any major catastrophe, whether man- course—that the disease that he had come along, but they are few and far made or natural, hits our country been diagnosed with 2 years earlier was between. again, at least the families with chil- going to be fatal. Although he fought it So I wanted to say on behalf of the dren from K through 12 and the chil- bravely and courageously, it took his 4.5 million people I represent—and I dren who are in those grades will know life last week. can say this without fear of being con- they have a champion in Senator KEN- My husband, Frank Snellings, served tradicted—that he will be missed, but NEDY, who was not in the majority, but on the board of elementary and sec- his legacy will be long remembered, with Senator ENZI as chairman of the ondary education, and I want to say not only in our hearts and minds but in Education Committee and with a group publicly what an inspiration Dr. Picard the way people live. His legacy will be of us who were committed to being was to us, to our family but, more im- reflected in their life, in their produc- their helpers, we passed an extraor- portantly, what an outstanding leader tivity, and their contributions to our dinary piece of legislation that, with 1 he was in the area of education reform State and to our Nation. million people having been evacuated in a State that he loved, a community I yield the floor and suggest the ab- from their homes, 250,000 homes de- which he loved and in which he served sence of a quorum. stroyed, hundreds of schools, hospitals as a teacher, principal, superintendent, The PRESIDING OFFICER. The closed, literally within a few weeks, and then as superintendent of edu- clerk will call the roll. children were, for the most part, safely cation of our State. The assistant legislative clerk pro- ensconced. Even those who found them- His passion and commitment to early ceeded to call the roll. selves in shelters for weeks and months childhood education was contagious. In Ms. LANDRIEU. Mr. President, I ask at times were allowed and encouraged fact, in the last several years of my unanimous consent that the order for and welcomed into schools because of knowing Dr. Picard, I never had a con- the quorum call be rescinded. The PRESIDING OFFICER. Without legislation that Senator KENNEDY versation with him when he did not passed. mention this subject to me. He would objection, it is so ordered. In addition to showing up on this say: Senator, when is the next meeting f floor day after day fighting for that with the Department of Education? RECESS legislation and fighting against the ex- Senator, do the other Senators under- The PRESIDING OFFICER. Under tremes who wanted to turn it into a po- stand how important early childhood is the previous order, the Senate will litical football and vouchers, he held to this country? Do they really under- stand in recess until the hour of 2:15 steady to allow children to go to public stand that without this, our children p.m. today. will never be ready to learn and will schools or Catholic schools—to allow Thereupon, the Senate, at 12:24 p.m., never be able to access the great bene- children from Catholic schools to go to recessed until 2:18 p.m. and reassem- fits of the education infrastructure public schools and children from public bled when called to order by the Pre- schools to Catholic schools, which that we put together for them? Don’t siding Officer (Mr. CARPER). seems simple, but at the time it they understand? wasn’t—he personally delivered to our I would say to him: Cecil, unfortu- f office some nourishment and encour- nately, they don’t understand it the UNANIMOUS-CONSENT agement to my staff who were over- way you do. If everybody in this coun- AGREEMENT—S. 184 worked and under tremendous stress try had your passion and intellectual The PRESIDING OFFICER. The Sen- and didn’t call me to let me know he grasp of early childhood education, we ator from New Mexico. was coming, didn’t call the news media would not be so grossly underfunded. Mr. BINGAMAN. Mr. President, I ask to make sure they saw him bringing Because of his work in Louisiana, we unanimous consent to withdraw the re- these things, but just showed up. To me now have—and it is his legacy—LA4, quest to proceed to S. 184. and to my staff, that meant the world. Louisiana 4, which the majority—not The PRESIDING OFFICER. Without I thank him for his great service to all, not because of his lack of trying— objection, it is so ordered. this country on his 75th birthday. I will our 4-year-olds in Louisiana are almost f submit a lot more for the public record covered for early childhood opportuni- because his legislative achievements ties. So when they show up and knock IMPROVING AMERICA’S SECURITY are quite long. Since they are well at that kindergarten door and that BY IMPLEMENTING UNFINISHED known, I thought I would add some teacher welcomes them with open RECOMMENDATIONS OF THE 9/11 points people might not know about arms, those children can sit down at COMMISSION ACT OF 2007—MO- this extraordinary public servant and that desk or at that table and open a TION TO PROCEED Senator who turned 75. I only wish book and begin to really grasp and un- CLOTURE MOTION medicine would keep up with us so that derstand the letters and the meanings Mr. BINGAMAN. Mr. President, I he could serve another 75. That is un- of words because they have been taught now move to proceed to S. 4 and send a

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4652 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 27, 2007 cloture motion to the desk for consid- mented or funded, such as homeland se- Officer, a valued member of the com- eration. curity grants or money for interoper- mittee, and with all of our committee The PRESIDING OFFICER. The clo- able communication systems that in a members to shape this important legis- ture motion having been presented time of emergency, after a terrorist at- lation. Indeed, the committee voted under rule XXII, the Chair directs the tack or a natural disaster, enable our unanimously on February 15 to report clerk to read the motion. first responders to speak to each other this bill. The bill before the Senate The assistant legislative clerk read in order to adequately and promptly now is the product of careful collabora- as follows: protect us. tion among the members of our com- CLOTURE MOTION These women who are outside the mittee, State, local, and tribal govern- We, the undersigned Senators, in accord- Chamber, whom I saw as I came in, are ments, emergency response providers, ance with the provisions of rule XXII of the here today to persuade the Senate to the private sector, the administration, Standing Rules of the Senate, hereby move begin debate on legislation to fulfill and other stakeholders. It has produced to bring to a close the debate on the motion the recommendations made by the 9/11 legislation that builds on the earlier to proceed to S. 4, a bill to implement rec- Commission. The legislation, S. 4, work of the Committee on Homeland ommendations of the 9/11 Commission. came out of our committee, and it was Security over the last 3 years. Joe Lieberman, Russell D. Feingold, Ben an honor and a pleasure, as always, to During that time, the committee has Cardin, Robert P. Casey, Jr., Byron L. produced numerous pieces of legisla- Dorgan, Amy Klobuchar, Daniel K. work with Senator COLLINS. The bill Akaka, Maria Cantwell, John Kerry, passed our committee with 16 votes in tion implementing the recommenda- Ken Salazar, Ben Nelson, Carl Levin, the affirmative and one abstention. It tions of the 9/11 Commission and other- Jack Reed, Chuck Schumer, Jeff Binga- is a very significant, solid piece of wise strengthening our homeland secu- man, Barbara Boxer, Dick Durbin, work and will make America and the rity. In the Intelligence Reform and Mark Pryor. American people even safer. Terrorism Prevention Act of 2004, Con- Mr. BINGAMAN. Mr. President, I ask Is it a perfect piece of work? No. We gress enacted many significant meas- unanimous consent that the cloture expect that many of our colleagues will ures to achieve the goals of the 9/11 vote occur at 2:30 p.m., with the time look at different parts of the bill and Commission. In fact, that bill imple- between now and then equally divided, will want to offer amendments. That is mented the most sweeping changes in and that the live quorum be waived. the nature of this process, and we look our intelligence community in more The PRESIDING OFFICER. Without forward to a good, healthy debate. than 50 years. objection, it is so ordered. There is a sense of urgency, however. More recently, in the last Congress, Mr. BINGAMAN. Mr. President, I We are talking about homeland secu- we passed measures that greatly suggest the absence of a quorum, with rity. We are talking about continuing strengthened protections for America’s the quorum being equally charged to to raise our guard against the terror- cargo ports and chemical facilities— both sides. ists who attacked us on September again addressing vulnerabilities high- The PRESIDING OFFICER. Without 11th, 2001 and who we know are plan- lighted in the Commission report. We also approved an overhaul and reform objection, the clerk will call the roll. ning and intending to attack us again of FEMA that will help improve our The assistant legislative clerk pro- in this most unconventional and deadly emergency response and prepared nego- ceeded to call the roll. warfare on behalf of a totalitarian ide- tiation, whether it is through terrorist Mr. LIEBERMAN. Mr. President, I ology, radical Islam, which threatens attack or a natural disaster. ask unanimous consent that the order us as much as the totalitarian As reported by the Homeland Secu- for the quorum call be rescinded. ideologies we defeated in the last cen- rity Committee, S. 4 builds upon these The PRESIDING OFFICER. Without tury. Together, both here at home and past successes. It would authorize a objection, it is so ordered. throughout the world, we will defeat comprehensive homeland security Mr. LIEBERMAN. Mr. President, I this threat. grant program that includes four vital rise to speak in favor of cloture on the I wish to indicate that most of the programs to assist State, local, and upcoming vote on S. 4, which is the bill bill before us, S. 4, came out of the tribal governments in safeguarding our relating to the 9/11 Commission imple- Homeland Security and Governmental lives and property. Our approach to mentation. Affairs Committee. There are other this bill reflects our belief that home- I just saw, as I came into the Senate parts that came out of the Commerce land security is a partnership and that Chamber, outside in the reception and Banking Committees, and they, in our State and local partners are vital room a handful of people whom I would the ongoing process, will be blended call American heroes. These are women to accomplishing this goal. with our bill. I will have much more to say about who lost loved ones on September 11, I hope all of the Members of the Sen- this bill as the debate proceeds. I will 2001, when terrorists brutally attacked ate will vote for cloture so we can pro- reserve the remainder of my time, if innocent Americans here on our shores, ceed to the debate, consider the amend- any does remain, and I urge my col- in our homeland. They have taken ments, get the bill passed, meet with leagues to vote to invoke cloture on their grief and worked very hard with the House in conference, and get a good the motion to proceed to this impor- many of us here, first to get the Con- bill to the President to sign that will gress and the administration to agree tant bill. build on the security enhancements we As always, it has been a great pleas- on the 9/11 Commission and then, when have achieved since that dark day of ure to work with the committee chair- that Commission came in with its ex- 9/11. man and others, including the Pre- traordinary findings and report, Mr. President, I thank the Chair, and siding Officer. worked with us to see that legislation I yield the floor. The PRESIDING OFFICER. Who was passed which would implement so The PRESIDING OFFICER. The Sen- yields time? many of its recommendations. That ator from Maine. Mr. LIEBERMAN. Mr. President, I was a remarkable bipartisan achieve- Ms. COLLINS. Mr. President, I rise in yield back all the remaining time, and ment which I believe has made our Na- support of invoking cloture on the mo- I ask for a vote. tion safer from terrorist attack but not tion to proceed to S. 4, the Improving The PRESIDING OFFICER. The Sen- as safe as we need to be. America’s Security Act of 2007. This ator from Maine. In the time that followed, the 9/11 legislation will strengthen our home- Ms. COLLINS. I yield back the re- Commissioners themselves asked us to land security and will do so in the spir- maining time on this side. come back and implement the it that shaped the recommendations of The PRESIDING OFFICER. All time unimplemented parts of their original the 9/11 Commission. is yielded back. report or to go back and take another I have worked very closely with the Without objection, the cloture mo- look at the parts they believed and we committee’s chairman, Senator LIE- tion on the motion to proceed to S. 184 believed were not adequately imple- BERMAN, as well as with the Presiding is vitiated.

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Our the clerk will report. vote, the yeas are 97, the nays are 0. troops have begun to arrive, Iraqi The assistant legislative clerk read Three-fifths of the Senators duly cho- troops arriving in greater numbers as follows: sen and sworn having voted in the af- than before, primarily in the city of CLOTURE MOTION firmative, the motion is agreed to. Baghdad, and a new military strategy We, the undersigned Senators, in accord- Mr. DURBIN. Mr. President, if no one and a political, economic, and diplo- ance with the provisions of rule XXII of the is seeking the floor, I suggest the ab- matic strategy has begun to play out. Standing Rules of the Senate, hereby move sence of a quorum. Early signs are encouraging, though to bring to a close the debate on the motion The PRESIDING OFFICER. The everyone cautioned that there will be to proceed to S. 4, a bill to implement rec- clerk will call the roll. signs of progress, because they think it ommendations of the 9/11 Commission. The assistant legislative clerk pro- is a plan that can succeed, but there Joe Lieberman, Russell D. Feingold, Ben ceeded to call the roll. will also be bad days. Cardin, Robert P. Casey, Jr., Byron L. Mr. KYL. Madam President, I ask Nobody should declare victory simply Dorgan, Amy Klobuchar, Daniel K. Akaka, Maria Cantwell, John Kerry, unanimous consent that the order for because things seem to be going well Ken Salazar, Ben Nelson, Carl Levin, the quorum call be rescinded. for a while. An illustration of this is Jack Reed, Chuck Schumer, Jeff Binga- The PRESIDING OFFICER (Mrs. for about 3 days prior to our arrival man, Barbara Boxer, Dick Durbin, McCASKILL). Without objection, it is there had been no major incidences of Mark Pryor. so ordered. violence in the city of Baghdad, yet The PRESIDING OFFICER. By unan- TRIP TO IRAQ they were not willing to applaud that imous consent, the mandatory quorum Mr. KYL. Madam President, a col- too loudly. Good thing, because as we call has been waived. league of mine asked a little earlier if were leaving the country, a couple of The question is, Is it the sense of the I would give a brief report of a trip to car bombs exploded. Clearly, it will be Senate that debate on the motion to Iraq, from which I just returned, and I a matter of progress that is not nec- proceed to S. 4, a bill improving Amer- thought I would take this time to do essarily obvious and certainly will take ica’s security by implementing unfin- that. Several of my colleagues, both a while to achieve. ished recommendations of the 9/11 from the House of Representatives and Nonetheless, progress is possible this Commission Act of 2007, shall be the Senate, Democrat and Republican, time because things are now different. brought to a close? were able to make this trip, and I want In fact, the Deputy Prime Minister of The yeas and nays are mandatory to report primarily on what we found Iraq told us that in his visits with peo- under the rule. when we went to Iraq. ple on the streets of Baghdad he was The clerk will call the roll. I will start by saying we were in seeing something new, and he said it The assistant legislative clerk called Israel the same day Secretary Rice met was an attitude that this time things the roll. with Prime Minister Ehud Olmert and are different; that there is an oppor- Mr. DURBIN. I announce that the Palestinian President Mahmoud Abbas, tunity here for success, for a plan to Senator from Delaware (Mr. BIDEN), and so we had an opportunity to speak succeed, where it didn’t exist before. It the Senator from Connecticut (Mr. with a lot of leaders in Israel as well is not simply because of greater Amer- DODD), and the Senator from South Da- about the status of the negotiations ican presence, it is also because the kota (Mr. JOHNSON) are necessarily ab- that had been thought to proceed Iraqis are beginning to do things dif- sent. there, but with Hamas now likely being ferently than they had done in the The PRESIDING OFFICER. Are there a part of the Palestinian Government past. any other Senators in the Chamber de- they are likely going to come to a halt. Whereas some people call this a troop siring to vote? This is most unfortunate. surge, I think it is important to note The yeas and nays resulted—yeas 97, Obviously, neither Israel nor the there are many other factors involved nays 0, as follows: United States can have direct dealings in addition to the addition of Iraqi and [Rollcall Vote No. 53 Leg.] with a government which is dominated American troops. For example, the by a faction that refuses to recognize Iraqis are now going to be much more YEAS—97 Israel’s right to exist or renounce ter- involved in maintaining control of an Akaka Domenici McCain area after it has been secured. Some- Alexander Dorgan McCaskill rorism or agree to previous Palestinian Allard Durbin McConnell agreements. This will complicate the times in the past the Iraqi or American Baucus Ensign Menendez process of reaching a permanent accord troops would take an area, would clear Bayh Enzi Mikulski that the people in the Palestinian it of terrorists or militias, only to have Bennett Feingold Murkowski areas particularly want to have and those people infiltrate back when we Bingaman Feinstein Murray Bond Graham Nelson (FL) the people of Israel also want to have left. Clearly, an Iraqi presence must be Boxer Grassley Nelson (NE) in order to bring violence to a close maintained in order for stability to be Brown Gregg Obama Brownback Hagel against them. preserved, and that is what we are now Bunning Harkin Pryor So, unfortunately, the news out of beginning to see. Burr Hatch Reed Israel is pretty much the same as it The Iraqi Shiite death squads and mi- Reid Byrd Hutchison has been year after year after year litia activity have gone way down. Cantwell Inhofe Roberts Cardin Inouye Rockefeller after year: Israel simply does not have Again, this is, we believe, partially be- Carper Isakson Salazar a partner for peace at this time. Obvi- cause of some things the Iraqi Govern- Casey Kennedy Sanders ously, Secretary of State Rice is con- ment has done, rounding up about 600 Chambliss Kerry Schumer tinuing to pursue the situation as best of the Shiite troublemakers and work- Clinton Klobuchar Sessions Coburn Kohl Shelby she can to try to help the Israelis ing with the people in places such as Cochran Kyl Smith achieve that situation. Sadr City to persuade them it is better Coleman Landrieu Snowe With regard to the Iraq situation, I to not resist control by the Iraqi Army Collins Lautenberg Specter Conrad Leahy took away three primary points from than it would be to fight. These are Stabenow our visit, and I want to discuss them Corker Levin Stevens positive signs, but they are certainly Cornyn Lieberman Sununu briefly. The first is that after having not an end of the problems. Craig Lincoln Tester talked to our commanders on the There are little things that are being Crapo Lott Thomas DeMint Lugar ground, General Petraeus and General done, for example, to prevent car Dole Martinez Thune Odierno, and a variety of other general bombs from going into marketplaces

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He said, the field the first reactions to the im- go into a market and cause destruction the President’s announced strategy plementation of the new plan for Iraq but certainly not as much as a car should be given a chance to succeed. He have been encouraging. We all under- bomb. specifically said, give it a chance to stand it is early, but it conforms with The point is, from a military tactical succeed. what I have heard from people I have standpoint, the rules of engagement, I think there was some discussion of spoken to from Iraq, in that particu- the activities of the Iraqis, as well as elements of the study commission’s larly in the neighborhoods in which the what the United States is doing, all are recommendations, such as a temporary joint United States-Iraqi security working together to consolidate the troop surge, which is not inconsistent forces have established dominance in gains that have been made there and to with what we are now doing. That is Baghdad, there has been a remarkable preserve them. what I think we should do, give this and significant drop in the sectarian There is also a diplomatic, economic, plan a chance to succeed. Our troops in violence via death squads. Obviously, it and political aspect. The newly an- theater, our commanders, and the Iraqi is still possible, if someone is crazy nounced legislation to distribute the leaders all believe they can see early enough to be prepared to blow them- oil revenues of the nation to the people signs of success in this program, even selves up in a car in a crowd, that the of the country is a very important po- though it has just begun, and they are bombings will occur, but I appreciate litical step that will give the people of cautiously optimistic that it can suc- that encouragement. Iraq more confidence in their Govern- ceed. I think it would be unconscion- I also agree with Senator KYL that ment. This was mentioned by our Am- able for the Congress, seeing the begin- both Houses of Congress spoke on these bassador Khalilzad when we were there. nings of success here, to then act in nonbinding resolutions. My colleague So from the military standpoint there any way that would pull the rug out and I were both against them. So I sup- are some signs this is already begin- from under our troops and make it im- pose what it shows is at this point ning to work, and I certainly hope our possible for them to achieve their mis- there is a majority in both Chambers, colleagues here in the Congress will do sion. although not 60 votes here, that is pre- their best to allow this plan to work. I deliberately did not raise the ques- pared to say in a nonbinding resolution That brings me to the second point. tion of the debate back here in Wash- they don’t support the new plan, which Our commanders, both in Kuwait and ington with the troops I met, but they Senator KYL and I would say is a new Iraq, were very clear that it was impor- raised it with me. They can see what is plan to achieve success in Iraq, but tant the Congress pass the supple- going on. They watch television. They that there clearly, in my opinion, are mental appropriations bill to provide are very well aware of what is being de- not the votes, not a majority in either the necessary equipment and reinforce- bated here. They are proud of what Chamber, to do anything else, and cer- ments and not to tie down the tactics they are accomplishing. Their morale tainly not to cut off funding for the of the people on the ground. They are is high. Yet I submit to my colleagues new plan, which is the specific author- very concerned that we will somehow that were we to pass legislation that ity Congress is given in the Constitu- put limits on the kind of equipment would undercut their ability to per- tion. that goes into theater or the number of form their mission as they see it, clear- So I want to echo what I heard Sen- troops or where the troops go or how ly that situation could change, and ator KYL say, which is that I think this they are deployed. Clearly, Congress this bothers our troops. It certainly, I is the moment for a pause over on this should not be trying to micromanage a think, would have the effect of causing side for what I have called a truce in war, and I hope my colleagues who our enemies to ask whether we have the political war here about the war in have discussed that in some prelimi- the will to see this through. As General Iraq. nary way will see the detriment to Petraeus said, this is all about a test of Let’s give General Petraeus and his such an action and will not offer reso- will. Secretary Gates, I believe, and troops an opportunity to make this lutions that would change the way General Petraeus said it as well—in work. If, God forbid, they don’t, then these commanders are able to do their this war, it is a test of wills, and the there will be plenty of time for amend- job. This is something specifically that United States has to make it clear we ments and resolutions and all the rest General Petraeus asked of us. have the will to see it through. because between now and then—Gen- The third and final point is the Ira- From our perspective as legislators, eral Petraeus said to us, when he was nian influence in Iraq cannot be denied. we can take the example of the young here before the Armed Services Com- It is true, I cannot read Farsi, the lan- men and women whom we put in mittee, that by the summer he would guage of Iran. On the other hand, when harm’s way to achieve a message. The have an idea, based on some evidence, General Odierno holds up an item, one example I take from them is they have of whether the new plan was working, of those explosive devices, and says, in the will. They understand what is at and he would report to us. He will Farsi this says ‘‘made in Iran,’’ I can’t stake. They are proud of what they are begin to report quite soon, I think, on verify that, but I believe General doing, and they want us to help them what he is seeing. Odierno. He pointed to batch and serial achieve the mission. I think that is the Since I don’t see that there is any- numbers on a variety of other weap- least we can do under these cir- thing that will pass both Houses, cer- onry and said, this can all be traced cumstances. I hope my colleagues, as tainly nothing that will pass both back to Iran. we debate in the ensuing days, will Houses and be signed by the President We are clearly in a situation where keep in mind what these folks in Iraq to try to block the carrying out of this we must make it crystal clear to the who are on the ground looking at this new strategy, then I think everybody Iranian leaders this will not be toler- every day have to say about the situa- would gain if we just did something ated. We have a right to protect our tion and that we won’t do anything to that doesn’t come naturally to us, troops in Iraq and their interference undercut them but that we will do ev- which is to remain silent for a while— will be intolerable. We have to find a erything in our power to support their particularly if the sound and the fury way to get the Iranians to back off of mission. will ultimately accomplish nothing be- that. Mr. LIEBERMAN. Madam President, tween now and then. Those were three of the key impres- I rise to speak about S. 4, but I thank I thank my friend from Arizona. sions we took from our trip to Iraq, and my friend and colleague from Arizona, Madam President, I rise to speak I think it boils down to this: Some of Senator KYL, for his report. It was very about S. 4. I thank my colleagues for

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voting overwhelmingly to invoke clo- ator MCCAIN and I introduced to create This is only a partial list of some of ture on S. 4. The bill, if I understand the 9/11 Commission. They then worked the significant achievements that re- the state of parliamentary play now, very hard to advocate for the rec- sulted from that legislation that I am actually will not be formally before the ommendations of the 9/11 Commission. convinced improved our Nation’s intel- Senate for debate and amendments They deserve a lot of credit, as do a lot ligence capability and the security of until tomorrow morning. But I thought of other people in Congress and in the the American people at home. But we I might expedite the matter—because administration, for the passage of the know from ongoing congressional over- this is a big bill, it is an important bill, 2004 intelligence reform legislation sight, from the work of the members of there will be many amendments; I that adopted so many of the rec- the 9/11 Commission who continued to think we will be on it several days—if ommendations of the 9/11 Commission. be focused on our homeland security, I came over and offered my opening In that bill we created a strong Di- and from common sense, that there is statement on the bill today. I believe rector of National Intelligence to forge more to be done. Senator REID made Senator COLLINS, the ranking Repub- greater unity of effort among our intel- adoption of this 9/11 implementation lican member on the committee, may ligence agencies as they moved forward legislation a priority for this Congress. intend, as her schedule allows, to do to inform us about the plans and ac- At a hearing in January that I was the same. tivities and intentions of our enemies, privileged to call as the new chairman Incidentally, Senator COLLINS and I to stop them before they strike us of our committee, Homeland Security, have—what was for me an honor— again. 9/11 Commissioners and family mem- worked very closely together on this There are many reasons on this day bers of 9/11 victims urged us to go for- bill to bring it out of committee. I am we can be grateful that America has ward and finish the job that we started very pleased the final vote was across not been the victim of terrorist acts with the 2004 legislation: to implement party lines: 16 in favor, 1 abstention. again. Some of it is just plain good for- parts of the report that were So we bring the bill to the floor with a tune. Some of it, however, I think is unimplemented by that legislation and real sense of bipartisanship. the work of the agencies created by the to go back and look at some things The bill represents the hard work of 9/11 legislation in 2004. Some of it is, that were not quite working right or the membership of the Homeland Secu- without doubt, a result of the grace of were not fully implemented and see if rity and Governmental Affairs Com- God. We created in that bill also a Na- we could do a better job to close some mittee and includes provisions that are tional Counterterrorism Center to im- of the gaps that we left after 2004. in the jurisdictions of other key com- prove interagency planning to achieve Some of the important Commission mittees as well, particularly Commerce goals in the war against terrorism. recommendations we included in the and Banking, during which occasions One of the most exciting moments I Senate legislation in 2004 were taken out or diluted in conference. Other pro- Senator INOUYE and Senator DODD may have had as a Senator was to go out to visions that Congress did enact have exercise their right, with my encour- the National Counterterrorism Center. unfortunately been implemented poor- agement, to manage those parts of the I urge my colleagues to take the time. Established by the 9/11 legislation in ly. debate. How important is it that we go ahead I thank the majority leader, Senator 2004 to make sure, to use a very sim- with this legislation to finish the job REID, for working with all of the com- plistic metaphor for a very com- we started after the 9/11 Commission mittees that have contributed to this plicated situation, that never again report? Let me quote from the 9/11 Re- would our Government fail to connect effort in bringing before the Senate port: this comprehensive legislation that I the dots that would have presented the The men and women of the World War II am convinced will make our country warning that a terrorist attack was generation rose to the challenges of the 1940s safer. I look forward to working in the coming. and 1950s. They restructured the government days ahead with my colleagues on both This National Counterterrorism Cen- so it could protect the country. sides of the aisle to move the legisla- ter is out there. It has all the relevant That is now the job of the generation that tion through the Senate, into con- agencies, they are constantly stream- experienced 9/11. Those attacks showed em- ference committee, and then ulti- ing information, receiving information phatically, that ways of doing business root- mately to the President’s desk for sig- from around the country, around the ed in a different era are just not good enough. Americans should not settle for in- nature. world, and cooperating with one an- cremental, ad hoc, adjustments to a system September 11, 2001, shocked us. It was other to protect our security. We man- designed generations ago for a world that no a tragedy of unspeakable proportions dated in the 2004 legislation the devel- longer exists. and human loss. It showed us, in that opment of an information sharing envi- This bill that we will begin consid- loss, how we had suffered from what ronment to facilitate the sharing of na- ering in the Senate tomorrow con- the 9/11 Commission itself called a fail- tional-security-related information tinues the process of securing our Na- ure of imagination. By that they among the different branches and agen- tion in this new era where our enemies meant an inability to imagine that cies of the Federal Government and don’t wear the uniforms of soldiers or there were people in the world who also to make sure that the Federal, follow any traditional laws of combat would do something this outrageously State, and local governments were co- but, rather, move silently among us, inhuman, striking buildings, symbols operating. When you think about it, probing for weaknesses while plotting of America, but without regard to the State and local first responders are not attacks on innocent civilians. diversity of human beings in those just first responders, they have the This bill will strengthen our ability buildings and the lives that they were ability, with the hundreds of thousands to respond to not just terrorist attacks leading. of eyes and ears that they bring to law but also preparing our Federal, State, Someone said that on 9/11 the terror- enforcement, to be also first pre- and local governments to better re- ists showed that they hate us more venters. That was a goal of the infor- spond to natural disasters. We are try- than they love their own lives. That mation sharing environment we estab- ing to create an attitude in this bill, an awakened us to our vulnerability and lished. ‘‘all hazards’’ attitude that increases brought us into a new age. In the 2004 legislation we made sig- our homeland security against the I spoke, when I spoke on behalf of nificant improvements to border and threat of terrorist attack, but also, in cloture, of the families of those we lost transportation security, focusing on doing so, prepares our Government to on 9/11 who have been persistent and aviation security, of course; building respond better to natural disasters—of honorable and inspiring advocates for on legislation passed in the immediate course, thinking now of the extent to closing the vulnerabilities that com- aftermath of 9/11, because of our obvi- which our Government at all levels promised and ended the lives of so ous anger that the existing systems of showed that it was incapable of re- many of their loved ones. They fought our aviation structure were used to at- sponding adequately during Hurricane with us on behalf of the bill that Sen- tack the American people directly. Katrina.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4656 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 27, 2007 Let me now discuss some of the im- We simply have underfunded this crit- travel and infiltration of the United portant provisions in the bill. The first ical element of homeland security. The States, which the 9/11 Commission said I want to talk about is information first responders, first preventers, need was just as important as crippling sharing. The 9/11 Report showed us that more help to better protect their con- their financial networks. That cer- the different agencies had different stituents, those who live in the areas tainly makes sense. pieces of information that should have they serve, from potential terrorist at- It requires the Department of Home- aroused suspicion about the attack tacks and natural disasters. land Security and the Department of that came on 9/11, but because those Our proposal, S. 4, would authorize State to implement security enhance- pieces were never pulled together, over $3.5 billion for each of the next 3 ments to the so-called visa waiver pro- there was no way to assemble that years for key grant programs. It turns gram. It also is increasingly clear that monstrous mosaic and to see the full around a precipitous decline in funding serious vulnerabilities exist within the picture it created so as to be able to for homeland security. It provides for a visa waiver program. There are en- stop it. One of the most important in- comprehensive system of both ter- hancements to the program that, if novations since 9/11 is the establish- rorism-oriented and all-hazards grants. adopted in this bill, will close many of ment of fusion centers to share infor- It will ensure that grants primarily in- those vulnerabilities, including man- mation within and between States. tended to bolster prevention of and pre- dating improved reporting by foreign This legislation would improve the cru- paredness for terrorist attacks will be countries on the visa waiver program cial sharing of intelligence and infor- distributed overwhelmingly based on of lost or stolen passports, requiring mation both within the Federal Gov- the risk to an area from a terrorist at- countries to share information about ernment and with State, local, and tack. prospective visitors who may pose a tribal governments, as well as creating Our committee believes we have threat to the U.S., and authorizing an standards for those State, local, and re- achieved a balanced proposal that gives electronic travel authorization system gional fusion centers that will be tied most of the money out based on risk which would require travelers to apply to the allocation of homeland security but still recognizes there is risk in this in advance for authorization to visit grants. new post-9/11 age everywhere and that America, thus allowing their names to While preserving the authority of in an all-hazards approach, first re- be checked against terrorist watch State and local governments over fu- sponders everywhere need to be as- lists well before they board airplanes. sion centers, this legislation, S. 4, re- sisted to protect their citizens not just I note Senator COLLINS is on the floor quires DHS, the Department of Home- from a potential terrorist attack but of the Senate, our ranking member. I land Security, to provide essential ele- from the consequences of a natural dis- am going to yield to her in a few min- ments of support and coordination to aster. utes. But she has considerably the centers. It authorizes the assign- Interoperable communications: We strengthened this section of the bill to ment of homeland security intelligence have known for decades we needed to protect America from people with the analysts to the centers to lend their improve communications operability intent to harm us through acts of ter- expertise and to serve as a channel for and interoperability at the different rorism using this visa waiver program. information to and from the Federal levels of Government. Yet tragically Next, privacy and civil liberties: This Government. It also creates a program the inability of fire and police to com- legislation also makes important steps for State, local, and tribal officials to municate with one another at the forward to ensure that as we fight ter- spend time at the Department of World Trade Center after the attacks rorism, we do not trample on the rights Homeland Security’s Office of Intel- of 9/11 cost lives. That is a painful fact. of Americans we are pledged to defend. ligence and Analysis to learn about its Hurricane Katrina showed us once The legislation includes provisions intelligence information sharing func- again how important it is to have com- very similar to those included in the tions and to serve as a link to the munications that can both survive the Senate-passed version of the Terrorism State and local governments. initial disaster and have the capabili- Prevention Act with regard to the Pri- This legislation also will strengthen ties to allow different first responding vacy and Civil Liberties Board. the information sharing environment agencies to talk to each other by shar- I now move on to biosurveillance. which we created in the 2004 legisla- ing voice as well as data communica- The legislation enhances sharing of tion. It will enhance the authority of tions. critical information by authorizing and the Program Manager for that environ- Under this grant program, States improving upon an existing effort with- ment by allowing the issuance of Gov- would be required to demonstrate that in the Department of Homeland Secu- ernment-wide standards whereby all the grants they are applying for and re- rity to establish a National Biosurveil- agencies of the Federal Government ceive would be used in a way that is lance Integration Center. would be required to operate under the consistent with their statewide com- Next, private sector preparedness: same rules and guidelines and would munications interoperability plans and The 9/11 Commission found that the not be permitted to conceal informa- the National Emergency Communica- private sector remains largely unpre- tion. tions Plan. In other words, this is not pared and that ignoring private sector The legislation, S. 4, would encour- going to be just ad hoc proposals from preparedness could come at a huge cost age the elimination of principles such every first responder for some money because so much infrastructure, so as ‘‘need to know’’ which allow the to use as he or she desires for their vi- many targets of terrorists are in pri- holder of information in a given Fed- sion of interoperability. It has to be vate hands. To address this critical eral agency to control its dissemina- part of a statewide plan connected to problem, S. 4 will promote private sec- tion to other governmental agencies the national plan. tor preparedness, without a mandate, and, thus, act as a bureaucratic barrier The States receiving the money by creating a voluntary certification to effective information sharing. We, would be required to pass at least 80 program that will allow private sector instead, aim to encourage, through this percent of the total amount of the entities to become certified as being in legislation, the development of a ‘‘need grants they receive on to local and compliance with recommended na- to share information’’ culture in which tribal governments. The legislation au- tional preparedness standards. This is information is made available—with thorizes $400 million for interoper- an important step forward and will appropriate safeguards, of course—to ability improvements—lifesaving, in quite sensibly promote, for instance, all who could make use of it in the war my opinion—in 2008; $500 million in evacuation plans and steps beyond against terror. 2009; $600 million in 2010; $800 million in that. Let me go now to homeland security 2011; and $1 billion in 2012. The legislation also strengthens pri- grants. This legislation will enhance Let me go on to terrorist travel. The vate sector preparedness by requiring homeland security grants to State and legislation contains provisions to im- that the Department of Homeland Se- local governments and first responders. prove our ability to disrupt terrorists’ curity establish and report on a list of

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4657 critical infrastructure across the Na- families of those who were lost on 9/11 The assistant legislative clerk pro- tion that would cause catastrophic have that we act in a way on their be- ceeded to call the roll. damage if disrupted, or destroyed. This half and on behalf of all the American Ms. COLLINS. Madam President, I will strengthen and clarify what is a people to be able to say we have done ask unanimous consent that the order murky process right now and will focus everything possible to make sure no for the quorum call be rescinded. our attention on protecting those parts other Americans suffer the tragic pain The PRESIDING OFFICER. Without of critical infrastructure. and continuing loss that these Amer- objection, it is so ordered. Our legislation also improves upon ican heroes suffered when their loved Ms. COLLINS. Madam President, I the existing National Strategy for ones’ lives were ended in the brutal ter- rise to support S. 4, the Improving Transportation Security by ensuring rorist attacks of 9/11. America’s Security Act of 2007. This that risk-based priorities identified by I have a sense of urgency about this legislation would strengthen our home- the Department are based on the risk bill. I believe every day we do not do land security and would do so in the assessments conducted by the Depart- some of the things this bill would en- spirit that shaped the recommenda- ment. able and establish and support finan- tions of the 9/11 Commission. The legislation also requires the cially is another day in which we are As my colleague and friend Senator President and Congress to publicly dis- not as secure at home as we should be. LIEBERMAN has already indicated, the close the total amounts of appropria- This is the carrying out of the first Committee on Homeland Security tions requested, authorized, and ulti- constitutional responsibility we have voted unanimously on February 15 to mately appropriated for the American to ensure domestic tranquility and pro- report this bill. The bill before us is the intelligence community. This responds vide for the common defense, to do so product of careful collaboration among directly to a recommendation of the in a way that those who wrote the Con- members of our committee; State, 9/11 Commission and will improve stitution could never have dreamed we local, and tribal governments; emer- Congress’s ability to oversee the con- would have to do. But that is the world gency response providers; the private duct and progress of our intelligence we live in today. That is the reality we sector; the Administration, particu- agencies creating standards of account- must face. This is the action we must larly the Department of Homeland Se- ability. summon and carry out together to dis- curity; and other stakeholders. This I stress, this is the bottom line of the patch our responsibility. collaboration has produced legislation budget: to give Members of Congress Madam President, in the preface to that builds on the work of the Home- and the American people an idea of the 9/11 Report, Chairman Kean and land Security Committee over the last how much we are investing in intel- Vice Chairman Hamilton wrote: 3 years. During that time, the com- ligence to protect their security and We hope our report will encourage our fel- mittee has produced numerous bills give us some sense of the account- low citizens to study, reflect—and act. implementing the recommendations of ability that we should apply to the in- Well, we have studied and we have re- the 9/11 Commission and otherwise telligence community in delivering flected. Now is the time, once again, to strengthening our homeland security. that funding. act to build a safer and more secure This bill helps to complete the picture. TSA screeners: This will be debated America for the generations to come. The vast majority of the 9/11 Com- at some length, I am sure. The legisla- I look forward to a good, spirited de- mission’s recommendations were en- tion includes a provision which I was bate. I hope when we are done, the bill acted in 2004 as part of the Intelligence pleased to cosponsor with the occupant will be even stronger than it is today. Reform and Terrorism Prevention Act. of the Chair, Senator MCCASKILL from We will start tomorrow. I urge my col- There were, however, some rec- Missouri, which will ensure that leagues to come to the floor, even this ommendations that did not make it screeners at the Transportation Secu- afternoon, to file amendments because through the process or were not incor- rity Administration—with whom we Senator COLLINS and I would like, when porated into that bill, and those are re- have become very familiar as we come we move to this bill tomorrow morn- flected in the legislation before us. and go from airports—have the same ing—having carried out our managers’ The Intelligence Reform Act was a employment rights as others in TSA responsibility to make opening state- bipartisan effort by the Homeland Se- and the Department of Homeland Secu- ments—to move right to the amend- curity Committee, and it made possible rity. There is no good reason to deny ments. the most significant reforms in the these rights to these people. We are I thank the Chair. structure and operations of our intel- only applying to them the same rights I think Senator COLLINS was called ligence community in more than 50 as other people within TSA and others from the Senate floor momentarily, years—in fact, since the CIA was cre- in law enforcement in the Department but I know she will be back before I ated after World War II. Indeed, ap- of Homeland Security have, with no yield. proximately 39 of the 9/11 Commission’s negative effect on their performance of Madam President, the consent re- 41 recommendations have been acted those responsibilities. quest I am about to propound has been on in one form or another. More re- Madam President, as you can see, cleared on both sides. cently, Congress passed measures that this is a very comprehensive bill. I I ask unanimous consent that fol- greatly strengthen the protections for have not touched on many parts of it lowing morning business on Wednes- America’s cargo ports and its chemical in this statement. I have tried to focus day, February 28, the Senate proceed to facilities—again addressing vulne- on the most important. What I am con- the consideration of Calendar No. 57, S. rabilities highlighted in the Commis- vinced of is that if this bill passes and 4, the 9/11 Commission recommenda- sion’s report and by other experts on becomes law, the American people will tions legislation. terrorism. So during the past 3 years, be safer from both terrorism and the The PRESIDING OFFICER. Is there in fact, a great deal has been done to consequences of natural disasters, such objection? help make our Nation more secure and as Hurricane Katrina, than they are Without objection, it is so ordered. to improve our defenses and capacity today. Mr. LIEBERMAN. Madam President, to respond to terrorism attacks. All of the hard work of the com- on behalf of the leader, I am happy to The Homeland Security Committee mittee members, including particu- announce there will be no further roll- also conducted a comprehensive, bipar- larly my ranking member, Senator call votes today. I know Senator COL- tisan investigation of the Federal, COLLINS, gives me some sense of con- LINS will return soon and make her State, and local preparation for and re- fidence, along with the work done by opening statement on the bill. sponse to Hurricane Katrina, our coun- our staffs on both sides of the aisle, I thank the Chair very much, and I try’s first real test of its homeland se- that this bill really will achieve the suggest the absence of a quorum. curity apparatus since the attacks on goals the 9/11 Commission stated in The PRESIDING OFFICER. The September 11 of 2001. Our investigation their report and the hopes that the clerk will call the roll. found significant failures in emergency

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4658 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 27, 2007 planning, preparation, and response at sible change. The Department’s eligi- cises, encourages an effective and consistent all levels of government. As a result, bility criteria for UASI grant applica- response to any threatened or actual disaster we issued a comprehensive report that tions has been, to say the least, arbi- or emergency regardless of the cause. summarized our investigation. Our in- trary and controversial. For that rea- This view is consistent with the ex- vestigation included 24 public hearings, son, our bill would expand the poten- pert testimony before the Homeland interviews of more than 400 people, and tial pool of applicants beyond the cur- Security Committee during our inves- the review of literally hundreds of rent limit of 45. Instead of requiring tigation of the failed response to Hurri- thousands of investigations. It also in- the Department to select which cities cane Katrina. cluded the issuance of subpoenas be- are eligible to apply, S. 4 would ex- Now, some people have suggested cause we wanted to make sure we had pressly permit the largest 100 metro- that guaranteeing minimum funding access to all the information we need- politan areas to make their case for for State and local preparedness is just ed. As a result of this investigation, funding. another example of pork barrel poli- the committee issued a detailed report Unfortunately, terrorist attacks do tics. These people could not be more and drafted legislation based on those not respect city limits. A major attack mistaken. As the Rand Corporation recommendations. That legislation was could affect—or at least require—re- noted in a 2004 report on the prepared- incorporated into the Homeland Secu- sponses from many neighboring or re- ness of State and local law enforce- ment after the terrorist attacks of Sep- rity appropriations bill which the gional jurisdictions. We also know that tember 11, 2001: President signed into law last year. when we take a more regional ap- The FEMA Reform Act built upon proach, we have a more effective re- Homeland security experts and first re- the 9/11 Commission recommendations sponders have cautioned against an over- sponse. Our bill raises funding for the emphasis on improving the preparedness of already enacted by reforming the State Homeland Security Grant Pro- large cities to the exclusion of smaller com- structure of FEMA, enhancing its re- gram to $913 million from the $525 mil- munities or rural areas. gional role throughout the country, lion appropriated in fiscal year 2007. Again, I make the point that we need and giving FEMA a primary place This funding increase would also cor- to bring up all areas to a certain base- within the Federal Government for rect a serious deficiency in the pro- line level of preparedness. That doesn’t planning, training, and exercising with posed budget for fiscal year 2008. Unfor- mean we don’t factor in risk; we do. In- State and local officials. tunately, the administration is calling deed, the majority of the funds in this As reported by the Homeland Secu- for only $250 million for this important bill would be allocated based on risk, rity Committee then, S. 4 builds upon program. As with the UASI grants, and we provide more risk-based funding our past successes. The legislation be- each State would receive funding on than is the case in current law. fore the Senate would authorize a com- the basis of risk but with a minimum The RAND report went on to recog- prehensive homeland security grant award of 0.45 percent of the program nize that much of our Nation’s infra- program. It includes four vital grant funds. This will, once again, ensure a structure and potential high-value tar- programs to assist State, local, and baseline level of preparedness and re- gets are located in rural areas. We also tribal governments in safeguarding our sponse activities across the country. cannot assume a precise calculation of lives and properties in all catastrophes, Hurricane Katrina illustrated that risk. A Federal building in Oklahoma whether natural or manmade. Taken many of the actions required to re- City was not an obvious target for a together, these four grant programs— spond to terrorist attacks are identical terrorist bombing. Yet, we know a the Urban Area Security Initiative, the to those required for natural disasters. tragic attack occurred in that city. State Homeland Security Grant Pro- That is precisely why S. 4 would ex- Rural flight schools were not obvious gram, the Emergency Management pand the emergency management per- training grounds for hijackers, nor was Performance Grant Program, and the formance grants. The EMPG has been a the Portland, ME, jetport an obvious Emergency Communications and Inter- vital part of our national preparedness departure point for terrorist pilots as operability Grant Program—will en- for years. Our bill seeks to increase its they began their journey of death and sure significant and predictable Fed- stature and importance by providing destruction on September 11. eral funding for our State and local more funding and by authorizing My point is that terrorists can shel- partners. States to use EMPG funds to construct ter, train, recruit, prepare, or attack in The program will support error-pre- and enhance emergency operation cen- unlikely places. In view of this cold re- vention activities such as fusion cen- ters. The EMPG emphasizes all-hazards ality, our bill requires that at least 25 ters, all-hazards planning, training ex- preparation, and the .75 percent min- percent of the funding from the UASI ercises, and the installation of reliable imum allocation and the population- and State homeland security grant pro- interoperable emergency communica- based distribution of the remainder en- grams—that is at least $548 million—be tions systems. The bill will help to sures that every State will receive as- used for terrorism prevention activities strengthen emergency preparedness sistance with planning, training, and by law enforcement agencies. and response. It also strikes the right exercises for vital functions such as Sometimes I think we forget the balance between targeting funding to evacuation, logistics, continuity of op- basic truth that if we can prevent a jurisdictions the Department deter- erations of government, and recovery. terrorist attack from happening in the mines to be at the highest risk and en- Those are skills which all States need first place, that is the best possible ap- suring a baseline of adequate funding to develop. Those are minimal levels of proach. We do need to be prepared to for prevention and preparedness across preparedness and response essential for respond effectively, but how much bet- the country because we know that our every State. Every State has the po- ter if we can detect and interdict the Nation’s homeland security is only as tential for either a natural disaster or attack before it occurs. We know from strong as its weakest link. a terrorist attack or some other catas- experience here, as well as in other Let me comment in more detail on trophe or emergency. That is why it is countries, that terrorists can be spot- these programs. With respect to the important we develop that capacity in ted and attacks intercepted by well- Urban Area Security Initiative, also every State. trained local police. The prevention of known as UASI, the bill retains the It is important for me to emphasize attacks through better policing must current practice directing the Sec- that S. 4 does not change EMPG’s allo- be a focus of our grant programs. The retary of Homeland Security to award cation formula; it merely codifies ex- last grant program our bill creates is grants based solely on risk of terrorist isting practice. The EMPG is basic in- an emergency communications and attacks. Clearly, our largest urban surance. As the DHS manual for the interoperability grants program. These areas present attractive, high-value program observes: grants will help to close the alarming targets to terrorists. Our legislation, An all hazards approach to preparedness, and persistent gaps in our first re- the Lieberman-Collins legislation, rec- including the development of a comprehen- sponders’ ability to simply commu- ognizes that fact, but it makes one sen- sive program of planning, training, and exer- nicate with one another. As the tragic

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4659 events of 9/11 and Hurricane Katrina time when the needs are so great for tims of 9/11. They have worked with demonstrated, this is often not the equipment, for training, and for more Senator LIEBERMAN and me every step case. preparedness to strengthen our home- of the way when we were drafting the Before the second tower of the World land security, it was very disturbing to Intelligence Reform and Terrorist Pre- Trade Center collapsed on 9/11, the po- hear the GAO testify that money had vention Act in 2004. They were our in- lice received a radio message to evac- been wasted. spiration and they kept us going. They uate, but, tragically, the firefighters Let me give you a couple of exam- ensured that the bill got through to never received that message because ples. In the District of Columbia—yes, the President’s desk and signed into they used different radios and an in- right here in Washington, DC, surely a law. They have continued to work with compatible frequency. The result was high-risk area, an area attacked on us on the bill before us today. I want to even more loss of lives. In the imme- 9/11—we found that leather jackets publicly thank them for their effort. diate aftermath of Hurricane Katrina, were purchased for the local police They inspired our work. the first responders resorted to the use using homeland security grant money. Our legislation’s broad-front attack of runners to carry messages by hand In Newark, NJ, homeland security on the threats we face will ensure good from one command center to another funds were used to purchase air-condi- value for every dollar our Nation because the communications infra- tioned garbage trucks. This is totally spends to improve our defenses at the structure was so badly damaged. Well, inexcusable, when we have such great Federal and State and local levels. It the events of the magnitude of 9/11 or needs for new communications equip- will provide appropriate transparency Hurricane Katrina, fortunately, do not ment, for training and exercises, and and accountability into the Govern- occur every day. There are daily inci- for help for our first responders. We ment’s security decisions, and it will dents, such as fires, rescues, and haz- simply cannot afford to have money strike an appropriate balance between ardous material spills that require dif- frittered away. It is outrageous. increased security and our cherished ferent agencies and different jurisdic- Our bill would help to eliminate civil liberties. The passage of this bill tions to communicate with one another those abuses. It would strictly prohibit will benefit every American. in real time and on demand. This is the use of grant funds on items that Let me close by saying I am certain precisely why the emergency commu- don’t relate to securing our homeland. this bill will be improved even further It requires States to have an approved nications grants program is so impor- as we proceed with the deliberations plan and for funds to be allocated, dis- tant. this week. I do not support every single tributed, and spent according to that I will tell you it was very disturbing provision in this bill. But on balance, it plan, and to achieve certain baseline to hear, during our investigation of is yet another step forward as we seek preparedness goals. It requires DHS to Hurricane Katrina, the same kinds of to protect the American people. set minimum performance standards interoperability problems that oc- Madam President, I suggest the ab- for agency grants, and it provides for curred during 9/11. This is a problem we sence of a quorum. simply must solve. audits to ensure accountability. I know that last safeguard is near The PRESIDING OFFICER. The Let me comment on some other im- clerk will call the roll. portant features of the bill. It improves and dear to the Presiding Officer’s heart and that she understands, per- The assistant legislative clerk pro- protection against terrorists traveling ceeded to call the roll. to our country under the visa waiver haps better than anyone in this body, the importance of regular, thorough, Mr. DURBIN. Mr. President, I ask program by requiring more timely no- unanimous consent that the order for tice from participating countries of and timely audits. Madam President, I acknowledge the the quorum call be rescinded. lost or stolen passports. It also re- work of Senator COBURN, and many The PRESIDING OFFICER (Mr. quires those countries to share more other members of our committee, to SALAZAR). Without objection, it is so information about travelers who could strengthen the provisions of our bill. I ordered. pose a threat to our security. The bill offered an amendment to make sure f improves information sharing, estab- that homeland security funds were not lishes multijurisdiction fusion centers used for social or recreational pur- MORNING BUSINESS in order to encourage information to be poses. In short, I think we have tight- shared, and allows the assignment of Mr. DURBIN. Mr. President, I ask ened up the safeguards and put new unanimous consent that there now be a DHS intelligence analysts to those cen- measures in to ensure accountability. ters. The bill expands upon a require- period for the transaction of morning I mentioned earlier that our bill pro- business, with Senators permitted to ment in the Homeland Security Act by ceeds in the spirit of the 9/11 Commis- requiring DHS to create a prioritized speak therein for up to 10 minutes sion; its provisions for increased and each. list of critical infrastructure and high- more effective information sharing, for est risks for terrorist attacks and The PRESIDING OFFICER. Without strengthening the privacy and civil lib- objection, it is so ordered. other disasters. This list will help pro- erties oversight board, and for dis- tect these critical assets from attacks closing the total sums requested, au- f and enable more effective response thorized, and appropriated for intel- when disaster strikes. ligence programs all testified to that APPROPRIATIONS COMMITTEE ON The bill also requires that risk as- amendment. RULES OF PROCEDURE sessments be completed for each sector There are many provisions of the bill Mr. BYRD. Mr. President, pursuant of the economy. Recognizing the need reported by the Homeland Security to rule XXVI, paragraph 2, of the to exercise good stewardship of our Committee that will improve our secu- Standing Rules of the Senate, I ask taxpayers’ money, our bill also in- rity in other ways. I want to note once unanimous consent to have the at- cludes strong protections against again, however, that this bill is not a tached rules and subcommittee mem- waste, fraud, and abuse. By now, we sudden, new, or unusual manifestation berships for the 110th Congress printed have all heard the disturbing stories of of congressional determination to in the CONGRESSIONAL RECORD. misspent homeland security grants. In strengthen our security. The bill before There being no objection, the mate- fact, when I was chairman of the us today continues the work of Con- rial was ordered to be printed in the Homeland Security Committee, we gress in taking proper notice of the 9/11 RECORD, as follows: held hearings looking at how homeland Commission’s recommendations. I am SUBCOMMITTEES security grants have been spent in proud to be part of the bipartisan delib- Senator Byrd, as chairman of the Com- some States. Along with Senator LIE- erations that shaped this bill, and I mittee, and Senator Cochran, as ranking mi- BERMAN, I asked the GAO to do an in- urge all of my colleagues to support it. nority member of the Committee, are ex offi- vestigation into this area, and GAO I want to also acknowledge the tire- cio members of all subcommittees of which testified before our committee. At a less efforts of the families of the vic- they are not regular members.

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AGRICULTURE, RURAL DEVELOPMENT, FOOD AND 2. Other business. For the purpose of GRESSIONAL RECORD for the 110th Con- DRUG ADMINISTRATION, AND RELATED AGENCIES transacting business other than reporting a gress. The committee rules for the Senators Kohl, Harkin, Dorgan, Feinstein, bill or taking testimony, one-third of the 110th Congress are identical to the Durbin, Johnson, Nelson, Reed, Bennett, members of the Committee shall constitute rules adopted by the committee for the a quorum. Cochran, Specter, Bond, McConnell, Craig, 109th Congress. Brownback. (8–7) 3. Taking testimony. For the purpose of taking testimony, other than sworn testi- There being no objection, the mate- COMMERCE, JUSTICE, SCIENCE, AND RELATED mony, by the Committee or any sub- rial was ordered to be printed in the AGENCIES committee, one member of the Committee or RECORD, as follows: Senators Mikulski, Inouye, Leahy, Kohl, subcommittee shall constitute a quorum. RULES OF THE SELECT COMMITTEE ON Harkin, Dorgan, Feinstein, Reed, Lauten- For the purpose of taking sworn testimony ETHICS berg, Shelby, Gregg, Stevens, Domenici, by the Committee, three members shall con- PART I: ORGANIC AUTHORITY McConnell, Hutchison, Brownback, Alex- stitute a quorum, and for the taking of SUBPART A—S. RES. 338 AS AMENDED ander. (9–8) sworn testimony by any subcommittee, one DEPARTMENT OF DEFENSE member shall constitute a quorum. Resolved, That (a) there is hereby estab- lished a permanent select committee of the Senators Inouye, Byrd, Leahy, Harkin, III. PROXIES Dorgan, Durbin, Feinstein, Mikulski, Kohl, Senate to be known as the Select Committee Except for the reporting of a bill, votes Murray, Stevens, Cochran, Specter, Domen- on Ethics (referred to hereinafter as the ‘‘Se- may be cast by proxy when any member so ici, Bond, McConnell, Shelby, Gregg, lect Committee’’) consisting of six Members requests. Hutchison. (10–9) of the Senate, of whom three shall be se- IV. ATTENDANCE OF STAFF MEMBERS AT CLOSED lected from members of the majority party ENERGY AND WATER DEVELOPMENT SESSIONS and three shall be selected from members of Senators Dorgan, Byrd, Murray, Feinstein, Attendance of staff members at closed ses- the minority party. Members thereof shall be Johnson, Landrieu, Inouye, Reed, Lauten- sions of the Committee shall be limited to appointed by the Senate in accordance with berg, Domenici, Cochran, McConnell, Ben- those members of the Committee staff who the provisions of Paragraph 1 of rule XXIV of nett, Craig, Bond, Hutchison, Allard. (9–8) have a responsibility associated with the the Standing Rules of the Senate at the be- FINANCIAL SERVICES AND GENERAL matter being considered at such meeting. ginning of each Congress. For purposes of GOVERNMENT This rule may be waived by unanimous con- paragraph 4 of rule XXV of the Standing Senators Durbin, Murray, Landrieu, Lau- sent. Rules of the Senate, service of a Senator as a member or chairman of the Select Com- tenberg, Nelson, Brownback, Bond, Shelby, V. BROADCASTING AND PHOTOGRAPHING OF Allard. (5–4) mittee shall not be taken into account. COMMITTEE HEARINGS (b) Vacancies in the membership of the Se- DEPARTMENT OF HOMELAND SECURITY The Committee or any of its subcommit- lect Committee shall not affect the author- Senators Byrd, Inouye, Leahy, Mikulski, tees may permit the photographing and ity of the remaining members to execute the Kohl, Murray, Landrieu, Lautenberg, Nelson, broadcast of open hearings by television and/ functions of the committee, and shall be Cochran, Gregg, Stevens, Specter, Domenici, or radio. However, if any member of a sub- filled in the same manner as original ap- Shelby, Craig, Alexander. (9–8) committee objects to the photographing or pointments thereto are made. DEPARTMENT OF THE INTERIOR, ENVIRONMENT, broadcasting of an open hearing, the ques- (c) (1) A majority of the members of the AND RELATED AGENCIES tion shall be referred to the full Committee Select Committee shall constitute a quorum Senators Feinstein, Byrd, Leahy, Dorgan, for its decision. for the transaction of business involving Mikulski, Kohl, Johnson, Reed, Nelson, VI. AVAILABILITY OF SUBCOMMITTEE REPORTS complaints or allegations of, or information Craig, Stevens, Cochran, Domenici, Bennett, To the extent possible, when the bill and about, misconduct, including resulting pre- Gregg, Allard, Alexander. (9–8) report of any subcommittee are available, liminary inquiries, adjudicatory reviews, recommendations or reports, and matters re- DEPARTMENTS OF LABOR, HEALTH AND HUMAN they shall be furnished to each member of lating to Senate Resolution 400, agreed to SERVICES, AND EDUCATION, AND RELATED the Committee thirty-six hours prior to the May 19, 1976. AGENCIES Committee’s consideration of said bill and (2) Three members shall constitute a report. Senators Harkin, Inouye, Kohl, Murray, quorum for the transaction of routine busi- Landrieu, Durbin, Reed, Lautenberg, Spec- VII. AMENDMENTS AND REPORT LANGUAGE ness of the Select Committee not covered by ter, Cochran, Gregg, Craig, Hutchison, Ste- To the extent possible, amendments and the first paragraph of this subparagraph, in- vens, Shelby. (8–7) report language intended to be proposed by cluding requests for opinions and interpreta- LEGISLATIVE BRANCH Senators at full Committee markups shall be tions concerning the Code of Official Con- Senators Landrieu, Durbin, Nelson, Allard, provided in writing to the Chairman and duct or any other statute or regulation Alexander. (3–2) Ranking Minority Member and the appro- under the jurisdiction of the Select Com- MILITARY CONSTRUCTION AND VETERANS priate Subcommittee Chairman and Ranking mittee, if one member of the quorum is a AFFAIRS, AND RELATED AGENCIES Minority Member twenty-four hours prior to member of the majority Party and one mem- such markups. ber of the quorum is a member of the minor- Senators Johnson, Inouye, Landrieu, Byrd, ity Party. During the transaction of routine Murray, Reed, Nelson, Hutchison, Craig, VIII. POINTS OF ORDER business any member of the Select Com- Brownback, Allard, McConnell, Bennett. (7– Any member of the Committee who is floor mittee constituting the quorum shall have 6) manager of an appropriations bill, is hereby the right to postpone further discussion of a authorized to make points of order against STATE, FOREIGN OPERATIONS, AND RELATED pending matter until such time as a major- any amendment offered in violation of the PROGRAMS ity of the members of the Select Committee Senate Rules on the floor of the Senate to Senators Leahy, Inouye, Harkin, Mikulski, are present. such appropriations bill. Durbin, Johnson, Landrieu, Reed, Gregg, (3) The Select Committee may fix a lesser McConnell, Specter, Bennett, Bond, Brown- IX. EX OFFICIO MEMBERSHIP number as a quorum for the purpose of tak- back, Alexander. (8–7) The Chairman and Ranking Minority Mem- ing sworn testimony. TRANSPORTATION AND HOUSING AND URBAN ber of the full Committee are ex officio mem- (d)(1) A member of the Select Committee DEVELOPMENT, AND RELATED AGENCIES bers of all subcommittees of which they are shall be ineligible to participate in— (A) any preliminary inquiry or adjudica- Senators Murray, Byrd, Mikulski, Kohl, not regular members but shall have no vote tory review relating to— Durbin, Dorgan, Leahy, Harkin, Feinstein, in the subcommittee and shall not be count- ed for purposes of determining a quorum. (i) the conduct of— Johnson, Lautenberg, Bond, Shelby, Specter, (I) such member; Bennett, Hutchison, Brownback, Stevens, f (II) any officer or employee the member Domenici, Alexander, Allard. (11–10) SELECT COMMITTEE ON ETHICS supervises; or SENATE APPROPRIATIONS COMMITTEE RULES— (III) any employee of any officer the mem- 110TH CONGRESS RULES OF PROCEDURE ber supervises; or I. MEETINGS Mrs. BOXER. Mr. President, in ac- (ii) any complaint filed by the member; and The Committee will meet at the call of the cordance with rule XXVI(2) of the (B) the determinations and recommenda- Chairman. Standing Rules of the Senate, I ask tions of the Select Committee with respect II. QUORUMS that the Rules of Procedure of the Se- to any preliminary inquiry or adjudicatory 1. Reporting a bill. A majority of the mem- lect Committee on Ethics, which were review described in subparagraph (A). bers must be present for the reporting of a adopted February 23, 1978, and revised For purposes of this paragraph, a member bill. November 1999, be printed in the CON- of the Select Committee and an officer of the

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4661 Senate shall be deemed to supervise any offi- proper standards of conduct by Members of The Select Committee may delegate to the cer or employee consistent with the provi- the Senate, and by officers or employees of chairman and vice chairman the authority, sion of paragraph 12 of rule XXXVII of the the Senate, in the performance of their du- on behalf of the Select Committee, to dis- Standing Rules of the Senate. ties and the discharge of their responsibil- miss any matter that they determine, after a (2) A member of the Select Committee ities; preliminary inquiry, lacks substantial merit. may, at the discretion of the member, dis- (6) by a majority vote of the full com- The Select Committee shall inform the indi- qualify himself or herself from participating mittee, report violations of any law, includ- vidual who provided to the Select Committee in any preliminary inquiry or adjudicatory ing the provision of false information to the the complaint, allegation, or information, review pending before the Select Committee Select Committee, to the proper Federal and and the individual who is the subject of the and the determinations and recommenda- State authorities; and complaint, allegation, or information, of the tions of the Select Committee with respect (7) develop and implement programs and dismissal, together with an explanation of to any such preliminary inquiry or adjudica- materials designed to educate Members, offi- the basis for the dismissal. tory review. Notice of such disqualification cers, and employees about the laws, rules, (3) If, as a result of a preliminary inquiry shall be given in writing to the President of regulations, and standards of conduct appli- under paragraph (1), the Select Committee the Senate. cable to such individuals in the performance determines that a violation is inadvertent, (3) Whenever any member of the Select of their duties. technical, or otherwise of a de minimis na- Committee is ineligible under paragraph (1) (b) For the purposes of this resolution— ture, the Select Committee may dispose of to participate in any preliminary inquiry or (1) the term ‘‘sworn complaint’’ means a the matter by issuing a public or private let- adjudicatory review or disqualifies himself written statement of facts, submitted under ter of admonition, which shall not be consid- or herself under paragraph (2) from partici- penalty of perjury, within the personal ered discipline. The Select Committee may pating in any preliminary inquiry or adju- knowledge of the complainant alleging a vio- issue a public letter of admonition upon a dicatory review, another Senator shall, sub- lation of law, the Senate Code of Official similar determination at the conclusion of ject to the provisions of subsection (d), be Conduct, or any other rule or regulation of an adjudicatory review. (4) If, as a result of a preliminary inquiry appointed to serve as a member of the Select the Senate relating to the conduct of indi- under paragraph (1), the Select Committee Committee solely for purposes of such pre- viduals in the performance of their duties as determines that there is such substantial liminary inquiry or adjudicatory review and Members, officers, or employees of the Sen- credible evidence and the matter cannot be the determinations and recommendations of ate; appropriately disposed of under paragraph the Select Committee with respect to such (2) the term ‘‘preliminary inquiry’’ means (3), the Select Committee shall promptly ini- preliminary inquiry or adjudicatory review. a proceeding undertaken by the Select Com- tiate an adjudicatory review. Upon the con- Any Member of the Senate appointed for mittee following the receipt of a complaint clusion of such adjudicatory review, the Se- such purposes shall be of the same party as or allegation of, or information about, mis- lect Committee shall report to the Senate, as the Member who is ineligible or disqualifies conduct by a Member, officer, or employee of soon as practicable, the results of such adju- himself or herself. the Senate to determine whether there is dicatory review, together with its rec- Sec. 2. (a) It shall be the duty of the Select substantial credible evidence which provides ommendations (if any) pursuant to sub- Committee to— substantial cause for the Select Committee section (a)(2). (1) receive complaints and investigate alle- to conclude that a violation within the juris- (e)(1) Any individual who is the subject of gations of improper conduct which may re- diction of the Select Committee has oc- a reprimand or order of restitution, or both, flect upon the Senate, violations of law, vio- curred; and pursuant to subsection (a)(3) may, within 30 lations of the Senate Code of Official Con- (3) the term ‘‘adjudicatory review’’ means days of the Select Committee’s report to the duct and violations of rules and regulations a proceeding undertaken by the Select Com- Senate of its action imposing a reprimand or of the Senate, relating to the conduct of in- mittee after a finding, on the basis of a pre- order of restitution, or both, appeal to the dividuals in the performance of their duties liminary inquiry, that there is substantial Senate by providing written notice of the as Members of the Senate, or as officers or credible evidence which provides substantial basis for the appeal to the Select Committee employees of the Senate, and to make appro- cause for the Select Committee to conclude and the presiding officer of the Senate. The priate findings of fact and conclusions with that a violation within the jurisdiction of presiding officer of the Senate shall cause respect thereto; the Select Committee has occurred. the notice of the appeal to be printed in the (2)(A) recommend to the Senate by report (c)(1) No— Congressional Record and the Senate Jour- or resolution by a majority vote of the full (A) adjudicatory review of conduct of a nal. committee disciplinary action to be taken Member or officer of the Senate may be con- (2) A motion to proceed to consideration of with respect to such violations which the Se- ducted; an appeal pursuant to paragraph (1) shall be lect Committee shall determine, after ac- (B) report, resolution, or recommendation highly privileged and not debatable. If the cording to the individual concerned due no- relating to such an adjudicatory review of motion to proceed to consideration of the ap- tice and opportunity for a hearing, to have conduct may be made; and peal is agreed to, the appeal shall be decided occurred; (C) letter of admonition pursuant to sub- on the basis of the Select Committee’s report (B) pursuant to subparagraph (A) rec- section (d)(3) may be issued, unless approved to the Senate. Debate on the appeal shall be ommend discipline, including— by the affirmative recorded vote of no fewer limited to 10 hours, which shall be divided (i) in the case of a Member, a recommenda- than 4 members of the Select Committee. equally between, and controlled by, those fa- tion to the Senate for expulsion, censure, (2) No other resolution, report, rec- voring and those opposing the appeal. payment of restitution, recommendation to ommendation, interpretative ruling, or advi- (f) The Select Committee may, in its dis- a Member’s party conference regarding the sory opinion may be made without an affirm- cretion, employ hearing examiners to hear Member’s seniority or positions of responsi- ative vote of a majority of the Members of testimony and make findings of fact and/or bility, or a combination of these; and the Select Committee voting. recommendations to the Select Committee (ii) in the case of an officer or employee, (d)(1) When the Select Committee receives concerning the disposition of complaints. dismissal, suspension, payment of restitu- a sworn complaint or other allegation or in- (g) Notwithstanding any other provision of tion, or a combination of these; formation about a Member, officer, or em- this section, no adjudicatory review shall be (3) subject to the provisions of subsection ployee of the Senate, it shall promptly con- initiated of any alleged violation of any law, (e), by a unanimous vote of 6 members, order duct a preliminary inquiry into matters the Senate Code of Official Conduct, rule, or that a Member, officer, or employee be rep- raised by that complaint, allegation, or in- regulation which was not in effect at the rimanded or pay restitution, or both, if the formation. The preliminary inquiry shall be time the alleged violation occurred. No pro- Select Committee determines, after accord- of duration and scope necessary to determine visions of the Senate Code of Official Con- ing to the Member, officer, or employee due whether there is substantial credible evi- duct shall apply to or require disclosure of notice and opportunity for a hearing, that dence which provides substantial cause for any act, relationship, or transaction which misconduct occurred warranting discipline the Select Committee to conclude that a vio- occurred prior to the effective date of the ap- less serious than discipline by the full Sen- lation within the jurisdiction of the Select plicable provision of the Code. The Select ate; Committee has occurred. The Select Com- Committee may initiate an adjudicatory re- (4) in the circumstances described in sub- mittee may delegate to the chairman and view of any alleged violation of a rule or law section (d)(3), issue a public or private letter vice chairman the discretion to determine which was in effect prior to the enactment of of admonition to a Member, officer, or em- the appropriate duration, scope, and conduct the Senate Code of Official Conduct if the al- ployee, which shall not be subject to appeal of a preliminary inquiry. leged violation occurred while such rule or to the Senate; (2) If, as a result of a preliminary inquiry law was in effect and the violation was not a (5) recommend to the Senate, by report or under paragraph (1), the Select Committee matter resolved on the merits by the prede- resolution, such additional rules or regula- determines by a recorded vote that there is cessor Select Committee. tions as the Select Committee shall deter- not such substantial credible evidence, the (h) The Select Committee shall adopt writ- mine to be necessary or desirable to insure Select Committee shall dismiss the matter. ten rules setting forth procedures to be used

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4662 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 27, 2007 in conducting preliminary inquiries and ad- Code of Official Conduct, or any rule or regu- (4) an Official Reporter of Debates of the judicatory reviews. lation of the Senate within its jurisdiction. Senate and any person employed by the Offi- (i) The Select Committee from time to (3) The Select Committee shall render an cial Reporters of Debates of the Senate in time shall transmit to the Senate its rec- advisory opinion, in writing within a reason- connection with the performance of their of- ommendation as to any legislative measures able time, in response to a written request ficial duties; which it may consider to be necessary for by a Member or officer of the Senate or a (5) a Member of the Capitol Police force the effective discharge of its duties. candidate for nomination for election, or whose compensation is disbursed by the Sec- Sec. 3. (a) The Select Committee is author- election to the Senate, concerning the appli- retary of the Senate; ized to (1) make such expenditures; (2) hold cation of any law, the Senate Code of Official (6) an employee of the Vice President if such hearings; (3) sit and act at such times Conduct, or any rule or regulation of the such employee’s compensation is disbursed and places during the sessions, recesses, and Senate within its jurisdiction to a specific by the Secretary of the Senate; and adjournment periods of the Senate; (4) re- factual situation pertinent to the conduct or (7) an employee of a joint committee of the quire by subpoena or otherwise the attend- proposed conduct of the person seeking the Congress whose compensation is disbursed by ance of such witnesses and the production of advisory opinion. the Secretary of the Senate. such correspondence, books, papers, and doc- (4) The Select Committee may in its dis- SUBPART—PUBLIC LAW 93–191—FRANKED MAIL, uments; (5) administer such oaths; (6) take cretion render an advisory opinion in writing PROVISIONS RELATING TO THE SELECT COM- such testimony orally or by deposition; (7) within a reasonable time in response to a MITTEE employ and fix the compensation of a staff written request by any employee of the Sen- director, a counsel, an assistant counsel, one ate concerning the application of any law, SEC. 6. (a) The Select Committee on Stand- or more investigators, one or more hearing the Senate Code of Official Conduct, or any ards and Conduct of the Senate [NOTE: Now examiners, and such technical, clerical, and rule or regulation of the Senate within its the Select Committee on Ethics] shall pro- other assistants and consultants as it deems jurisdiction to a specific factual situation vide guidance, assistance, advice and coun- advisable; and (8) to procure the temporary pertinent to the conduct or proposed conduct sel, through advisory opinions or consulta- services (not in excess of one year) or inter- of the person seeking the advisory opinion. tions, in connection with the mailing or con- mittent services of individual consultants, or (5) Notwithstanding any provision of the templated mailing of franked mail under sec- organizations thereof, by contract as inde- Senate Code of Official Conduct or any rule tion 3210, 3211, 3212, 3218(2) or 3218, and in pendent contractors or, in the case of indi- or regulation of the Senate, any person who connection with the operation of section viduals, by employment at daily rates of relies upon any provision or finding of an ad- 3215, of title 39, United States Code, upon the compensation not in excess of the per diem visory opinion in accordance with the provi- request of any Member of the Senate or equivalent of the highest rate of compensa- sions of paragraphs (3) and (4) and who acts Member-elect, surviving spouse of any of the tion which may be paid to a regular em- in good faith in accordance with the provi- foregoing, or other Senate official, entitled ployee of the Select Committee. sions and findings of such advisory opinion to send mail as franked mail under any of (b)(1) The Select Committee is authorized shall not, as a result of any such act, be sub- those sections. The select committee shall to retain and compensate counsel not em- ject to any sanction by the Senate. prescribe regulations governing the proper ployed by the Senate (or by any department (6) Any advisory opinion rendered by the use of the franking privilege under those sec- or agency of the executive branch of the Select Committee under paragraphs (3) and tions by such persons. Government) whenever the Select Com- (4) may be relied upon by (A) any person in- (b) Any complaint filed by any person with mittee determines that the retention of out- volved in the specific transaction or activity the select committee that a violation of any side counsel is necessary or appropriate for with respect to which such advisory opinion section of title 39, United State Code, re- any action regarding any complaint or alle- is rendered: Provided, however, that the re- ferred to in subsection (a) of this section is gation, which, in the determination of the quest for such advisory opinion included a about to occur or has occurred within the Select Committee is more appropriately con- complete and accurate statement of the spe- immediately preceding period of 1 year, by ducted by counsel not employed by the Gov- cific factual situation; and, (B) any person any person referred to in such subsection (a), ernment of the United States as a regular involved in any specific transaction or activ- shall contain pertinent factual material and employee. ity which is indistinguishable in all its mate- shall conform to regulations prescribed by (2) Any adjudicatory review as defined in rial aspects from the transaction or activity the select committee. The select committee, section 2(b)(3) shall be conducted by outside with respect to which such advisory opinion if it determines there is reasonable justifica- counsel as authorized in paragraph (1), un- is rendered. tion for the complaint, shall conduct an in- less the Select Committee determines not to (7) Any advisory opinion issued in response vestigation of the matter, including an in- use outside counsel. to a request under paragraph (3) or (4) shall vestigation of reports and statements filed (c) With the prior consent of the depart- be printed in the Congressional Record with by that complainant with respect to the ment or agency concerned, the Select Com- appropriate deletions to assure the privacy matter which is the subject of the complaint. mittee may (1) utilize the services, informa- of the individual concerned. The Select Com- The committee shall afford to the person tion and facilities of any such department or mittee shall, to the extent practicable, be- who is the subject of the complaint due no- agency of the Government, and (2) employ on fore rendering an advisory opinion, provide tice and, if it determines that there is sub- a reimbursable basis or otherwise the serv- any interested party with an opportunity to stantial reason to believe that such violation ices of such personnel of any such depart- transmit written comments to the Select has occurred or is about to occur, oppor- ment or agency as it deems advisable. With Committee with respect to the request for tunity for all parties to participate in a the consent of any other committee of the such advisory opinion. The advisory opinions hearing before the select committee. The se- Senate, or any subcommittee thereof, the issued by the Select Committee shall be lect committee shall issue a written decision Select Committee may utilize the facilities compiled, indexed, reproduced, and made on each complaint under this subsection not and the services of the staff of such other available on a periodic basis. later than thirty days after such a complaint committee or subcommittee whenever the (8) A brief description of a waiver granted has been filed or, if a hearing is held, not chairman of the Select Committee deter- under paragraph 2(c) [NOTE: Now Paragraph later than thirty days after the conclusion of mines that such action is necessary and ap- 1] of rule XXXIV or paragraph 1 of rule such hearing. Such decision shall be based on propriate. XXXV of the Standing Rules of the Senate written findings of fact in the case by the se- (d)(1) Subpoenas may be authorized by— shall be made available upon request in the lect committee. If the select committee (A) the Select Committee; or Select Committee office with appropriate de- finds, in its written decision, that a violation (B) the chairman and vice chairman, act- letions to assure the privacy of the indi- has occurred or is about to occur, the com- ing jointly. vidual concerned. mittee may take such action and enforce- (2) Any such subpoena shall be issued and SEC. 4. The expenses of the Select Com- ment as it considers appropriate in accord- signed by the chairman and the vice chair- mittee under this resolution shall be paid ance with applicable rules, precedents, and man and may be served by any person des- from the contingent fund of the Senate upon standing orders of the Senate, and such ignated by the chairman and vice chairman. vouchers approved by the chairman of the other standards as may be prescribed by such (3) The chairman or any member of the Se- Select Committee. committee. lect Committee may administer oaths to SEC. 5. As used in this resolution, the term (c) Notwithstanding any other provision of witnesses. ‘‘officer or employee of the Senate’’ means— law, no court or administrative body in the (e) (1) The Select Committee shall pre- (1) an elected officer of the Senate who is United States or in any territory thereof scribe and publish such regulations as it not a Member of the Senate; shall have jurisdiction to entertain any civil feels are necessary to implement the Senate (2) an employee of the Senate, any com- action of any character concerning or re- Code of Official Conduct. mittee or subcommittee of the Senate, or lated to a violation of the franking laws or (2) The Select Committee is authorized to any Member of the Senate; an abuse of the franking privilege by any issue interpretative rulings explaining and (3) the Legislative Counsel of the Senate or person listed under subsection (a) of this sec- clarifying the application of any law, the any employee of his office; tion as entitled to send mail as franked mail,

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4663 until a complaint has been filed with the se- for contempt, in the case of an officer or em- ‘‘(B) the Select Committee on Ethics of the lect committee and the committee has ren- ployee. Senate, for Senators and employees of the dered a decision under subsection (b) of this SUBPART D—RELATING TO RECEIPT AND DIS- Senate, except that those responsibilities section. POSITION OF FOREIGN GIFTS AND DECORA- (other than responsibilities involving ap- (d) The select committee shall prescribe TIONS RECEIVED BY MEMBERS, OFFICERS AND proval of the employing agency) specified in regulations for the holding of investigations EMPLOYEES OF THE SENATE OR THEIR subsections (c)(2),(d), and (g)(2)(B) shall be and hearings, the conduct of proceedings, SPOUSES OR DEPENDENTS, PROVISIONS RELAT- carried out by the Secretary of the Senate; and the rendering of decisions under this ING TO THE SELECT COMMITTEE ON ETHICS ‘‘(C) the Administrative Office of the subsection providing for equitable proce- United States Courts, for judges and judicial Section 7342 of title 5, United States Code, dures and the protection of individual, pub- branch employees; and states as follows: lic, and Government interests. The regula- ‘‘(D) the department, agency, office, or SEC. 7342. Receipt and disposition of for- tions shall, insofar as practicable, contain eign gifts and decorations. other entity in which an employee is em- the substance of the administrative proce- ‘‘(a) For the purpose of this section— ployed, for other legislative branch employ- dure provisions of sections 551–559 and 701– ‘‘(1) ‘employee’ means— ees and for all executive branch employees. 706, of title 5, United States Code. These reg- ‘‘(A) an employee as defined by section 2105 ‘‘(b) An employee may not— ulations shall govern matters under this sub- of this title and an officer or employee of the ‘‘(1) request or otherwise encourage the section subject to judicial review thereof. United States Postal Service or of the Postal tender of a gift or decoration; or (e) The select committee shall keep a com- Rate Commission; ‘‘(2) accept a gift or decoration, other than plete record of all its actions, including a ‘‘(B) an expert or consultant who is under in accordance with, the provisions of sub- record of the votes on any question on which contract under section 3109 of this title with sections (c) and (d). a record vote is demanded. All records, data, the United States or any agency, depart- ‘‘(c)(1) The Congress consents to— and files of the select committee shall be the ment, or establishment thereof, including, in ‘‘(A) the accepting and retaining by an em- property of the Senate and shall be kept in the case of an organization performing serv- ployee of a gift of minimal value tendered the offices of the select committee or such ices under such section, any individual in- and received as a souvenir or mark of cour- other places as the committee may direct. volved in the performance of such services; tesy; and SUBPART C—STANDING ORDERS OF THE SENATE ‘‘(C) an individual employed by, or occu- ‘‘(B) the accepting by an employee of a gift REGARDING UNAUTHORIZED DISCLOSURE OF pying an office or position in, the govern- of more than minimal value when such gift INTELLIGENCE INFORMATION, S. RES. 400, 94TH ment of a territory or possession of the is in the nature of an educational scholar- CONGRESS, PROVISIONS RELATING TO THE SE- United States or the government of the Dis- ship or medical treatment or when it appears LECT COMMITTEE trict of Columbia; that to refuse the gift would likely cause of- SEC. 8. * * * ‘‘(D) a member of a uniformed service; fense or embarrassment or otherwise ad- (c)(1) No information in the possession of ‘‘(E) the President and the Vice President; versely affect the foreign relations of the the select committee relating to the lawful ‘‘(F) a Member of Congress as defined by United States, except that intelligence activities of any department or section 2106 of this title (except the Vice ‘‘(i) a tangible gift of more than minimal agency of the United States which has been President) and any Delegate to the Congress; value is deemed to have been accepted on be- classified under established security proce- and half of the United States and, upon accept- dures and which the select committee, pur- ‘‘(G) the spouse of an individual described ance, shall become the property of the suant to subsection (a) or (b) of this section, in subparagraphs (A) through (F) (unless United States; and has determined should not be disclosed, shall such individual and his or her spouse are sep- ‘‘(ii) an employee may accept gifts of trav- be made available to any person by a Mem- arated) or a dependent (within the meaning el or expenses for travel taking place en- ber, officer, or employee of the Senate except of section 152 of the Internal Revenue Code tirely outside the United States (such as in a closed session of the Senate or as pro- of 1986) of such an individual, other than a transportation, food, and lodging) of more vided in paragraph (2). spouse or dependent who is an employee than minimal value if such acceptance is ap- (2) The select committee may, under such under subparagraphs (A) through (F); propriate, consistent with the interests of regulations as the committee shall prescribe ‘‘(2) ‘foreign government’ means— the United States, and permitted by the em- to protect the confidentiality of such infor- ‘‘(A) any unit of foreign governmental au- ploying agency and any regulations which mation, make any information described in thority, including any foreign national, may be prescribed by the employing agency. paragraph (1) available to any other com- State, local, and municipal government; ‘‘(2) Within 60 days after accepting a tan- mittee or any other Member of the Senate. ‘‘(B) any international or multinational or- gible gift of more than minimal value (other Whenever the select committee makes such ganization whose membership is composed of than a gift described in paragraph (1)(B)(ii)), information available, the committee shall any unit of foreign government described in an employee shall— keep a written record showing, in the case of subparagraph (A); and ‘‘(A) deposit the gift for disposal with his any particular information, which com- ‘‘(C) any agent or representative of any or her employing agency; or mittee or which Members of the Senate re- such unit or such organization, while acting ‘‘(B) subject to the approval of the employ- ceived such information. No Member of the as such; ing agency, deposit the gift with that agency Senate who, and no committee which, re- ‘‘(3) ‘gift’ means a tangible or intangible for official use. Within 30 days after termi- ceives any information under this sub- present (other than a decoration) tendered nating the official use of a gift under sub- section, shall disclose such information ex- by, or received from, a foreign government; paragraph (B), the employing agency shall cept in a closed session of the Senate. ‘‘(4) ‘decoration’ means an order, device, forward the gift to the Administrator of Gen- (d) It shall be the duty of the Select Com- medal, badge, insignia, emblem, or award eral Services in accordance with subsection mittee on Standards and Conduct to inves- tendered by, or received from, a foreign gov- (e)(1) or provide for its disposal in accord- tigate any unauthorized disclosure of intel- ernment; ance with subsection (e)(2). ligence information by a Member, officer or ‘‘(5) ‘minimal value’ means a retail value ‘‘(3) When an employee deposits a gift of employee of the Senate in violation of sub- in the United States at the time of accept- more than minimal value for disposal or for section (c) and to report to the Senate con- ance of $100 or less, except that— official use pursuant to paragraph (2), or cerning any allegation which it finds to be ‘‘(A) on January 1, 1981, and at 3 year inter- within 30 days after accepting travel or trav- substantiated. vals thereafter, ‘minimal value’ shall be re- el expenses as provided in paragraph (e) Upon the request of any person who is defined in regulations prescribed by the Ad- (1)(B)(ii) unless such travel or travel ex- subject to any such investigation, the Select ministrator of General Services, in consulta- penses are accepted in accordance with spe- Committee on Standards and Conduct shall tion with the Secretary of State, to reflect cific instructions of his or her employing release to such individual at the conclusion changes in the consumer price index for the agency, the employee shall file a statement of its investigation a summary of its inves- immediately preceding 3-year period; and with his or her employing agency or its dele- tigation together with its findings. If, at the ‘‘(B) regulations of an employing agency gate containing the information prescribed conclusion of its investigation, the Select may define ‘minimal value’ for its employees in subsection (f) for that gift. Committee on Standards and Conduct deter- to be less than the value established under ‘‘(d) The Congress consents to the accept- mines that there has been a significant this paragraph; and ing, retaining, and wearing by an employee breach of confidentiality or unauthorized ‘‘(6) ‘employing agency’ means— of a decoration tendered in recognition of ac- disclosure by a Member, officer, or employee ‘‘(A) the Committee on Standards of Offi- tive field service in time of combat oper- of the Senate, it shall report its findings to cial Conduct of the House of Representa- ations or awarded for other outstanding or the Senate and recommend appropriate ac- tives, for Members and employees of the unusually meritorious performance, subject tion such as censure, removal from com- House of Representatives, except that those to the approval of the employing agency of mittee membership, or expulsion from the responsibilities specified in subsections such employee. Without this approval, the Senate, in the case of a Member, or removal (c)(2)(A), (e)(1), and (g)(2)(B) shall be carried decoration is deemed to have been accepted from office or employment or punishment out by the Clerk of the House; on behalf of the United States, shall become

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4664 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 27, 2007 the property of the United States, and shall ‘‘(A) the name and position of the em- (2) Special meetings may be held at the be deposited by the employee, within sixty ployee; call of the Chairman or Vice Chairman if at days of acceptance, with the employing ‘‘(B) a brief description of the gift and the least forty-eight hours notice is furnished to agency for official use, for forwarding to the circumstances justifying acceptance; and all members. If all members agree, a special Administrator of General Services for dis- ‘‘(C) the identity, if known, of the foreign meeting may be held on less than forty-eight posal in accordance with subsection (e)(1), or government and the name and position of hours notice. for disposal in accordance with subsection the individual who presented the gift. (3) (A) If any member of the Committee de- (e)(2). ‘‘(4) In transmitting such listings for the sires that a special meeting of the Com- ‘‘(e)(1) Except as provided in paragraph (2), Central Intelligence Agency, the Director of mittee be called, the member may file in the Central Intelligence may delete the informa- gifts and decorations that have been depos- office of the Committee a written request to tion described in subparagraphs (A) and (C) ited with an employing agency for disposal the Chairman or Vice Chairman for that spe- of paragraphs (2) and (3) if the Director cer- shall be (A) returned to the donor, or (B) for- cial meeting. tifies in writing to the Secretary of State warded to the Administrator of General (B) Immediately upon the filing of the re- that the publication of such information Services for transfer, donation, or other dis- quest the Clerk of the Committee shall no- could adversely affect United States intel- posal in accordance with the provisions of tify the Chairman and Vice Chairman of the ligence sources. the Federal Property and Administrative ‘‘(g)(1) Each employing agency shall pre- filing of the request. If, within three cal- Services Act of 1949. However, no gift or scribe such regulations as may be necessary endar days after the filing of the request, the decoration that has been deposited for dis- to carry out the purpose of this section. For Chairman or the Vice Chairman does not call posal may be sold without the approval of all employing agencies in the executive the requested special meeting, to be held the Secretary of State, upon a determination branch, such regulations shall be prescribed within seven calendar days after the filing of that the sale will not adversely affect the pursuant to guidance provided by the Sec- the request, any three of the members of the foreign relations of the United States. Gifts retary of State. These regulations shall be Committee may file their written notice in and decorations may be sold by negotiated implemented by each employing agency for the office of the Committee that a special sale. its employees. meeting of the Committee will be held at a ‘‘(2) Gifts and decorations received by a ‘‘(2) Each employing agency shall— specified date and hour; such special meeting Senator or an employee of the Senate that ‘‘(A) report to the Attorney General cases may not occur until forty-eight hours after are deposited with the Secretary of the Sen- in which there is reason to believe that an the notice is filed. The Clerk shall imme- ate for disposal, or are deposited for an offi- employee has violated this section; diately notify all members of the Committee cial use which has terminated, shall be dis- ‘‘(B) establish a procedure for obtaining an of the date and hour of the special meeting. posed of by the Commission on Arts and An- appraisal, when necessary, of the value of The Committee shall meet at the specified tiquities of the United States Senate. Any gifts; and date and hour. such gift or decoration may be returned by ‘‘(C) take any other actions necessary to (d) QUORUM.— the Commission to the donor or may be carry out the purpose of this section. (1) A majority of the members of the Select transferred or donated by the Commission, ‘‘(h) The Attorney General may bring a Committee shall constitute a quorum for the subject to such terms and conditions as it civil action in any district court of the transaction of business involving complaints may prescribe, (A) to an agency or instru- United States against any employee who or allegations of, or information about, mis- mentality of (i) the United States, (ii) a knowingly solicits or accepts a gift from a conduct, including resulting preliminary in- State, territory, or possession of the United foreign government not consented to by this quiries, adjudicatory reviews, recommenda- States, or a political subdivision of the fore- section or who fails to deposit or report such tions or reports, and matters relating to going, or (iii) the District of Columbia, or (B) gift as required by this section. The court in Senate Resolution 400, agreed to May 19, to an organization described in section which such action is brought may assess a 1976. 501(c)(3) of the Internal Revenue Code of 1986 penalty against such employee in any (2) Three members shall constitute a which is exempt from taxation under section amount not to exceed the retail value of the quorum for the transaction of the routine gift improperly solicited or received plus 501(a) of such Code. Any such gift or decora- business of the Select Committee not cov- $5,000. tion not disposed of as provided in the pre- ered by the first subparagraph of this para- ceding sentence shall be forwarded to the Ad- ‘‘(i) The President shall direct all Chiefs of a United States Diplomatic Mission to in- graph, including requests for opinions and ministrator of General Services for disposal interpretations concerning the Code of Offi- in accordance with paragraph (1). If the Ad- form their host governments that it is a gen- eral policy of the United States Government cial Conduct or any other statute or regula- ministrator does not dispose of such gift or tion under the jurisdiction of the Select decoration within one year, he shall, at the to prohibit United States Government em- ployees from receiving gifts or decorations of Committee, if one member of the quorum is request of the Commission, return it to the a Member of the Majority Party and one Commission and the Commission may dis- more than minimal value. ‘‘(j) Nothing in this section shall be con- member of the quorum is a Member of the pose of such gift or decoration in such man- strued to derogate any regulation prescribed Minority Party. During the transaction of ner as it considers proper, except that such by any employing agency which provides for routine business any member of the Select gift or decoration may be sold only with the more stringent limitations on the receipt of Committee constituting the quorum shall approval of the Secretary of State upon a de- gifts and decorations by its employees. have the right to postpone further discussion termination that the sale will not adversely ‘‘(k) The provisions of this section do not of a pending matter until such time as a ma- affect the foreign relations of the United apply to grants and other forms of assistance jority of the members of the Select Com- States. to which section 108A of the Mutual Edu- mittee are present. ‘‘(f)(1) Not later than January 31 of each cational and Cultural Exchange Act of 1961 (3) Except for an adjudicatory hearing year, each employing agency or its delegate applies.’’ under Rule 5 and any deposition taken out- shall compile a listing of all statements filed PART II: SUPPLEMENTARY PROCEDURAL RULES side the presence of a Member under Rule 6, during the preceding year by the employees RULE 1: GENERAL PROCEDURES one Member shall constitute a quorum for of that agency pursuant to subsection (c)(3) hearing testimony, provided that all Mem- (a) OFFICERS.—In the absence of the Chair- and shall transmit such listing to the Sec- bers have been given notice of the hearing man, the duties of the Chair shall be filled by retary of State who shall publish a com- and the Chairman has designated a Member the Vice Chairman or, in the Vice Chair- prehensive listing of all such statements in of the Majority Party and the Vice Chairman man’s absence, a Committee member des- the Federal Register. has designated a Member of the Minority ‘‘(2) Such listings shall include for each ignated by the Chairman. (b) PROCEDURAL RULES.—The basic proce- Party to be in attendance, either of whom in tangible gift reported— the absence of the other may constitute the ‘‘(A) the name and position of the em- dural rules of the Committee are stated as a quorum. ployee; part of the Standing Orders of the Senate in (e) ORDER OF BUSINESS.—Questions as to ‘‘(B) a brief description of the gift and the Senate Resolution 338, 88th Congress, as the order of business and the procedure of circumstances justifying acceptance; amended, as well as other resolutions and ‘‘(C) the identity, if known, of the foreign laws. Supplementary Procedural Rules are the Committee shall in the first instance be government and the name and position of stated herein and are hereinafter referred to decided by the Chairman and Vice Chairman, the individual who presented the gift; as the Rules. The Rules shall be published in subject to reversal by a vote by a majority of ‘‘(D) the date of acceptance of the gift; the Congressional Record not later than the Committee. ‘‘(E) the estimated value in the United thirty days after adoption, and copies shall (f) HEARINGS ANNOUNCEMENTS.—The Com- States of the gift at the time of acceptance; be made available by the Committee office mittee shall make public announcement of and upon request. the date, place and subject matter of any ‘‘(F) disposition or current location of the (c) MEETINGS.— hearing to be conducted by it at least one gift. (1) The regular meeting of the Committee week before the commencement of that hear- ‘‘(3) Such listings shall include for each shall be the first Thursday of each month ing, and shall publish such announcement in gift of travel or travel expenses— while the Congress is in session. the Congressional Record. If the Committee

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At the direc- tice will be given at the earliest possible preliminary inquiry or adjudicatory review tion or with the consent of the staff director time. described in subparagraph (A). or outside counsel, a staff member may also (g) OPEN AND CLOSED COMMITTEE MEET- For purposes of this paragraph, a member be disqualified from participating in a Com- INGS.—Meetings of the Committee shall be of the committee and an officer of the Sen- mittee proceeding in other circumstances open to the public or closed to the public (ex- ate shall be deemed to supervise any officer not listed above. ecutive session), as determined under the or employee consistent with the provision of (l) RECORDED VOTES.—Any member may re- provisions of paragraphs 5 (b) to (d) of rule paragraph 12 of rule XXXVII of the Standing quire a recorded vote on any matter. XXVI of the Standing Rules of the Senate. Rules of the Senate. (m) PROXIES; RECORDING VOTES OF ABSENT Executive session meetings of the Com- (2) If any Committee proceeding appears to MEMBERS.— mittee shall be closed except to the members relate to a member of the Committee in a (1) Proxy voting shall not be allowed when and the staff of the Committee. On the mo- manner described in subparagraph (1) of this the question before the Committee is the ini- tion of any member, and with the approval of paragraph, the staff shall prepare a report to tiation or continuation of a preliminary in- a majority of the Committee members the Chairman and Vice Chairman. If either quiry or an adjudicatory review, or the present, other individuals may be admitted the Chairman or the Vice Chairman con- issuance of a report or recommendation re- to an executive session meeting for a specific cludes from the report that it appears that lated thereto concerning a Member or officer period or purpose. the member may be ineligible, the member of the Senate. In any such case an absent (h) RECORD OF TESTIMONY AND COMMITTEE shall be notified in writing of the nature of member’s vote may be announced solely for ACTION.—An accurate stenographic or tran- the particular proceeding and the reason the purpose of recording the member’s posi- scribed electronic record shall be kept of all that it appears that the member may be in- tion and such announced votes shall not be Committee proceedings, whether in execu- eligible to participate in it. If the member counted for or against the motion. tive or public session. Such record shall in- agrees that he or she is ineligible, the mem- (2) On matters other than matters listed in clude Senators’ votes on any question on ber shall so notify the Chairman or Vice paragraph (m)(1) above, the Committee may which a recorded vote is held. The record of Chairman. If the member believes that he or order that the record be held open for the a witness’s testimony, whether in public or she is not ineligible, he or she may explain vote of absentees or recorded proxy votes if executive session, shall be made available for the reasons to the Chairman and Vice Chair- the absent Committee member has been in- inspection to the witness or his counsel man, and if they both agree that the member formed of the matter on which the vote oc- under Committee supervision; a copy of any is not ineligible, the member shall continue curs and has affirmatively requested of the testimony given by that witness in public to serve. But if either the Chairman or Vice Chairman or Vice Chairman in writing that session, or that part of the testimony given Chairman continues to believe that the he be so recorded. by the witness in executive session and sub- member is ineligible, while the member be- (3) All proxies shall be in writing, and shall sequently quoted or made part of the record lieves that he or she is not ineligible, the be delivered to the Chairman or Vice Chair- in a public session shall be made available to matter shall be promptly referred to the man to be recorded. any witness if he so requests. (See Rule 5 on Committee. The member shall present his or (4) Proxies shall not be considered for the Procedures for Conducting Hearings.) her arguments to the Committee in execu- purpose of establishing a quorum. (i) SECRECY OF EXECUTIVE TESTIMONY AND tive session. Any contested questions con- (n) APPROVAL OF BLIND TRUSTS AND FOR- ACTION AND OF COMPLAINT PROCEEDINGS.— cerning a member’s eligibility shall be de- EIGN TRAVEL REQUESTS BETWEEN SESSIONS (1) All testimony and action taken in exec- cided by a majority vote of the Committee, AND DURING EXTENDED RECESSES.—During utive session shall be kept secret and shall meeting in executive session, with the mem- any period in which the Senate stands in ad- not be released outside the Committee to ber in question not participating. journment between sessions of the Congress any individual or group, whether govern- (3) A member of the Committee may, at or stands in a recess scheduled to extend be- mental or private, without the approval of a the discretion of the member, disqualify yond fourteen days, the Chairman and Vice majority of the Committee. Chairman, or their designees, acting jointly, (2) All testimony and action relating to a himself or herself from participating in any preliminary inquiry or adjudicatory review are authorized to approve or disapprove blind complaint or allegation shall be kept secret trusts under the provision of rule XXXIV. and shall not be released by the Committee pending before the Committee and the deter- minations and recommendations of the Com- (o) COMMITTEE USE OF SERVICES OR EM- to any individual or group, whether govern- PLOYEES OF OTHER AGENCIES AND DEPART- mental or private, except the respondent, mittee with respect to any such preliminary inquiry or adjudicatory review. MENTS.—With the prior consent of the de- without the approval of a majority of the partment or agency involved, the Committee Committee, until such time as a report to (4) Whenever any member of the Com- mittee is ineligible under paragraph (1) to may (1) utilize the services, information, or the Senate is required under Senate Resolu- facilities of any such department or agency tion 338, 88th Congress, as amended, or unless participate in any preliminary inquiry or ad- judicatory review, or disqualifies himself or of the Government, and (2) employ on a re- otherwise permitted under these Rules. (See imbursable basis or otherwise the services of Rule 8 on Procedures for Handling Com- herself under paragraph (3) from partici- pating in any preliminary inquiry or adju- such personnel of any such department or mittee Sensitive and Classified Materials.) agency as it deems advisable. With the con- (j) RELEASE OF REPORTS TO PUBLIC.—No in- dicatory review, another Senator shall be ap- pointed by the Senate to serve as a member sent of any other committee of the Senate, formation pertaining to, or copies of any or any subcommittee, the Committee may Committee report, study, or other document of the Committee solely for purposes of such preliminary inquiry or adjudicatory review utilize the facilities and the services of the which purports to express the view, findings, staff of such other committee or sub- conclusions or recommendations of the Com- and the determinations and recommenda- tions of the Committee with respect to such committee whenever the Chairman and Vice mittee in connection with any of its activi- Chairman of the Committee, acting jointly, ties or proceedings may be released to any preliminary inquiry or adjudicatory review. Any member of the Senate appointed for determine that such action is necessary and individual or group whether governmental or appropriate. private, without the authorization of the such purposes shall be of the same party as RULE 2: PROCEDURES FOR COMPLAINTS, Committee. Whenever the Chairman or Vice the member who is ineligible or disqualifies ALLEGATIONS, OR INFORMATION Chairman is authorized to make any deter- himself or herself. mination, then the determination may be re- (5) The President of the Senate shall be (a) COMPLAINT, ALLEGATION, OR INFORMA- leased at his or her discretion. Each member given written notice of the ineligibility or TION.—Any member or staff member of the of the Committee shall be given a reasonable disqualification of any member from any Committee shall report to the Committee, opportunity to have separate views included preliminary inquiry, adjudicatory review, or and any other person may report to the Com- as part of any Committee report. (See Rule 8 other proceeding requiring the appointment mittee, a sworn complaint or other allega- on Procedures for Handling Committee Sen- of another member in accordance with sub- tion or information, alleging that any Sen- sitive and Classified Materials.) paragraph (k)(4). ator, or officer, or employee of the Senate (k) INELIGIBILITY OR DISQUALIFICATION OF (6) A member of the Committee staff shall has violated a law, the Senate Code of Offi- MEMBERS AND STAFF.— be ineligible to participate in any Com- cial Conduct, or any rule or regulation of the (1) A member of the Committee shall be in- mittee proceeding that the staff director or Senate relating to the conduct of any indi- eligible to participate in any Committee pro- outside counsel determines relates specifi- vidual in the performance of his or her duty ceeding that relates specifically to any of cally to any of the following: as a Member, officer, or employee of the Sen- the following: (A) the staff member’s own conduct; ate, or has engaged in improper conduct (A) a preliminary inquiry or adjudicatory (B) the conduct of any employee that the which may reflect upon the Senate. Such review relating to (i) the conduct of (I) such staff member supervises; complaints or allegations or information member; (II) any officer or employee the (C) the conduct of any member, officer or may be reported to the Chairman, the Vice member supervises; or (ii) any complaint employee for whom the staff member has Chairman, a Committee member, or a Com- filed by the member; and worked for any substantial period; or mittee staff member.

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(b) SOURCE OF COMPLAINT, ALLEGATION, OR (d) OPPORTUNITY FOR RESPONSE.—A pre- mittee or its staff, may conduct any inquir- INFORMATION.—Complaints, allegations, and liminary inquiry may include an opportunity ies or interviews, take sworn statements, use information to be reported to the Committee for any known respondent or his or her des- compulsory process as described in Rule 6, or may be obtained from a variety of sources, ignated representative to present either a take any other actions that the Committee including but not limited to the following: written or oral statement, or to respond deems appropriate to secure the evidence (1) sworn complaints, defined as a written orally to questions from the Committee. necessary to make a determination. statement of facts, submitted under penalty Such an oral statement or answers shall be (c) NOTICE TO RESPONDENT.—The Com- of perjury, within the personal knowledge of transcribed and signed by the person pro- mittee shall give written notice to any the complainant alleging a violation of law, viding the statement or answers. known respondent who is the subject of an the Senate Code of Official Conduct, or any (e) STATUS REPORTS.—The Committee staff adjudicatory review. The notice shall be sent other rule or regulation of the Senate relat- or outside counsel shall periodically report to the respondent no later than five working ing to the conduct of individuals in the per- to the Committee in the form and according days after the Committee has voted to con- formance of their duties as members, offi- to the schedule prescribed by the Committee. duct an adjudicatory review. The notice cers, or employees of the Senate; The reports shall be confidential. shall include a statement of the nature of (2) anonymous or informal complaints; (f) FINAL REPORT.—When the preliminary the possible violation, and description of the (3) information developed during a study or inquiry is completed, the staff or outside evidence indicating that a possible violation inquiry by the Committee or other commit- counsel shall make a confidential report, occurred. The Committee may offer the re- tees or subcommittees of the Senate, includ- oral or written, to the Committee on find- spondent an opportunity to present a state- ing information obtained in connection with ings and recommendations, as appropriate. ment, orally or in writing, or to respond to legislative or general oversight hearings; (g) COMMITTEE ACTION.—As soon as prac- questions from members of the Committee, (4) information reported by the news ticable following submission of the report on the Committee staff, or outside counsel. media; or the preliminary inquiry, the Committee (d) RIGHT TO A HEARING.—The Committee (5) information obtained from any indi- shall determine by a recorded vote whether shall accord a respondent an opportunity for vidual, agency or department of the execu- there is substantial credible evidence which a hearing before it recommends disciplinary tive branch of the Federal Government. provides substantial cause for the Com- action against that respondent to the Senate (c) FORM AND CONTENT OF COMPLAINTS.—A mittee to conclude that a violation within complaint need not be sworn nor must it be or before it imposes an order of restitution the jurisdiction of the Committee has oc- or reprimand (not requiring discipline by the in any particular form to receive Committee curred. The Committee may make any of the consideration, but the preferred complaint full Senate). following determinations: (e) PROGRESS REPORTS TO COMMITTEE.—The will: (1) The Committee may determine that (1) state, whenever possible, the name, ad- Committee staff or outside counsel shall pe- there is not such substantial credible evi- dress, and telephone number of the party fil- riodically report to the Committee con- dence and, in such case, the Committee shall ing the complaint; cerning the progress of the adjudicatory re- dismiss the matter. The Committee, or (2) provide the name of each member, offi- view. Such reports shall be delivered to the Chairman and Vice Chairman acting jointly cer or employee of the Senate who is specifi- Committee in the form and according to the on behalf of the Committee, may dismiss any cally alleged to have engaged in improper schedule prescribed by the Committee, and matter which, after a preliminary inquiry, is conduct or committed a violation; shall be confidential. (3) state the nature of the alleged improper determined to lack substantial merit. The (f) FINAL REPORT OF ADJUDICATORY REVIEW conduct or violation; Committee shall inform the complainant of TO COMMITTEE.—Upon completion of an adju- (4) supply all documents in the possession the dismissal. dicatory review, including any hearings held of the party filing the complaint relevant to (2) The Committee may determine that pursuant to Rule 5, the outside counsel or or in support of his or her allegations as an there is such substantial credible evidence, the staff shall submit a confidential written attachment to the complaint. but that the alleged violation is inadvertent, report to the Committee, which shall detail technical, or otherwise of a de minimis na- RULE 3: PROCEDURES FOR CONDUCTING A the factual findings of the adjudicatory re- ture. In such case, the Committee may dis- PRELIMINARY INQUIRY view and which may recommend disciplinary pose of the matter by issuing a public or pri- action, if appropriate. Findings of fact of the (a) DEFINITION OF PRELIMINARY INQUIRY.—A vate letter of admonition, which shall not be ‘‘preliminary inquiry’’ is a proceeding under- adjudicatory review shall be detailed in this considered discipline and which shall not be report whether or not disciplinary action is taken by the Committee following the re- subject to appeal to the Senate. The issuance ceipt of a complaint or allegation of, or in- recommended. of a letter of admonition must be approved (g) COMMITTEE ACTION.— formation about, misconduct by a Member, by the affirmative recorded vote of no fewer officer, or employee of the Senate to deter- (1) As soon as practicable following sub- than four members of the Committee voting. mission of the report of the staff or outside mine whether there is substantial credible (3) The Committee may determine that evidence which provides substantial cause counsel on the adjudicatory review, the Com- there is such substantial credible evidence mittee shall prepare and submit a report to for the Committee to conclude that a viola- and that the matter cannot be appropriately tion within the jurisdiction of the Com- the Senate, including a recommendation or disposed of under paragraph (2). In such case, proposed resolution to the Senate concerning mittee has occurred. the Committee shall promptly initiate an (b) BASIS FOR PRELIMINARY INQUIRY.—The disciplinary action, if appropriate. A report adjudicatory review in accordance with Rule shall be issued, stating in detail the Commit- Committee shall promptly commence a pre- 4. No adjudicatory review of conduct of a liminary inquiry whenever it has received a tee’s findings of fact, whether or not discipli- Member, officer, or employee of the Senate nary action is recommended. The report sworn complaint, or other allegation of, or may be initiated except by the affirmative information about, alleged misconduct or shall also explain fully the reasons under- recorded vote of not less than four members lying the Committee’s recommendation con- violations pursuant to Rule 2. of the Committee. (c) SCOPE OF PRELIMINARY INQUIRY.— cerning disciplinary action, if any. No adju- (1) The preliminary inquiry shall be of such RULE 4: PROCEDURES FOR CONDUCTING AN dicatory review of conduct of a Member, offi- duration and scope as is necessary to deter- ADJUDICATORY REVIEW cer or employee of the Senate may be con- mine whether there is substantial credible (a) DEFINITION OF ADJUDICATORY REVIEW.— ducted, or report or resolution or rec- evidence which provides substantial cause An ‘‘adjudicatory review’’ is a proceeding un- ommendation relating to such an adjudica- for the Committee to conclude that a viola- dertaken by the Committee after a finding, tory review of conduct may be made, except tion within the jurisdiction of the Com- on the basis of a preliminary inquiry, that by the affirmative recorded vote of not less mittee has occurred. The Chairman and Vice there is substantial cause for the Committee than four members of the Committee. Chairman, acting jointly, on behalf of the to conclude that a violation within the juris- (2) Pursuant to S. Res. 338, as amended, Committee may supervise and determine the diction of the Committee has occurred. section 2 (a), subsections (2), (3), and (4), appropriate duration, scope, and conduct of a (b) SCOPE OF ADJUDICATORY REVIEW.—When after receipt of the report prescribed by preliminary inquiry. Whether a preliminary the Committee decides to conduct an adju- paragraph (f) of this rule, the Committee inquiry is conducted jointly by the Chairman dicatory review, it shall be of such duration may make any of the following recommenda- and Vice Chairman or by the Committee as and scope as is necessary for the Committee tions for disciplinary action or issue an order a whole, the day to day supervision of a pre- to determine whether a violation within its for reprimand or restitution, as follows: liminary inquiry rests with the Chairman jurisdiction has occurred. An adjudicatory (i) In the case of a Member, a recommenda- and Vice Chairman, acting jointly. review shall be conducted by outside counsel tion to the Senate for expulsion, censure, (2) A preliminary inquiry may include any as authorized by section 3(b)(1) of Senate payment of restitution, recommendation to inquiries, interviews, sworn statements, Resolution 338 unless the Committee deter- a Member’s party conference regarding the depositions, or subpoenas deemed appro- mines not to use outside counsel. In the Member’s seniority or positions of responsi- priate to obtain information upon which to course of the adjudicatory review, designated bility, or a combination of these; make any determination provided for by this outside counsel, or if the Committee deter- (ii) In the case of an officer or employee, a Rule. mines not to use outside counsel, the Com- recommendation to the Senate of dismissal,

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suspension, payment of restitution, or a (c) ADJUDICATORY HEARINGS.—The Com- (j) ADJUDICATORY HEARING PROCEDURES.— combination of these; mittee may, by the recorded vote of not less (1) NOTICE OF HEARINGS.—A copy of the (iii) In the case where the Committee de- than four members of the Committee, des- public announcement of an adjudicatory termines, after according to the Member, of- ignate any public or executive hearing as an hearing, required by paragraph (e), shall be ficer, or employee due notice and oppor- adjudicatory hearing; and any hearing which furnished together with a copy of these tunity for a hearing, that misconduct oc- is concerned with possible disciplinary ac- Rules to all witnesses at the time that they curred warranting discipline less serious tion against a respondent or respondents des- are subpoenaed or otherwise summoned to than discipline by the full Senate, and sub- ignated by the Committee shall be an adju- testify. ject to the provisions of paragraph (h) of this dicatory hearing. In any adjudicatory hear- (2) PREPARATION FOR ADJUDICATORY HEAR- rule relating to appeal, by a unanimous vote ing, the procedures described in paragraph (j) INGS.— of six members order that a Member, officer shall apply. (A) At least five working days prior to the or employee be reprimanded or pay restitu- (d) SUBPOENA POWER.—The Committee may commencement of an adjudicatory hearing, tion or both; require, by subpoena or otherwise, the at- the Committee shall provide the following (iv) In the case where the Committee de- tendance and testimony of such witnesses information and documents to the respond- termines that misconduct is inadvertent, and the production of such correspondence, ent, if any: technical, or otherwise of a de minimis na- books, papers, documents or other articles as (i) a list of proposed witnesses to be called ture, issue a public or private letter of admo- it deems advisable. (See Rule 6.) at the hearing; nition to a Member, officer or employee, (e) NOTICE OF HEARINGS.—The Committee (ii) copies of all documents expected to be which shall not be subject to appeal to the shall make public an announcement of the introduced as exhibits at the hearing; and Senate. date, place, and subject matter of any hear- (iii) a brief statement as to the nature of (3) In the case where the Committee deter- ing to be conducted by it, in accordance with the testimony expected to be given by each mines, upon consideration of all the evi- Rule 1(f). witness to be called at the hearing. dence, that the facts do not warrant a find- (f) PRESIDING OFFICER.—The Chairman (B) At least two working days prior to the ing that there is substantial credible evi- shall preside over the hearings, or in his ab- commencement of an adjudicatory hearing, dence which provides substantial cause for sence the Vice Chairman. If the Vice Chair- the respondent, if any, shall provide the in- the Committee to conclude that a violation man is also absent, a Committee member formation and documents described in divi- within the jurisdiction of the Committee has designated by the Chairman shall preside. If sions (i), (ii) and (iii) of subparagraph (A) to occurred, the Committee may dismiss the an oath or affirmation is required, it shall be the Committee. matter. administered to a witness by the Presiding (C) At the discretion of the Committee, the (4) Promptly, after the conclusion of the Officer, or in his absence, by any Committee information and documents to be exchanged adjudicatory review, the Committee’s report member. under this paragraph shall be subject to an and recommendation, if any, shall be for- (g) WITNESSES.— appropriate agreement limiting access and (1) A subpoena or other request to testify warded to the Secretary of the Senate, and a disclosure. shall be served on a witness sufficiently in copy shall be provided to the complainant (D) If a respondent refuses to provide the advance of his or her scheduled appearance and the respondent. The full report and rec- information and documents to the Com- to allow the witness a reasonable period of ommendation, if any, shall be printed and mittee (see (A) and (B) of this subparagraph), time, as determined by the Committee, to made public, unless the Committee deter- or if a respondent or other individual vio- prepare for the hearing and to employ coun- mines by the recorded vote of not less than lates an agreement limiting access and dis- sel if desired. four members of the Committee that it closure, the Committee, by majority vote, (2) The Committee may, by recorded vote should remain confidential. may recommend to the Senate that the of- of not less than four members of the Com- (h) RIGHT OF APPEAL.— fender be cited for contempt of Congress. mittee, rule that no member of the Com- (1) Any individual who is the subject of a (3) SWEARING OF WITNESSES.—All witnesses mittee or staff or outside counsel shall make reprimand or order of restitution, or both, who testify at adjudicatory hearings shall be public the name of any witness subpoenaed pursuant to subsection (g)(2)(iii), may, with- sworn unless the Presiding Officer, for good by the Committee before the date of that in 30 days of the Committee’s report to the cause, decides that a witness does not have witness’s scheduled appearance, except as Senate of its action imposing a reprimand or to be sworn. specifically authorized by the Chairman and order of restitution, or both, appeal to the (4) RIGHT TO COUNSEL.—Any witness at an Senate by providing written notice of the ap- Vice Chairman, acting jointly. (3) Any witness desiring to read a prepared adjudicatory hearing may be accompanied peal to the Committee and the presiding offi- by counsel of his or her own choosing, who cer of the Senate. The presiding officer shall or written statement in executive or public hearings shall file a copy of such statement shall be permitted to advise the witness of cause the notice of the appeal to be printed his or her legal rights during the testimony. in the Congressional Record and the Senate with the Committee at least two working days in advance of the hearing at which the (5) RIGHT TO CROSS-EXAMINE AND CALL WIT- Journal. NESSES.— (2) S. Res. 338 provides that a motion to statement is to be presented. The Chairman and Vice Chairman shall determine whether (A) In adjudicatory hearings, any respond- proceed to consideration of an appeal pursu- ent and any other person who obtains the ant to paragraph (1) shall be highly privi- such statements may be read or placed in the record of the hearing. permission of the Committee, may person- leged and not debatable. If the motion to ally or through counsel cross-examine wit- proceed to consideration of the appeal is (4) Insofar as practicable, each witness shall be permitted to present a brief oral nesses called by the Committee and may call agreed to, the appeal shall be decided on the witnesses in his or her own behalf. basis of the Committee’s report to the Sen- opening statement, if he or she desires to do so. (B) A respondent may apply to the Com- ate. Debate on the appeal shall be limited to mittee for the issuance of subpoenas for the 10 hours, which shall be divided equally be- (h) RIGHT TO TESTIFY.—Any person whose name is mentioned or who is specifically appearance of witnesses or the production of tween, and controlled by, those favoring and documents on his or her behalf. An applica- those opposing the appeal. identified or otherwise referred to in testi- mony or in statements made by a Committee tion shall be approved upon a concise show- RULE 5: PROCEDURES FOR HEARINGS member, staff member or outside counsel, or ing by the respondent that the proposed tes- (a) RIGHT TO HEARING.—The Committee any witness, and who reasonably believes timony or evidence is relevant and appro- may hold a public or executive hearing in that the statement tends to adversely affect priate, as determined by the Chairman and any preliminary inquiry, adjudicatory re- his or her reputation may— Vice Chairman. view, or other proceeding. The Committee (1) Request to appear personally before the (C) With respect to witnesses called by a shall accord a respondent an opportunity for Committee to testify in his or her own be- respondent, or other individual given permis- a hearing before it recommends disciplinary half; or sion by the Committee, each such witness action against that respondent to the Senate (2) File a sworn statement of facts relevant shall first be examined by the party who or before it imposes an order of restitution to the testimony or other evidence or state- called the witness or by that party’s counsel. or reprimand. (See Rule 4(d).) ment of which he or she complained. Such (D) At least one working day before a (b) NON-PUBLIC HEARINGS.—The Committee request and such statement shall be sub- witness’s scheduled appearance, a witness or may at any time during a hearing determine mitted to the Committee for its consider- a witness’s counsel may submit to the Com- in accordance with paragraph 5(b) of rule ation and action. mittee written questions proposed to be XXVI of the Standing Rules of the Senate (i) CONDUCT OF WITNESSES AND OTHER asked of that witness. If the Committee de- whether to receive the testimony of specific ATTENDEES.—The Presiding Officer may pun- termines that it is necessary, such questions witnesses in executive session. If a witness ish any breaches of order and decorum by may be asked by any member of the Com- desires to express a preference for testifying censure and exclusion from the hearings. The mittee, or by any Committee staff member if in public or in executive session, he or she Committee, by majority vote, may rec- directed by a Committee member. The wit- shall so notify the Committee at least five ommend to the Senate that the offender be ness or witness’s counsel may also submit days before he or she is scheduled to testify. cited for contempt of Congress. additional sworn testimony for the record

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within twenty-four hours after the last day time to correct such transcript and such (4) DEPOSITION PROCEDURE.—Witnesses at that the witness has testified. The insertion transcript has not been returned within such depositions shall be examined upon oath ad- of such testimony in that day’s record is sub- time. ministered by an individual authorized by ject to the approval of the Chairman and (3) The Committee shall furnish each wit- law to administer oaths, or administered by Vice Chairman acting jointly within five ness, at no cost, one transcript copy of that any member of the Committee if one is days after the testimony is received. witness’s testimony given at a public hear- present. Questions may be propounded by (6) ADMISSIBILITY OF EVIDENCE.— ing. If the testimony was given in executive any person or persons who are authorized to (A) The object of the hearing shall be to as- session, then a transcript copy shall be pro- take depositions for the Committee. If a wit- certain the truth. Any evidence that may be vided upon request, subject to appropriate ness objects to a question and refuses to tes- relevant and probative shall be admissible conditions and restrictions prescribed by the tify, or refuses to produce a document, any unless privileged under the Federal Rules of Chairman and Vice Chairman. If any indi- member of the Committee who is present Evidence. Rules of evidence shall not be ap- vidual violates such conditions and restric- may rule on the objection and, if the objec- plied strictly, but the Presiding Officer shall tions, the Committee may recommend by tion is overruled, direct the witness to an- exclude irrelevant or unduly repetitious tes- majority vote that he or she be cited for con- swer the question or produce the document. timony. Objections going only to the weight tempt of Congress. If no member of the Committee is present, the individual who has been designated by that should be given evidence will not justify RULE 6: SUBPOENAS AND DEPOSITIONS its exclusion. the Chairman and Vice Chairman, acting (a) SUBPOENAS.— jointly, to take the deposition may proceed (B) The Presiding Officer shall rule upon (1) AUTHORIZATION FOR ISSUANCE.—Sub- any question of the admissibility of testi- with the deposition, or may, at that time or poenas for the attendance and testimony of at a subsequent time, seek a ruling by tele- mony or other evidence presented to the witnesses at depositions or hearings, and Committee. Such rulings shall be final un- phone or otherwise on the objection from the subpoenas for the production of documents Chairman or Vice Chairman of the Com- less reversed or modified by a recorded vote and tangible things at depositions, hearings, of not less than four members of the Com- mittee, who may refer the matter to the or other times and places designated therein, Committee or rule on the objection. If the mittee before the recess of that day’s hear- may be authorized for issuance by either (A) ings. Chairman or Vice Chairman, or the Com- a majority vote of the Committee, or (B) the mittee upon referral, overrules the objec- (C) Notwithstanding paragraphs (A) and Chairman and Vice Chairman, acting jointly, tion, the Chairman, Vice Chairman, or the (B), in any matter before the Committee in- at any time during a preliminary inquiry, Committee as the case may be, may direct volving allegations of sexual discrimination, adjudicatory review, or other proceeding. the witness to answer the question or including sexual harassment, or sexual mis- (2) SIGNATURE AND SERVICE.—All subpoenas produce the document. The Committee shall conduct, by a Member, officer, or employee shall be signed by the Chairman or the Vice not initiate procedures leading to civil or within the jurisdiction of the Committee, Chairman and may be served by any person criminal enforcement unless the witness re- the Committee shall be guided by the stand- eighteen years of age or older, who is des- fuses to testify or produce documents after ards and procedures of Rule 412 of the Fed- ignated by the Chairman or Vice Chairman. having been directed to do so. eral Rules of Evidence, except that the Com- Each subpoena shall be served with a copy of (5) FILING OF DEPOSITIONS.—Deposition tes- mittee may admit evidence subject to the the Rules of the Committee and a brief state- timony shall be transcribed or electronically provisions of this paragraph only upon a de- ment of the purpose of the Committee’s pro- recorded. If the deposition is transcribed, the termination of not less than four members of ceeding. individual administering the oath shall cer- the full Committee that the interests of jus- (3) WITHDRAWAL OF SUBPOENA.—The Com- tify on the transcript that the witness was tice require that such evidence be admitted. mittee, by recorded vote of not less than four duly sworn in his or her presence and the (7) SUPPLEMENTARY HEARING PROCE- members of the Committee, may withdraw transcriber shall certify that the transcript DURES.—The Committee may adopt any addi- any subpoena authorized for issuance by it is a true record of the testimony. The tran- tional special hearing procedures that it or authorized for issuance by the Chairman script with these certifications shall be filed deems necessary or appropriate to a par- and Vice Chairman, acting jointly. The with the chief clerk of the Committee, and ticular adjudicatory hearing. Copies of such Chairman and Vice Chairman, acting jointly, the witness shall be furnished with access to supplementary procedures shall be furnished may withdraw any subpoena authorized for a copy at the Committee’s offices for review. to witnesses and respondents, and shall be issuance by them. Upon inspecting the transcript, within a made available upon request to any member (b) DEPOSITIONS.— time limit set by the Chairman and Vice of the public. (1) PERSONS AUTHORIZED TO TAKE DEPOSI- Chairman, acting jointly, a witness may re- (k) TRANSCRIPTS.— TIONS.—Depositions may be taken by any quest in writing changes in the transcript to (1) An accurate stenographic or recorded member of the Committee designated by the correct errors in transcription. The witness transcript shall be made of all public and ex- Chairman and Vice Chairman, acting jointly, may also bring to the attention of the Com- ecutive hearings. Any member of the Com- or by any other person designated by the mittee errors of fact in the witness’s testi- mittee, Committee staff member, outside Chairman and Vice Chairman, acting jointly, mony by submitting a sworn statement counsel retained by the Committee, or wit- including outside counsel, Committee staff, about those facts with a request that it be ness may examine a copy of the transcript other employees of the Senate, or govern- attached to the transcript. The Chairman retained by the Committee of his or her own ment employees detailed to the Committee. and Vice Chairman, acting jointly, may rule remarks and may suggest to the official re- (2) DEPOSITION NOTICES.—Notices for the on the witness’s request, and the changes or porter any typographical or transcription er- taking of depositions shall be authorized by attachments allowed shall be certified by the rors. If the reporter declines to make the re- the Committee, or the Chairman and Vice Committee’s chief clerk. If the witness fails quested corrections, the member, staff mem- Chairman, acting jointly, and issued by the to make any request under this paragraph ber, outside counsel or witness may request Chairman, Vice Chairman, or a Committee within the time limit set, this fact shall be a ruling by the Chairman and Vice Chair- staff member or outside counsel designated noted by the Committee’s chief clerk. Any man, acting jointly. Any member or witness by the Chairman and Vice Chairman, acting person authorized by the Committee may shall return the transcript with suggested jointly. Depositions may be taken at any stipulate with the witness to changes in this corrections to the Committee offices within time during a preliminary inquiry, adjudica- procedure. five working days after receipt of the tran- tory review or other proceeding. Deposition RULE 7: VIOLATIONS OF LAW; PERJURY; LEGIS- script, or as soon thereafter as is practicable. notices shall specify a time and place for ex- LATIVE RECOMMENDATIONS; EDUCATIONAL If the testimony was given in executive ses- amination. Unless otherwise specified, the MANDATE; AND APPLICABLE RULES AND sion, the member or witness may only in- deposition shall be in private, and the testi- STANDARDS OF CONDUCT spect the transcript at a location determined mony taken and documents produced shall (a) VIOLATIONS OF LAW.—Whenever the by the Chairman and Vice Chairman, acting be deemed for the purpose of these rules to Committee determines by the recorded vote jointly. Any questions arising with respect have been received in a closed or executive of not less than four members of the full to the processing and correction of tran- session of the Committee. The Committee Committee that there is reason to believe scripts shall be decided by the Chairman and shall not initiate procedures leading to that a violation of law, including the provi- Vice Chairman, acting jointly. criminal or civil enforcement proceedings for sion of false information to the Committee, (2) Except for the record of a hearing which a witness’s failure to appear, or to testify, or may have occurred, it shall report such pos- is closed to the public, each transcript shall to produce documents, unless the deposition sible violation to the proper Federal and be printed as soon as is practicable after re- notice was accompanied by a subpoena au- state authorities. ceipt of the corrected version. The Chairman thorized for issuance by the Committee, or (b) PERJURY.—Any person who knowingly and Vice Chairman, acting jointly, may the Chairman and Vice Chairman, acting and willfully swears falsely to a sworn com- order the transcript of a hearing to be print- jointly. plaint or any other sworn statement to the ed without the corrections of a member or (3) COUNSEL AT DEPOSITIONS.—Witnesses Committee does so under penalty of perjury. witness if they determine that such member may be accompanied at a deposition by coun- The Committee may refer any such case to or witness has been afforded a reasonable sel to advise them of their rights. the Attorney General for prosecution.

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(c) LEGISLATIVE RECOMMENDATIONS.—The as may be necessary to prevent the unau- record shall be made identifying the Member Committee shall recommend to the Senate thorized disclosure of classified information of the Senate requesting such documents or by report or resolution such additional rules, in the possession of the Committee or its materials and describing what was made regulations, or other legislative measures as staff. Procedures for handling such informa- available and to whom. it determines to be necessary or desirable to tion shall be in writing and a copy of the (d) NON-DISCLOSURE POLICY AND AGREE- ensure proper standards of conduct by Mem- procedures shall be given to each staff mem- MENT.— bers, officers, or employees of the Senate. ber cleared for access to classified informa- (1) Except as provided in the last sentence The Committee may conduct such inquiries tion. of this paragraph, no member of the Select as it deems necessary to prepare such a re- (3) Each member of the Committee shall Committee on Ethics, its staff or any person port or resolution, including the holding of have access to classified material in the engaged by contract or otherwise to perform hearings in public or executive session and Committee’s possession. Only Committee services for the Select Committee on Ethics the use of subpoenas to compel the attend- staff members with appropriate security shall release, divulge, publish, reveal by ance of witnesses or the production of mate- clearances and a need-to-know, as approved writing, word, conduct, or disclose in any rials. The Committee may make legislative by the Chairman and Vice Chairman, acting way, in whole, or in part, or by way of sum- recommendations as a result of its findings jointly, shall have access to classified infor- mary, during tenure with the Select Com- in a preliminary inquiry, adjudicatory re- mation in the Committee’s possession. mittee on Ethics or anytime thereafter, any testimony given before the Select Com- view, or other proceeding. (c) PROCEDURES FOR HANDLING COMMITTEE mittee on Ethics in executive session (in- (d) EDUCATIONAL MANDATE.—The Com- SENSITIVE AND CLASSIFIED DOCUMENTS.— mittee shall develop and implement pro- (1) Committee Sensitive documents and cluding the name of any witness who ap- grams and materials designed to educate materials shall be stored in the Committee’s peared or was called to appear in executive Members, officers, and employees about the offices, with appropriate safeguards for session), any classified or Committee Sen- laws, rules, regulations, and standards of maintaining the security of such documents sitive information, document or material, received or generated by the Select Com- conduct applicable to such individuals in the or materials. Classified documents and mate- mittee on Ethics or any classified or Com- performance of their duties. rials shall be further segregated in the Com- mittee Sensitive information which may (e) APPLICABLE RULES AND STANDARDS OF mittee’s offices in secure filing safes. Re- come into the possession of such person dur- CONDUCT.— moval from the Committee offices of such ing tenure with the Select Committee on (1) Notwithstanding any other provision of documents or materials is prohibited except Ethics or its staff. Such information, docu- this section, no adjudicatory review shall be as necessary for use in, or preparation for, ments, or material may be released to an of- initiated of any alleged violation of any law, interviews or Committee meetings, including ficial of the executive branch properly the Senate Code of Official Conduct, rule, or the taking of testimony, or as otherwise spe- cleared for access with a need-to-know, for regulation which was not in effect at the cifically approved by the staff director or by time the alleged violation occurred. No pro- any purpose or in connection with any pro- outside counsel designated by the Chairman ceeding, judicial or otherwise, as authorized visions of the Senate Code of Official Con- and Vice Chairman. duct shall apply to or require disclosure of by the Select Committee on Ethics, or in the (2) Each member of the Committee shall event of termination of the Select Com- any act, relationship, or transaction which have access to all materials in the Commit- mittee on Ethics, in such a manner as may occurred prior to the effective date of the ap- tee’s possession. The staffs of members shall be determined by its successor or by the Sen- plicable provision of the Code. not have access to Committee Sensitive or (2) The Committee may initiate an adju- ate. classified documents and materials without (2) No member of the Select Committee on dicatory review of any alleged violation of a the specific approval in each instance of the Ethics staff or any person engaged by con- rule or law which was in effect prior to the Chairman, and Vice Chairman, acting joint- tract or otherwise to perform services for the enactment of the Senate Code of Official ly. Members may examine such materials in Select Committee on Ethics, shall be grant- Conduct if the alleged violation occurred the Committee’s offices. If necessary, re- ed access to classified or Committee Sen- while such rule or law was in effect and the quested materials may be hand delivered by sitive information or material in the posses- violation was not a matter resolved on the a member of the Committee staff to the sion of the Select Committee on Ethics un- merits by the predecessor Committee. member of the Committee, or to a staff per- less and until such person agrees in writing, RULE 8: PROCEDURES FOR HANDLING COMMITTEE son(s) specifically designated by the mem- as a condition of employment, to the non- SENSITIVE AND CLASSIFIED MATERIALS ber, for the Member’s or designated staffer’s disclosure policy. The agreement shall be- (a) PROCEDURES FOR HANDLING COMMITTEE examination. A member of the Committee come effective when signed by the Chairman SENSITIVE MATERIALS.— who has possession of Committee Sensitive and Vice Chairman on behalf of the Com- (1) Committee Sensitive information or documents or materials shall take appro- mittee. material is information or material in the priate safeguards for maintaining the secu- RULE 9: BROADCASTING AND NEWS COVERAGE OF possession of the Select Committee on Eth- rity of such documents or materials in the COMMITTEE PROCEEDINGS ics which pertains to illegal or improper con- possession of the Member or his or her des- (a) Whenever any hearing or meeting of the duct by a present or former Member, officer, ignated staffer. Committee is open to the public, the Com- or employee of the Senate; to allegations or (3) Committee Sensitive documents that mittee shall permit that hearing or meeting accusations of such conduct; to any resulting are provided to a Member of the Senate in to be covered in whole or in part, by tele- preliminary inquiry, adjudicatory review or connection with a complaint that has been vision broadcast, radio broadcast, still pho- other proceeding by the Select Committee filed against the Member shall be hand deliv- tography, or by any other methods of cov- on Ethics into such allegations or conduct; ered to the Member or to the Member’s Chief erage, unless the Committee decides by re- to the investigative techniques and proce- of Staff or Administrative Assistant. Com- corded vote of not less than four members of dures of the Select Committee on Ethics; or mittee Sensitive documents that are pro- the Committee that such coverage is not ap- to other information or material designated vided to a Member of the Senate who is the propriate at a particular hearing or meeting. by the staff director, or outside counsel des- subject of a preliminary inquiry, adjudica- (b) Any witness served with a subpoena by ignated by the Chairman and Vice Chairman. tory review, or other proceeding, shall be the Committee may request not to be photo- (2) The Chairman and Vice Chairman of the hand delivered to the Member or to his or graphed at any hearing or to give evidence or Committee shall establish such procedures her specifically designated representative. testimony while the broadcasting, reproduc- as may be necessary to prevent the unau- (4) Any Member of the Senate who is not a tion, or coverage of that hearing, by radio, thorized disclosure of Committee Sensitive member of the Committee and who seeks ac- television, still photography, or other meth- information in the possession of the Com- cess to any Committee Sensitive or classi- ods is occurring. At the request of any such mittee or its staff. Procedures for protecting fied documents or materials, other than doc- witness who does not wish to be subjected to Committee Sensitive materials shall be in uments or materials which are matters of radio, television, still photography, or other writing and shall be given to each Com- public record, shall request access in writing. methods of coverage, and subject to the ap- mittee staff member. The Committee shall decide by majority proval of the Committee, all lenses shall be (b) PROCEDURES FOR HANDLING CLASSIFIED vote whether to make documents or mate- covered and all microphones used for cov- MATERIALS.— rials available. If access is granted, the erage turned off. (1) Classified information or material is in- Member shall not disclose the information (c) If coverage is permitted, it shall be in formation or material which is specifically except as authorized by the Committee. accordance with the following requirements: designated as classified under the authority (5) Whenever the Committee makes Com- (1) Photographers and reporters using me- of Executive Order 11652 requiring protection mittee Sensitive or classified documents or chanical recording, filming, or broadcasting of such information or material from unau- materials available to any Member of the apparatus shall position their equipment so thorized disclosure in order to prevent dam- Senate who is not a member of the Com- as not to interfere with the seating, vision, age to the United States. mittee, or to a staff person of a Committee and hearing of the Committee members and (2) The Chairman and Vice Chairman of the member in response to a specific request to staff, or with the orderly process of the Committee shall establish such procedures the Chairman and Vice Chairman, a written meeting or hearing.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4670 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 27, 2007 (2) If the television or radio coverage of the (3) Each advisory opinion issued by the rulings or give advice, orally or in writing, hearing or meeting is to be presented to the Committee shall be promptly transmitted which binds the Committee in any way. public as live coverage, the coverage shall be for publication in the Congressional Record RULE 12: PROCEDURES FOR COMPLAINTS INVOLV- conducted and presented without commer- after appropriate deletions are made to in- ING IMPROPER USE OF THE MAILING FRANK cial sponsorship. sure confidentiality. The Committee may at (a) AUTHORITY TO RECEIVE COMPLAINTS.— (3) Personnel providing coverage by the any time revise, withdraw, or elaborate on The Committee is directed by section 6(b) of television and radio media shall be currently any advisory opinion. Public Law 93–191 to receive and dispose of accredited to the Radio and Television Cor- (e) RELIANCE ON ADVISORY OPINIONS.— respondents’ Galleries. (1) Any advisory opinion issued by the complaints that a violation of the use of the (4) Personnel providing coverage by still Committee under Senate Resolution 338, 88th mailing frank has occurred or is about to photography shall be currently accredited to Congress, as amended, and the rules may be occur by a Member or officer of the Senate the Press Photographers’ Gallery Committee relied upon by— or by a surviving spouse of a Member. All of Press Photographers. (A) Any person involved in the specific such complaints will be processed in accord- (5) Personnel providing coverage by the transaction or activity with respect to which ance with the provisions of these Rules, ex- television and radio media and by still pho- such advisory opinion is rendered if the re- cept as provided in paragraph (b). tography shall conduct themselves and the quest for such advisory opinion included a (b) DISPOSITION OF COMPLAINTS.— coverage activities in an orderly and unob- complete and accurate statement of the spe- (1) The Committee may dispose of any such trusive manner. cific factual situation; and complaint by requiring restitution of the RULE 10: PROCEDURES FOR ADVISORY OPINIONS (B) any person involved in any specific cost of the mailing, pursuant to the franking (a) WHEN ADVISORY OPINIONS ARE REN- transaction or activity which is indistin- statute, if it finds that the franking viola- DERED.— guishable in all its material aspects from the tion was the result of a mistake. (1) The Committee shall render an advisory transaction or activity with respect to which (2) Any complaint disposed of by restitu- opinion, in writing within a reasonable time, such advisory opinion is rendered. tion that is made after the Committee has in response to a written request by a Member (2) Any person who relies upon any provi- formally commenced an adjudicatory review, or officer of the Senate or a candidate for sion or finding of an advisory opinion in ac- must be summarized, together with the dis- nomination for election, or election to the cordance with the provisions of Senate Reso- position, in a report to the Senate, as appro- Senate, concerning the application of any lution 338, 88th Congress, as amended, and of priate. law, the Senate Code of Official Conduct, or the rules, and who acts in good faith in ac- (3) If a complaint is disposed of by restitu- any rule or regulation of the Senate within cordance with the provisions and findings of tion, the complainant, if any, shall be noti- the Committee’s jurisdiction, to a specific such advisory opinion shall not, as a result fied of the disposition in writing. factual situation pertinent to the conduct or of any such act, be subject to any sanction (c) ADVISORY OPINIONS AND INTERPRETATIVE proposed conduct of the person seeking the by the Senate. RULINGS.—Requests for advisory opinions or advisory opinion. interpretative rulings involving franking RULE 11: PROCEDURES FOR INTERPRETATIVE (2) The Committee may issue an advisory questions shall be processed in accordance RULINGS opinion in writing within a reasonable time with Rules 10 and 11. (a) BASIS FOR INTERPRETATIVE RULINGS.— in response to a written request by any em- RULE 13: PROCEDURES FOR WAIVERS ployee of the Senate concerning the applica- Senate Resolution 338, 88th Congress, as tion of any law, the Senate Code of Official amended, authorizes the Committee to issue (a) AUTHORITY FOR WAIVERS.—The Com- Conduct, or any rule or regulation of the interpretative rulings explaining and clari- mittee is authorized to grant a waiver under Senate within the Committee’s jurisdiction, fying the application of any law, the Code of the following provisions of the Standing to a specific factual situation pertinent to Official Conduct, or any rule or regulation of Rules of the Senate: the conduct or proposed conduct of the per- the Senate within its jurisdiction. The Com- (1) Section 101(h) of the Ethics in Govern- son seeking the advisory opinion. mittee also may issue such rulings clarifying ment Act of 1978, as amended (rule XXXIV), (b) FORM OF REQUEST.—A request for an ad- or explaining any rule or regulation of the relating to the filing of financial disclosure visory opinion shall be directed in writing to Select Committee on Ethics. reports by individuals who are expected to the Chairman of the Committee and shall in- (b) REQUEST FOR RULING.—A request for perform or who have performed the duties of clude a complete and accurate statement of such a ruling must be directed in writing to their offices or positions for less than one the specific factual situation with respect to the Chairman or Vice Chairman of the Com- hundred and thirty days in a calendar year; which the request is made as well as the spe- mittee. (2) Section 102(a)(2)(D) of the Ethics in cific question or questions which the re- (c) ADOPTION OF RULING.— Government Act, as amended (rule XXXIV), questor wishes the Committee to address. (1) The Chairman and Vice Chairman, act- relating to the reporting of gifts; (c) OPPORTUNITY FOR COMMENT.— ing jointly, shall issue a written interpreta- (3) Paragraph 1 of rule XXXV relating to (1) The Committee will provide an oppor- tive ruling in response to any such request, acceptance of gifts; or tunity for any interested party to comment unless— (4) Paragraph 5 of rule XLI relating to ap- on a request for an advisory opinion— (A) they cannot agree, plicability of any of the provisions of the (A) which requires an interpretation on a (B) it requires an interpretation of a sig- Code of Official Conduct to an employee of significant question of first impression that nificant question of first impression, or the Senate hired on a per diem basis. will affect more than a few individuals; or (C) either requests that it be taken to the (b) REQUESTS FOR WAIVERS.—A request for (B) when the Committee determines that Committee, in which event the request shall a waiver under paragraph (a) must be di- comments from interested parties would be be directed to the Committee for a ruling. rected to the Chairman or Vice Chairman in of assistance. (2) A ruling on any request taken to the writing and must specify the nature of the (2) Notice of any such request for an advi- Committee under subparagraph (1) shall be waiver being sought and explain in detail the sory opinion shall be published in the Con- adopted by a majority of the members voting facts alleged to justify a waiver. In the case gressional Record, with appropriate dele- and the ruling shall then be issued by the of a request submitted by an employee, the tions to insure confidentiality, and inter- Chairman and Vice Chairman. views of his or her supervisor (as determined ested parties will be asked to submit their (d) PUBLICATION OF RULINGS.—The Com- under paragraph 12 of rule XXXVII of the comments in writing to the Committee with- mittee will publish in the Congressional Standing Rules of the Senate) should be in- in ten days. (3) All relevant comments received on a Record, after making appropriate deletions cluded with the waiver request. timely basis will be considered. to ensure confidentiality, any interpretative (c) RULING.—The Committee shall rule on a (d) ISSUANCE OF AN ADVISORY OPINION.— rulings issued under this Rule which the waiver request by recorded vote with a ma- (1) The Committee staff shall prepare a Committee determines may be of assistance jority of those voting affirming the decision. proposed advisory opinion in draft form or guidance to other Members, officers or With respect to an individual’s request for a which will first be reviewed and approved by employees. The Committee may at any time waiver in connection with the acceptance or the Chairman and Vice Chairman, acting revise, withdraw, or elaborate on interpreta- reporting the value of gifts on the occasion jointly, and will be presented to the Com- tive rulings. of the individual’s marriage, the Chairman mittee for final action. If (A) the Chairman (e) RELIANCE ON RULINGS.—Whenever an in- and the Vice Chairman, acting jointly, may and Vice Chairman cannot agree, or (B) ei- dividual can demonstrate to the Commit- rule on the waiver. ther the Chairman or Vice Chairman re- tee’s satisfaction that his or her conduct was (d) AVAILABILITY OF WAIVER DETERMINA- quests that it be taken directly to the Com- in good faith reliance on an interpretative TIONS.—A brief description of any waiver mittee, then the proposed advisory opinion ruling issued in accordance with this Rule, granted by the Committee, with appropriate shall be referred to the Committee for its de- the Committee will not recommend sanc- deletions to ensure confidentiality, shall be cision. tions to the Senate as a result of such con- made available for review upon request in (2) An advisory opinion shall be issued only duct. the Committee office. Waivers granted by by the affirmative recorded vote of a major- (f) RULINGS BY COMMITTEE STAFF.—The the Committee pursuant to the Ethics in ity of the members voting. Committee staff is not authorized to make Government Act of 1978, as amended, may

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4671 only be granted pursuant to a publicly avail- Senate (or by any department or agency of cers of the Senate; and surviving spouses of able request as required by the Act. the Executive Branch of the Government) Senators; RULE 14: DEFINITION OF ‘‘OFFICER OR whenever the Committee determines that (e) Senate Resolution 400, 94th Congress, EMPLOYEE’’ the retention of outside counsel is necessary Section 8, relating to unauthorized disclo- sure of classified intelligence information in (a) As used in the applicable resolutions or appropriate for any action regarding any complaint or allegation, preliminary in- the possession of the Select Committee on and in these rules and procedures, the term Intelligence; ‘‘officer or employee of the Senate’’ means: quiry, adjudicatory review, or other pro- ceeding, which in the determination of the (f) Public Law 95–105, Section 515, relating (1) An elected officer of the Senate who is to the receipt and disposition of foreign gifts not a Member of the Senate; Committee, is more appropriately conducted by counsel not employed by the Government and decorations received by Senate mem- (2) An employee of the Senate, any com- bers, officers and employees and their mittee or subcommittee of the Senate, or of the United States as a regular employee. The Committee shall retain and compensate spouses or dependents; any Member of the Senate; (g) Preamble to Senate Resolution 266, 90th outside counsel to conduct any adjudicatory (3) The Legislative Counsel of the Senate Congress, 2d Session, March 22, 1968; and or any employee of his office; review undertaken after a preliminary in- (h) The Code of Ethics for Government (4) An Official Reporter of Debates of the quiry, unless the Committee determines that Service, H. Con. Res. 175, 85th Congress, 2d Senate and any person employed by the Offi- the use of outside counsel is not appropriate Session, July 11, 1958 (72 Stat. B12). Except cial Reporters of Debates of the Senate in in the particular case. that S. Res. 338, as amended by Section 202 of connection with the performance of their of- (c) DISMISSAL OF STAFF.—A staff member S. Res. 110 (April 2, 1977), and as amended by ficial duties; may not be removed for partisan, political Section 3 of S. Res. 222 (1999), provides: (5) A member of the Capitol Police force reasons, or merely as a consequence of the (g) Notwithstanding any other provision of whose compensation is disbursed by the Sec- rotation of the Committee membership. The this section, no adjudicatory review shall be retary of the Senate; Chairman and Vice Chairman, acting jointly, initiated of any alleged violation of any law, (6) An employee of the Vice President, if shall approve the dismissal of any staff the Senate Code of Official Conduct, rule, or such employee’s compensation is disbursed member. regulation which was not in effect at the by the Secretary of the Senate; (d) STAFF WORKS FOR COMMITTEE AS time the alleged violation occurred. No pro- (7) An employee of a joint committee of WHOLE.—All staff employed by the Com- visions of the Senate Code of Official Con- the Congress whose compensation is dis- mittee or housed in Committee offices shall duct shall apply to or require disclosure of bursed by the Secretary of the Senate; work for the Committee as a whole, under any act, relationship, or transaction which (8) An officer or employee of any depart- the general direction of the Chairman and occurred prior to the effective date of the ap- ment or agency of the Federal Government Vice Chairman, and the immediate direction plicable provision of the Code. The Select whose services are being utilized on a full- of the staff director or outside counsel. Committee may initiate an adjudicatory re- time and continuing basis by a Member, offi- (e) NOTICE OF SUMMONS TO TESTIFY.—Each view of any alleged violation of a rule or law cer, employee, or committee of the Senate in member of the Committee staff or outside which was in effect prior to the enactment of accordance with rule XLI(3) of the Standing counsel shall immediately notify the Com- the Senate Code of Official Conduct if the al- Rules of the Senate; and mittee in the event that he or she is called leged violation occurred while such rule or (9) Any other individual whose full-time upon by a properly constituted authority to law was in effect and the violation was not a services are utilized for more than ninety testify or provide confidential information matter resolved on the merits by the prede- days in a calendar year by a Member, officer, obtained as a result of and during his or her cessor Select Committee. employee, or committee of the Senate in the employment with the Committee. APPENDIX A—OPEN AND CLOSED conduct of official duties in accordance with RULE 16: CHANGES IN SUPPLEMENTARY MEETINGS rule XLI(4) of the Standing Rules of the Sen- PROCEDURAL RULES Paragraphs 5 (b) to (d) of rule XXVI of the ate. (a) ADOPTION OF CHANGES IN SUPPLE- Standing Rules of the Senate reads as fol- RULE 15: COMMITTEE STAFF MENTARY RULES.—The Rules of the Com- lows: (b) Each meeting of a standing, select, or (a) COMMITTEE POLICY.— mittee, other than rules established by stat- (1) The staff is to be assembled and re- ute, or by the Standing Rules and Standing special committee of the Senate, or any sub- committee thereof, including meetings to tained as a permanent, professional, non- Orders of the Senate, may be modified, conduct hearings, shall be open to the public, partisan staff. amended, or suspended at any time, pursuant except that a meeting or series of meetings (2) Each member of the staff shall be pro- to a recorded vote of not less than four mem- by a committee or a subcommittee thereof fessional and demonstrably qualified for the bers of the full Committee taken at a meet- on the same subject for a period of no more position for which he or she is hired. ing called with due notice when prior written than fourteen calendar days may be closed to (3) The staff as a whole and each member notice of the proposed change has been pro- the public on a motion made and seconded to of the staff shall perform all official duties vided each member of the Committee. go into closed session to discuss only wheth- in a nonpartisan manner. (b) PUBLICATION.—Any amendments adopt- er the matters enumerated in classes (1) (4) No member of the staff shall engage in ed to the Rules of this Committee shall be through (6) would require the meeting to be any partisan political activity directly af- published in the Congressional Record in ac- closed followed immediately by a record vote fecting any congressional or presidential cordance with rule XXVI(2) of the Standing election. in open session by a majority of the members Rules of the Senate. of the committee or subcommittee when it is (5) No member of the staff or outside coun- SELECT COMMITTEE ON ETHICS sel may accept public speaking engagements determined that the matters to be discussed or write for publication on any subject that PART III—SUBJECT MATTER JURISDICTION or the testimony to be taken at such meet- ing or meetings— is in any way related to his or her employ- Following are sources of the subject mat- (1) will disclose matters necessary to be ment or duties with the Committee without ter jurisdiction of the Select Committee: (a) The Senate Code of Official Conduct ap- kept secret in the interests of national de- specific advance permission from the Chair- fense or the confidential conduct of the for- man and Vice Chairman. proved by the Senate in Title I of S. Res. 110, 95th Congress, April 1, 1977, as amended, and eign relations of the United States; (6) No member of the staff may make pub- (2) will relate solely to matters of com- stated in Rules 34 through 43 of the Standing lic, without Committee approval, any Com- mittee staff personnel or internal staff man- Rules of the Senate; mittee Sensitive or classified information, agement or procedure; documents, or other material obtained dur- (b) Senate Resolution 338, 88th Congress, as (3) will tend to charge an individual with ing the course of his or her employment with amended, which states, among others, the crime or misconduct, to disgrace or injure the Committee. duties to receive complaints and investigate the professional standing of an individual, or (b) APPOINTMENT OF STAFF.— allegations of improper conduct which may otherwise to expose an individual to public (1) The appointment of all staff members reflect on the Senate, violations of law, vio- contempt or obloquy, or will represent a shall be approved by the Chairman and Vice lations of the Senate Code of Official Con- clearly unwarranted invasion of the privacy Chairman, acting jointly. duct and violations of rules and regulations of an individual; (2) The Committee may determine by ma- of the Senate; recommend disciplinary ac- (4) will disclose the identity of any in- jority vote that it is necessary to retain staff tion; and recommend additional Senate former or law enforcement agent or will dis- members, including a staff recommended by Rules or regulations to insure proper stand- close any information relating to the inves- a special counsel, for the purpose of a par- ards of conduct; tigation or prosecution of a criminal offense ticular preliminary inquiry, adjudicatory re- (c) Residual portions of Standing Rules 41, that is required to be kept secret in the in- view, or other proceeding. Such staff shall be 42, 43 and 44 of the Senate as they existed on terests of effective law enforcement; retained only for the duration of that par- the day prior to the amendments made by (5) will disclose information relating to the ticular undertaking. Title I of S. Res. 110; trade secrets or financial or commercial in- (3) The Committee is authorized to retain (d) Public Law 93–191 relating to the use of formation pertaining specifically to a given and compensate counsel not employed by the the mail franking privilege by Senators, offi- person if—

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4672 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 27, 2007 (A) an Act of Congress requires the infor- brave men and women who fought to I rise today to commemorate Keith, mation to be kept confidential by Govern- free Iraq and to secure a new democ- to celebrate his life, and to offer his ment officers and employees; or racy in the Middle East. He exhibited family our support and our deepest (B) the information has been obtained by unwavering courage, dutiful service to sympathy on their tragic loss. the Government on a confidential basis, other than through an application by such his country, and above all else, honor. SPECIALIST TRAVIS VAUGHN person for a specific Government financial or In the way he lived his life—and how Mr. GRASSLEY. Mr. President, other benefit, and is required to be kept se- we remember him—Keith reminds each today I would like to honor SPC Travis cret in order to prevent undue injury to the of us just how good we can be. Vaughn, who died on February 18, 2007, competitive position of such person; or Keith was born to Pamela and Dar- in a helicopter crash while fighting in (6) may divulge matters required to be rell Fiscus in Glendale, CA, in 1980. His Afghanistan. A Cedar Falls, IA, native, kept confidential under other provisions of family moved to Townsend, DE, in 1998. law or Government regulations. Travis served proudly and with distinc- He was the second oldest of four chil- tion during Operation Enduring Free- (c) Whenever any hearing conducted by dren and is survived by an 18-year-old any such committee or subcommittee is dom. open to the public, that hearing may be brother, Jordan, and two sisters, With bravery and valor, Travis ac- broadcast by radio or television, or both, Korrie, 16, and Dena, 28. My heart goes cepted the call to defend America under such rules as the committee or sub- out to each of them. against those who seek to undermine committee may adopt. Keith finished his senior year at our values, our democracy, and our (d) Whenever disorder arises during a com- Glasgow High School in Newark, DE, way of life. In Afghanistan, he and oth- mittee meeting that is open to the public, or and graduated in 1998. After his gradua- ers from the 160th Special Operations any demonstration of approval or dis- tion, Keith took a job in the produce approval is indulged in by any person in at- Aviation Regiment out of Fort Camp- department at Genuardi’s supermarket bell, KY, served their country in a dan- tendance at any such meeting, it shall be the in Glasgow, DE, and then worked as a duty of the Chair to enforce order on his own gerous part of the world, helping to customer service representative for a initiative and without any point of order make the rest of the world a safer being made by a Senator. When the Chair major credit card company. He en- place. Sadly, Travis’s service to his finds it necessary to maintain order, he shall rolled in business classes at Delaware country cost him his life, forever earn- Technical & Community College but have the power to clear the room, and the ing him the gratitude of the American committee may act in closed session for so soon decided that his interests didn’t people. long as there is doubt of the assurance of include sitting behind a desk in an of- order. Travis is remembered fondly and will fice or classroom. be greatly missed. A longtime friend of APPENDIX B—‘‘SUPERVISORS’’ DEFINED Inspired by his grandparents’ service Travis recently said of him, ‘‘He was in the Armed Forces, Keith joined the Paragraph 12 of rule XXXVII of the Stand- always there to help anybody that he ing Rules of the Senate reads as follows: Army in 2002. After graduating from could and do whatever he could to For purposes of this rule— boot camp, he was assigned to the 1st (a) a Senator or the Vice President is the Battalion, 27th Infantry Regiment, 3rd make people happy.’’ Still other supervisor of his administrative, clerical, or Brigade, 25th Infantry Division based friends recalled Travis’s fondness for other assistants; out of Schofield Barracks in Hawaii. He adventurous recreational activities. (b) a Senator who is the chairman of a These qualities made Travis well-suit- committee is the supervisor of the profes- was deployed to Iraq and served with distinction for the duration of his 14- ed for military service, and certainly sional, clerical, or other assistants to the we were fortunate to have a man of committee except that minority staff mem- month tour. bers shall be under the supervision of the While serving in Iraq, Keith decided such drive and ability serving in the ranking minority Senator on the committee; to reenlist in the Army. After return- U.S. Army. (c) a Senator who is a chairman of a sub- ing to the States, Keith received train- On behalf of all Iowans and people committee which has its own staff and finan- ing on how to identify and disarm ex- throughout this country, I offer my cial authorization is the supervisor of the plosives. Keith volunteered to serve a heartfelt condolences to Travis professional, clerical, or other assistants to second tour of duty in Iraq and was de- Vaughn’s friends and family. In par- the subcommittee except that minority staff ployed again in August of 2006. He was ticular, my thoughts and prayers go members shall be under the supervision of out to his wife Heather, his stepson the ranking minority Senator on the sub- scheduled to return home in February committee; of 2007. Taylin, his father Brad, and mother (d) the President pro tempore is the super- On December 2, 2006, Keith was serv- Christine. They should know that the visor of the Secretary of the Senate, Ser- ing as a machine gunner for an explo- entire Nation stands behind them dur- geant at Arms and Doorkeeper, the Chaplain, sive ordinance disposal team on their ing this time of mourning. His loss is the Legislative Counsel, and the employees way to clear a suspected roadside bomb indeed tragic, but he will be remem- of the Office of the Legislative Counsel; near the city of Taji. An improvised ex- bered as a hero and a patriot. (e) the Secretary of the Senate is the su- plosive device was triggered near the f pervisor of the employees of his office; (f) the Sergeant at Arms and Doorkeeper is humvee he was riding in, and Sergeant STOLEN VALOR ACT the supervisor of the employees of his office; Fiscus was killed instantly. (g) the Majority and Minority Leaders and Contrary to his tough-looking tat- Mr. CONRAD. Mr. President, I would the Majority and Minority Whips are the su- toos and love of heavy metal music, like to comment today on the Stolen pervisors of the research, clerical, and other Keith was a fun-loving, caring, and sen- Valor Act of 2005 that was signed into assistants assigned to their respective of- sitive young man. He was described by law by President Bush on December 20, fices; those that knew him as a hopeless ro- 2006. I am extremely proud of author- (h) the Majority Leader is the supervisor of mantic who loved the camaraderie of ing the Senate version of this legisla- the Secretary for the Majority and the Sec- the Army and spending time with fam- tion that ultimately became law. The retary for the Majority is the supervisor of new law that has resulted from the the employees of his office; and ily and friends. He was also an avid (i) the Minority Leader is the supervisor of golfer and fisherman. Stolen Valor Act strengthens and ex- the Secretary for the Minority and the Sec- Sergeant Fiscus was also an excellent pands the protections for our Armed retary for the Minority is the supervisor of soldier. He was an expert rifleman who Forces military service awards and the employees of his office. received numerous recognitions during decorations. f his Army career: Army Good Conduct Since the Stolen Valor Act was Medal, National Defense Service signed into law, there have been re- HONORING OUR ARMED FORCES Medal, Iraq Campaign Medal, Global ports of concerns raised by medal col- SERGEANT KEITH E. FISCUS War on Terrorism Service Medal, Army lectors, historians, museums, family Mr. CARPER. Mr. President, I rise Service Ribbon, Overseas Service Rib- members that inherit medals, and per- today to reflect on the life and service bon, and Combat Infantryman Badge. sons legitimately possessing, shipping, of Army SGT Keith E. Fiscus. Keith The Purple Heart and the Bronze Star or selling military service awards and epitomized the best of our country’s were awarded posthumously. decorations. I would like to make it

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clear for the RECORD that the intent or collecting officially made medals We hope this information is responsive to and effect of my legislation and the re- and insignia, whether they were made your request. If we may be of further assist- sulting law is only to provide the tools yesterday or 50 years ago. ance, please call. law enforcement need to prosecute JOHN R. LUCKEY, In closing, I again want to assure Legislative Attorney. those fraudulently using military serv- those legitimately in possession of sell- f ice awards they did not earn through ing, displaying, or shipping military service to our Armed Forces. It does service awards that the Stolen Valor NATIONAL EYE DONOR MONTH not in any way restrict legitimate pos- Act is only directed at those who Mr. BROWN. Mr. President, March is session, use, shipment, or display of fraudulently use military service National Eye Donor Month, an oppor- these awards and decorations. awards and decorations. I have been to tunity to celebrate the gift of sight, to Before the law was enacted, my legis- Walter Reed Hospital, Bethesda Naval honor past donors and their families, lation was reviewed by the Senate Ju- Hospital, and have awarded numerous and to raise public awareness regarding diciary Committee, the House Judici- awards and decorations to soldiers and the importance of eye donation. We in ary Committee, the Department of Jus- veterans. These brave men and women the Senate can help ensure a sufficient tice, and the Congressional Research have given so much to ensure our free- supply of precious corneas by edu- Service’s American Law Division. All doms. I strongly believe protecting the cating the public about the importance concluded that the Stolen Valor legis- meaning and valor of military service of eye donation and encouraging more lation does not negatively impact awards is a very important way we can Americans to become organ donors. those legitimately in possession of continue to honor their service and Last year, more than 46,000 Ameri- military service awards and decora- sacrifice. cans had their lives renewed and rein- tions. I ask unanimous consent that a vigorated through the miracle of cor- Although the new law modifies title memo from the American Law Division neal transplantation. This surgical pro- 18 USC, section 704, it does not impact at Congressional Research Service sup- cedure gives those people who have the legitimate purchase, sale, or pos- porting this analysis be printed in the lost, or are losing, their vision the life- session of medals. The key part of this RECORD at the conclusion of my re- changing gift of restored sight. passage is the phrase, ‘‘except when au- marks. For more than 30 years, Teresa Wal- thorized under regulations made pursu- ton, an Ohio resident, lived without ant to law.’’ That exception refers to 32 There being no objection, the mate- rial was ordered to be printed in the depth perception and with the stigma Code of Federal Regulations (CFR), of an altered appearance, because a section 507. I believe the concerns RECORD, as follows: CONGRESSIONAL RESEARCH SERVICE, viral infection stole the vision in her raised by collectors and dealers of mili- Washington, DC, September 21, 2006. left eye. At the age of 15, while most tary medals and memorabilia may To: Hon. Kent Conrad; Attention: Shawn other children were enjoying high stem from lack of familiarity with the Ferguson. school sports and anxiously awaiting CFR and its relationship to statutory From: John R. Luckey, Legislative Attor- the day they could earn their driver’s law. The CFR is the regulation that ney, American Law Division. license, Teresa was unable to recognize implements and administers statutory Subject: The Stolen Valor Act of 2005. when someone approached her from the provisions, in this case, the provisions This memorandum is furnished in response left, nor could she easily navigate a set of 18 USC section 704 as amended by to your request for a review of the impact of of stairs. the Stolen Valor Act. enactment of the Stolen Valor Act of 2005 Finally, in her forties, Teresa decided The CFR specifically states in sec- upon collectors of military service medals it was time for a transplant. Because of who are currently acting in compliance with tion 507.12(b), ‘‘Mere possession by a the transplant she received in Spring- person of any of the articles prescribed federal regulations. The Bill would amend the federal criminal code expand the prohibi- field, OH, the vision in Teresa’s left eye in Sec. 507.8 of this part is authorized tion against wearing, manufacturing, or sell- was restored. With the return of her provided that such possession is not ing military decorations or medals without depth perception, Teresa can now eas- used to defraud or misrepresent the legal authorization to prohibit purchasing, ily light the candles on her three identification or status of the individ- soliciting. mailing, shipping, importing, ex- daughters’ birthday cakes. She is no uals concerned.’’ According to numer- porting, producing blank certificates of re- longer self-conscious about the appear- ous legal experts consulted on the ceipt for, advertising, trading, bartering, or ance of her left eye. And as a teacher, exchanging such decorations or medals with- drafting of the Stolen Valor legisla- she can now recognize when one of her tion, ‘‘mere possession’’ would include out authorization. It would prohibit falsely representing oneself as having been awarded students is standing next to her. family members who inherit medals, any decoration or medal authorized by Con- Through the tireless efforts of the museums, collectors, approved medals gress for the Armed Forces or any of the eye banks located throughout the dealers, historians, and other persons service medals or badges. The penalties for country, and the coordinated efforts of in possession or selling medals that do violations, if the offense involves a distin- the Eye Bank Association of America, not use them for fraudulent purposes. guished service cross, an Air Force Cross, a Teresa Walton and thousands upon In addition, CFR Sec. 507.8(a) indicates, Navy Cross, a silver star, or a Purple Heart, thousands of Americans like her have ‘‘the articles listed in paragraphs (a) (1) would be increased. rediscovered the many joys full vision through (10) of this section are author- The current provision of title 18 states: affords. ized for manufacture and sale when ‘‘SEC. 704. Military medals or decorations The power of cornea transplantation made in accordance with approved ‘‘(a) IN GENERAL.—Whoever knowingly is evident in Teresa’s story, but it is specifications, purchase descriptions or wears, manufactures, or sells any decoration only possible if concerned Americans or medal authorized by Congress for the drawings.’’ aimed forces of the United States, or any of register as an organ donor and, subse- The articles listed as authorized for the service medals or badges awarded to the quently, inform their family members manufacture and sale in Sec. 507.8(a) members of such forces, or the ribbon, but- and loved ones of their intention to do- include decorations, service medals, ton, or rosette of any such badge, decoration nate. ribbons, lapel buttons, and badges with or medal, or any colorable imitation thereof, That is why, as National Eye Dona- the exception of the Medal of Honor. except when authorized under regulations tion Month approaches, I encourage my The CFR allows for the sale of all U.S. made pursuant to law, shall be fined under colleagues to work with their local eye medals, except the Medal of Honor, and this title or imprisoned not more than six banks, and the Eye Bank Association insignia, provided that an official gov- months, or both.’’ of America, to promote eye donation ernment manufacturer has made them The Bill would not affect the exception for and provide more people, like Teresa acts authorized by regulation. Therefore, it and that the Institute of Heraldry, appears accurate to conclude that if the ac- Walton, with the miracle cornea trans- IOH, approved those pieces. Thus, the tion of the collector was authorized by regu- plantation provides. There is no gift Stolen Valor Act does not in any way lation, the enactment of the Bill would not more meaningful, or more profoundly stop collectors or dealers from selling affect that authorization. important, than the gift of sight.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4674 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 27, 2007 TRIBUTE TO W. DON NELSON his sports cars, and even his outward sciences,’’ he said. ‘‘The trick is to get Mr. NELSON of Nebraska. Mr. Presi- display of pride in Cornhusker Country started early on.’’ dent, I rise today to express my best for his alma maters, the University of Yet at Big Sky, kids do start early. wishes and appreciation to a staff Florida and Florida State University. The halls are filled with the future sci- member who is leaving my office after We wish him every success in his new entific leaders of America. Students many years of public service. role as editor, publisher, and writer. study the genetic code of a W. Don Nelson has served with dis- f cyanobacterial strain and test sail de- signs in wind tunnels by using an inno- tinction as my State director in Lin- ADDITIONAL STATEMENTS coln, NE, since I was elected in 2000, vative interdisciplinary approach. which is no small job in a State that By nurturing the curiosity and cre- stretches 500 miles. BIG SKY HIGH SCHOOL SCIENCE ativity of these students, Big Sky Although we share the same last PROGRAM RECOGNITION teachers like Jim Harkins ensure America’s youth are given the edu- name, we do not share a family rela- ∑ tionship. We do share a passion for pub- Mr. BAUCUS. Mr. President, I am cation and tools necessary to succeed lic service. W. Don, as he is known honored to speak to you today about in the 21st century. I applaud Jim and throughout Nebraska, has a long his- the wonderful work being done in a his students. They are examples of tory of bipartisan government service school in my home State—Big Sky what makes Montana’s school system at the highest levels. High School in Missoula, MT. Big Sky the best in the Nation. Mr. Nelson worked for former Con- High School is a leader in science edu- To Mr. Harkins and students of Big gressman Douglas Bereuter when he cation and a wonderful example of how Sky High School, I extend my con- was director of the Nebraska State Of- creativity and innovation can prepare gratulations.∑ students for the 21st century. fice of Planning and Programming. He f To the students, teachers, parents, also served as a chief policy adviser for RETIREMENT OF RICK SHAPIRO former Nebraska Governors Norbert and administrators at Big Sky High Tiemann, Jim Exon, and former Wyo- School, I commend you for your dedi- ∑ Mr. BINGAMAN. Mr. President, ming Governor Ed Herschler and was cation and imagination. Big Sky High today I wish to honor Rick Shapiro, chief of staff for Nebraska Governor School should be an example to schools who recently retired as executive di- Bob Kerrey. Before Don became my all over the country of what we can do rector of the Congressional Manage- State director he was in the private if we make a real commitment to ment Foundation. sector serving as managing director for teaching our students the skills nec- I became acquainted with Rick early the Nebraska office of a major national essary to keep America competitive in in my Senate career, when I asked securities firm. the global economy. Rick to help me and my staff strength- To say that W. Don Nelson was an Big Sky’s science programs empha- en the management of my Senate of- important and vital part of the staff size real-world applications and col- fice. That began a very useful relation- for those of us whom he served is an laboration. For example, in the elec- ship with Rick and CMF. understatement. His background as a tive ‘‘Advanced Problems in Science,’’ Under his leadership, CMF grew in lawyer and investment banker made students work on research projects and size, scope, and impact. Rick has made him invaluable in government service learn how to document their results CMF an integral part of the early orga- but his abilities stretched far beyond and present them to the community. nization of nearly every new House and that. Many of these projects are featured in Senate office, through CMF’s practical W. Don Nelson is one of the most science fairs and other competitions, publications and its role in new office fiercely loyal and completely trust- giving students experience and con- orientations. worthy individuals I have ever had the necting them to the scientific commu- For many offices like mine, Rick privilege to know. His intellect and nity. used his skills in organizational man- depth of knowledge on virtually any Science teacher Jim Harkins, who agement to help members and their issue is uncanny. He has the courage to has taught at Big Sky for 24 years, is senior staff improve how they run their confront adversaries at the highest lev- an example of how a great teacher can offices and serve their constituents. els and the compassion to help those inspire students to go into the His confidential counsel and evalua- who are less fortunate. He is a gracious sciences. Let me tell you about Jim’s tion, and that of a strong staff that he host and gentleman to friends, and a goals for science class in his own recruited and supported, has allowed devoted father and husband to a loving words. ‘‘I try to tell the students that many Senators and Members of Con- family. the classroom, text book setting is not gress to focus on their jobs as legisla- W. Don may be retiring but not to a real science,’’ he said. ‘‘Science is not tors, with the confidence that their of- rocking chair. The W. Don Nelson that learned in books while sitting at desks. fices would be well run. so many Nebraskans know will never In this class, Advanced Problems in Rick also used his extensive knowl- sit back and rest on his laurels. His so- Science, our goal is to simulate their edge of strategic planning to ensure of- called retirement will be in front of a curiosity in a real-life science setting. fices have a strategic vision and the computer screen and stalking the halls This program provides Montana stu- means to deliver on that vision. He and of government buildings visiting with dents with competitiveness on national his staff have facilitated hundreds of elected and appointed officials from and international levels.’’ staff retreats, helping House and Sen- the other side of the desk, as a re- To see the success of this program, ate offices produce ambitious, but real- porter. you need to look no further than the istic, plans for their work. After answering questions from re- students themselves. Big Sky alumnus Rick was the driving force behind porters for much of his career, he will Jayce Getz was an active participant in CMF’s research into cutting edge top- be asking the questions. He is crossing these science programs and he was re- ics. For example, CMF’s research and over to start his own newspaper, called cently honored with one of only 30 guidance on the Internet and electronic Prairie Fire, in Lincoln, NE. Its objec- mathematical sciences postdoctoral re- communications has been the single tive is to be the progressive voice of search fellowships from the National most important force in bringing many the Great Plains offering thoughtful, Science Foundation. Jayce will begin a offices into the 21st century in their bipartisan public discourse about all professorship at Princeton next fall. use of new technology. matters relating to politics and the Jayce attributes some of his current Before joining CMF, Rick worked in arts and, I imagine, Don’s passion, the success to his participation in Big the U.S. House of Representatives, first environment. Sky’s science program. ‘‘Kids in Mis- as a staff investigator and later as the All of us will miss Don, his quirky soula, Montana, can and do get in- staff director of two House committees. sense of humor, his vintage neckties, volved with important research in the He brought his significant knowledge

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4675 of the workings of the Congress to CMF ‘‘In nearly 20 years here, Mike was a good Contributions can be made to St. Jude and it progressed under his leadership. colleague and a good friend. We’ll, miss Children’s Research Hospital, 501 St. Jude All of us who know him and have him.’’ Hall died of pneumonia, his family Place, Memphis, Tenn., 38105.∑ benefited from his work wish him well, said. The 61-year-old Albuquerque resident f had battled lung cancer in recent years and and look with interest to his next had recovered. CONGRATULATING CONSUL ∑ project. A memorial service is scheduled for 10 a.m. SERGIO AGUILERA f Feb. 28 at French Mortuary, 10500 Lomas NE. ∑ Hall launched his newspaper career in the Mr. LUGAR. Mr. President, today I REMEMBERING MIKE HALL San Francisco Bay Area as a sports reporter wish to recognize the important service ∑ Mr. DOMENICI. Mr. President, I for the Berkeley Gazette, covering such of Consul Sergio Aguilera upon his re- would like to take a moment to pay teams as the Oakland A’s and the Oakland tirement from the Mexican Foreign tribute to the memory of Mike Hall, Raiders. He then served as sports news editor Service. who sadly passed away this last Fri- at the Wichita Eagle-Beacon before leaving During his leadership of the Mexican in 1979 to become weekend editor and assist- day. Consulate in Indianapolis, my staff and ant news editor at The Clarion-Ledger in I have enjoyed working closely with Mike was a longtime sportswriter, Jackson, Miss., according to past news sto- editor, and columnist with the Albu- ries. Consul Aguilera to strengthen the po- querque Journal. Though he was born Hall was named sports editor at The Albu- litical, economic, social, and cultural in Muskogee, OK, and began his career querque Tribune in 1983 and also served as ties between our two nations. By work- writing in California, there is no doubt the evening newspaper’s city editor and as a ing closely with the Federal, State, and Mike was a great New Mexican. Mike columnist, before moving to the Albuquerque local governments, as well as schools, first came to New Mexico in 1983 to Journal to become sports editor. businesses, and community organiza- He became a Journal associate sports edi- serve as sports editor at the Albu- tions, Consul Aguilera has ably rep- tor in 1996 and focused his reporting on UNM resented the people of Mexico and querque Tribune, and in 1988 he joined women’s basketball and boxing. the staff at the Albuquerque Journal. Local boxer Danny Romero said Hall had served the needs of the Mexican com- In his 24 years of reporting in New been writing about him since he was a very munity in the Midwest. Mexico, both his readers and those he young, unknown fighter. In addition to his official duties, Con- wrote about came to appreciate and re- Romero’s skills in the ring helped, he said, sul Aguilera has given generously of spect Mike for his knowledge and his but Hall’s ‘‘the one who made me famous.’’ his time in service to the Indianapolis humor. He will be truly missed by New While stories can sometimes generate con- community through work with the tentious relationships between reporters and Mexicans. Mexican Scholarship Fund and the their subjects, Romero said respect was Central Indiana Community Founda- I would also like to offer my deepest never lost for Hall. condolences to Mike’s family, his wife ‘‘You didn’t always have to have your tion. The Indianapolis community will Sondra and children Dionne, Jason, Mi- guard up. As an athlete, you always have to continue to benefit from Consul chael, and Kathryn and his six grand- watch out with you guys,’’ the fighter said, Aguilera’s leadership as he seeks to ex- children. referring to newspaper reporters. ‘‘With him, pand his charitable work in retirement. I ask that an article from the Albu- you didn’t. It was always open arms. He I am especially pleased that Consul querque Journal celebrating Mike’s life would let you speak your mind and make Aguilera and his wife Lori have chosen you sound good.’’ and career be printed in the RECORD. to remain in Indianapolis as they pur- Born in Muskogee, Okla., in 1945, Hall was sue new and exciting experiences to- The material follows. raised in Wichita, Kan., and studied jour- [From the Albuquerque Journal, Feb. 24, nalism at Wichita State University, said gether. 2007] Sondra Hall, his wife. I appreciate this opportunity to con- JOURNAL EDITOR/WRITER DIES AT 61 Hall played a lot of sports in his younger gratulate Consul Aguilera and wish days, including boxing as an amateur, added him good health and success upon his VETERAN OF SPORTS DEPARTMENT LIVED IN Kathryn Hall, his daughter. ∑ ABQ. SINCE ’83; COVERED BOXING, UNM WOM- retirement. ‘‘He was never very good at it, he always EN’S HOOPS f told me, but he liked it,’’ she said. (By Lloyd Jojola) Hall loved the crunch of sports reporting: TRIBUTE TO MARY BURKS Mike Hall, a veteran New Mexico jour- the road trips, the demanding game-time ∑ nalist who was best known as a sports editor, coverage, the interviews and simply getting Mr. SESSIONS. Mr. President, today writer and columnist, died early Friday. the story. I pay tribute to Mary Burks, founder of Most recently, Hall held the title of asso- But ultimately, ‘‘he liked to write,’’ Kath- the Alabama Conservancy, mother of ciate sports editor at the Albuquerque Jour- ryn Hall said. the wilderness movement, and cham- nal and covered Lobo women’s basketball. ‘‘I always thought he just liked to write pion of the Sipsey Wilderness in the UNM women’s basketball coach Don Flana- (newspaper) articles but it turned out he Bankhead National Forest. gan said Hall established an ‘‘excellent rela- wrote a lot of stuff,’’ she said, referring to Last week, Mary Burks passed away tionship’’ between himself and the players journals the family found. ‘‘We were reading in Birmingham, at the age of 86. and staff. a lot of it last night.’’ ‘‘Once he got the position of our beat re- ‘‘He just wrote all the time.’’ Her passing is a loss, not just for Ala- porter I knew that it was going to help our Hall’s work., with his easygoing style, was bama or the conservation movement, program immensely just because of his back- recognized multiple times by his peers. but for every person who has ever ex- ground, how well he was thought of,’’ Flana- Among his awards, in 1990 Hall received, plored and enjoyed Alabama’s vast wil- gan said. ‘‘I thought throughout his time his along with now Tribune Editor Phill Casaus, derness. She helped protect those nat- intention was always very positive With our the best sports story award from the Albu- ural areas, and, without her, our chil- program, and I appreciated the recognition querque Press Club for stories on the NCAA’s dren might not be as able to enjoy that he brought to the program.’’ investigation surrounding a UNM track them as they do today. Flanagan said Hall did his homework. The sprinter. The following year, he picked up coach was often ‘‘amazed’’ Hall knew who the top sports writing award from the New Her lifelong struggle to protect and the staff was recruiting without being told. Mexico Press Association for stories on ath- conserve sensitive lands provides a Flanagan might not have always liked the letic spending at UNM. And in 1993, the press record of accomplishment that de- stories that were printed, he said, but Hall association again honored Hall with a first- serves both recognition and celebra- was still highly regarded. place award for two sports columns. tion. ‘‘I respected him as a reporter and as some- ‘‘He was humorous and fun-loving,’’ Kath- John Randolph, author of a book ti- body that would give us honest and fair cov- ryn Hall said, ‘‘and very strong and coura- tled The Battle for Alabama Wilder- erage,’’ he said. geous.’’ Hall was preceded in death by his ness, described Mary Burks’s passion Hall joined the Albuquerque Journal staff parents, Harold Rea Hall and Jewell Gray. in 1988. His survivors include his wife of 30 years, for what she did. Randolph says, ‘‘If ‘‘Mike Hall was a real pro,’’ said Journal Sondra; children, Dionne´ Mantaoni, Jason one believes in fate, then surely Mary Editor Kent Walz. ‘‘He loved what he did, Hall, Michael Bolton and Kathryn Hall; and Burks was fated to become the mother and it showed. six grandchildren. of Alabama wilderness preservation.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4676 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 27, 2007 Passionate, tough, and resilient, a of all backgrounds, and I commend has financed, 18 have become public lover of all things wild and natural AHEPA for inspiring and supporting corporations. . . .’’ generations of Americans. In 1986, Mr. Sanford purchased United Mary Burks did not simply sit and AHEPA’s work has touched people National Bank in Sioux Falls, SD. The dream. She led a 6-year campaign in from all walks of life. The organization bank, now named First Premier Bank, the early 1970s to designate the Sipsey raised funds for U.S. war bonds during has expanded throughout South Da- Wilderness area in the Bankhead Na- World War II, and currently contrib- kota and includes Premier Bankcard tional Forest as wilderness. In doing utes more than $2,000,000 each year to Inc., which is a national leader in the so, she won the support of the entire educational, medical, and other philan- credit card industry. Alabama congressional delegation. thropic causes. AHEPA’s positive con- Although Mr. Sanford is well-known That is not always an easy thing to tributions stem from both the organi- for his business achievements, he is do. zation and the outstanding people in- even more distinguished for his philan- After the campaign, not only was the volved. Members of AHEPA have thropy. He has donated millions to or- Sipsey Wilderness created, but the served in the U.S. Armed Forces and ganizations that are close to his heart Eastern Wilderness Area System was have held positions in local, State, and and even started the Sanford Founda- established when President Gerald Federal Government throughout the tion for charitable giving. In 2005, he gave over $70.5 million to charitable Ford signed the Eastern Wilderness years. Act. It is fair to assume that this suc- As we honor AHEPA’s many suc- causes in the United States and ranked 14th on the Chronicle of Philanthropy’s cess would not have been achieved cesses, we also celebrate the contribu- list of America’s most-generous donors. without Mary Burks’ tireless efforts. tions of the more than 1 million Greek- Additionally, in 2006, he was named to Today, Alabama is home to more Americans in this country, some 61,000 the Business Week Top 50 list of most- than 41,000 acres of wilderness, includ- of whom live in my home State of New generous philanthropists in the United ing the Cheaha and Dugger Mountain Jersey. The Hellenic community in States. Wilderness Areas. As you know, hun- America contributes daily to the eco- Before his most recent donation, Mr. dreds of thousands of acres have now nomic, political and cultural fabric of Sanford had contributed $20 million to been designated as wilderness in the this Nation, and the United States Sioux Valley for expansion with South Eastern United States. shares a close relationship with Greece Dakota’s medical school and $16 mil- All of these accomplishments have and the Republic of Cyprus. I look for- lion for Sanford Children’s Hospital, roots in Mary Burks’s original push to ward to working with my colleagues which plans to open in 2009. This recent preserve wilderness in Alabama. and AHEPA to strengthen America’s gift of $400 million will be used to Describing the importance of Mary’s relationship with our Hellenic friends. achieve four major goals. These goals efforts and the organization that she I commend AHEPA’s commitment to are to build 5 pediatric clinics around founded, the Alabama Conservancy, serving the United States and the Hel- the country, to expand research, to Floyd Haskell, former U.S. Senator lenic community. I congratulate them build a health care campus with over 20 from Colorado, stated ‘‘If not for the on their 85 years of advocacy, and I separate facilities, and to specialize in Alabama Conservancy, there would be look forward to their bright future.∑ a specific line of medical research that no concept of Eastern Wilderness.’’ f will result in a cure. There is a difference between think- T. Denny Sanford’s generous gift to ing that things ought to be a certain RECOGNIZING T. DENNY SANFORD Sioux Valley will encourage prosperity way, and actually making them so. Too ∑ Mr. THUNE. Mr. President, today I and growth for South Dakota by gener- often we are quick to do the former, recognize T. Denny Sanford for his gen- ating an estimated 9,200 new jobs, add- and slow to do the latter. But the pro- erosity recently represented by the gift ing approximately $1.2 billion to the tected resources in my home State and of $400 million to Sioux Valley Hos- economy, drawing patients from others are larger in size, great in quan- pitals and Health System. This gift is around the world, and improving the tity, and more secure in their protec- the second largest donation to any wellness of our citizens. This donation tion because Mary Burks fought for medical institution since 2001 and will will reach people from across the coun- them all her life. She left a lasting leg- help Sioux Valley transform itself into try and make South Dakota a leader acy in Alabama that will forever be felt a world-class research institution. In and magnet in medical research. by all who care about wilderness and recognition of the donation and in T. Denny Sanford is a giving man natural places.∑ honor of Mr. Sanford, the health care with a passion for making a difference in the lives around him. He is even f system has been renamed Sanford Health. known to have a goal to ‘‘die broke.’’ AMERICAN HELLENIC EDU- Since his birth in St. Paul, MN, in Because of his profound generosity and CATIONAL PROGRESSIVE ASSO- 1935, T. Denny Sanford has reached desire to help others, T. Denny CIATION many outstanding milestones that de- Sanford’s influence will be evident for ∑ Mr. MENENDEZ. Mr. President, I serve recognition and praise. After many generations to come. would like to offer my sincere con- starting work at age 8 in his father’s On behalf of the State of South Da- gratulations to the American Hellenic clothing distribution company, he kota, I am honored to rise and say: Educational Progressive Association, spent most of his teen years selling his Thank you, Denny. Your significant AHEPA, on their 85th anniversary this father’s clothing to retail stores. He gift will have a lasting influence not only on the people of South Dakota but year. Since 1922, AHEPA has diligently later graduated with a degree in psy- on people throughout the world that served the Hellenic community and all chology from the University of Min- will be affected by your selfless gen- Americans through a variety of pro- nesota and was recruited for a sales erosity.∑ grams and outreach endeavors. and marketing management position Initially created to combat discrimi- with Armstrong Cork Company. f nation and hate, AHEPA’s mission has In the 1960s, Mr. Sanford established MESSAGES FROM THE PRESIDENT expanded during its distinguished his- a manufacturers’ representative com- Messages from the President of the tory. As the largest and oldest Amer- pany and a regional distribution com- United States were communicated to ican-based, Greek heritage grassroots pany. Then in 1971, he bought Contech, the Senate by Ms. Evans, one of his membership organization, AHEPA a specialty chemical company, from secretaries. works to promote the Greek ideals of Sears & Roebuck and took it public the f philanthropy, education, civic respon- following year. After selling Contech in sibility, and family and individual ex- the 1980s, he created a venture capital EXECUTIVE MESSAGES REFERRED cellence within the community. Such fund to provide financing to young en- As in executive session the Presiding principles can be appreciated by people trepreneurs. Out of the 28 companies he Officer laid before the Senate messages

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4677 from the President of the United Bank of the United States, transmitting, Funding Corporation, transmitting, pursu- States submitting sundry nominations pursuant to law, a report relative to trans- ant to law, a report relative to the Corpora- which were referred to the appropriate actions involving U.S. exports to Canada; to tion’s system of internal controls and the 2006 Audited Financial Statements; to the committees. the Committee on Banking, Housing, and Urban Affairs. Committee on Banking, Housing, and Urban (The nominations received today are EC–768. A communication from the Sec- Affairs. printed at the end of the Senate pro- retary of the Treasury, transmitting, pursu- EC–778. A communication from the Chief ceedings.) ant to law, a six-month periodic report on Operating Officer and President, Financing f the national emergency with respect to the Corporation, transmitting, pursuant to law, undermining of democratic processes or in- a report relative to the Corporation’s system EXECUTIVE AND OTHER stitutions in Zimbabwe that was declared in of internal controls and the 2006 Audited Fi- COMMUNICATIONS Executive Order 13288 of March 6, 2003; to the nancial Statements; to the Committee on The following communications were Committee on Banking, Housing, and Urban Banking, Housing, and Urban Affairs. Affairs. EC–779. A communication from the Assist- laid before the Senate, together with EC–769. A communication from the Sec- ant Secretary, Transportation Security Ad- accompanying papers, reports, and doc- retary of Commerce, transmitting, pursuant ministration, Department of Homeland Se- uments, and were referred as indicated: to law, the Department’s 2007 Report on For- curity , transmitting, pursuant to law, a re- EC–758. A communication from the Sec- eign Policy-Based Export Controls; to the port relative to a contract entered into with retary of Agriculture, transmitting, the re- Committee on Banking, Housing, and Urban a private security screening company to pro- port of draft legislation to authorize con- Affairs. vide screening services; to the Committee on struction of a classical Chinese Garden on EC–770. A communication from the Direc- Commerce, Science, and Transportation. the grounds of the National Arboretum; to tor of the Office of Legislative Affairs, Fed- EC–780. A communication from the Acting the Committee on Agriculture, Nutrition, eral Deposit Insurance Corporation, Depart- Director, Office of Sustainable Fisheries, De- and Forestry. ment of the Treasury, transmitting, pursu- partment of Commerce, transmitting, pursu- EC–759. A communication from the Chair- ant to law, the report of a rule entitled ant to law, the report of a rule entitled man and Chief Executive Officer, Farm Cred- ‘‘Management Official Interlocks’’ (RIN3064– ‘‘Fisheries of the Exclusive Economic Zone it Administration, transmitting, pursuant to AD13) received on February 22, 2007; to the Off Alaska; Inseason Adjustment to the 2007 law, a report relative to its 2007 compensa- Committee on Banking, Housing, and Urban A and B Season Allowances of Pollock in tion program adjustments; to the Committee Affairs. Statistical Area 620 in the Gulf of Alaska’’ on Agriculture, Nutrition, and Forestry. EC–771. A communication from the Chief (ID No. 010807A) received on February 22, EC–760. A communication from the Assist- Counsel, Office of Foreign Assets Control, 2007; to the Committee on Commerce, ant Secretary of the Navy (Installations and Department of the Treasury, transmitting, Science, and Transportation. Environment), transmitting, pursuant to pursuant to law, the report of a rule entitled EC–781. A communication from the Acting law, a report relative to the Department’s ‘‘Global Terrorism Sanctions Regulations’’ Director, Office of Sustainable Fisheries, De- decision to conduct a public-private competi- (31 CFR Part 594) received on February 22, partment of Commerce, transmitting, pursu- ant to law, the report of a rule entitled tion including ocean terminal operations and 2007; to the Committee on Banking, Housing, ‘‘Fisheries of the Exclusive Economic Zone maintenance services in Norfolk, Virginia; and Urban Affairs. to the Committee on Armed Services. EC–772. A communication from the Chief Off Alaska; Inseason Adjustment to the 2007 EC–761. A communication from the Assist- Counsel, Federal Emergency Management Aleutian Islands Atka Mackerel Total Allow- ant Secretary of the Navy (Installations and Agency, Department of Homeland Security, able Catch Amounts’’ (ID No. 010807B) re- Environment), transmitting, pursuant to transmitting, pursuant to law, the report of ceived on February 22, 2007; to the Com- law, a report relative to the Department’s a rule entitled ‘‘Final Flood Elevation Deter- mittee on Commerce, Science, and Transpor- decision to conduct a public-private competi- minations’’ (72 FR 1461) received on February tation. EC–782. A communication from the Acting tion including administrative support serv- 22, 2007; to the Committee on Banking, Hous- Director, Office of Sustainable Fisheries, De- ices; to the Committee on Armed Services. ing, and Urban Affairs. partment of Commerce, transmitting, pursu- EC–762. A communication from the Direc- EC–773. A communication from the Deputy ant to law, the report of a rule entitled tor, Defense Procurement and Acquisition Assistant Secretary for Export Administra- ‘‘Fisheries of the Exclusive Economic Zone Policy, Department of Defense, transmit- tion, Bureau of Industry and Security, De- Off Alaska; Atka Mackerel Lottery in Areas ting, pursuant to law, the report of a rule en- partment of Commerce, transmitting, pursu- 542 and 543’’ (ID No. 011107A) received on Feb- titled ‘‘Emergency Acquisitions’’ (DFARS ant to law, the report of a rule entitled ruary 22, 2007; to the Committee on Com- Case 2006–D036) received on February 22, 2007; ‘‘Technical Corrections to the Export Ad- to the Committee on Armed Services. merce, Science, and Transportation. ministration Regulations and to the Defense EC–783. A communication from the Direc- EC–763. A communication from the Direc- Priorities and Allocations System Regula- tor, Office of Acquisition Management and tor, Defense Procurement and Acquisition tion’’ (RIN0694–AD88) received on February Procurement Executive, Department of Com- Policy, Department of Defense, transmit- 22, 2007; to the Committee on Banking, Hous- merce, transmitting, pursuant to law, a re- ting, pursuant to law, the report of a rule en- ing, and Urban Affairs. port relative to the Department’s competi- titled ‘‘Notification Requirements for Crit- EC–774. A communication from the Assist- tive sourcing efforts for fiscal year 2006; to ical Safety Items’’ (DFARS Case 2004–D008) ant Secretary for Export Administration, the Committee on Commerce, Science, and received on February 22, 2007; to the Com- Bureau of Industry and Security Administra- Transportation. mittee on Armed Services. tion, Department of Commerce, transmit- EC–784. A communication from the Direc- EC–764. A communication from the Direc- ting, pursuant to law, the report of a rule en- tor, Office of Sustainable Fisheries, Depart- tor, Defense Procurement and Acquisition titled ‘‘North Korea: Imposition of New For- ment of Commerce, transmitting, pursuant Policy, Department of Defense, transmit- eign Policy Controls’’ (RIN0694–AD97) re- to law, the report of a rule entitled ‘‘Fish- ting, pursuant to law, the report of a rule en- ceived on February 22, 2007; to the Com- eries of the Exclusive Economic Zone Off titled ‘‘Berry Amendment Restrictions— mittee on Banking, Housing, and Urban Af- Alaska; Pollock in Statistical Area 610 in the Clothing Materials and Components Cov- fairs. Gulf of Alaska’’ (ID No. 011107F) received on ered’’ (DFARS Case 2006–D031) received on EC–775. A communication from the Chief February 22, 2007; to the Committee on Com- February 22, 2007; to the Committee on Counsel, Federal Emergency Management merce, Science, and Transportation. Armed Services. Agency, Department of Homeland Security, EC–785. A communication from the Sec- EC–765. A communication from the Chair- transmitting, pursuant to law, the report of retary of Transportation, transmitting, pur- man and President of the Export-Import a rule entitled ‘‘Final Flood Elevation Deter- suant to law, the Department’s biennial re- Bank of the United States, transmitting, minations’’ (72 FR 2783) received on February port relative to the regulatory status of cer- pursuant to law, a report relative to trans- 22, 2007; to the Committee on Banking, Hous- tain open safety recommendations; to the actions involving U.S. exports to Kenya; to ing, and Urban Affairs. Committee on Commerce, Science, and the Committee on Banking, Housing, and EC–776. A communication from the Office Transportation. Urban Affairs. Director, Office of Congressional Affairs, EC–786. A communication from the Direc- EC–766. A communication from the Chair- U.S. Nuclear Regulatory Commission, trans- tor, National Park Service, Department of man and President of the Export-Import mitting, pursuant to law, the report of a rule the Interior, transmitting, pursuant to law, Bank of the United States, transmitting, entitled ‘‘Export and Import of Nuclear Ma- the Service’s report relative to Preservation pursuant to law, a report relative to a trans- terials; Exports to Libya Restricted’’ Technology and Training for fiscal year 2005; action involving U.S. exports to Morocco; to (RIN3150–AI02) received on February 22, 2007; to the Committee on Energy and Natural Re- the Committee on Banking, Housing, and to the Committee on Banking, Housing, and sources. Urban Affairs. Urban Affairs. EC–787. A communication from the Admin- EC–767. A communication from the Chair- EC–777. A communication from the Chief istrator, Energy Information Administra- man and President of the Export-Import Operating Officer and President, Resolution tion, Department of Energy, transmitting,

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4678 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 27, 2007 pursuant to law, a report entitled ‘‘Perform- EC–796. A communication from the Prin- ternal Revenue Service, Department of the ance Profiles of Major Energy Producers cipal Deputy Associate Administrator, Office Treasury, transmitting, pursuant to law, the 2005’’; to the Committee on Energy and Nat- of Policy, Economics and Innovation, Envi- report of a rule entitled ‘‘Announcement: ural Resources. ronmental Protection Agency, transmitting, Compliance Resolution Program for Employ- EC–788. A communication from the Direc- pursuant to law, the report of a rule entitled ees Other Than Corporate Insiders for Addi- tor, Fish and Wildlife Service, Department of ‘‘State Operating Permit Programs; West tional 2006 Taxes Arising Under Section 409A the Interior, transmitting, pursuant to law, Virginia; Amendment to the Definitions of a Due to the Exercise of Stock Rights’’ (An- the report of a rule entitled ‘‘Final Rule Des- ‘Major Source’ and ‘Volatile Organic Com- nouncement 2007–18) received on February 16, ignating the Western Great Lakes Popu- pound’’’ (FRL No. 8280–8) received on Feb- 2007; to the Committee on Finance. lation of Gray Wolves as a Distinct Popu- ruary 23, 2007; to the Committee on Environ- EC–808. A communication from the Chief of lation Segment; Removing the Western ment and Public Works. the Publications and Regulations Branch, In- Great Lakes Distinct Population Segment of EC–797. A communication from the Chair- ternal Revenue Service, Department of the the Gray Wolf From the List of Endangered man, Board of Director, Tennessee Valley Treasury, transmitting, pursuant to law, the and Threatened Wildlife’’ (RIN1018–AU54) re- Authority, transmitting, pursuant to law, a report of a rule entitled ‘‘Payroll Taxes on ceived on February 16, 2007; to the Com- report relative to the Board’s conflict-of-in- Deferred Compensation’’ (Rev. Rul. 2007–12) mittee on Environment and Public Works. terest policy; to the Committee on Environ- received on February 16, 2007; to the Com- EC–789. A communication from the Acting ment and Public Works. mittee on Finance. Assistant Secretary for Fish, Wildlife and EC–798. A communication from the Sec- EC–809. A communication from the Chief of Parks, Department of the Interior, transmit- retary of Transportation, transmitting, a the Publications and Regulations Branch, In- ting, pursuant to law, the report of a rule en- bill entitled ‘‘The Next Generation Air ternal Revenue Service, Department of the titled ‘‘Endangered and Threatened Wildlife Transportation System Financing Reform Treasury, transmitting, pursuant to law, the and Plants; Withdrawal of Proposed Rule to Act of 2007’’; to the Committee on Finance. report of a rule entitled ‘‘Revenue Ruling: List Lepidium Papilliferum (Slickspot EC–799. A communication from the Chief of 2007 Prevailing State Assumed Interest Peppergrass)’’ (RIN1018–AU99) received on the Publications and Regulations Branch, In- Rates’’ (Rev. Rul. 2007–10) received on Feb- February 16, 2007; to the Committee on Envi- ternal Revenue Service, Department of the ruary 16, 2007; to the Committee on Finance. ronment and Public Works. Treasury, transmitting, pursuant to law, the EC–810. A communication from the Chief of EC–790. A communication from the Prin- report of a rule entitled ‘‘Guidance on Tax the Publications and Regulations Branch, In- cipal Deputy Associate Administrator, Office Treatment of Cross Licensing Arrange- ternal Revenue Service, Department of the of Policy, Economics and Innovation, Envi- ments’’ (Rev. Proc. 2007–23) received on Feb- Treasury, transmitting, pursuant to law, the ronmental Protection Agency, transmitting, ruary 16, 2007; to the Committee on Finance. report of a rule entitled ‘‘Applicable Federal pursuant to law, the report of a rule entitled EC–800. A communication from the Chief of Rates—March 2007’’ (Rev. Rul. 2007–15) re- ‘‘Approval and Promulgation of Air Quality the Publications and Regulations Branch, In- ceived on February 21, 2007; to the Com- Implementation Plans; Revised Format for ternal Revenue Service, Department of the mittee on Finance. Materials Being Incorporated by Reference Treasury, transmitting, pursuant to law, the EC–811. A communication from the Chief of for North Dakota’’ (FRL No. 8274–6) received report of a rule entitled ‘‘Bureau of Labor the Publications and Regulations Branch, In- on February 23, 2007; to the Committee on Statistics Price Indexes for Department ternal Revenue Service, Department of the Environment and Public Works. Stores—December 2006’’ (Rev. Rul. 2007–11) Treasury, transmitting, pursuant to law, the EC–791. A communication from the Prin- received on February 16, 2007; to the Com- report of a rule entitled ‘‘LMSB Tier II cipal Deputy Associate Administrator, Office mittee on Finance. Issue—Field Directive on the Examination of of Policy, Economics and Innovation, Envi- EC–801. A communication from the Chief of IRC Section 172(f) Specified Liability Losses ronmental Protection Agency, transmitting, the Publications and Regulations Branch, In- #1—Industry Directive’’ (LMSB–04–02070–009) pursuant to law, the report of a rule entitled ternal Revenue Service, Department of the received on February 21, 2007; to the Com- ‘‘Approval and Promulgation of Air Quality Treasury, transmitting, pursuant to law, the mittee on Finance. Implementation Plans; West Virginia; Up- report of a rule entitled ‘‘Obsoleting Income EC–812. A communication from the Chief of date to Materials Incorporated by Ref- Rulings’’ (Rev. Rul. 2007–14) received on Feb- the Publications and Regulations Branch, In- erence’’ (FRL No. 8273–7) received on Feb- ruary 22, 2007; to the Committee on Finance. ternal Revenue Service, Department of the ruary 23, 2007; to the Committee on Environ- EC–802. A communication from the Sec- Treasury, transmitting, pursuant to law, the ment and Public Works. retary of Health and Human Services, trans- report of a rule entitled ‘‘Investor Control EC–792. A communication from the Prin- mitting, pursuant to law, a report relative to and General Public’’ (Rev. Rul. 2007–13) re- cipal Deputy Associate Administrator, Office the number of projects that will be con- ceived on February 21, 2007; to the Com- of Policy, Economics and Innovation, Envi- ducted under the Medicare Hospital mittee on Finance. ronmental Protection Agency, transmitting, Gainsharing Demonstration; to the Com- EC–813. A communication from the Chair- pursuant to law, the report of a rule entitled mittee on Finance. man, Broadcasting Board of Governors, ‘‘Final Authorization of State Hazardous EC–803. A communication from the Assist- transmitting, proposed legislation to author- Waste Management Program Revision’’ (FRL ant Secretary, Office of Legislative Affairs, ize appropriations for the Board for fiscal No. 8281–3) received on February 23, 2007; to Department of State, transmitting, pursuant years 2008 and 2009; to the Committee on For- the Committee on Environment and Public to law, an addition to the Certification to eign Relations. Works. the Congress; to the Committee on Finance. EC–814. A communication from the Assist- EC–793. A communication from the Prin- EC–804. A communication from the Chief of ant Secretary, Office of Legislative Affairs, cipal Deputy Associate Administrator, Office the Publications and Regulations Branch, In- Department of State, transmitting, pursuant of Policy, Economics and Innovation, Envi- ternal Revenue Service, Department of the to law, the Department’s Alternative Fuel ronmental Protection Agency, transmitting, Treasury, transmitting, pursuant to law, the Vehicle program report for fiscal year 2006; pursuant to law, the report of a rule entitled report of a rule entitled ‘‘Study on Donor to the Committee on Foreign Relations. ‘‘Halosulfuron-methyl; Pesticide Tolerance’’ Advised Funds and Supporting Organiza- EC–815. A communication from the Chief (FRL No. 8113–8) received on February 23, tions’’ (Notice 2007–21) received on February Operating Officer, U.S. Agency for Inter- 2007; to the Committee on Environment and 16, 2007; to the Committee on Finance. national Development, transmitting, pursu- Public Works. EC–805. A communication from the Chief of ant to law, (3) reports relative to vacancy EC–794. A communication from the Prin- the Publications and Regulations Branch, In- announcements within the Agency; to the cipal Deputy Associate Administrator, Office ternal Revenue Service, Department of the Committee on Foreign Relations. of Policy, Economics and Innovation, Envi- Treasury, transmitting, pursuant to law, the EC–816. A communication from the Assist- ronmental Protection Agency, transmitting, report of a rule entitled ‘‘Electronic Pay- ant Secretary, Office of Legislative Affairs, pursuant to law, the report of a rule entitled ment Option for User Fee Charges for Form Department of State, transmitting, pursuant ‘‘Orthosulfamuron; Pesticide Tolerance’’ 8802’’ (Rev. Proc. 2007–22) received on Feb- to law, a quarterly report relative to the ob- (FRL No. 8113–4) received on February 23, ruary 16, 2007; to the Committee on Finance. ligations and outlays of fiscal year 2004, 2005, 2007; to the Committee on Environment and EC–806. A communication from the Chief of and 2006 funds; to the Committee on Foreign Public Works. the Publications and Regulations Branch, In- Relations. EC–795. A communication from the Prin- ternal Revenue Service, Department of the EC–817. A communication from the Assist- cipal Deputy Associate Administrator, Office Treasury, transmitting, pursuant to law, the ant Secretary, Office of Legislative Affairs, of Policy, Economics and Innovation, Envi- report of a rule entitled ‘‘Section 181—De- Department of State, transmitting, pursuant ronmental Protection Agency, transmitting, duction for Qualified Film and Television to law, a report relative to post-liberation pursuant to law, the report of a rule entitled Production Costs’’ ((RIN1545–BF95)(TD 9312)) Iraq; to the Committee on Foreign Rela- ‘‘Sethoxydim; Pesticide Tolerance’’ (FRL received on February 16, 2007; to the Com- tions. No. 8115–8) received on February 23, 2007; to mittee on Finance. EC–818. A communication from the Acting the Committee on Environment and Public EC–807. A communication from the Chief of Assistant Secretary, Employee Benefits Se- Works. the Publications and Regulations Branch, In- curity Administration, Department of Labor,

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4679 transmitting, pursuant to law, the report of on Homeland Security and Governmental Af- Immigration and Customs Enforcement, De- a rule entitled ‘‘Interim Final Rule Relating fairs. partment of Homeland Security, transmit- to Amendments to Safe Harbor for Distribu- EC–829. A communication from the Chair- ting, pursuant to law, the report of a rule en- tions from Terminated Individual Account man, Board of Governors, United States titled ‘‘Consular Notification for Aliens De- Plans and Termination of Abandoned Indi- Postal Service, transmitting, pursuant to tained Prior to an Order of Removal’’ vidual Account Plans to Require Inherited law, the Board’s annual report relative to its (RIN1653–AA53) received on February 22, 2007; Individual Retirement Plans for Missing compliance with the Sunshine Act for 2006; to the Committee on the Judiciary. Nonspouse Beneficiaries’’ (RIN1210–AB16) re- to the Committee on Homeland Security and EC–842. A communication from the Under ceived on February 15, 2007; to the Com- Governmental Affairs. Secretary and Director, United States Pat- mittee on Health, Education, Labor, and EC–830. A communication from the Sec- ent and Trademark Office, Department of Pensions. retary of Commerce, transmitting, pursuant Commerce, transmitting, pursuant to law, EC–819. A commmunication from the Om- to law, the Inspector General’s Semiannual the report of a rule entitled ‘‘Changes to Im- budsman, Energy Employees Compensation Report for the period ending September 30, plement Priority Document Exchange Be- Program, Department of Labor, transmit- 2006; to the Committee on Homeland Secu- tween Intellectual Property Offices’’ ting, pursuant to law, the Ombudsman’s An- rity and Governmental Affairs. (RIN0651–AB75) received on February 22, 2007; nual Report for 2006; to the Committee on EC–831. A communication from the Deputy to the Committee on the Judiciary. Health, Education, Labor, and Pensions. Director of Communications and Legislative EC–843. A communication from the Comp- EC–820. A communication from the Sec- Affairs, U.S. Equal Employment Opportunity troller General of the United States, trans- retary of Education, transmitting, pursuant Commission, transmitting, pursuant to law, mitting, pursuant to law, the Office’s Per- to law, a report relative to the Department’s the Commission’s Annual Sunshine Act Re- formance and Accountability Report for fis- competitive sourcing efforts for fiscal year port for 2006; to the Committee on Homeland cal year 2006; to the Committee on Rules and 2006; to the Committee on Health, Education, Security and Governmental Affairs. Administration. Labor, and Pensions. EC–832. A communication from the Chair- EC–844. A communication from the Public EC–821. A communication from the Interim man, National Endowment for the Arts, Printer, Government Printing Office, trans- Director, Pension Benefit Guaranty Corpora- transmitting, pursuant to law, a report rel- mitting, pursuant to law, a report entitled tion, transmitting, pursuant to law, the re- ative to the Organization’s competitive ‘‘Great Leaders/Great Solutions’’; to the port of a rule entitled ‘‘Mortality Assump- sourcing efforts during fiscal year 2006; to Committee on Rules and Administration. tions’’ (RIN1212–AB08) received on February the Committee on Homeland Security and EC–845. A communication from the Direc- 22, 2007; to the Committee on Health, Edu- Governmental Affairs. tor of Regulations Management, Veterans cation, Labor, and Pensions. EC–833. A communication from the Presi- Benefits Administration, Department of Vet- EC–822. A communication from the Direc- dent and CEO, Inter-American Foundation, erans Affairs, transmitting, pursuant to law, tor, Regulations Policy and Management transmitting, pursuant to law, a report rel- the report of a rule entitled ‘‘Home School- Staff, Department of Health and Human ative to the Organization’s competitive ing and Educational Institution’’ (RIN2900– Services, transmitting , pursuant to law, the sourcing efforts during fiscal year 2006; to AM37) received on February 16, 2007; to the report of a rule entitled ‘‘Food Labeling: Nu- the Committee on Homeland Security and Committee on Veterans’ Affairs. trient Content Claims, Expansion of the Nu- Governmental Affairs. EC–846. A communication from the Direc- EC–834. A communication from the Con- trient Content Claim ‘Lean’ ’’ ((RIN0910– tor of Regulations Management, Veterans troller, Office of Management and Budget, ZA27)(Docket No. 2004P–0183)) received on Health Administration, Department of Vet- Executive Office of the President, transmit- February 22, 2007; to the Committee on erans Affairs, transmitting, pursuant to law, ting, pursuant to law, two reports relative to Health, Education, Labor, and Pensions. the report of a rule entitled ‘‘Priority for federal financial management; to the Com- EC–823. A communication from the Interim Partial Grants to States for Construction or mittee on Homeland Security and Govern- Director, Pension Benefit Guaranty Corpora- Acquisition of State Home Facilities’’ mental Affairs. tion, transmitting, pursuant to law, the re- (RIN2900–AM42) received on February 16, EC–835. A communication from the Archi- port of a rule entitled ‘‘Benefits Payable in 2007; to the Committee on Veterans’ Affairs. vist of the United States, transmitting, pur- Terminated Single-Employer Plans; Alloca- EC–847. A communication from the Chief, suant to law, an annual report on category tion of Assets in Single-Employer Plans; In- Programs and Legislation Division, Depart- rating for calendar year 2006; to the Com- teresting Assumptions for Valuing and Pay- ment of the Air Force, transmitting, pursu- mittee on Homeland Security and Govern- ing Benefits’’ (Docket No. 2006N–0335) re- ant to law, a report relative to the initiation mental Affairs. ceived on February 22, 2007; to the Com- EC–836. A communication from the Direc- of a standard competition of the Commu- mittee on Health, Education, Labor, and tor of Legislative Affairs, Office of the Direc- nications Operations and Maintenance func- Pensions. tor of National Intelligence, transmitting, tion at Scott Air Force Base, Illinois; to the EC–824. A communication from the Sec- pursuant to law, the report of action on a Committee on Armed Services. retary of Health and Human Services, trans- nomination for the position of Director of EC–848. A communication from the Assist- mitting, pursuant to law, a report relative to National Intelligence, received on February ant Secretary of the Army (Manpower and preventing loss of life due to extreme indoor 22, 2007; to the Select Committee on Intel- Reserve Affairs), transmitting, pursuant to temperatures; to the Committee on Health, ligence. law, a report relative to the Army National Education, Labor, and Pensions. EC–837. A communication from the Deputy Guard and Army Reserve; to the Committee EC–825. A communication from the Chair- Assistant Attorney General, Office of Legal on Armed Services. man, U.S. Nuclear Regulatory Commission, Policy, Department of Justice, transmitting, f transmitting, pursuant to law, the Commis- pursuant to law, the report of a rule entitled sion’s annual report on the administration of ‘‘Applicability of the Sex Offender Registra- REPORTS OF COMMITTEES the Government in the Sunshine Act for 2006; tion and Notification Act’’ (RIN1105–AB22) to the Committee on Homeland Security and The following reports of committees received on February 16, 2007; to the Com- were submitted: Governmental Affairs. mittee on the Judiciary. EC–826. A communication from the Chair- EC–838. A communication from the Staff By Mr. LEAHY, from the Committee on man and Chief Executive Officer, Farm Cred- Director, United States Commission on Civil the Judiciary, without amendment: it Administration, transmitting, pursuant to Rights, transmitting, pursuant to law, the S. 316. A bill to prohibit brand name drug law, the Administration’s annual report rel- report of the appointment of members to the companies from compensating generic drug ative to its compliance with the Sunshine Alabama Advisory Committee; to the Com- companies to delay the entry of a generic Act; to the Committee on Homeland Secu- mittee on the Judiciary. drug into the market. rity and Governmental Affairs. EC–839. A communication from the Staff f EC–827. A communication from the Asso- Director, United States Commission on Civil ciate General Counsel for General Law, De- Rights, transmitting, pursuant to law, the EXECUTIVE REPORTS OF partment of Homeland Security, transmit- report of the appointment of members to the COMMITTEES ting, pursuant to law, (6) reports relative to Mississippi Advisory Committee; to the The following executive reports of vacancy announcements within the Depart- Committee on the Judiciary. ment, received on February 22, 2007; to the EC–840. A communication from the Clerk nominations were submitted: Committee on Homeland Security and Gov- of Court, United States Court of Federal By Mr. LEVIN for the Committee on ernmental Affairs. Claims, transmitting, pursuant to law, the Armed Services. EC–828. A communication from the Com- Court’s Annual Report for the year ended Air Force nominations beginning with missioner, Social Security Administration, September 30, 2006; to the Committee on the Brigadier General Shelby G. Bryant and end- transmitting, pursuant to law, the Inspector Judiciary. ing with Colonel Paul G. Worcester, which General’s Semiannual Report for the period EC–841. A communication from the Regu- nominations were received by the Senate and ending September 30, 2006; to the Committee latory Management Specialist, Bureau of appeared in the Congressional Record on

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4680 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 27, 2007 January 29, 2007. (minus 2 nominees: Briga- Army nominations beginning with James Marine Corps nominations beginning with dier General Michael D. Dubie; Colonel Trav- A. Adamec and ending with Vanessa Leonard R. Domitrovits and ending with is D. Balch) Worsham, which nominations were received Robert W. Sajewski, which nominations were Army nomination of Maj. Gen. Benjamin by the Senate and appeared in the Congres- received by the Senate and appeared in the C. Freakley, to be Lieutenant General. sional Record on February 7, 2007. Congressional Record on February 16, 2007. Marine Corps nominations beginning with Army nominations beginning with Dennis Marine Corps nominations beginning with Colonel David H. Berger and ending with R. Bell and ending with Kent J. Vince, which Samson P. Avenetti and ending with Fran- Colonel Robert R. Ruark, which nominations nominations were received by the Senate and cisco C. Ragsac, which nominations were re- were received by the Senate and appeared in appeared in the Congressional Record on ceived by the Senate and appeared in the the Congressional Record on January 16, February 7, 2007. Congressional Record on February 16, 2007. 2007. Army nominations beginning with Ronald Marine Corps nominations beginning with Marine Corps nomination of Col. Tracy L. J. Aquino and ending with D060343, which Jason B. Davis and ending with Peter M. Garrett, to be Brigadier General. nominations were received by the Senate and Tavares, which nominations were received Mr. LEVIN. Mr. President, for the appeared in the Congressional Record on by the Senate and appeared in the Congres- Committee on Armed Services I report February 7, 2007. sional Record on February 16, 2007. Army nomination of Miyako N. Schanely, Marine Corps nominations beginning with favorably the following nomination to be Colonel. Darren L. Ducoing and ending with Kenneth lists which were printed in the RECORD Army nominations beginning with An- L. Vanzandt, which nominations were re- on the dates indicated, and ask unani- thony C. Adolph and ending with Kaiesha N. ceived by the Senate and appeared in the mous consent, to save the expense of Wright, which nominations were received by Congressional Record on February 16, 2007. reprinting on the Executive Calendar the Senate and appeared in the Congres- Marine Corps nominations beginning with that these nominations lie at the Sec- sional Record on February 15, 2007. Robert T. Charlton and ending with Brian A. retary’s desk for the information of Army nominations beginning with Andrew Tobler, which nominations were received by Senators. W. Aquino and ending with Paul J. Willis, the Senate and appeared in the Congres- which nominations were received by the Sen- sional Record on February 16, 2007. The PRESIDING OFFICER. Without ate and appeared in the Congressional Navy nomination of Mark A. Gladue, to be objection, it is so ordered. Record on February 15, 2007. Commander. Air Force nominations beginning with Army nomination of Susan M. Osovitzoien, Navy nomination of Terry L. Rucker, to be Gino L. Auteri and ending with Jesus E. to be Lieutenant Colonel. Captain. Zarate, which nominations were received by Army nomination of Tom K. Staton, to be (Nominations without an asterisk the Senate and appeared in the Congres- Major. were reported with the recommenda- sional Record on February 7, 2007. Army nomination of Evan F. Tillman, to Air Force nominations beginning with be Major. tion that they be confirmed.) Brian E. Bergeron and ending with Lolo Army nominations beginning with Michael f Wong, which nominations were received by A. Clark and ending with Janet L. Norman, the Senate and appeared in the Congres- which nominations were received by the Sen- INTRODUCTION OF BILLS AND sional Record on February 7, 2007. ate and appeared in the Congressional JOINT RESOLUTIONS Air Force nominations beginning with Record on February 16, 2007. The following bills and joint resolu- Brian D. Affleck and ending with Lorna A. Army nominations beginning with Edward tions were introduced, read the first Westfall, which nominations were received W. Trudo and ending with Ming Jiang, which by the Senate and appeared in the Congres- nominations were received by the Senate and and second times by unanimous con- sional Record on February 7, 2007. appeared in the Congressional Record on sent, and referred as indicated: Air Force nominations beginning with Wil- February 16, 2007. By Ms. COLLINS (for herself and Mr. liam R. Baez and ending with Michael D. Marine Corps nominations beginning with KENNEDY): Webb, which nominations were received by Donald E. Evans, Jr. and ending with Elliott S. 687. A bill to amend the Internal Rev- the Senate and appeared in the Congres- J. Rowe, which nominations were received enue Code of 1986 to provide a business credit sional Record on February 7, 2007. by the Senate and appeared in the Congres- against income for the purchase of fishing Air Force nominations beginning with sional Record on February 15, 2007. safety equipment; to the Committee on Fi- Kent D. Abbott and ending with An Zhu, Marine Corps nomination of Jorge L. Me- nance. which nominations were received by the Sen- dina, to be Lieutenant Colonel. By Mr. GRAHAM: ate and appeared in the Congressional Marine Corps nominations beginning with S. 688. A bill for the relief of Griselda Record on February 7, 2007. Douglas M. Finn and ending with Ronald P. Lopez Negrete; to the Committee on the Ju- Air Force nominations beginning with An- Heflin, which nominations were received by diciary. thony J. Pacenta and ending with Charles J. the Senate and appeared in the Congres- By Mr. LUGAR (for himself and Mrs. Malone, which nominations were received by sional Record on February 15, 2007. LINCOLN): the Senate and appeared in the Congres- Marine Corps nominations beginning with S. 689. A bill to amend the Internal Rev- sional Record on February 7, 2007. Charles E. Brown and ending with David S. enue Code of 1986 to permanently extend and Air Force nominations beginning with Phillips, which nominations were received expand the charitable deduction for con- Tansel Acar and ending with David A. by the Senate and appeared in the Congres- tributions of food inventory; to the Com- Zimliki, which nominations were received by sional Record on February 15, 2007. mittee on Finance. the Senate and appeared in the Congres- Marine Corps nominations beginning with By Ms. LANDRIEU: sional Record on February 7, 2007. Steven P. Couture and ending with Jesse S. 690. A bill to amend the Small Business Air Force nominations beginning with Mcrae, which nominations were received by Act to authorize the Administrator of the Brian G. Accola and ending with David H. the Senate and appeared in the Congres- Small Business Administration to waive the Zonies, which nominations were received by sional Record on February 15, 2007. prohibition on duplication of certain disaster the Senate and appeared in the Congres- Marine Corps nominations beginning with relief assistance; to the Committee on Small sional Record on February 7, 2007. Jonathan G. Allen and ending with John W. Business and Entrepreneurship. Air Force nominations beginning with Jef- Wiggins, which nominations were received By Mr. CONRAD: frey M. Klosky and ending with Robert W. by the Senate and appeared in the Congres- S. 691. A bill to amend title XVIII of the Ross III, which nominations were received by sional Record on February 15, 2007. Social Security Act to improve the benefits the Senate and appeared in the Congres- Marine Corps nominations beginning with under the Medicare program for beneficiaries sional Record on February 15, 2007. Charles E. Daniels and ending with Timothy with kidney disease, and for other purposes; Army nomination of Todd A. Plimpton, to O. Evans, which nominations were received to the Committee on Finance. be Colonel. by the Senate and appeared in the Congres- By Mr. OBAMA: Army nominations beginning with Perry sional Record on February 16, 2007. S. 692. A bill to amend title 38, United L. Hagaman and ending with William A. Marine Corps nomination of Brian T. States Code, to establish a Hospital Quality Hall, which nominations were received by Thompson, to be Major. Report Card Initiative to report on health the Senate and appeared in the Congres- Marine Corps nomination of Michael R. care quality in Veterans Affairs hospitals; to sional Record on February 7, 2007. Cirillo, to be Major. the Committee on Veterans’ Affairs. Army nominations beginning with David Marine Corps nominations beginning with By Mr. FEINGOLD (for himself and Ms. W. Admire and ending with D060341, which Vernon L. Dariso and ending with Richard COLLINS): nominations were received by the Senate and W. Fiorvanti, Jr., which nominations were S. 693. A bill to amend the Public Health appeared in the Congressional Record on received by the Senate and appeared in the Service Act to reauthorize the Automated February 7, 2007. Congressional Record on February 16, 2007. Defibrillation in Adam’s Memory Act; to the

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Committee on Health, Education, Labor, and kota (Mr. JOHNSON) and the Senator receive both disability compensation Pensions. from Colorado (Mr. SALAZAR) were from the Department of Veterans Af- By Mrs. CLINTON (for herself, Mr. added as cosponsors of S. 23, a bill to fairs for their disability and either re- SUNUNU, Mr. REED, Mr. KERRY, Mr. promote renewable fuel and energy se- tired pay by reason of their years of DURBIN, Mr. NELSON of Florida, Ms. military service or Combat-Related MIKULSKI, Mr. SCHUMER, Mrs. FEIN- curity of the United States, and for STEIN, Mr. ROBERTS, Mrs. HUTCHISON, other purposes. Special Compensation. and Mr. LAUTENBERG): S. 223 S. 442 S. 694. A bill to direct the Secretary of At the request of Mr. FEINGOLD, the At the request of Mr. DURBIN, the Transportation to issue regulations to re- name of the Senator from Vermont name of the Senator from Wisconsin duce the incidence of child injury and death (Mr. SANDERS) was added as a cospon- (Mr. KOHL) was added as a cosponsor of occurring inside or outside of light motor ve- S. 442, a bill to provide for loan repay- hicles, and for other purposes; to the Com- sor of S. 223, a bill to require Senate candidates to file designations, state- ment for prosecutors and public defend- mittee on Commerce, Science, and Transpor- ers. tation. ments, and reports in electronic form. S. 547 By Ms. SNOWE (for herself and Mr. S. 242 At the request of Mr. VOINOVICH, the MENENDEZ): At the request of Mr. DORGAN, the name of the Senator from Delaware S. 695. A bill to amend the International name of the Senator from South Da- Claims Settlement Act of 1949 to allow for (Mr. CARPER) was added as a cosponsor kota (Mr. JOHNSON) was added as a co- certain claims of nationals of the United of S. 547, a bill to establish a Deputy sponsor of S. 242, a bill to amend the States against Turkey, and for other pur- Secretary of Homeland Security for Federal Food, Drug, and Cosmetic Act poses; to the Committee on Foreign Rela- Management, and for other purposes. tions. with respect to the importation of pre- S. 558 By Mr. BAUCUS: scription drugs, and for other purposes. At the request of Mr. DOMENICI, the S. 696. A bill to establish an Advanced Re- S. 316 search Projects Administration-Energy to name of the Senator from Indiana (Mr. initiate high risk, innovative energy re- At the request of Mr. KOHL, the name LUGAR) was added as a cosponsor of S. search to improve the energy security of the of the Senator from Illinois (Mr. DUR- 558, a bill to provide parity between United States, and for other purposes; to the BIN) was added as a cosponsor of S. 316, health insurance coverage of mental Committee on Energy and Natural Re- a bill to prohibit brand name drug com- health benefits and benefits for med- sources. panies from compensating generic drug ical and surgical services. By Mr. SPECTER (for himself and Mr. companies to delay the entry of a ge- S. 561 CASEY): neric drug into the market. S. 697. A bill to establish the Steel Indus- At the request of Mr. BUNNING, the S. 329 try National Historic Site in the State of name of the Senator from South Da- Pennsylvania; to the Committee on Energy At the request of Mr. CRAPO, the kota (Mr. JOHNSON) was added as a co- and Natural Resources. name of the Senator from New York sponsor of S. 561, a bill to repeal the By Mr. DURBIN (for himself, Mr. (Mr. SCHUMER) was added as a cospon- sunset of the Economic Growth and HAGEL, and Mr. WARNER): sor of S. 329, a bill to amend title XVIII Tax Relief Reconciliation Act of 2001 S. 698. A bill to amend title 38, United of the Social Security Act to provide with respect to the expansion of the States Code, to expand and enhance edu- coverage for cardiac rehabilitation and adoption credit and adoption assist- cational assistance for survivors and depend- pulmonary rehabilitation services. ance programs. ents of veterans; to the Committee on Vet- erans’ Affairs. S. 394 S. 562 At the request of Ms. COLLINS, the f At the request of Mr. AKAKA, the name of the Senator from Maine (Ms. name of the Senator from Maine (Ms. SUBMISSION OF CONCURRENT AND SNOWE) was added as a cosponsor of S. SNOWE) was added as a cosponsor of S. SENATE RESOLUTIONS 394, a bill to amend the Humane Meth- 562, a bill to provide for flexibility and The following concurrent resolutions ods of Livestock Slaughter Act of 1958 improvements in elementary and sec- and Senate resolutions were read, and to ensure the humane slaughter of non- ondary education, and for other pur- referred (or acted upon), as indicated: ambulatory livestock, and for other poses. S. 575 By Mr. SALAZAR (for himself, Mr. EN- purposes. SIGN, Mr. BROWN, Mr. KERRY, and Mr. S. 415 At the request of Mr. DOMENICI, the name of the Senator from Texas (Mr. AKAKA): At the request of Mr. BROWNBACK, the S. Res. 86. A resolution designating March name of the Senator from Utah (Mr. CORNYN) was added as a cosponsor of S. 1, 2007, as ‘‘Siblings Connection Day’’; to the 575, a bill to authorize appropriations Committee on the Judiciary. BENNETT) was added as a cosponsor of S. 415, a bill to amend the Revised for border and transportation security By Mr. HAGEL (for himself, Mrs. CLIN- personnel and technology, and for Statutes of the United States to pre- TON, Mr. BROWNBACK, and Mrs. FEIN- other purposes. STEIN): vent the use of the legal system in a S. Res. 87. A resolution expressing the manner that extorts money from State S. 583 sense of the Senate that the President and local governments, and the Federal At the request of Mr. SALAZAR, the should declare lung cancer a public health Government, and inhibits such govern- name of the Senator from North Da- priority and should implement a comprehen- ments’ constitutional actions under kota (Mr. CONRAD) was added as a co- sive interagency program to reduce the lung sponsor of S. 583, a bill to create a com- the first, tenth, and fourteenth amend- cancer mortality rate by at least 50 percent petitive grant program for States to ments. by 2015; to the Committee on Health, Edu- enable the States to award salary bo- cation, Labor, and Pensions. S. 433 nuses to highly qualified elementary f At the request of Mr. OBAMA, the school or secondary school teachers name of the Senator from Illinois (Mr. ADDITIONAL COSPONSORS who teach, or commit to teach, for at DURBIN) was added as a cosponsor of S. least 3 academic years in a school S. 5 433, a bill to state United States policy served by a rural local educational At the request of Mr. REID, the name for Iraq, and for other purposes. agency. of the Senator from South Dakota (Mr. S. 439 S. 584 JOHNSON) was added as a cosponsor of At the request of Mr. REID, the name At the request of Mrs. LINCOLN, the S. 5, a bill to amend the Public Health of the Senator from North Dakota (Mr. name of the Senator from Connecticut Service Act to provide for human em- DORGAN) was added as a cosponsor of S. (Mr. LIEBERMAN) was added as a co- bryonic stem cell research. 439, a bill to amend title 10, United sponsor of S. 584, a bill to amend the S. 23 States Code, to permit certain retired Internal Revenue Code of 1986 to mod- At the request of Mr. HARKIN, the members of the uniformed services who ify the rehabilitation credit and the names of the Senator from South Da- have a service-connected disability to low-income housing credit.

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S. 594 BROWNBACK) was added as a cosponsor and sank about 80 miles east of Port- At the request of Mrs. FEINSTEIN, the of S. Res. 33, a resolution expressing land, ME. Tragically, long-time fisher- name of the Senator from Massachu- the sense of the Senate that the United man Jim Weaver perished in this inci- setts (Mr. KENNEDY) was added as a co- States should expand its relationship dent. Another fisherman aboard the sponsor of S. 594, a bill to limit the use, with the Republic of Georgia by com- boat, Christopher Yattaw, was saved sale, and transfer of cluster munitions. mencing negotiations to enter into a when the Taylor Emily sank. Chris S. 601 free trade agreement. treaded the frigid waters for almost an At the request of Mr. COBURN, the S. RES. 84 hour, but finally, the boat’s life raft in- name of the Senator from New Jersey At the request of Mr. BROWNBACK, the flated. Almost 8 hours later, Chris was (Mr. LAUTENBERG) was added as a co- name of the Senator from Oklahoma rescued from the life raft by a passing sponsor of S. 601, a bill to amend the (Mr. INHOFE) was added as a cosponsor fishing vessel. This incident could have Internal Revenue Code of 1986 to re- of S. Res. 84, a resolution observing been even more tragic if the critical quire broker reporting of customer’s February 23, 2007, as the 200th anniver- live-saving equipment had not been basis in securities transactions, and for sary of the abolition of the slave trade aboard. other purposes. in the British Empire, honoring the Coast Guard regulations require all S. 609 distinguished life and legacy of Wil- fishing vessels to carry safety equip- At the request of Mr. ROCKEFELLER, liam Wilberforce, and encouraging the ment. The requirements vary depend- the name of the Senator from Alaska people of the United States to follow ing on factors such as the size of the (Mr. STEVENS) was added as a cospon- the example of William Wilberforce by vessel, the temperature of the water, sor of S. 609, a bill to amend section 254 selflessly pursuing respect for human and the distance the vessel travels of the Communications Act of 1934 to rights around the world. from shore to fish. Required equipment provide that funds received as uni- f can include a life raft that automati- versal service contributions and the cally inflates and floats free, should STATEMENTS ON INTRODUCED universal service support programs es- the vessel sink. This is what saved BILLS AND JOINT RESOLUTIONS tablished pursuant to that section are Christopher Yattaw’s life. Other live- not subject to certain provisions of By Ms. COLLINS (for herself and saving equipment includes: personal title 31, United States Code, commonly Mr. KENNEDY): flotation devices or immersion suits known as the Antideficiency Act. S. 687. A bill to amend the Internal which help protect fishermen from ex- S. 626 Revenue Code of 1986 to provide a busi- posure and increase buoyancy; EPIRBs, At the request of Mr. KENNEDY, the ness credit against income for the pur- which relay a downed vessel’s position names of the Senator from Mississippi chase of fishing safety equipment; to to Coast Guard Search and Rescue Per- (Mr. COCHRAN), the Senator from the Committee on Finance. sonnel; visual distress signals; and fire Vermont (Mr. SANDERS) and the Sen- Ms. COLLINS. Mr. President, I rise extinguishers. When an emergency ator from Nebraska (Mr. HAGEL) were today to introduce the Commercial arises, safety equipment is priceless. added as cosponsors of S. 626, a bill to Fishermen Safety Act of 2007, a bill to At all other times, the cost of pur- amend the Public Health Service Act help fishermen purchase the life-saving chasing or maintaining this equipment to provide for arthritis research and safety equipment they need to survive must compete with other expenses such public health, and for other purposes. when disaster strikes. I am pleased to as loan payments, fuel, wages, mainte- S. 634 be joined by my colleague from Massa- nance, and insurance. At the request of Mr. DODD, the name chusetts, Senator Kennedy, in intro- The Commercial Fishermen Safety of the Senator from Indiana (Mr. ducing this legislation. Act of 2007 provides a tax credit equal LUGAR) was added as a cosponsor of S. Everyday, members of our fishing to 75 percent of the amount paid by 634, a bill to amend the Public Health communities struggle to cope with the fishermen to purchase or maintain re- Service Act to establish grant pro- pressures of running a small business, quired safety equipment. The tax cred- grams to provide for education and complying with burdensome regula- it is capped at $1,500. Items such as outreach on newborn screening and co- tions, and maintaining their vessels EPIRBs and immersion suits cost hun- ordinated followup care once newborn and equipment. Added to these chal- dreds of dollars, while life rafts can screening has been conducted, to reau- lenges are the dangers associated with reach into the thousands. The tax cred- thorize programs under part A of title fishing. it will make life-saving equipment XI of such Act, and for other purposes. Year-in and year-out, commercial more affordable for more fishermen, S. 655 fishing ranks among the Nation’s most who currently face limited options At the request of Mr. GRASSLEY, the dangerous occupations. Last August, under the Federal tax code. name of the Senator from Wisconsin when the Bureau of Labor Statistics We have seen far too many tragedies (Mr. FEINGOLD) was added as a cospon- released the most recent National Cen- in this occupation. Please, let us sup- sor of S. 655, a bill to amend the Con- sus of Fatal Occupational Injuries, port fishermen who are trying to pre- gressional Charter of The American fishing was the most dangerous occupa- pare in case disaster strikes. Safety National Red Cross to modernize its tion. While the national rate of occupa- equipment saves lives. By providing a governance structure, to enhance the tional-related fatalities dropped by 1 tax credit for the purchase of safety ability of the board of governors of The percent in 2005, I am saddened to say equipment, Congress can help ensure American National Red Cross to sup- that the fishing community saw an in- that fishermen have a better chance of port the critical mission of The Amer- crease of almost 14 percent from the returning home each and every time ican Red Cross in the 21st century, and previous year. I have introducd similar they head out to sea. for other purposes. measures in previous sessions of Con- S. 684 gress, but these tragic statistics illus- I ask unanimous consent that the At the request of Mr. DORGAN, the trate why this piece of legislation is text of the bill be put in the RECORD. name of the Senator from North Da- absolutely needed right now. There being no objection, the text of kota (Mr. CONRAD) was added as a co- And as we know, these statistics the bill was ordered to be printed in sponsor of S. 684, a bill to clarify the have a very real face to them. And the RECORD, as follows: authority of the Secretary of the Inte- sadly, the New England fishing commu- S. 687 rior with respect to the management of nity is certainly no stranger to the Be it enacted by the Senate and House of Rep- the elk population located in the Theo- pain and loss of their own. resentatives of the United States of America in dore Roosevelt National Park. Last November, the small fishing Congress assembled, S. RES. 33 community of Port Clyde saw the trag- SECTION 1. SHORT TITLE. At the request of Mr. LUGAR, the ic loss of one their own. The Taylor This Act may be cited as the ‘‘Commercial name of the Senator from Kansas (Mr. Emily, a 48-foot fishing boat, capsized Fishermen Safety Act of 2007’’.

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Agriculture, 31 million Americans are ‘‘SEC. 45O. FISHING SAFETY EQUIPMENT CREDIT. (d) EFFECTIVE DATE.—The amendments ‘‘(a) GENERAL RULE.—For purposes of sec- made by this section shall apply to taxable living on the edge of hunger. USDA tion 38, in the case of an eligible taxpayer, years beginning after the date of the enact- statistics show that up to 96 billion the fishing safety equipment credit deter- ment of this Act. pounds of food go to waste each year in mined under this section for the taxable year the United States. If a small percent- is 75 percent of the amount of qualified fish- By Mr. LUGAR (for himself and age of this wasted food could be redi- ing safety equipment expenses paid or in- Mrs. LINCOLN): rected to food banks, we could make curred by the taxpayer during the taxable S. 689. A bill to amend the Internal important strides in our fight against year. Revenue Code of 1986 to permanently hunger. ‘‘(b) LIMITATION ON MAXIMUM CREDIT.—The credit allowed under subsection (a) with re- extend and expand the charitable de- I have been especially impressed by spect to a taxpayer for the taxable year shall duction for contributions of food inven- the remarkable work of food banks in not exceed $1,500. tory; to the Committee on Finance. Indiana. In many cases, they are ‘‘(c) ELIGIBLE TAXPAYER.—For purposes of Mr. LUGAR. Mr. President, on behalf partnered with churches and faith- this section, the term ‘eligible taxpayer’ of myself and Senator LINCOLN, I rise based organizations and are making a means a taxpayer engaged in a fishing busi- today to introduce the ‘‘Good Samari- tremendous difference in our commu- ness. tan Hunger Relief Tax Incentive Exten- nities. We should support this private ‘‘(d) DEFINITIONS.—For purposes of this sec- sion Act of 2007’’. This important legis- sector activity, which not only feeds tion— people, but also strengthens commu- ‘‘(1) FISHING BUSINESS.—The term ‘fishing lation extends and expands the food business’ means the conduct of commercial bank donation provisions that were in- nity bonds and demonstrates the power fishing as defined in section 3 of the Magnu- cluded in the Pension Protection Act of of faith, charity, and civic involve- son-Stevens Fishery Conservation and Man- 2006 (Public Law 109–280). The Pension ment. agement Act (16 U.S.C. 1802). Protection Act allows farmers and Each citizen can make an important ‘‘(2) QUALIFIED FISHING SAFETY EQUIPMENT small business owners to receive a tax contribution to the fight against hun- EXPENSES.— deduction for donation of food products ger at a local level. It is important to ‘‘(A) IN GENERAL.—The term ‘qualified fish- contributed to food banks, pantries and make sure that none of us forget those ing safety equipment expenses’ means an who find themselves having to utilize amount paid or incurred for fishing safety homeless shelters for 2006 and 2007. The new law permits businesses a de- the services of the food banks. In order equipment for use by the taxpayer in connec- to ensure that hunger relief organiza- tion with a fishing business. duction from their taxes for a donation ‘‘(B) FISHING SAFETY EQUIPMENT.—The term equal to either (1) twice cost basis; or tions are meeting the greater demand ‘fishing safety equipment’ means— (2) the difference of cost basis plus one they are seeing, we must make food ‘‘(i) lifesaving equipment required to be half the difference between cost basis drives a part of everyday activities. carried by a vessel under section 4502 of title and fair market value. Food donations People should get in the habit of buy- 46, United States Code, and of all sizes from all businesses can ing extra cans or boxes of food on every ‘‘(ii) any maintenance of such equipment trip to the grocery store, not just required under such section. qualify for this type of donation. The bill that I am introducing today in- around the holiday season. ‘‘(e) SPECIAL RULES.— I am committed to work with Chair- ‘‘(1) IN GENERAL.—Rules similar to the creases the valuation to full market man BAUCUS and Ranking Member rules of subsections (c), (d), and (e) of section value of the donation and makes this GRASSLEY to find an offset to pay for 52 shall apply for purposes of this section. provision a permanent part of the In- this change to the tax code. I would ‘‘(2) AGGREGATION RULES.—All persons ternal Revenue Code. like to thank them for their past sup- treated as a single employer under sub- Demand on food banks has been ris- port of this initiative and commend section (a) or (b) of section 52 or subsection ing, and these tax deductions would be (m) or (o) of section 414 shall be treated as them on their efforts in helping Amer- an important step in increasing private one person for purposes of subsection (a). ica’s charities meet their funding donations to the non-profit hunger re- ‘‘(f) DENIAL OF DOUBLE BENEFIT.—No de- goals, and assist those individuals who lief charities playing a critical role in duction shall be allowed under this chapter take advantage of the services provided (other than a credit under this section) for meeting America’s nutrition needs. It any amount taken into account in deter- by these groups. is estimated that food banks provide I believe the enactment of this legis- mining the credit under this section. meals to more than 23 million Ameri- ‘‘(g) BASIS ADJUSTMENT.—For purposes of lation would be a great incentive in re- cans and that 13 million children are directing this food from being dis- this subtitle, if a credit is allowed under this hungry or at risk of hunger. section with respect to any equipment, the carded to being distributed to hungry basis of such equipment shall be reduced by As I have traveled around Indiana, I families. the amount of the credit so allowed.’’. have visited many food banks in our (b) CONFORMING AMENDMENTS.— State. They have confirmed the results By Ms. LANDRIEU: (1) Section 38(b) of the Internal Revenue of a study by the U.S. Conference of S. 690. A bill to amend the Small Code of 1986 (relating to general business Mayors that showed demand for food at Business Act to authorize the Adminis- credit) is amended by striking ‘‘plus’’ at the food banks has risen one hundred per- trator of the Small Business Adminis- end of paragraph (30), by striking the period cent. Forty-eight percent of the people tration to waive the prohibition on du- at the end of paragraph (31) and inserting ‘‘, requesting emergency food assistance plus’’, and by adding at the end the following plication of certain disaster relief as- new paragraph: are either children or their parents. sistance; to the Committee on Small ‘‘(32) the fishing safety equipment credit The number of elderly persons request- Business and Entrepreneurship. determined under section 45O(a).’’. ing food assistance has increased by Ms. LANDRIEU. Mr. President, I (2) Subsection (a) of section 1016 of such ninety-two percent. The success of wel- come to the floor today to highlight Code is amended by striking ‘‘and’’ at the fare reform legislation has moved the ongoing needs of our small busi- end of paragraph (36), by striking the period many recipients off welfare and into nesses and homeowners in the gulf at the end of paragraph (37) and inserting ‘‘, jobs. In many States, welfare roles coast who were devastated by Hurri- and’’, and by adding at the end the following have been reduced by more than half. canes Katrina and Rita. In Louisiana new paragraph: ‘‘(38) in the case of equipment with respect But we need to recognize that these in- alone, these disasters claimed 1,464 to which a credit was allowed under section dividuals and their families are living lives, destroyed more than 200,000 45O, to the extent provided in section on modest wages. As unemployment homes and 18,000 businesses and in- 45O(g).’’. rates have risen, as with the fluctua- flicted $25 billion in uninsured losses.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4684 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 27, 2007 Many of my colleagues here in the Sen- deemed to be duplication, deduct the ship on the Senate Committee on ate have been down to Louisiana and duplication amount from the grant Small Business and Entrepreneurship have seen firsthand the size and scope proceeds. As I said, I want the SBA to as well as the new SBA administrator, of the destruction. The Congress has ensure taxpayers funds are used wisely, Steve Preston, are receptive to ad- been very generous in providing bil- but at the same time, I want to ensure dressing ongoing needs in the gulf lions of Federal recovery dollars as that all residents are able to get the coast. I look forward to working close- well as valuable Gulf Opportunity, GO, funds they need to rebuild their homes. ly with them in the coming weeks to Zone tax incentives to help spur recov- Under the current scenario, some provide substantive and lasting solu- ery in the region. These resources will residents who have additional unin- tions for our small businesses and be key in the recovery of the region sured losses, are being required to still homeowners. but there are additional needs on the pay back these grant proceeds. This is I urge my colleagues to support this ground that still must be addressed. because many SBA loss inspections important legislation and ask unani- That is why I am proud to introduce a were done right after the storms in mous consent that the text of the legis- bill today, the Catastrophic Disaster 2005, but since then building/labor costs lation be printed in the RECORD. Recovery Improvements Act of 2007, have increased dramatically, and this There being no objection, the text of which I believe, addresses a specific is not reflected in the SBA verified the bill was ordered to be printed in problem which is impacting home- loss. Borrowers are able to request a the RECORD, as follows: owners throughout the gulf coast. loan modification from SBA, but many S. 690 Katrina was the most destructive residents who waited months and Be it enacted by the Senate and House of Rep- hurricane ever to hit the United months for SBA to respond are wary to resentatives of the United States of America in States. The next month, in September, go through the process again, espe- Congress assembled, Hurricane Rita hit the Louisiana and cially if there is a prospect they will be SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Catastrophic Texas coast. It was the second most declined for the increased loan amount. Disaster Recovery Improvements Act of powerful hurricane ever to hit the I can’t blame them because there is 2007’’. United States, wreaking havoc on the enough uncertainty down there right SEC. 2. WAIVER OF PROHIBITION ON DUPLICA- southwestern part of my State and the now. Personally, I would also be hesi- TION OF CERTAIN BENEFITS. east Texas coast. This one-two punch tant to go through the SBA loan proc- (a) IN GENERAL.—Section 7(b) of the Small devastated Louisiana lives, commu- ess again if I had to fill out as much Business Act (15 U.S.C. 636(b)) is amended by nities and jobs, stretching from Cam- paperwork as my constituents have inserting immediately after paragraph (3) the following: eron Parish in the west to Plaquemines had to fill out, and to receive constant ‘‘(4) WAIVER OF PROHIBITION ON DUPLICATION Parish in the east. requests for more information once OF CERTAIN BENEFITS.—For any major dis- We are now rebuilding our State and they think they are done with submit- aster (as that term is defined in section 102 the wide variety of communities that ting information. of the Robert T. Stafford Disaster Relief and were devastated by Rita and Katrina, For this reason, this bill provides the Emergency Assistance Act (42 U.S.C. 5122)), areas representing a diverse mix of SBA administrator the flexibility to in providing assistance under paragraph (1) population, income and cultures. We waive, partially or fully at the discre- or (2), the Administrator may waive, in hope to restore the region’s uniqueness tion of the administrator, this ‘‘dupli- whole or in part, the prohibition on the du- and its greatness. To do that, we need cation of benefits’’ rule. This provides plication of benefits, including whether dam- borrowers with additional funds for re- age or destruction has been compensated for to rebuild our local economies now and by, credit is available from, activities are re- far into the future. We cannot succeed, building while retaining the Federal imbursable through, or funds have been however, if our homeowners are being Government’s financial responsibility made available from any other source.’’. buried under Federal red tape and regu- to taxpayers. I believe this common- (b) APPLICABILITY AND RETROACTIVITY FOR lations. sense fix for major disasters corrects a VICTIMS OF HURRICANES KATRINA, RITA, AND The people who work for the Small major problem occurring in Louisiana WILMA.—The amendment made by this sec- Business Administration and FEMA right now and gives SBA some flexi- tion shall apply to any assistance under sec- bility for future major disasters. The tion 7(b) of the Small Business Act (15 U.S.C. are dedicated and interested to help in 636(b)) provided on or after August 29, 2005. the recovery of our region. However, current SBA interpretation of these these individuals are operating under a regulations overlooks the fact that a By Mr. CONRAD: system which is inadequate and, in grant, with no repayment, has a dif- S. 691. A bill to amend title XVIII of some cases, unresponsive to needs on ferent value to homeowners than loans, the Social Security act to improve the the ground. which require repayment. In effect, dis- benefits under the Medicare program I come to the floor today to intro- aster victims are being penalized for for beneficiaries with kidney disease, duce a bill which provides a common- getting an SBA loan before they re- and for other purposes; to the Com- sense solution to get the Federal as- ceived their Road Home grant and that mittee on Finance. sistance to our struggling homeowners. is not how the Federal Government Mr. CONRAD. Mr. President, today I If we don’t help them now, building a should respond to victims, who in am pleased to introduce the Kidney strong gulf coast will be all the more many cases, lost everything. We should Care Quality and Education Act. For difficult if residents cannot rebuild not allow victims to ‘‘double-dip’’ or the over 400,000 Americans living with their homes and businesses cannot benefit from the disaster, but the Fed- kidney disease, the time has come to open their doors. eral Government should be responsive modernize and improve the Medicare For homeowners in Louisiana, the to needs on the ground and adjust as End Stage Renal Disease (ESRD) pro- State is doing its part by setting up necessary to allow disaster victims to gram. They simply can’t wait any the Louisiana Road Home program, to fully recover. longer. provide homeowners with up to $150,000 In introducing this bill today, I am When Congress enacted the Medicare in grant proceeds for uninsured losses hopeful it sends the signal to gulf coast ESRD program, we recognized that this on their properties. This program is residents that Congress has not forgot- disease was unique and deserved special State-administered, but supplemental ten about them and that we are doing consideration. Unfortunately, since CDBG-funded. However, many appli- our part to reduce red tape and bu- that time, Congress has fallen behind cants are concerned because under the reaucracy. Congress did a great deal in its commitment, and the program Stafford and Small Business Acts, the during the 109th Congress to help vic- has not kept pace with changes in SBA is required to ensure there are no tims of the 2005 storms, but that does treatment. My bill would take needed ‘‘duplication of benefits’’ provided to not mean we should just write off re- steps to modernize and improve the disaster victims. This means that SBA curring problems to the responsibility program to recognize quality and en- must review every file which received of States or disaster victims them- courage education on kidney disease to an SBA Disaster Loan, and if there is selves. I believe that both the leader- better prevent and control ESRD.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4685 The Kidney Care Quality and Edu- ory Act, or the ADAM Act. This bill is ing the hospital. Every minute that cation Act establishes education pro- modeled after the successful Project passes before a cardiac arrest victim is grams to assist patients with kidney ADAM that originally began in Wis- defibrillated, the chance of survival disease to learn important self-man- consin, and will reauthorize a program falls by as much as 10 percent. After agement skills that will help them to establish a national clearing house only 8 minutes, the victim’s survival manage their disease more effectively to provide schools with the ‘‘how-to’’ rate drops by 60 percent. This is why and improve their quality of life. The and technical advice to set up a public early intervention is essential—a com- bill also seeks to help individuals be- access defibrillation program. bination of CPR and use of AEDs can fore they develop irreversible kidney Sudden cardiac death from coronary save lives. failure by teaching individuals about heart disease occurs over 900 times per Heart disease is not only a problem the factors that lead to chronic kidney day in the United States. By improving among adults. A few years ago I disease, the precursor to kidney fail- access to automated external learned the story of Adam Lemel, a 17- ure, and how to prevent it, treat it, defibrillators, or AEDs, we can improve year-old high school student and a star and, most importantly, avoid it. Addi- the survival rates of cardiac arrest in basketball and tennis player in Wis- tionally, the bill seeks to establish uni- our communities. consin. Tragically, during a timeout form training requirements for dialysis In my home State of Wisconsin, as in while playing basketball at a neigh- technicians and to identify barriers to many other States, heart disease is the boring Milwaukee high school, Adam accessing the home dialysis benefit. number one killer. In 2004, 35.4 percent suffered sudden cardiac arrest, and died Improving the ESRD program pay- of all deaths in Wisconsin were caused before the paramedics arrived. ment system and ensuring continued by heart disease and stroke. Overall, This story is incredibly sad. Adam high quality care is also a critical com- heart disease kills more Americans had his whole life ahead of him, and ponent of modernizing the ESRD pro- than AIDS, cancer and accidents com- could quite possibly have been saved gram. Medicare established the first bined. with appropriate early intervention. In prospective payment system (PPS) in Cardiac arrest can strike anyone. fact, we have seen a number of exam- the ESRD program in the early 1980s. Cardiac victims are in a race against ples in Wisconsin where early CPR and Yet, the ESRD program remains the time, and unfortunately, for too many access to defibrillation have saved only Medicare PPS that does not re- of those in rural areas, Emergency lives. ceive an annual update. As a result, di- Medical Services are unable to reach Seventy miles away from Milwaukee, alysis facilities have experienced dif- people in need, and time runs out. It’s a 14-year-old boy collapsed while play- ficulties in hiring qualified health care simply not possible to have EMS units ing basketball. Within 3 minutes, the professionals and purchasing new tech- next to every farm and small town emergency team arrived and began nology. across the Nation. CPR. Within 5 minutes of his collapse, It is time for the dialysis community Fortunately, recent technological ad- the paramedics used an AED to jump to receive annual payment updates; vances have made the newest genera- start his heart. Not only has this however, it is also critically important tion of AEDs inexpensive and simple to young man survived, doctors have iden- that increased payments are tied to operate. Because of these advance- tified his father and brother as having high quality. My bill addresses both of ments in AED technology, it is now the same heart condition and have these issues by creating a three-year practical to train and equip police offi- begun preventative treatments. Continuous Quality Improvement Ini- cers, teachers, and members of other These stories help to underscore tiative to link payments with quality. community organizations. some important issues. First, although First, the three-year initiative would An estimated 164,600 Americans expe- cardiac arrest is most common among create an annual update mechanism to rience out-of-hospital sudden cardiac adults, it can occur at any age—even in fairly pay providers. Second, it would arrests each year. Immediate CPR and apparently healthy children and ado- ask providers to report on quality early defibrillation using an AED can lescents. Second, early intervention is measures developed through consulta- more than double a victim’s chance of essential—a combination of CPR and tion with key stakeholders. Finally, it survival. By taking some relatively the use of AEDs can save lives. Third, would withhold a certain percentage of simple steps, we can give victims of some individuals who are at risk for the annual update to fund a quality cardiac arrest a better chance of sur- sudden cardiac arrest can be identified bonus pool from which payments would vival. to prevent cardiac arrest. be made to those providers who provide Over the past 6 years, I have worked After Adam Lemel suffered his car- the best quality of care. with Senator SUSAN COLLINS, a Repub- diac arrest, his friend David Ellis Congress must reaffirm its commit- lican from Maine, on a number of ini- joined forces with Children’s Hospital ment to Americans with kidney failure tiatives to empower communities to of Wisconsin to initiate Project ADAM by improving the program through new improve cardiac arrest survival rates. to bring CPR training and public ac- educational programs, quality initia- We have pushed Congress to support cess defibrillation into schools, educate tives, and payment reform. The Kidney rural first responders—local police and communities about preventing sudden Care Quality and Education Act is a fire and rescue services—in their ef- cardiac deaths and save lives. comprehensive bill that moves the pro- forts to provide early defibrillation. Today, Project ADAM has introduced gram in that direction. I urge my col- Congress heard our call, and responded AEDs into several Wisconsin schools, leagues to join with me in supporting by enacting two of our bills, the Rural and has been a model for programs in this important legislation. Access to Emergency Devices Act and Washington, Florida, Michigan and the ADAM Act. elsewhere. Project ADAM provides a By Mr. FEINGOLD (for himself The Rural Access to Emergency De- model for the Nation, and now, with and Ms. COLLINS): vices program allows community part- the enactment of this new law, more S. 693. A bill to amend the Public nerships across the country to receive schools will have access to the infor- health Service Act to reauthorize the a grant enabling them to purchase mation they seek to launch similar Automated Defibrillation in Adam’s defibrillators, and receive the training programs. Memory Act; to the Committee on needed to use these devices. I’m The ADAM Act was passed into law Health, Education, Labor, and Pen- pleased to say that grants have already in 2003, but has yet to be funded. sions. put defibrillators in rural communities Should funding be enacted, the pro- Mr. FEINGOLD. Mr. President, today in 49 States, helping those commu- gram will help to put life-saving I am pleased to be joined by the Sen- nities be better prepared when cardiac defibrillators in the hands of people in ator from Maine, Ms. COLLINS, in intro- arrest strikes. schools around the country. I have ducing the reauthorization of the Auto- Approximately 95 percent of sudden been very proud to play a part in hav- mated Defibrillators in Adam’s Mem- cardiac arrest victims die before reach- ing this bill signed into law, and it is

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4686 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 27, 2007 my hope that the reauthorization of mobile accidents, which can be just as property in this area was owned by the Act will quickly pass through the tragic. This bill is named in honor of a Turkish Cypriots, with the rest owned Congress and into law, and that fund- 2-year-old Long Island boy who was by Greek Cypriots and foreigners. Tur- ing will follow. It would not take much killed when his father accidentally key’s invasion and subsequent occupa- money to fund this program and save backed over him in his driveway. Since tion of northern Cyprus displaced peo- lives across the country. 2000, over 1,150 children have died in ple who are to this day prevented by The ADAM Act is one way we can non-traffic, non-crash incidents, and the Turkish Armed Forces from return- honor the life of children like Adam this number has been steadily rising. ing to and repossessing their homes Lemel, and give tomorrow’s pediatric The average age of victims in these and properties. cardiac arrest victims a fighting cases is just 1 year old, and in 70 per- A large proportion of these properties chance at life. cent of backover cases, a parent, rel- were distributed to, and are currently This act exists because a family that ative or close friend is behind the being used by, the 120,000 Turkish set- experienced the tragic loss of their son wheel. This bill is aimed at preventing tlers brought into the occupied area by was determined to spare other families other families from suffering this fate. Turkey. It is estimated that 7,000 to that same loss. I thank Adam’s par- The Cameron Gulbransen Kids and 10,000 U.S. nationals today claim an in- ents, Joe and Patty, for their coura- Cars Safety Act would make new pas- terest in such property. geous efforts and I thank them for ev- senger motor vehicles safer in three Adding urgency to the plight of erything they have done to help the important ways. First, it requires a de- Greek-Cypriots and Americans who ADAM Act become law. Their actions tection system to alert drivers to the lost property in the wake of the inva- take incredible bravery, and I com- presence of a child behind the vehicle. sion is a recent property development mend them for their efforts. Second, it will ensure that power win- boom in the Turkish-occupied north of By making sure that AEDs are avail- dows automatically reverse direction Cyprus. As an ever-increasing number able in our Nation’s rural areas, when they detect an obstruction—pre- of disputed properties are transferred schools and throughout our commu- venting children from being trapped, or developed, the rightful owners’ pros- nities we can help those in a race injured or killed. And finally, the bill pects for recovering their property or against time have a fighting chance of will require the vehicle service break being compensated worsen. survival when they fall victim to car- to be engaged in order to prevent vehi- In 1998, the European Court of Human diac arrest. I urge Congress to pass this cles from unintentionally rolling away. Rights found that Turkey had unlaw- reauthorization, and to fund this Act. The bill also establishes a child safe- fully deprived Greek Cypriot refugees We have the power to prevent death— ty information program administered of the use of their properties in the all we must do is act. by the Secretary of Transportation to north of the island. The Court ruled I ask unanimous consent that the collect non-traffic, non-crash incident that the Government of Turkey was text of the bill be printed in the data and disseminate information to obliged to compensate the refugees for RECORD. parents about these hazards and ways such deprivation, and to allow them to There being no objection, the text of to mitigate them. return home. the bill was ordered to be printed in This bill proves that with modest, It is to provide similar redress to the the RECORD, as follows: cost-effective steps, we can prevent American victims of Turkey’s invasion many tragic car-related accidents from S. 693 and occupation of Cyprus that my col- occurring. Power window sensors, for Be it enacted by the Senate and House of Rep- league Senator MENENDEZ and I today example, cost around $10 a window. resentatives of the United States of America in introduce the ‘‘American-Owned Prop- Congress assembled, Brakeshift interlocks are already erty in Occupied Cyprus Claims Act’’. SECTION 1. SHORT TITLE. standard in most passenger vehicles, This Act may be cited as the ‘‘Automated but will cost only $5 where needed. This act would direct the U.S. Gov- Defibrillation in Adam’s Memory Reauthor- Backover warning systems cost ap- ernment’s independent Foreign Claims ization Act’’. proximately $300 a car, far cheaper Settlement Commission to receive, SEC. 2. AMENDMENT TO PUBLIC HEALTH SERV- than DVD and stereo systems. This in- evaluate and determine awards with re- ICE ACT. expensive technology could save thou- spect to the claims of U.S. citizens and Section 312(e) of the Public Health Service businesses that lost property as a re- Act (42 U.S.C. 244(e)) is amended in the first sands of children’s lives. I fought long and hard into the last sult of Turkey’s invasion and contin- sentence by striking ‘‘fiscal year 2003’’ and ued occupation of northern Cyprus. To all the follows through ‘‘2006’’ and inserting hours of the 109th Congress to get this provide funds from which these awards ‘‘for each of fiscal years 2003 through 2011’’. bill through and I know that families, advocates and many of my colleagues would be paid, the act would urge the By Mrs. CLINTON (for herself, are poised to continue that momentum President to authorize the Secretary of Mr. SUNUNU, Mr. REED, Mr. in the new Congress. State to negotiate an agreement for KERRY, Mr. DURBIN, Mr. NELSON I am proud to be reintroducing the settlement of such claims with the of Florida, Ms. MIKULSKI, Mr. Cameron Gulbransen Kids and Cars Government of Turkey. SCHUMER, Mrs. FEINSTEIN, Mr. Safety Act of 2007 and urge all my col- The act would further grant U.S. ROBERTS, Mrs. HUTCHISON, and leagues to join me in supporting this Federal courts jurisdiction over suits Mr. LAUTENBERG): bill. Together, we can ensure that we by U.S. nationa1s against any private S. 694. A bill to direct the Secretary have safer cars and safer kids across persons, other than Turkey, occupying of Transportation to issue regulations our country. or otherwise using the U.S. national’s to reduce the incidence of child injury property in the Turkish-occupied por- and death occurring inside or outside By Ms. SNOWE (for herself and tion of Cyprus. Lastly, the act would of light motor vehicles, and for other Mr. MENENDEZ): expressly waive Turkey’s sovereign im- purposes; to the Committee on Com- S. 695. A bill to amend the Inter- munity against claims brought by U.S. merce, Science, and Transportation. national Claims Settlement Act of 1949 nationals in U.S. courts relating to Mrs. CLINTON. Mr. President, today to allow for certain claims of nationals property occupied by the Government I am reintroducing with my colleague of the United States against Turkey, of Turkey and used by Turkey in con- Senator SUNUNU The Cameron and for other purposes; to the Com- nection with a commercial activity Gulbransen Kids and Cars Safety Act, a mittee on Foreign Relations. carried out in the United States. bill to improve the child safety fea- Ms. SNOWE. Mr. President, as you This bill represents an important tures in new vehicles. may know, Turkey invaded the north- step toward righting the internation- While we hear a great deal about ern area of the Republic of Cyprus in ally recognized wrong of the expropria- automobile accidents, we don’t hear the summer of 1974. At that time, less tion of property, including American nearly as much about non-traffic auto- than 20 percent of the private real property, in northern Cyprus in the

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4687 wake of the 1974 invasion by the Turk- together brilliant physicists and engi- A minimum of 180 of them would be ish Army. I strongly urge my col- neers to build an atomic bomb in 3 technical staff. A director of the agen- leagues to promptly consider and pass short years. And after President Ken- cy and four deputies would lead ARPA– this critical piece of legislation. nedy described his vision to a joint ses- E. I propose that ARPA–E be funded at sion of Congress in May of 1961, the $300 million in fiscal year 2008, $600 mil- By Mr. BAUCUS: Apollo space program put a man on the lion in 2009, $1.1 billion in 2010, $1.5 bil- S. 696. A bill to establish an Ad- moon in just 8 years. lion in 2011, and $2.0 billion in 2012. vanced Research Projects Administra- Looking back, these achievements We would require that the staff have tion-Energy to initiate high risk, inno- look stunning. Both projects started a technical background. The agency vative energy research to improve the out with no guarantee of success. Each would use the Experimental Personnel energy security of the United States, could have ended in utter failure. Yet Authority designed for DARPA. That and for other purposes; to the Com- because of the talent, ingenuity, and authority authorizes higher salaries mittee on Energy and Natural Re- focus of creative minds, they both suc- than for typical Federal employees, sources. ceeded. and faster hiring, so that the agency Mr. BAUCUS. Mr. President, energy Breaking out of the energy box poses could get to work quickly. is once again one of the top two or a similar challenge. Success is not To keep the intense, innovative focus three domestic issues facing the Con- guaranteed. But we have got to give it that we want, technical staff would be gress this year. our best shot. limited to 3 to 4 years at the agency. Prices for gasoline, heating oil, elec- Today I am reintroducing legislation Managers would be limited to 4 to 6 tricity, and natural gas have soared in to create an ARPA–E, Advanced Re- years. The director could give both recent years, hitting working families search Projects Agency—Energy. My groups extended terms of employment hard. Our energy security has been legislation would create a new energy if the director so chose. threatened on many fronts: We have research agency to help our nation face For contracts, the agency would use seen a terrorist attack on Saudi Ara- the challenges of a newly competitive the DARPA procedure. That procedure bian oil facilities, oil workers kid- global economy. It will help us to move allows more flexible contracting ar- napped in Nigeria, Venezuelan Presi- into a new energy future. rangements than are normally possible dent Hugo Chavez threatened to cut off We have the greatest research sci- under the Federal Acquisition Regula- our supply of oil from his country, and entists on the planet. We have the tions. To ensure that ARPA–E would some question whether Iran’s role as most technically-talented workforce in conduct innovative research, 75 percent an oil supplier keeps other countries the world. But we do not have the vigor of research projects initiated by from properly addressing Iran’s nuclear that we need in energy research. En- ARPA–E would not be peer reviewed. The ARPA-E would be authorized to proliferation threat. Recently we ergy research is a backwater, compared award cash prizes to encourage and ac- learned that Russia and Iran are talk- to other research efforts in bio- celerate energy research accomplish- ing about creating an OPEC-like orga- technology, medicine, computers, and nization for natural gas—a cartel that ments. defense-oriented projects. Finally, the bill would require a re- could put even more pressure on nat- With the Manhattan project and the port by the end of fiscal year 2008 on ural gas prices. Apollo space program, America proved whether ARPA–E would need its own Energy provides one of America’s that we can gather the best talent for energy research lab. greatest challenges for the 21st cen- a focused mission and succeed. It is Congress enacted an important com- tury. Our economy has been dependent time that we began a similar effort on panion piece to ARPA–E last December on oil and coal for about 100 years. And energy. in the Tax Relief and Health Care Act since World War II, natural gas has be- We need to create a new agency to of 2006. That law extended the credit come part of the equation. Will we con- initiate cutting-edge, innovative en- for electricity from renewable re- tinue to rely on these energy sources ergy research and development aimed sources, added $400 million to the Clean for the next 100 years? at taking us to a new energy future. Renewable Energy Bond program, ex- The cost of energy will profoundly af- Doing so is essential to our effort to tended the deduction for energy effi- fect the future competitiveness of the improve our economic competitiveness. cient buildings and the credit for en- American economy. As the Chinese and The new agency is modeled on ergy efficient homes, and provided in- Indian economies grow, so will their DARPA—the Defense Advanced Re- centives for cellulosic biomass ethanol demand for energy. And that will add search Projects Agency—in the Depart- facilities. further upward pressure to energy ment of Defense. Among the revolu- On the energy agenda this year is prices. tionary technologies that DARPA has consideration of President Bush’s pro- Global climate change is another developed are the internet and stealth posal to increase Federal targets for issue that demands that we take a technology for aircraft. DARPA has use of renewable and alternative fuels. fresh look at our energy future. While been a tremendous success. And additional tax incentives to en- we address the issue of energy security, The National Academy of Sciences, courage the development and use of al- we must also keep an eye on the effect the National Academy of Engineering, ternative energy are being con- that new energy development will have and the Institute of Medicine joined to templated. on carbon dioxide emissions and global form the Committee on Prospering in We are seeing exciting new efforts in warming. the Global Economy of the 21st Cen- America to strengthen our energy com- We are essentially trapped in an en- tury. Norm Augustine chaired the com- petitiveness. We need to build on this ergy box. It is a box characterized by mittee. Based on DARPA’s achieve- foundation by creating an aggressive high imports, wildly fluctuating prices ments, the committee recommended energy research agency that will push for oil and natural gas, and environ- the creation of an ARPA–E: Advanced the limits of new technology and dis- mental danger. As a Nation, we must Research Projects Agency—Energy. cover alternative energy sources. experiment with ways to break out of This was one of a number of rec- America has massive coal reserves. that box. To break out, we need an en- ommendations that the committee So coal gasification is receiving great- ergy research effort modeled after the made in its impressive 2005 report on er attention. Gasification involves Manhattan project, or the Apollo mis- the future competitive challenges that breaking down coal under heat and sion to the moon. America faces. The committee rec- pressure to create synthetic natural America has a brilliant record of ommended that ARPA–E be designed to gas. We must address the environ- gathering the best minds. We have con- conduct transformative, out-of-the-box mental issues. But if this technology sistently met challenges that at first energy research. can be improved, then America will be seemed to be impossible. During World My bill proposes that ARPA–E be a able to take a huge step toward energy War II, the Manhattan project brought small agency with a total of 250 people. independence.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4688 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 27, 2007 There are exciting developments in (1) promoting revolutionary changes in the out the duties of ARPA–E under this section, wind energy. In Montana, the Judith critical technologies that would promote en- including not less than 180 technical staff, of Gap Wind Farm has been generating ergy competitiveness; which— power at full capacity, using 90 wind (2) turning cutting-edge science and engi- (i) not less than 20 staff shall be senior neering into technologies for energy and en- technical managers (including program man- turbines. Each turbine can produce vironmental application; and agers designated under paragraph (1)); and enough electricity for roughly 400 (3) accelerating innovation in energy and (ii) not less than 80 staff shall be technical homes. The entire farm can produce the environment for both traditional and al- program managers. the electricity needed to supply 300,000 ternative energy sources and in energy effi- (3) EXPERIMENTAL PERSONNEL AUTHORITY.— customers. And my State ranks in the ciency mechanisms to— In appointing personnel for ARPA–E, the Di- top 15 States in the Nation for wind (A) reduce energy use; rector shall have the hiring and management power capacity. Nationwide, wind (B) decrease the reliance of the United authorities described in section 1101 of the States on foreign energy sources; and power generating capacity increased 27 Strom Thurmond National Defense Author- (C) improve energy competitiveness. ization Act for Fiscal Year 1999 (Public Law percent in 2006. (c) DIRECTOR.— 105–261; 5 U.S.C. 3104 note). Fusion is another possible area where (1) IN GENERAL.—ARPA–E shall be headed (4) MAXIMUM DURATION OF EMPLOYMENT.— aggressive research could lead to huge by a Director (referred to in this section as (A) PROGRAM MANAGERS AND SENIOR TECH- payoffs. Continuing research will help the ‘‘Director’’) appointed by the President. NICAL MANAGERS.— us to determine whether energy pro- (2) POSITIONS AT LEVEL V.—Section 5316 of (i) IN GENERAL.—Subject to clause (ii), a duction through fusion is a practical title 5, United States Code, is amended by program manager and a senior technical adding at the end the following: manager appointed under this subsection option. ‘‘Director, Advanced Research Projects Ad- Ethanol is also gaining as an alter- shall serve for a term not to exceed 4 years ministration-Energy.’’. after the date of appointment. native energy option. The Nation’s (d) DUTIES.— (ii) EXTENSIONS.—The Director may extend (1) IN GENERAL.—In carrying out this sec- first cellulosic ethanol pilot facility the term of employment of a program man- tion, the Director shall award competitive has opened in Jennings, Louisiana. ager or a senior technical manager appointed grants, cooperative agreements, or contracts This 1.4 million gallons-per-year, dem- under this subsection for not more than 4 to institutions of higher education, compa- onstration-scale facility will produce years through 1 or more 2-year terms. nies, or consortia of such entities (which (B) TECHNICAL PROGRAM MANAGERS.—A cellulosic ethanol from sugarcane may include federally funded research and technical program manager appointed under plant residue and specially-bred energy development centers) to achieve the goal de- this subsection shall serve for a term not to cane by the end of 2007. scribed in subsection (b) through accelera- There are also exciting developments tion of— exceed 6 years after the date of appointment. in nanotechnology, solar power, en- (A) energy-related research; (5) LOCATION.—The office of an officer or employee of ARPA–E shall not be located in ergy-efficient materials, biomass, and (B) development of resultant techniques, processes, and technologies, and related test- the headquarters of the Department of En- green buildings. ergy. All of these are examples of possible ing and evaluation; and (C) demonstration and commercial applica- (f) TRANSACTIONS OTHER THAN CONTRACTS directions for our Nation’s energy fu- tion of the most promising technologies and AND GRANTS.— ture. But we need a more aggressive research applications. (1) IN GENERAL.—To carry out projects and focused research and development (2) SMALL-BUSINESS CONCERNS.—The Direc- through ARPA–E, the Director may enter effort to push these alternatives. And tor shall carry out programs established into transactions (other than contracts, co- we need an effort to create scientific under this section, to the maximum extent operative agreements, and grants) to carry out advanced research projects under this breakthroughs to supplement existing practicable, in a manner that is similar to the Small Business Innovation Research Pro- section under similar terms and conditions technologies. as the authority is exercised under section We have got to give it our best shot. gram established under section 9 of the Small Business Act (15 U.S.C. 638) to ensure 646(g) of the Department of Energy Organiza- As President Franklin Roosevelt said, that small-business concerns are fully able tion Act (42 U.S.C. 7256(g)). we must conduct ‘‘bold, persistent ex- to participate in the programs. (2) PEER REVIEW.—Peer review shall not be perimentation.’’ (e) PERSONNEL.— required for 75 percent of the research Our economic security is at stake. (1) PROGRAM MANAGERS.— projects carried out by the Director under Our ability to compete in the new (A) APPOINTMENT.—The Director shall ap- this section. world economy is at stake. point employees to serve as program man- (g) PRIZES FOR ADVANCED TECHNOLOGY ARPA–E will help us to move forward agers for each of the programs that are es- ACHIEVEMENTS.—The Director may carry out tablished to carry out the duties of ARPA–E a program to award cash prizes in recogni- on existing technologies. It will help us under this section. tion of outstanding achievements in basic, to find new technologies that are not (B) DUTIES.—Program managers shall be advanced, and applied research, technology even imaginable today. responsible for— development, and prototype development I urge my Colleagues to look closely (i) establishing research and development that have the potential for application to the at this legislation. goals for the program, as well as publicizing performance of the mission of ARPA–E under Mr. President, I ask unanimous con- goals of the program to the public and pri- similar terms and conditions as the author- sent that the text of the bill be printed vate sectors; ity is exercised under section 1008 of the En- in the RECORD. (ii) soliciting applications for specific ergy Policy Act of 2005 (42 U.S.C. 16396). There being no objection, the text of areas of particular promise, especially areas (h) COORDINATION OF ACTIVITIES.—The Di- the bill was ordered to be printed in for which the private sector cannot or will rector— not provide funding; (1) shall ensure that the activities of the RECORD, as follows: (iii) selecting research projects for support ARPA–E are coordinated with activities of S. 696 under the program from among applications Department of Energy offices and outside Be it enacted by the Senate and House of Rep- submitted to ARPA–E, based on— agencies; and resentatives of the United States of America in (I) the scientific and technical merit of the (2) may carry out projects jointly with Congress assembled, proposed projects; other agencies. SECTION 1. SHORT TITLE. (II) the demonstrated capabilities of the (i) REPORT.—Not later than September 30, This Act may be cited as the ‘‘Energy Re- applicants to successfully carry out the pro- 2008, the Director shall submit to Congress a search Act of 2007’’. posed research project; and report on the activities of ARPA–E under SEC. 2. ADVANCED RESEARCH PROJECTS ADMIN- (III) such other criteria as are established this section, including a recommendation on ISTRATION-ENERGY. by the Director; and whether ARPA–E needs an energy research (a) ESTABLISHMENT.—There is established (iv) monitoring the progress of projects laboratory. the Advanced Research Projects Administra- supported under the program. (j) AUTHORIZATION OF APPROPRIATIONS.— tion-Energy (referred to in this section as (2) OTHER PERSONNEL.— There are authorized to be appropriated to ‘‘ARPA–E’’). (A) IN GENERAL.—Subject to subparagraph carry out this section— (b) GOALS.—The goals of ARPA–E are to re- (B), the Director shall appoint such employ- (1) $300,000,000 for fiscal year 2008; duce the quantity of energy the United ees as are necessary to carry out the duties (2) $600,000,000 for fiscal year 2009; States imports from foreign sources and to of ARPA–E under this section. (3) $1,100,000,000 for fiscal year 2010; improve the competitiveness of the United (B) LIMITATIONS.—The Director shall ap- (4) $1,500,000,000 for fiscal year 2011; and States economy by— point not more than 250 employees to carry (5) $2,000,000,000 for fiscal year 2012.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4689 By Mr. SPECTER (for himself deterioration. Many of these sites are Specifically, the legislation would and Mr. CASEY): nationally significant and perfectly adjust the Survivors’ and Dependents’ S. 697. A bill to establish the Steel suited for the study and interpretation Educational Assistance Program by in- Industry National Historic Site in the of this crucial period in our Nation’s creasing the dependent benefit to State of Pennsylvania; to the Com- development. Some of these sites in- $80,000 which the dependent can draw mittee on Energy and Natural Re- clude the Carrie Furnace Complex, the against for any period between the ages sources. Hot Metal Bridge, and the United of 17 and 30. This benefit may be used Mr. SPECTER. Mr. President, I have States Steel Homestead Works, which for any expenses incurred while pur- sought recognition to introduce legis- would all become a part of the Steel In- suing an education, including: tuition, lation along with my colleague from dustry National Historic Site under my fees, books, room, and board. Edu- Pennsylvania, Senator Casey, that will legislation. As testimony of the area’s cation benefits may be used for degree honor the importance of the steel in- historic significance, on September 20, and certificate programs, apprentice- dustry in the Commonwealth of Penn- 2006, the Carrie Furnaces were des- ship, and on-the-job training. The sur- sylvania and the Nation by creating ignated as a National Historic Land- viving spouse benefit also will rise to the ‘‘Steel Industry National Historic mark by the Secretary of the Interior. $80,000 and may be used by the spouse Site’’ to be operated by the National Highlights of such a national historic for 20 years after the death of the serv- Park Service in southwestern Pennsyl- site would commemorate a wide range icemember. vania. of accomplishments and topics for his- Of the 24.3 million veterans currently The importance of the steel industry torical preservation and interpretation alive, nearly three-quarters served dur- to the development of the United from industrial process advancements ing a war or an official period of con- States cannot be overstated. A na- to labor-management relations. It is flict. About a quarter of the Nation’s tional historic site devoted to the his- important to note that the site I seek population, approximately 63 million tory of the steel industry will afford all to become a national site under this people, are potentially eligible for vet- Americans the opportunity to cele- bill includes the location of the Battle erans’ benefits and services because brate this rich heritage, which is sym- of the Homestead, waged in 1892 be- they are veterans, family members or bolic of the work ethic endemic to this tween steelworkers and Pinkerton survivors of veterans. Since the de- great nation. The National Park Serv- guards. The Battle of the Homestead pendents program was enacted in 1956, ice has reported that Congress should marked a crucial period in our nation’s the Department of Veterans Affairs make remnants of the U.S. Steel workers’ rights movement. The Com- (VA) also has assisted in the education Homestead Works an affiliate of the monwealth of Pennsylvania, individ- of more than 700,000 dependents of vet- national park system, rather than a uals, and public and private entities erans whose deaths or total disabilities full national park, an option which had have attempted to protect and preserve were service-connected. In 2005, VA been considered in years prior, and resources such as the Homestead bat- helped pay for the education or train- which I proposed in the 107th Congress. tleground the Hot Metal Bridge. For ing of 336,347 veterans and active-duty Due to the backlog of maintenance the benefit and inspiration of present personnel, 87,589 reservists and Na- projects at national parks, the legisla- and future generations, it is time for tional Guardsmen and 74,360 survivors. tion offered today instead creates a na- the Federal Government to join this ef- Surviving families of veterans have tional historic site that would be affili- fort to recognize their importance with already given so much to our Nation. ated with the National Park Service. the additional protection I provide in We need to give the widowed spouses There is no better place for such a site this bill. and children a helping hand. Therefore, than in southwestern Pennsylvania, I would like to commend my col- in honor of these families and our which played a significant role in early league, Representative DOYLE, who has brave fallen servicemembers, I encour- industrial America and continues been a longstanding leader in this pres- age my colleagues to support the Vet- today. ervation effort and who has consist- erans’ Survivor Education Enhance- I have long supported efforts to pre- ently sponsored identical legislation in ment Act and cosponsor this important serve and enhance the historical steel- the U.S. House of Representatives. I legislation. related heritage through the Rivers of look forward to working with south- I ask unanimous consent that the Steel Heritage Area, which includes western Pennsylvania officials and Mr. text of the bill be printed in the the city of Pittsburgh, and seven August Carlino, President and Chief RECORD. southwestern Pennsylvania counties: Executive Officer of the Steel Industry There being no objection, the text of Allegheny; Armstrong, Fayette, Heritage Corporation, in order to bring the bill was ordered to be printed in Greene, Washington and Westmore- this national historic site to fruition. the RECORD, as follows: land. I have sought and been very We came very close to passing this bill S. 698 pleased with congressional support for in the 108th Congress with its passage Be it enacted by the Senate and House of Rep- the important work within the Rivers in various forms in the House and the resentatives of the United States of America in of Steel Heritage Area expressed Senate. However, Congress adjourned Congress assembled, through appropriations levels of rough- prior to final passage of the same bill SECTION 1. SHORT TITLE. ly $1 million annually since fiscal year in both chambers during the 108th and This Act may be cited as the ‘‘Veterans’ 1998. I am hopeful that this support l09th Congresses. Therefore, today we Survivors Education Enhancement Act of will continue. However, more than just reintroduce this legislation and urge 2007’’. resources are necessary to ensure the its swift passage. SEC. 2. EXPANSION AND ENHANCEMENT OF EDU- historical recognition needed for this CATIONAL ASSISTANCE FOR SUR- VIVORS AND DEPENDENTS OF VET- important heritage. That is why I am By Mr. DURBIN (for himself, Mr. ERANS. introducing this legislation today. HAGEL, and Mr. WARNER): (a) TERMINATION OF DURATIONAL LIMITA- It is important to note why Pennsyl- S. 698. A bill to amend title 38, TION ON USE OF EDUCATIONAL ASSISTANCE AND vania should be the home of the na- United States Code, to expand and en- RESTATEMENT OF CONTINUING REQUIRE- tional site that my legislation author- hance educational assistance for sur- MENTS.— izes. The combination of a strong vivors and dependents of veterans; to (1) IN GENERAL.—Subsection (a) of section workforce, valuable natural resources, the Committee on Veterans’ Affairs. 3511 of title 38, United States Code, is amend- and Pennsylvania’s strategic location Mr. DURBIN. Mr. President, today I ed to read as follows: in the heavily populated northeastern am introducing the Veterans’ Survivor ‘‘(a)(1) Notwithstanding any other provi- sion of this chapter or chapter 36 of this United States allowed the steel indus- Education Enhancement Act. This leg- title, any payment of educational assistance try to thrive. Today, the remaining islation would expand education bene- described in paragraph (2) shall not be buildings and sites devoted to steel fits for the survivors and dependents of charged against the entitlement of any indi- production are threatened with further fallen servicemembers. vidual under this chapter.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4690 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 27, 2007 ‘‘(2) The payment of educational assistance ‘‘(4) A course or courses or other program lowances payable under section 3015(e) of referred to in paragraph (1) is the payment of of special educational assistance as provided this title.’’. such assistance to an individual for pursuit in section 3491(a) of this title. (d) OTHER CONFORMING AMENDMENTS.— of a course or courses under this chapter if ‘‘(5) A program of apprenticeship or other Title 38, United States Code, is further the Secretary finds that the individual— on-job training pursued in a State as pro- amended as follows: ‘‘(A) had to discontinue such course pur- vided in section 3687(a) of this title. (1) In section 3524, by striking ‘‘the edu- suit as a result of being ordered to serve on ‘‘(6) In the case of an eligible spouse or sur- cational assistance allowance’’ each place it active duty under section 688, 12301(a), viving spouse, a program of education exclu- appears and inserting ‘‘educational assist- 12301(d), 12301(g), 12302, or 12304 of title 10 or sively by correspondence as provided in sec- ance’’. of being involuntarily ordered to full-time tion 3686 of this title. (2) In section 3531— National Guard duty under section 502(f) of ‘‘(7) Special restorative training as pro- (A) in the heading, by striking ‘‘allow- title 32; and vided in section 3542 of this title. ance’’; ‘‘(B) failed to receive credit or training ‘‘(c) If a program of education is pursued (B) in subsection (a), by striking ‘‘an edu- time toward completion of the individual’s by an eligible person at an institution lo- cational assistance allowance’’ and inserting approved educational, professional, or voca- cated in the Republic of the Philippines, any ‘‘educational assistance’’; and tional objective as a result of having to dis- educational assistance for such person under (C) in subsection (b), by striking ‘‘allow- continue, as described in subparagraph (A), this chapter shall be paid at the rate of $0.50 ance’’. the course pursuit.’’. for each dollar. (3) In section 3537(a), by striking ‘‘addi- (2) CONFORMING AMENDMENTS.—Such title ‘‘(d)(1) Subject to paragraph (2), the tional’’. 38 is further amended as follows: amount of educational assistance payable (e) CLERICAL AMENDMENTS.—The table of (A) In section 3511, by amending the head- under this chapter for a licensing or certifi- sections at the beginning of chapter 35 of ing to read as follows: cation test described in section 3501(a)(5) of such title is amended as follows: this title is the lesser of $2,000 or the fee ‘‘§ 3511. Treatment of certain interruptions in (1) By striking the item relating to section charged for the test. 3511 and inserting the following new item: pursuit of programs of education’’. ‘‘(2) In no event shall payment of edu- ‘‘3511. Treatment of certain interruptions in (B) In section 3532(g)— cational assistance under this subsection for pursuit of programs of edu- (i) in paragraph (1), by striking ‘‘paragraph such a test exceed the amount of the avail- cation.’’. (3)’’ and inserting ‘‘paragraph (2)’’; able entitlement for the individual under (2) By striking the items relating to sec- (ii) by striking paragraph (2); and this chapter.’’. tion 3531, 3532, and 3533 and inserting the fol- (iii) by redesignating paragraph (3) as para- (2) CONFORMING AMENDMENTS.—Title 38, lowing new items: graph (2). United States Code, is amended as follows: (C) By striking section 3541 and inserting (A) By striking section 3533 and inserting ‘‘3531. Educational assistance. the following new section: the following new section: ‘‘3532. Amount of educational assistance. ‘‘3533. Tutorial assistance.’’. ‘‘§ 3541. Special restorative training ‘‘§ 3533. Tutorial assistance (3) By striking the item relating to section ‘‘(a) The Secretary may, at the request of ‘‘An eligible person shall, without any 3534. an eligible person— charge to any entitlement of such person to (4) By striking the item relating to section ‘‘(1) determine whether such person is in educational assistance under section 3532(a) 3541 and inserting the following new item: need of special restorative training; and of this title, be entitled to the benefits pro- ‘‘3541. Special restorative training.’’. ‘‘(2) if such need is found to exist, prescribe vided an eligible veteran under section 3492 (f) EFFECTIVE DATE.— a course that is suitable to accomplish the of this title.’’. (1) IN GENERAL.—The amendments made by purposes of this chapter. (B) Section 3534 is repealed. this section shall take effect on the date of ‘‘(b) A course of special restorative train- (C) In section 3542— the enactment of this Act. ing under subsection (a) may, at the discre- (i) in subsection (a), by striking ‘‘computed (2) ANNUAL ADJUSTMENTS FOR FISCAL YEAR tion of the Secretary, contain elements that at the basic rate’’ and all that follows 2008.—Notwithstanding the effective date would contribute toward an ultimate objec- through the end of the subsection and insert- under paragraph (1) of the amendment to tive of a program of education.’’. ing a period; and section 3564 of title 38, United States Code, (D) In section 3695(a)(4), by striking ‘‘35,’’. (ii) in subsection (b), by striking ‘‘an edu- made by subsection (c)(2)(E), the Secretary (b) EXTENSION OF DELIMITING AGE OF ELIGI- cational assistance allowance’’ and inserting of Veterans Affairs shall make the first in- BILITY FOR DEPENDENTS.—Section 3512(a) of ‘‘educational assistance’’. crease in the aggregate amount of edu- such title, is amended by striking ‘‘twenty- (D) In section 3543(c)— cational assistance under section 3532 of such sixth birthday’’ each place it appears and in- (i) in paragraph (1), by adding ‘‘and’’ at the title as required by such section 3564 (as so serting ‘‘thirtieth birthday’’. end; amended) for fiscal year 2008. (c) AMOUNT OF EDUCATIONAL ASSISTANCE.— (ii) by striking paragraph (2); and (1) IN GENERAL.—Section 3532 of such title (iii) by redesignating paragraph (3) as para- f is amended to read as follows: graph (2). (E) In section 3564, by striking ‘‘rates pay- SUMITTED RESOLUTIONS ‘‘§ 3532. Amount of educational assistance able under sections 3532, 3534(b), and 3542(a)’’ ‘‘(a) The aggregate amount of educational and inserting ‘‘aggregate amount of edu- assistance to which an eligible person is en- cational assistance payable under section SENATE RESOLUTION 86—DESIG- titled under this chapter is $80,000, as in- 3532’’. NATING MARCH 1, 2007, AS ‘‘SIB- creased from time to time under section 3564 (F) In section 3565(b), by striking para- LINGS CONNECTION DAY’’ of this title. graph (1) and inserting the following new ‘‘(b) Within the aggregate amount provided paragraph (1): Mr. SALAZAR (for himself, Mr. EN- for in subsection (a), educational assistance ‘‘(1) educational assistance payable under SIGN, Mr. BROWN, Mr. KERRY, and Mr. under this chapter may be paid for any pur- section 3532 of this title, including the spe- AKAKA) submitted the following resolu- pose, and in any amount, as follows: cial training allowance referred to in sub- tion; which was referred to the Com- ‘‘(1) A program of education consisting of section (b)(7) of such section, shall be paid at mittee on the Judiciary: institutional courses. the rate of $0.50 for each dollar; and’’. ‘‘(2) A full-time program of education that (G) In section 3687— S. RES. 86 consists of institutional courses and alter- (i) in subsection (a)— Whereas sibling relationships are among nate phases of training in a business or in- (I) in the matter preceding paragraph (1), the longest-lasting and most significant re- dustrial establishment with the training in by striking ‘‘or an eligible person (as defined lationships in life; the business or industrial establishment in section 3501(a) of this title)’’; and Whereas brothers and sisters share history, being strictly supplemental to the institu- (II) in the flush matter following para- memories, and traditions that bind them to- tional portion. graph (2), by striking ‘‘chapters 34 and 35’’ gether as family; ‘‘(3) A farm cooperative program consisting and inserting ‘‘chapter 34’’; Whereas it is estimated that over 65 per- of institutional agricultural courses (ii) in subsection (c), by striking ‘‘chapters cent of children in foster care have siblings, prescheduled to fall within 44 weeks of any 34 and 35’’ and inserting ‘‘chapter 34’’; and many of whom are separated when placed in period of 12 consecutive months that is pur- (iii) in subsection (e), by striking para- the foster care system, adopted, or con- sued by an eligible person who is concur- graph (3) and inserting the following new fronted with different kinship placements; rently engaged in agricultural employment paragraph (3): Whereas children in foster care are at that is relevant to such institutional agri- ‘‘(3) In this subsection, the term ‘indi- greater risk than their peers of having emo- cultural courses as determined under stand- vidual’ means an eligible veteran who is en- tional disturbances, problems in school, and ards prescribed by the Secretary. titled to monthly educational assistance al- difficulties with relationships later in life;

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4691 Whereas the separation of siblings while National Cancer Institute stated that fund- AMENDMENTS SUBMITTED AND children causes additional grief and loss; ing for lung cancer research was ‘‘far below PROPOSED Whereas organizations and private volun- the levels characterized for other common teer efforts exist that advocate for pre- malignancies and far out of proportion to its SA 268. Mr. SALAZAR (for himself, Mr. serving sibling relationships in foster care massive health impact’’; CHAMBLISS, Mr. ISAKSON, and Mr. PRYOR) settings and that give siblings in foster care Whereas the Report of the Lung Cancer submitted an amendment intended to be pro- the opportunity to reunite; Progress Review Group identified as its posed by him to the bill S. 4, to make the Whereas Camp to Belong, a nonprofit orga- ‘‘highest priority’’ the creation of inte- United States more secure by implementing nization founded in 1995 by Lynn Price, grated, multidisciplinary, multi-institu- unfinished recommendations of the 9/11 Com- heightens public awareness of the need to tional research consortia organized around mission to fight the war on terror more ef- preserve sibling relationships in foster care the problem of lung cancer rather than fectively, to improve homeland security, and settings and gives siblings in foster care the around specific research disciplines; and for other purposes; which was ordered to lie opportunity to be reunited; and Whereas the United States must enhance on the table. Whereas Camp to Belong has reunited over its response to the issues raised in the Re- SA 269. Mrs. FEINSTEIN submitted an 2,000 separated siblings across the United port of the Lung Cancer Progress Review amendment intended to be proposed by her States, the United States Virgin Islands, and Group: Now, therefore, be it to the bill S. 4, supra; which was ordered to Canada: Now, therefore, be it lie on the table. Resolved, That the Senate— Resolved, That it is the sense of the Senate SA 270. Mrs. FEINSTEIN submitted an (1) designates March 1, 2007, as ‘‘Siblings that the President should— amendment intended to be proposed by her Connection Day’’; (1) declare lung cancer a public health pri- to the bill S. 184, to provide improved rail (2) encourages the people of the United ority and immediately lead a coordinated ef- and surface transportation security; which States to celebrate sibling relationships on fort to reduce the lung cancer mortality rate was ordered to lie on the table. Siblings Connection Day; and by 50 percent by 2015; f (3) supports efforts to respect and preserve (2) direct the Secretary of Health and sibling relationships that are at risk of being Human Services to increase funding for lung TEXT OF AMENDMENTS disrupted by the placement of children in the cancer research and other lung cancer-re- SA 268. Mr. SALAZAR (for himself, lated programs as part of a coordinated foster care system. Mr. CHAMBLISS, Mr. ISAKSON, and Mr. f strategy with defined goals, including— (A) translational research and specialized PRYOR) submitted an amendment in- SENATE RESOLUTION 87—EX- lung cancer research centers; tended to be proposed by him to the PRESSING THE SENSE OF THE (B) expansion of existing multi-institu- bill S. 4, to make the United States SENATE THAT THE PRESIDENT tional, population-based screening programs more secure by implementing unfin- SHOULD IMPLEMENT A COM- incorporating state-of-the-art image proc- ished recommendations of the 9/11 PREHENSIVE INTERAGENCY PRO- essing, centralized review, clinical manage- Commission to fight the war on terror GRAM TO REDUCE THE LUNG ment, and tobacco cessation protocols; more effectively, to improve homeland (C) research on disparities in lung cancer CANCER MORTALITY RATE BY security, and for other purposes; which incidence and mortality rates; was ordered to lie on the table; as fol- AT LEAST 50 PERCENT BY 2015 (D) graduate medical education programs lows: Mr. HAGEL (for himself, Mrs. CLIN- in thoracic medicine and cardiothoracic sur- TON, Mr. BROWNBACK, and Mrs. FEIN- gery; At the appropriate place, insert the fol- lowing: STEIN) submitted the following resolu- (E) new programs within the Food and tion; which was referred to the Com- Drug Administration to expedite the devel- SEC. ll. RURAL POLICING INSTITUTE. mittee on Health, Education, Labor, opment of chemoprevention and targeted (a) IN GENERAL.—There is established a therapies for lung cancer; Rural Policing Institute, which shall be ad- and Pensions: (F) annual reviews by the Agency for ministered by the Office of State and Local S. RES. 87 Healthcare Research and Quality of lung Training of the Federal Law Enforcement Whereas lung cancer is the leading cause of cancer screening and treatment protocols; Training Center (based in Glynco, Georgia), cancer death for both men and women, ac- (G) the appointment of a lung cancer direc- to— counting for 28 percent of all cancer deaths; tor within the Centers for Disease Control (1) evaluate the needs of law enforcement Whereas lung cancer kills more people an- and Prevention with authority to improve agencies of units of local government and nually than breast cancer, prostate cancer, lung cancer surveillance and screening pro- tribal governments located in rural areas; colon cancer, liver cancer, melanoma, and grams; and (2) develop expert training programs de- kidney cancer combined; (H) lung cancer screening demonstration signed to address the needs of rural law en- Whereas, since the National Cancer Act of programs under the direction of the Centers forcement agencies regarding combating 1971 (Public Law 92–218; 85 Stat. 778), coordi- for Medicare and Medicaid Services; methamphetamine addiction and distribu- nated and comprehensive research has raised (3) direct the Secretary of Defense, in con- tion, domestic violence, law enforcement re- the 5-year survival rates for breast cancer to junction with the Secretary of Veterans Af- sponse related to school shootings, and other 88 percent, for prostate cancer to 99 percent, fairs, to develop a broad-based lung cancer topics identified in the evaluation conducted and for colon cancer to 64 percent; screening and disease management program under paragraph (1); Whereas the 5-year survival rate for lung among members of the Armed Forces and (3) provide the training programs described cancer is still only 15 percent and a similar veterans, and to develop technologically ad- in paragraph (2) to law enforcement agencies coordinated and comprehensive research ef- vanced diagnostic programs for the early de- of units of local government and tribal gov- fort is required to achieve increases in lung tection of lung cancer; ernments located in rural areas; and cancer survivability rates; (4) appoint a Lung Cancer Scientific and (4) conduct outreach efforts to ensure that Whereas 60 percent of lung cancer cases are Medical Advisory Committee, comprised of training programs under the Rural Policing now diagnosed in nonsmokers or former medical, scientific, pharmaceutical, and pa- Institute reach law enforcement officers of smokers; tient advocacy representatives, to— units of local government and tribal govern- Whereas 2⁄3 of nonsmokers diagnosed with (A) work with the National Lung Cancer ments located in rural areas. lung cancer are women; Public Health Policy Board described in (b) CURRICULA.—The training at the Rural Whereas certain minority populations, paragraph (5); and Policing Institute established under sub- such as Black males, have disproportionately (B) report to the President and Congress on section (a) shall be configured in a manner so high rates of lung cancer incidence and mor- the progress toward and the obstacles to as to not duplicate or displace any law en- tality, notwithstanding their lower smoking achieving the goal described in paragraph (1) forcement program of the Federal Law En- rate; of reducing the lung cancer mortality rate forcement Training Center in existence on Whereas members of the baby boomer gen- by 50 percent by 2015; and the date of enactment of this Act. eration are entering their sixties, the most (5) convene a National Lung Cancer Public (c) DEFINITION.—In this section, the term common age at which people develop cancer; Health Policy Board, comprised of multi- ‘‘rural’’ means area that is not located in a Whereas tobacco addiction and exposure to agency and multidepartment representatives metropolitan statistical area, as defined by other lung cancer carcinogens such as Agent and at least 3 members of the Lung Cancer the Office of Management and Budget. Orange and other herbicides and battlefield Scientific and Medical Advisory Committee, (d) AUTHORIZATION OF APPROPRIATIONS.— emissions are serious problems among mili- to oversee and coordinate all efforts to ac- There are authorized to be appropriated to tary personnel and war veterans; complish the goal described in paragraph (1) carry out this section (including for con- Whereas the August 2001 Report of the of reducing the lung cancer mortality rate tracts, staff, and equipment)— Lung Cancer Progress Review Group of the by 50 percent by 2015. (1) $10,000,000 for fiscal year 2008; and

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4692 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 27, 2007 (2) $5,000,000 for each of fiscal years 2009 (b) APPLICABILITY.— AUTHORITY FOR COMMITTEES TO through 2013. (1) IN GENERAL.—The amendments made by MEET this section shall take effect on the date of SA 269. Mrs. FEINSTEIN submitted enactment of this Act. COMMITTEE ON ARMED SERVICES an amendment intended to be proposed (2) APPLICATION.— Mr. BINGAMAN. Mr. President, I ask by her to the bill S. 4, to make the (A) IN GENERAL.—Any person serving as a unanimous consent that the Com- United States more secure by imple- United States attorney on the day before the mittee on Armed Services be author- menting unfinished recommendations date of enactment of this Act who was ap- ized to meet during the session of the of the 9/11 Commission to fight the war pointed under section 546 of title 28, United Senate on Tuesday, February 27, at 9:30 on terror more effectively, to improve States Code, may serve until the earlier of— a.m., in open and closed sessions to re- (i) the qualification of a United States at- homeland security, and for other pur- ceive testimony on current and future torney for such district appointed by the worldwide threats to the national secu- poses; which was ordered to lie on the President under section 541 of that title; or table; as follows: (ii) 120 days after the date of enactment of rity of the United States. At the appropriate place, insert the fol- this Act. The PRESIDING OFFICER. Without lowing: (B) EXPIRED APPOINTMENTS.—If an appoint- objection, it is so ordered. SEC. lll. VACANCIES. ment expires under subparagraph (A), the COMMITTEE ON COMMERCE, SCIENCE, AND (a) IN GENERAL.—Section 546 of title 28, district court for that district may appoint a TRANSPORTATION United States Code, is amended by striking United States attorney for that district Mr. BINGAMAN. Mr. President, I ask subsection (c) and inserting the following: under section 546(d) of title 28, United States unanimous consent that the Com- ‘‘(c) A person appointed as United States Code, as added by this section. mittee on Commerce, Science, and attorney under this section may serve until Transportation be authorized to hold a the earlier of— f hearing during the sessions of the Sen- ‘‘(1) the qualification of a United States at- torney for such district appointed by the ate on Tuesday, February 27, 2007, at 10 President under section 541 of this title; or NOTICES OF HEARlNGS/MEETINGS a.m., in room 253 of the Russell Senate ‘‘(2) the expiration of 120 days after ap- Office Building. The purpose of the pointment by the Attorney General under PERMANENT SUBCOMMITTEE ON INVESTIGATIONS hearing is to evaluate the Passenger this section. Mr. LEVIN. Mr. President, I would Rail Investment and Improvement Act ‘‘(d) If an appointment expires under sub- of 2007. like to announce for the information of section (c)(2), the district court for such dis- The PRESIDING OFFICER. Without trict may appoint a United States attorney the Senate and the public that the Per- objection, it is so ordered. to serve until the vacancy is filled. The order manent Subcommittee on Investiga- COMMITTEE ON FINANCE of appointment by the court shall be filed tions of the Committee on Homeland Mr. BINGAMAN. Mr. President, I ask with the clerk of the court.’’. Security and Governmental Affairs will (b) APPLICABILITY.— unanimous consent that the Com- hold a hearing entitled ‘‘Credit Card (1) IN GENERAL.—The amendments made by mittee on Finance be authorized to this section shall take effect on the date of Practices: Fees, Interest Rates, and meet during the session on Tuesday, enactment of this Act. Grace Periods.’’ It is the first of several February 27, 2007, at 10 a.m., in 215 (2) APPLICATION.— subcommittee hearings that will exam- Dirksen Senate Office Building, to hear (A) IN GENERAL.—Any person serving as a ine a variety of credit card practices testimony on ‘‘America’s Energy Fu- United States attorney on the day before the that raise concerns. This hearing will ture: Bold Ideas, Practical Solutions’’. date of enactment of this Act who was ap- focus on how credit card issuers apply pointed under section 546 of title 28, United The PRESIDING OFFICER. Without States Code, may serve until the earlier of— interest rates and fees to consumer ac- objection, it is so ordered. (i) the qualification of a United States at- counts. It will examine, for example, COMMITTEE ON FOREIGN RELATIONS torney for such district appointed by the how credit card issuers select and Mr. DURBIN. Mr. President, I ask President under section 541 of that title; or apply interest rates and, for consumers unanimous consent that the Com- (ii) 120 days after the date of enactment of carrying a balance forward, eliminate mittee on Foreign Relations be author- this Act. grace periods for repaid debts. It will ized to meet during the session of the (B) EXPIRED APPOINTMENTS.—If an appoint- also analyze high fees charged for late Senate on Tuesday, February 27, 2007, ment expires under subparagraph (A), the payments, over-the-limit charges, and at 2:30 p.m. to hold a nomination hear- district court for that district may appoint a United States attorney for that district other matters, including how those fees ing. under section 546(d) of title 28, United States are assessed, how they add to increase The PRESIDING OFFICER. Without Code, as added by this section. interest costs, and how they contribute objection, it is so ordered. to consumer debt. In addition, the COMMITTEE ON HEALTH, EDUCATION, LABOR, SA 270. Mrs. FEINSTEIN submitted hearing will examine an industry prac- AND PENSIONS an amendment intended to be proposed tice requiring consumer payments to Mr. BINGAMAN. Mr. President, I ask by her to the bill S. 184, to provide im- be applied first to balances with the unanimous consent that the Com- proved rail and surface transportation lowest interest rates instead of to bal- mittee on Health, Education, Labor, security; which was ordered to lie on ances with the highest interest rates. and Pensions be authorized to hold a the table; as follows: The hearing will draw, in part, from a hearing during the session of the Sen- At the appropriate place, insert the fol- September 2006 GAO report detailing ate on Tuesday, February 27, 2007 at 10 lowing: the finance charges, fees, and disclo- a.m. in SD–430. SEC. lll. VACANCIES. sure practices associated with 28 pop- The PRESIDING OFFICER. Without (a) IN GENERAL.—Section 546 of title 28, objection, it is so ordered. United States Code, is amended by striking ular credit cards. Witnesses for the up- COMMITTEE ON THE JUDICIARY subsection (c) and inserting the following: coming hearing will include represent- ‘‘(c) A person appointed as United States atives from the three largest credit Mr. BINGAMAN. Mr. President, I ask attorney under this section may serve until card issuers, Bank of America, unanimous consent that the Com- the earlier of— JPMorgan Chase, and Citigroup, as mittee on the Judiciary be authorized ‘‘(1) the qualification of a United States at- well as consumer witnesses. A final to conduct a hearing on ‘‘Strength- torney for such district appointed by the witness list will be available on Mon- ening Our Criminal Justice System: President under section 541 of this title; or day, March 5, 2007. The John R. Justice Prosecutors and ‘‘(2) the expiration of 120 days after ap- Defenders Incentive Act of 2007’’ on pointment by the Attorney General under The subcommittee hearing is sched- Tuesday, February 27, 2007 at 2 p.m. in this section. uled for Wednesday, March 7, 2007, at 10 Dirksen Senate Office Building Room ‘‘(d) If an appointment expires under sub- a.m. in room 342 of the Dirksen Senate section (c)(2), the district court for such dis- 226. Office Building. For further informa- trict may appoint a United States attorney Witness List: to serve until the vacancy is filled. The order tion, please contact Elise J. Bean, of of appointment by the court shall be filed the Permanent Subcommittee on In- Paul A. Logli, Winnebago County with the clerk of the court.’’. vestigations at 224–3721. State’s Attorney, Chairman of the

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4693 Board, National District Attorneys As- ORDERS FOR WEDNESDAY, To be rear admiral (lower half) sociation, Rockford, Illinois; Michael FEBRUARY 28, 2007 CAPT. MICHAEL J. BROWNE, 0000 P. Judge, Chief Public Defender, Los Mr. DURBIN. Mr. President, I ask THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Angeles County, Founding Member, IN THE UNITED STATES NAVY RESERVE TO THE GRADE unanimous consent that when the Sen- INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: American Council of Chief Defenders, ate completes its business today, it Los Angeles, California; Jessica A. stand adjourned until 9:30 a.m., To be rear admiral (lower half) Bergeman, Assistant State’s Attorney, Wednesday, February 28; that on CAPT. THOMAS F. KENDZIORSKI, 0000 Cook County State’s Attorneys Office, Wednesday, following the prayer and THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Chicago, Illinois; George B. Shepherd, the Pledge of Allegiance, the Journal IN THE UNITED STATES NAVY RESERVE TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: Associate Professor of Law, Emory of proceedings be approved to date, the University School of Law, Atlanta, morning hour be deemed expired, and To be rear admiral (lower half) Georgia. the time for the two leaders be re- CAPT. LOTHROP S. LITTLE, 0000 The PRESIDING OFFICER. Without served for their use later in the day; THE FOLLOWING NAMED OFFICER FOR APPOINTMENT objection, it is so ordered. that there then be a period of morning IN THE UNITED STATES NAVY RESERVE TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: COMMITTEE ON VETERANS’ AFFAIRS business for 60 minutes, with Senators Mr. BINGAMAN. Mr. President, I ask permitted to speak therein for up to 10 To be rear admiral (lower half) unanimous consent that the Com- minutes each, with the first 30 minutes CAPT. KENNETH J. BRAITHWAITE, 0000 mittee on Veterans’ Affairs be author- under the control of the majority and THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ized to meet during the session of the the second 30 minutes under the con- IN THE UNITED STATES NAVY RESERVE TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: Senate on Tuesday, February 27, 2007 at trol of the Republicans; that following 2 p.m. in the Canon Caucus Room, to morning business, the Senate then To be rear admiral (lower half) hear the legislative presentation of the begin consideration of S. 4, as pre- CAPT. STEPHEN P. CLARKE, 0000 Disabled American Veterans. viously ordered. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. Without IN THE UNITED STATES NAVY RESERVE TO THE GRADE The PRESIDING OFFICER. Without INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: objection, it is so ordered. objection, it is so ordered. To be rear admiral (lower half) f f ADJOURNMENT UNTIL 9:30 A.M. CAPT. JOSEPH D. STINSON, 0000 PRIVILEGES OF THE FLOOR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TOMORROW IN THE UNITED STATES NAVY RESERVE TO THE GRADE Mr. LIEBERMAN. Mr. President, I INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: ask unanimous consent that Aaron Mr. DURBIN. Mr. President, if there Firoved and Nathan Lesser, both fel- is no further business to come before To be rear admiral (lower half) lows on detail to my Homeland Secu- the Senate today, I now ask unanimous CAPT. JERRY R. KELLEY, 0000 rity and Governmental Affairs staff, consent that the Senate stand ad- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT journed under the previous order. IN THE UNITED STATES NAVY RESERVE TO THE GRADE and Cherrie Daniels, a fellow on detail INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: from my personal office, have leave to There being no objection, the Senate, To be rear admiral (lower half) the floor for the duration of the debate at 5:23 p.m., adjourned until Wednes- on the bill, S. 4. day, February 28, 2007, at 9:30 a.m. CAPT. CYNTHIA A. DULLEA, 0000 f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. Without IN THE UNITED STATES NAVY RESERVE TO THE GRADE objection, it is so ordered. NOMINATIONS INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: f Executive nominations received by To be rear admiral (lower half) ORDER FOR STAR PRINT—S. 562 the Senate February 27, 2007: CAPT. PATRICIA E. WOLFE, 0000 AND S. 609 DEPARTMENT OF JUSTICE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES NAVY RESERVE TO THE GRADE JEFFREY A. TAYLOR, OF THE DISTRICT OF COLUMBIA, INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: Mr. DURBIN. Mr. President, I ask TO BE UNITED STATES ATTORNEY FOR THE DISTRICT OF unanimous consent that S. 562 and S. COLUMBIA FOR THE TERM OF FOUR YEARS, VICE KEN- To be rear admiral (lower half) 609 each be star printed with the NETH L. WAINSTEIN, RESIGNED. IN THE NAVY CAPT. GARRY J. BONELLI, 0000 changes at the desk. CAPT. ROBIN R. BRAUN, 0000 The PRESIDING OFFICER. Without THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. SANDY L. DANIELS, 0000 IN THE UNITED STATES NAVY RESERVE TO THE GRADE CAPT. SCOTT E. SANDERS, 0000 objection, it is so ordered. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: CAPT. ROBERT O. WRAY, JR., 0000

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00051 Fmt 0686 Sfmt 9801 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4694 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 HOUSE OF REPRESENTATIVES—Tuesday, February 27, 2007

The House met at 2 p.m. and was COMMUNICATION FROM THE safety, and there is no telling what called to order by the Speaker pro tem- CLERK OF THE HOUSE could be in them, whether it is legiti- pore (Mr. SALAZAR). The SPEAKER pro tempore laid be- mate cargo, narcotics or contaminated food. Not to mention, Mexican trucks f fore the House the following commu- nication from the Clerk of the House of are not up to the standards of the U.S. DESIGNATION OF THE SPEAKER Representatives: trucking industry. Overweight, pol- PRO TEMPORE WASHINGTON, DC, luting Mexican trucks driven by low February 20, 2007. paid, unqualified drivers that may not The SPEAKER pro tempore laid be- Hon. NANCY PELOSI, even be able to read highway signs, is fore the House the following commu- The Speaker, U.S. House of Representatives, a dangerous policy for the citizens of nication from the Speaker: Washington, DC. this country. DEAR MADAM SPEAKER: Pursuant to the WASHINGTON, DC, Once again, our government seems to February 27, 2007. permission granted in Clause 2(h) of Rule II I hereby appoint the Honorable JOHN T. of the Rules of the U.S. House of Representa- be more concerned about Mexico than SALAZAR to act as Speaker pro tempore on tives, the Clerk received the following mes- it is about our Nation, our highways or this day. sage from the Secretary of the Senate on our people. February 20, 2007, at 12:00 p.m.: NANCY PELOSI, And that’s just the way it is. Speaker of the House of Representatives. That the Senate passed S. 171. That the Senate agreed to without amend- f ment H. Con. Res. 67. f That the Senate passed without amend- PRAYER ment H.R. 577. That the Senate passed without amend- OUR COUNTRY MUST APOLOGIZE The Chaplain, the Reverend Daniel P. ment H.R. 514. FOR SLAVERY Coughlin, offered the following prayer: That the Senate passed without amend- O Creator of the heavens and Earth, ment H.R. 433 (Mr. COHEN asked and was given per- You have endowed this planet, the That the Senate passed without amend- mission to address the House for 1 ground for all our living, with innu- ment H.R. 521. minute.) That the Senate passed without amend- merable gifts of nature held in delicate ment H.R. 335. Mr. COHEN. Mr. Speaker, ladies and balance. That the Senate passed without amend- gentlemen of the House, today I am So many resources have been given ment H.R. 49. going to introduce a bill to call on the by You to Mother Earth so that life for Appointments: United States Government to apologize Your people all over the globe may be United States-China Economic Security for the history in this country of hav- sustained and developed. Review Commission. ing a slave system and for Jim Crow May this great Nation, led by grati- United States Commission on Civil Rights. laws that went on for a hundred addi- Japan-United States Friendship Commis- tude and imagination in government, sion. tional years. study with sincerity the laws of nature Commission on Security and Cooperation The State of Virginia is to be com- and share with others its discoveries so in Europe (Helsinki). mended for its action this past week in that a just distribution of all Earth’s National Council on the Arts. making, in essence, an apology saying resources may be assured according to With best wishes, I am, Sincerely, they regretted a system of slavery in principles of justice and solidarity. this country. Then will the poor and the hungry over LORRAINE C. MILLER, Clerk of the House. all the Earth be given voice and sing For 246 years, our Constitution and praise and thanksgiving to You both f our laws allowed a system that made now and forever. Amen. THE TRUCKS ARE COMING, THE people slaves, that divided people from TRUCKS ARE COMING their families and treated them as f property. And for 100 years thereafter, (Mr. POE asked and was given per- a system of laws in many States THE JOURNAL mission to address the House for 1 throughout the country had Jim Crow minute.) The SPEAKER pro tempore. The laws that deprived people of the oppor- Mr. POE. Mr. Speaker, the next Chair has examined the Journal of the tunity for equal access to education, sound you hear will be the rumble of last day’s proceedings and announces health care, public facilities, and other thousands of Mexican trucks streaming to the House his approval thereof. types of programs. These ended by law across our southern border. The U.S. Pursuant to clause 1, rule I, the Jour- in the sixties somewhat through the ef- Government has agreed to allow 100 nal stands approved. forts of Thurgood Marshall and other Mexican trucking companies to send attorneys in Brown v. Board of Edu- f trucks on the highways and byways of cation, but the effects are lingering. America. Presently, Mexican trucks PLEDGE OF ALLEGIANCE may only go 20 miles inside the U.S. This country needs to apologize for a brutal, inhumane system of slavery The SPEAKER pro tempore. Will the border. The U.S. Government says they and Jim Crow laws. President Bush has gentleman from Georgia (Mr. SCOTT) will inspect the trucks for safety and made remarks similar to this in Sen- come forward and lead the House in the inspect the drivers as well—Yeah, egal; President Clinton also in the Pledge of Allegiance. right. There are already 6,000 trucks a State of Virginia most recently. Mr. SCOTT of Georgia led the Pledge day crossing in each direction just be- of Allegiance as follows: tween Laredo, Texas, and Nuevo La- I hope we will have all our colleagues I pledge allegiance to the Flag of the redo, Mexico; and only a fraction of sign on and pass this unanimously, as United States of America, and to the Repub- these are inspected. the State of Virginia did, and make a lic for which it stands, one nation under God, This country has no way of inspect- proper apology for a harmful and un- indivisible, with liberty and justice for all. ing each and every Mexican truck for fortunate part of our history.

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

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4695 DIANE E. SUMPTER RECOGNIZED lows anyone, illegal or not, to open ac- Whereas March 25 would be an appropriate FOR SUCCESS counts at participating banks. This is a date to observe National Medal of Honor big business. We have learned it is Day: Now, therefore, be it (Mr. WILSON of South Carolina Resolved by the House of Representatives (the asked and was given permission to ad- 27,000 transfers from illegal immigrants Senate concurring), That Congress— dress the House for 1 minute and to re- every month, totaling $23 billion a (1) recognizes the heroism and sacrifice of vise and extend his remarks.) year, all with the help of our Federal Medal of Honor recipients for the United Mr. WILSON of South Carolina. Mr. Government. States; Speaker, during Black History Month, We are sending mixed messages, Mr. (2) recognizes the educational opportunity Diane Sumpter has earned front-page Speaker. We say we want to stem the that a National Medal of Honor Day would present to the American public; and cover status in the Greater Columbia tide of illegal immigration, but once again, here we go. We will not only (3) supports the goals and ideals of a Na- Business Monthly of South Carolina for tional Medal of Honor Day to celebrate and developing one of the most prestigious turn a blind eye; we will make it easy honor the contributions of Medal of Honor minority business firms. DESA, Inc., for illegal immigrants to send money recipients. has grown to be a nationally recog- back to Mexico. The SPEAKER pro tempore. Pursu- nized management consultant firm. f ant to the rule, the gentleman from Ms. Sumpter is a native of Jackson- Missouri (Mr. SKELTON) and the gen- ANNOUNCEMENT BY THE SPEAKER ville, Florida. She later moved to Co- tleman from North Carolina (Mr. PRO TEMPORE lumbia, where she graduated from JONES) each will control 20 minutes. Booker T. Washington High School and The SPEAKER pro tempore. Pursu- The Chair recognizes the gentleman then attended the University of South ant to clause 8 of rule XX, the Chair from Missouri. Carolina, where she obtained both a will postpone further proceedings GENERAL LEAVE B.A. in English and a master’s degree today on motions to suspend the rules Mr. SKELTON. Mr. Speaker, I ask in social work. on which a recorded vote or the yeas unanimous consent that all Members Ms. Sumpter’s dedication to the and nays are ordered, or on which the may have 5 legislative days to revise growth and success of minority- and vote is objected to under clause 6 of and extend their remarks and include women-owned businesses is evidenced rule XX. extraneous material on the resolution in her efforts with the South Carolina Record votes on postponed questions now under consideration. Minority Business Development Cen- will be taken after 6:30 p.m. today. The SPEAKER pro tempore. Is there ter, which is operated by her company. f objection to the request of the gen- The center has assisted businesses by tleman from Missouri? acting as a liaison to facilitate busi- SUPPORTING THE GOALS AND There was no objection. ness growth for over 10 years. IDEALS OF A NATIONAL MEDAL Mr. SKELTON. Mr. Speaker, I yield Since DESA was started in 1986, it OF HONOR DAY myself as much time as I may con- has been awarded service contracts Mr. SKELTON. Mr. Speaker, I move sume. from HHS, the Department of Com- to suspend the rules and agree to the Today I rise in support of House Con- merce, the Minority Business Develop- concurrent resolution (H. Con. Res. 47) current Resolution 47, which I intro- ment Agency, the Army, the Air Force, supporting the goals and ideals of a Na- duced to recognize the extraordinary the Small Business Administration, as tional Medal of Honor Day to celebrate heroism and sacrifice of the Nation’s well as various contracts from the pri- and honor the recipients of the Medal Medal of Honor recipients and to in- vate sector. DESA works with compa- of Honor. crease America’s awareness of the sig- nies from the very beginning of The Clerk read as follows: nificance and meaning of the Medal of projects until their completion. Honor among our American citizens. H. CON. RES. 47 In conclusion, God bless our troops, I want to thank my colleague on the and we will never forget September 11 Whereas the Medal of Honor is the highest House Armed Services Committee, the award that can be bestowed to a member of and the courageous service of Army the Armed Forces for valor in action against gentleman from North Carolina (Mr. Chief Warrant Officer II, Jason De an enemy force; JONES) for being here in support of this Frenn of Barnwell, South Carolina. Whereas the Medal of Honor is awarded by issue this afternoon. f the President, in the name of the Congress, The Congressional Medal of Honor is to members of the Armed Forces who have our Nation’s highest military award for ILLEGALS USING FED TO WIRE distinguished themselves conspicuously by valor in action against an enemy that MONEY gallantry and intrepidity at the risk of their can be bestowed on any member of the (Mrs. BLACKBURN asked and was lives above and beyond the call of duty; Armed Forces. given permission to address the House Whereas the United States will forever be Since the medal was created in 1861, for 1 minute and to revise and extend in debt to the recipients of the Medal of Honor for their bravery and sacrifice in more than 3,400 individuals who have her remarks.) times of war or other armed conflict; served our Nation in uniform have been Mrs. BLACKBURN. You know, the Whereas the Medal of Honor was first awarded the Medal of Honor. United States is a Nation founded on awarded on March 25, 1863, during the Civil The first medal was established by the rule of law. Those who do not fol- War; the United States Navy to recognize low the law are held accountable, ex- Whereas, of the millions of men and women sailors and marines who distinguish cept when you are an illegal immi- who have served in the Armed Forces in war, themselves in war. President Abraham grant. military operations, or other armed con- Lincoln signed Public Resolution 82 We have already learned that a few of flicts, only 3,443 members have thus far been into law, and thus the first medal of awarded the Medal of Honor; our major banks are issuing credit Whereas 111 Medal of Honor recipients are valor was created. The Army shortly cards to illegal immigrants, but a re- still living as of January 1, 2007; followed in 1862 by establishing a Medal cent article in the L.A. Times uncov- Whereas it is appropriate to commemorate of Honor to recognize commissioned of- ered a program through our own Fed- and honor the recipients of the Medal of ficers and privates who distinguished eral Reserve Bank that makes it easier Honor and to recognize their bravery and themselves by their gallantry in ac- for illegal entrants to send money back sacrifice for the United States; tion. The Medal of Honor became a per- to Mexico, direct to Mexico. A feder- Whereas the designation of a National manent decoration in 1863. The first ally sponsored program allows illegal Medal of Honor Day would raise the aware- award was given to Army Assistant ness of the American people regarding the immigrants without a Social Security significance and meaning of the Medal of Surgeon Bernard J.D. Irwin for his number to wire money through the Honor and help focus the efforts of national, bravery in rescuing 60 soldiers at Federal system for a fee. State, and local organizations striving to Apache Pass, Arizona, in 1861. What is even more shocking is that foster public appreciation and recognition of It is very interesting, Mr. Speaker, the Fed expanded the program that al- Medal of Honor recipients; and that a Medal of Honor was awarded a

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4696 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 Union soldier years after the 1861 Bat- By tradition, all other soldiers, sail- stipend to cover lodging, food and fuel tle of Lexington, Missouri, my home- ors, marines and airmen, even higher expenses during their visit. town, for his gallantry in helping to re- ranking officers up to the President of The recipients are invited to attend take the Anderson House, which was the United States, initiate the salute schools, clubs and local organizations, the hospital at the time of that battle, of the Medal of Honor and its recipient. thereby imparting their own views of September 18, 19 and 20, 1861. His name Mr. Speaker, I would like to discuss patriotism and duty throughout the was Palmer. briefly the history of the Medal of community. It is truly a remarkable The current conflict in Iraq sadly has Honor. The first award of the Medal of program, and the true beauty of it is posthumously added two heroic and Honor was made March 25 of 1863 to that other cities can establish their courageous individuals to the rolls, Private Jacob Parrott and five others. own Medal of Honor Host City program Sergeant First Class Paul Smith of the Since then, there have been 3,463 Med- to further honor and recognize those United States Army, and Corporal als of Honor awarded for 3,456 separate heroic recipients. Jason Dunham of the United States acts of heroism performed by 3,443 indi- Mr. Speaker, to take a line from the Marines. These two individuals con- viduals, including nine unknowns. Gainesville, Texas mission statement, I tinue to epitomize the recipients of the Today there are 112 living recipients feel that it is Congress’s privilege and Medal of Honor, whose uncommon of the Medal of Honor, out of a popu- Congress’s responsibility to honor the valor and extraordinary bravery are lation of more than 301 million Ameri- Medal of Honor recipients at every op- standard characteristics. cans. Forty-six percent of the living portunity. With this resolution, and b 1415 earned their medals more than 50 years with programs like the Medal of Honor It is interesting to note also, Mr. ago while serving in World War II, 36, Host City Program, we take a step in Speaker, that in the history of the or Korea, 15. There are 61 living who fulfilling that most noble and honor- medal, 19 men received a second award. performed actions in Vietnam. The able of all missions. 14 of them received two separate med- youngest recipient is Gordon R. Rob- Mr. JONES of North Carolina. Mr. als for separate actions, and one was erts, age 56. He was born June 14, 1950. Speaker, I yield myself as much time awarded to a woman. Of the more than He was 19 years old when he earned this as I may consume. 3,400 medals awarded, 266 of those were high honor. Mr. Speaker, since I have been in awarded for action during World War Mr. Speaker, at this time, I would Congress, America has presented this II, and 154 were awarded for action dur- like to yield to Dr. BURGESS, the gen- award on behalf of an extremely grate- ing the Vietnam conflict. Today there tleman from Texas, for 4 minutes. ful Nation a total of 22 times, 13 of are only 111 living recipients of the Mr. BURGESS. Mr. Speaker, I thank which were presented posthumously. Medal of Honor. America is rapidly los- the gentleman for yielding, and I thank Some recent heroes include Tibor ing its greatest and true heroes. the chairman, the gentleman from Mis- ‘‘Ted’’ Rubin for actions in Korea, be- It is also important to note that souri, for bringing this concurrent res- tween 1950 and 1953. He received the when Missouri’s President, Harry Tru- olution to the floor. award on September 23, 2005. man, awarded the Medal of Honor to a This is a resolution that honors the Before that, the medal was awarded soldier at the end of the Second World bravest of the brave, the men and posthumously to the family of SFC War, he said he would rather have this women who have gone above and be- Paul R. Smith on April 4 of 2005. For medal than being president. yond the call of duty, who have risked his actions in Iraq in 2003, bravely The resolution before the House their lives in fighting for our Nation, holding the enemy at bay so that the seeks to recognize the heroism and sac- indeed, fighting for our basic freedom. wounded could be safely carried out. rifice of the Nation’s Medal of Honor Today’s resolution pays homage to Before that, the Medal of Honor was recipients, and to urge the establish- the basic principles of our military, awarded posthumously to Army MSG ment of a National Medal of Honor Day duty, honor, country. The Medal of Gary I. Gordon and SFC Randall D. to ensure that all Americans continue Honor recognizes and is emblematic of Shughart for action in Somalia in 1993. to celebrate and to honor the contribu- great courage, selflessness and sac- Most recently, Cpl Jason Dunham, tions and ideals that the Medal of rifice. U.S. Marine Corps, was posthumously Honor recipients exemplify. It is with great pride that I stand recognized with the Medal of Honor on Mr. Speaker, I urge the support of here on the floor of Congress today, as Thursday, January 11, 2007 for sacri- this resolution. Congress is recognizing these extraor- ficing his life for his fellow Marines. Mr. Speaker, I reserve the balance of dinary members of our Armed Services Corporal Dunham bravely fought hand- my time. by establishing March 25 as the Na- to-hand with the enemy and selflessly Mr. JONES of North Carolina. Mr. tional Medal of Honor Day. This na- hurled himself on a live grenade to pro- Speaker, I yield myself as much time tional day of observance and remem- tect fellow Marines. as I may consume. Mr. Speaker, I want to thank Chair- brance is long overdue, and I urge my Just yesterday, President Bush colleagues to vote in favor of this reso- awarded LTC Bruce P. Crandall the man SKELTON for giving me this great privilege of honoring these fine Ameri- lution, to vote in favor of our Armed Medal of Honor in a White House cere- cans. Forces. mony. It was just this morning when Today we join together in support of While a National Medal of Honor Day several members of the DAV, Disabled H. Con. Res. 47, as the United States is a wonderful way to honor these great American Veterans from my district, House of Representatives, to honor citizens, I would be remiss if I did not stated very simply, after meeting Colo- what is arguably the most select group also mention another great endeavor nel Crandall, and they said this was his of Americans to ever wear the uniform that seeks to honor Medal of Honor re- comment when they said congratula- of this great Nation. cipients. The city of Gainesville, Texas tions; thank you for what you did for The Medal of Honor is this Nation’s established the Medal of Honor Host our Nation. His comment was this, he highest award bestowed on a member City Program in 2001 with this simple just did what his country asked him to of the United States Armed Services mission statement: It shall be the do. He was a volunteer. who distinguishes himself or herself privilege and the responsibility of the Throughout the history, there have conspicuously by gallantry and intre- city of Gainesville, Texas, to welcome been 19 double recipients who have pidity at the risk of his life above and our Nation’s Medal of Honor recipients twice received this high honor. beyond the call of duty while engaged at every available opportunity. The Mr. Speaker, as this resolution so in an action against an enemy of the Local Veterans of Foreign Wars, post clearly states, the designation of a Na- United States. number 1922, along with the commu- tional Medal of Honor Day will raise The Medal of Honor confers special nity volunteers and community mem- the awareness of the American people privileges on its recipients, both by bers, welcome all Medal of Honor re- regarding the significance and the tradition and by law. cipients with open arms and provides a meaning of the Medal of Honor, and

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4697 help focus the effort on our national, Mr. Speaker, I yield back the balance ents of our Nation’s highest military honor. As State and local organizations striving of my time. a Nation, we can never forget the sacrifices to foster public appreciation and rec- Mr. SKELTON. Mr. Speaker, I am these men and women have made to keep ognition of Medal of Honor recipients. pleased that we are able to bring this America free. Mr. Speaker, the Medal of Honor has resolution to the floor. It is highly im- The first Medal of Honor was awarded on touched the lives, directly or indi- portant that we recognize those very March 25, 1864. As we approach this anniver- rectly, of millions of Americans, but special individuals who received the sary, let us reflect on the lives and deeds of there are many more firsts or lone re- Medal of Honor and will bear the rec- those brave soldiers, sailors, airmen and Ma- cipients of this award. For example: ognition throughout their lives, as well rines who have received this honor throughout Douglas Munro was the only Coast as their family receiving recognition our Nation’s history. Guard recipient. He was awarded the should they be awarded posthumously. In 1782, General George Washington start- Medal of Honor for his actions at Point Ms. JACKSON-LEE of Texas. Mr. Speaker, ed the tradition of recognizing the valiant ac- Cruz, Guadalcanal, on September 27 of I rise in support of H. Con. Res. 47, sup- tions of American soldiers by establishing 1942. porting the goals and ideals of a National what became known as the Badge of Military Mary Walker was the only woman Medal of Honor Day to celebrate and honor Merit. Washington presented a heart of purple awarded the Congressional Medal of the recipients of the Medal of Honor. The cloth to three of his soldiers in August of that Honor at Bull Run on July 21 of 1861. Medal of Honor is the highest award that can year, an act that was largely lost in history as Today, Mr. Speaker, there are four be bestowed on a member of the Armed the Revolutionary War came to a close. This Medal of Honor recipients currently Fores for his or her valiant acts of bravery honor was the predecessor to what we now living in the State of North Carolina. while engaged in combat against an enemy of know as the Purple Heart. Throughout its history, there have the United States. Though the Badge of Military Merit faded been 19 Medal of Honor recipients from The Medal of Honor is awarded by the into the past, the idea of awarding a decora- my great state of North Carolina. President, in the name of the Congress, to tion to recognize the gallant efforts of our sol- Before I close, I would like to take members of the Armed Forces who have dis- diers never died. In 1847, not long after the just a couple of minutes, Mr. Speaker. tinguished themselves conspicuously by gal- outbreak of the Mexican-American War, a There are many who have won this lantry and intrepidity and risked their lives ‘‘certificate of merit’’ was established to recog- award, Medal of Honor, who are the he- above and beyond the call of duty. The first nize troops who distinguished themselves in roes of this great Nation. One I would Medal of Honor was awarded on March 25, battle. No medal accompanied the certificate like to bring to mind is a friend of 1863 during our country’s Civil War to PVT and the award was again discontinued at the mine whose name is Walter Joseph Jacob Parrott during the American Civil War end of that conflict. During the Civil War another proposal arose Marm, Jr. for his role in Andrews Raid. He was the first to establish a medal, but the idea was rejected I will not read the entire citation. I of only 3,443 members in war, military oper- by then General-In-Chief of the Army Winifield just want to read part of it before I ations and other armed conflicts of our Armed Scott. The Navy, however, adopted this con- close. Forces who have received this great honor. cept, and in December 1861, President Abra- Joe Marm, First Lieutenant, Army There are 111 Medal of Honor recipients ham Lincoln signed legislation that established Company A, First Battalion, 7th Cav- still living and serving our country in their own a Navy medal for valor. Not to be outdone by alry, 1st Cavalry Division (Airmobile). capacity and I, as well as the entire Nation, their friendly rival, the Army quickly followed Place: Vicinity of la Drang Valley, Re- will forever be indebted to all recipients of this suit with their own resolution to establish a public of Vietnam, 14 November 1965. award for their valor during armed conflict. similar award, signed into law in July 1862. Entered service at Pittsburgh, Penn- It is appropriate and necessary to com- In 1863, Congress established the Medal of sylvania. Born 20 November 1941. memorate and honor the recipients of the Honor as a permanent means to recognize And I want to read just two or three Medal of Honor and to recognize their valiant our Nation’s most gallant warriors. Since then, paragraphs from the citation, Mr. sacrifices for our country. That is why I sup- it has been awarded to almost 3,400 of our Speaker, as he received the Medal of port the designation of a National Medal of Nation’s bravest citizens. Honor. Honor Day which would heighten the under- Today, the number of living Medal of Honor Realizing that his platoon could not standing and appreciation of the American recipients is at its lowest point in history— hold very long, and seeing four enemy people regarding the significance and meaning there remain only 111 as of February 1. This soldiers moving into his position, he of the Medal of Honor. resolution is a lasting tribute to those 111 men moved quickly under heavy fire and an- It is essential that our Nation celebrate and and women, the recipients who are no longer nihilated all four. salute those members of the Armed Forces with us, and to those to come in the future Quickly, disregarding the intense fire who have risked their lives to ensure our safe- who stood up and answered the call to protect directed at him and his platoon, he ty and the safety of our country. Designating and defend this land. charged 30 meters across open ground this day will also help to focus the efforts of Mr. REYES. Mr. Speaker, I rise in support and hurled grenades into the enemy po- national, State, and local organizations striving of H. Con. Res. 47, observing National Medal sition, killing some of the eight insur- to foster public appreciation and recognition of of Honor Day and honoring the sacrifices of gents manning it. Medal of Honor recipients. Medal of Honor recipients and their contribu- Although severely wounded, when his I sincerely appreciate the sacrifices the tions to our Nation. March 25th is an appro- grenades were expended, armed with members of our Armed Forces make each priate day to recognize these individuals, since only a rifle, he continued the momen- and every day on behalf of our country. I sup- the first Medal of Honor was awarded on tum of his assault on the position and port the designation of March 25 as National March 25, 1863. killed the remainder of the enemy. Medal of Honor Day in honor of all those This resolution not only salutes the bravery Lieutenant Marm’s selfless action re- members of the Armed Forces who performed of Medal of Honor recipients, but also gives duced the fire on his platoon, broke the valiant acts of bravery during combat against the American public the opportunity to learn enemy assault, and rallied his unit to an enemy of the United States. about the history of this prestigious military continue toward the accomplishments Mr. BUYER. Mr. Speaker, I rise in support distinction and the uncommon acts of courage of this mission. of H. Con. Res. 47—a resolution establishing that made recipients real-life heros. Lieutenant Marm’s gallantry on the a national day of remembrance, reflection, and Previous honorees include several EI battlefield and his extraordinary risk celebration for those citizens who so valiantly Pasoans. Staff Sergeant Ambrosio Guillen of his life are in the highest traditions defended our Nation and protected their fellow was posthumously awarded the Medal of of U.S. Army and reflect great credit servicemembers through extraordinary feats of Honor for going above and beyond the call of upon himself and the Armed Forces of courage and achievement—recipients of the duty during the Korean War. Sergeant Guillen this country. Congressional Medal of Honor. sacrificed his life in order to thwart an enemy With that, I thank the gentleman I extend a thank you to my colleagues from attack, saving the lives of the men in his pla- from Missouri (Mr. SKELTON) for this the House Armed Services Committee for toon. He was laid to rest at Fort Bliss National privilege to be part of this debate. leading the effort to commemorate the recipi- Cemetery.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00055 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4698 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 Colonel Joseph C. Rodriguez was also SEC. 2. FINDINGS. cial Accounting Standards Board, and awarded the Medal of Honor for his coura- Congress finds the following: the Public Company Accounting Over- geous actions in the Korean War. While facing (1) Transparent and clear financial report- sight Board. ing is integral to the continued growth and a barrage of hostile fire and improbable odds, Since the 1930s, the Securities and strength of our capital markets and the con- Exchange Commission has required Colonel Rodriguez secured a strategic strong- fidence of investors. hold by killing 15 enemy soldiers occupying (2) The increasing detail and volume of ac- public companies to file financial re- well-fortified positions. He later moved to EI counting, auditing, and reporting guidance ports like income statements and bal- Paso following his retirement from the Army pose a major challenge. ance sheets. Today, companies also and served as Facilities Director at the Univer- (3) The complexity of accounting and au- rely on the generally accepted account- sity of Texas at EI Paso for over 10 years. diting standards in the United States has ing principles developed by the Finan- Most recently, on April 4, 2005, Army Ser- added to the costs and effort involved in fi- cial Accounting Standards Board to geant First Class Paul Ray Smith was post- nancial reporting. prepare these reporting documents. SEC. 3. ANNUAL TESTIMONY ON REDUCING COM- This independent accounting standard- humously awarded the Medal of Honor for his PLEXITY IN FINANCIAL REPORTING. ‘‘extraordinary heroism and uncommon valor’’ setter came into existence in the 1970s. The Securities and Exchange Commission, The tidal wave of accounting scandals while repelling an enemy attack on a prisoner the Financial Accounting Standards Board, of war holding area during Operation Iraqi and the Public Company Accounting Over- at the start of this decade led Congress Freedom. Sergeant Smith quickly organized sight Board shall annually provide oral testi- to reassess our Nation’s financial re- two Army platoons to defend their position. In mony by their respective Chairpersons or a porting system and adopt further re- the face of enemy fire, Smith manned a .50 designee of the Chairperson, beginning in forms in the Sarbanes-Oxley Act. caliber machine gun mounted on a damaged 2007, and for 5 years thereafter, to the Com- Among other things, this landmark law mittee on Financial Services of the House of armored vehicle. Although exposed to enemy created the Public Company Account- Representatives on their efforts to reduce ing Oversight Board. This body estab- gunfire, Sergeant Smith maintained his posi- the complexity in financial reporting to pro- tion. His heroism resulted in the death of over lishes the auditing standards used to vide more accurate and clear financial infor- examine public company accounting 50 enemy soldiers before Sergeant Smith was mation to investors, including— mortally wounded during this courageous act. (1) reassessing complex and outdated ac- statements. It also registers and in- As a Vietnam veteran, I recognize the im- counting standards; spects the auditors of public compa- portance of honoring these selfless acts of (2) improving the understandability, con- nies. Even without this legislation, the Fi- courage. In order to preserve their legacy and sistency, and overall usability of the existing nancial Services Committee is already costly sacrifices, I proudly stand in support of accounting and auditing literature; (3) developing principles-based accounting working to examine accounting and au- our Medal of Honor recipients. standards; Mr. SKELTON. Mr. Speaker, I yield diting issues and the work of each of (4) encouraging the use and acceptance of these parties. Earlier this month we back the balance of my time. interactive data; and The SPEAKER pro tempore. The approved an oversight plan for the (5) promoting disclosures in ‘‘plain 110th Congress. Several of the action question is on the motion offered by English’’. the gentleman from Missouri (Mr. items in that plan address accounting The SPEAKER pro tempore. Pursu- issues. For example, the oversight plan SKELTON) that the House suspend the ant to the rule, the gentleman from calls for the committee to review the rules and agree to the concurrent reso- Georgia (Mr. SCOTT) and the gentleman lution, H. Con. Res. 47. efforts of the Financial Accounting from Kentucky (Mr. DAVIS) each will Standards Board to improve financial The question was taken. control 20 minutes. The SPEAKER pro tempore. In the accounting standards. It also calls for The Chair recognizes the gentleman us to study the progress being made on opinion of the Chair, two-thirds being from Georgia. in the affirmative, the ayes have it. establishing international accounting GENERAL LEAVE Mr. SKELTON. Mr. Speaker, on that standards. The plan further calls for I demand the yeas and nays. Mr. SCOTT of Georgia. Mr. Speaker, the committee to examine the work of The yeas and nays were ordered. I ask unanimous consent that all Mem- the Public Company Accounting Over- The SPEAKER pro tempore. Pursu- bers may have 5 legislative days within sight Board as it implements the audit- ant to clause 8 of rule XX and the which to revise and extend their re- ing improvements made by the Sar- Chair’s prior announcement, further marks on this legislation and to insert banes-Oxley Act. This legislation, proceedings on this question will be extraneous material therein. therefore, builds on what we had al- postponed. The SPEAKER pro tempore. Is there ready planned to do in the 110th Con- objection to the request of the gen- f gress and what other sessions of Con- tleman from Georgia? gress should plan to do. PROMOTING TRANSPARENCY IN There was no objection. These proposed annual hearings over FINANCIAL REPORTING ACT OF Mr. SCOTT of Georgia. Mr. Speaker, the next 5 years will help us to reassess 2007 I rise in support of H.R. 755, and I yield complex accounting standards. It will Mr. SCOTT of Georgia. Mr. Speaker, myself such time as I may consume. help us improve the understandability I move to suspend the rules and pass b 1430 of financial statements, and it will en- the bill (H.R. 755) to require annual courage the acceptance of interactive Mr. Speaker, this Promoting Trans- oral testimony before the Financial data. Even though it seems highly like- parency in Financial Reporting Act is Services Committee of the Chairperson ly that the parties subject to this legis- a bipartisan bill that the House consid- or a designee of the Chairperson of the lation would testify before the Finan- ered last year and passed on a voice Securities and Exchange Commission, cial Services Committee on these mat- vote. The legislation, however, failed the Financial Accounting Standards ters if asked, this bill will make cer- to become law during the 109th Con- Board, and the Public Company Ac- tain that the committee remains fo- gress; and as a result, we now must counting Oversight Board, relating to cused on these important issues in the consider these matters anew in the their efforts to promote transparency immediate future. 110th Congress. in financial reporting. In addition, the adoption of H.R. 755 H.R. 755 has a simple premise, Mr. The Clerk read as follows: will help to encourage our regulators Speaker. For the next 5 years, it would H.R. 755 and standard-setters to fulfill their require annual testimony before the own roles and initiatives to achieve Be it enacted by the Senate and House of Rep- House Financial Services Committee resentatives of the United States of America in greater transparency, promote greater Congress assembled, by those entities most involved in es- uniformity, and reduce complexity in SECTION 1. SHORT TITLE. tablishing and implementing our Na- financial reporting not only at home This Act may be cited as the ‘‘Promoting tion’s financial reporting system. but also around the world. Transparency in Financial Reporting Act of These parties include the Securities In recent years, our financial report- 2007’’. and Exchange Commission, the Finan- ing standards have become more and

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4699 more complex and complicated, espe- As a former small business consultant, key facts in financial statements so in- cially as we have sought to address I know firsthand the difficulties faced vestors can quickly extract and ana- more difficult issues like the account- during the time-consuming and costly lyze information in an easily under- ing treatment of derivatives and hedg- processes of accounting and financial standable format. The SEC recently ing instruments. This complexity has disclosure. Unfortunately, financial re- announced the expansion of the vol- created difficulties not only for the porting remains an arduous task with untary test program, which already in- companies that operate in the United too many opportunities for error and cludes two dozen companies rep- States or that access our capital mar- for manipulation. Reassessing outdated resenting more than $1 trillion of mar- kets but also the investors and advisers accounting standards and improving ket value. Participating companies are who read and use financial statements. the ability of the average investor to rewarded with expedited reviews of For our Nation to remain competi- understand and utilize financial docu- SEC filings. In turn, the test group will tive, we need to have robust capital ments are essential to the livelihood of help the SEC to decide how interactive markets. For our capital markets to be American business and the protection data can be of most use to investors. strong, we need to have transparent, of America’s investors. These kinds of public and private part- clear, and understandable financial re- Requiring annual congressional testi- nerships will ultimately serve the porting. We also need to ensure that mony by the Securities and Exchange American people best and keep our the entities responsible for accounting Commission, the Financial Accounting markets robust and strong. and auditing issues continue to work Standards Board, and the Public Com- Many have criticized the burden and smoothly together. H.R. 755 will help pany Accounting Oversight Board cost of Sarbanes-Oxley, and particu- us to stay focused on achieving these stresses that simplification, cost reduc- larly section 404, on small public com- panies. It is critical that we strike the important and desirable goals. tion, and transparency in accounting right balance between requiring finan- In conclusion, Mr. Speaker, I want to standards and financial reporting are cial reporting to bolster investor con- commend the hard work of the gen- public priorities. H.R. 755 will help hold fidence and keeping our markets open tleman from Kentucky (Mr. DAVIS), the SEC, FASB, and PCAOB, as well as to both domestic and foreign invest- who is the primary sponsor on this bill. Congress, accountable for making ment. H.R. 755 will help Congress main- And I want to commend Mr. DAVIS for progress on these important issues. tain an active and essential role in this introducing this measure, and I am H.R. 755 will give Congress a way to balancing act. proud to work with him as the lead co- measure progress on the efforts of Modernizing reporting processes, in- sponsor over these last years. And, these organizations over the next 5 creasing transparency, and reducing hopefully, this time will be the charm. years and ensure they are working to the costs of financial reporting will This bill is aimed at ensuring that in- streamline and to modernize the proc- help ease the regulatory burden on dividuals have access to the informa- ess of financial reporting. businesses and strengthen the ability tion that they truly need to make bet- As stated in the bill, we would like to of individual investors to make edu- ter investment decisions. And I urge direct attention to several areas of in- cated financial decisions. To quote SEC support for H.R. 755. terest: first, we would like to reassess Chairman Chris Cox, this process is Mr. Speaker, I reserve the balance of outdated and complex accounting going to be ‘‘a long one, but it is worth my time. standards; improve the understand- it to make sure that the capital mar- Mr. DAVIS of Kentucky. Mr. Speak- ability, consistency, and overall kets remain strong and vibrant.’’ er, I yield myself such time as I may usability of the existing accounting The Promoting Transparency in Fi- consume. and auditing literature; develop prin- nancial Reporting Act will hold the Mr. Speaker, I rise today in support ciples-based accounting standards; and SEC, FASB, and PCAOB, as well as of H.R. 755, the Promoting Trans- encourage the use and acceptance of Congress, accountable for making parency in Financial Reporting Act. interactive data or extensible business progress on these important issues. And I also would like to thank the gen- reporting language, also known as Let’s pass this bill as a first step to- tleman from Georgia for his hard work XBRL; and, finally, to promote disclo- wards creating a process for continuous on this bill. We started nearly 18 sures in plain English. I think it would improvement that will simplify our fi- months ago, and it is, I think, a true be great ultimately for investors not to nancial reporting regulatory frame- credit to bipartisanship in a way that need a CPA and a lawyer to understand work. it is going to help the American people, their own financial statements or the I would like to thank in particular help small business, and ultimately reports that they receive from compa- Ranking Member BACHUS, Chairman help to create jobs and give people the nies they invest in. FRANK, and Chairman KANJORSKI for opportunity to see clearly into the op- H.R. 755 isn’t intended to imply that their support and my friend from Geor- eration of the financial markets. these organizations have yet to move gia for his hard work on this to bring In the post-Enron financial era, towards these goals. In fact, there are this to the floor now. transparent reporting has become an many examples of progress already. Mr. Speaker, I reserve the balance of my time. increasingly important component of Each organization has already taken Mr. SCOTT of Georgia. Mr. Speaker, promoting a healthy corporate envi- strides to improve financial reporting I yield myself such time as I may con- ronment. Financially stable and ac- and the implementation of the Sar- sume. countable corporations are essential banes-Oxley Act, and I applaud these This is, as we mentioned, a very im- for expanding the U.S. business sector, efforts. portant bill that will certainly increase promoting investor confidence, and For example, in December, 2006, the confidence of the American people strengthening the economy. PCAOB proposed new standards for au- in our financial systems and make it However, it is important to examine diting of internal controls designed to smoother and with less complexity. ways in which such accountability and focus auditors on the most important And I want to also thank the leader- reporting standards can become both issues. The proposed standards elimi- ship of the Financial Services Com- more efficient and more transparent. A nate unnecessary audit requirements mittee, Chairmen BARNEY FRANK and cumbersome, costly system will only and, most importantly, provide guid- KANJORSKI, for their excellent leader- reduce our competitiveness in a con- ance on how to adjust the audit for a ship on this very, very important and nected world economy and ultimately smaller, less complex company. I ap- timely issue. And, again, I want to cost us jobs. preciate the willingness of the PCAOB commend the hard work of my col- I regularly hear complaints from to respond to feedback from Congress league Mr. DAVIS in providing leader- business owners and executives in Ken- and the investment community. ship on this. tucky about the costs and complexities Another example is the SEC’s en- Ms. WATERS. Mr. Speaker, I rise in support of financial reporting requirements couragement of the use of interactive of H.R. 755, Promoting Transparency in Fi- mandated by the Federal Government. data. Interactive data uses ‘‘tags’’ for nancial Reporting Act of 2007.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00057 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4700 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 H.R. 755 is a simple, but important meas- SECTION 1. SHORT TITLE. ‘‘(vii) INVESTMENTS NOT SUBJECT TO OTHER ure. It requires the Securities and Exchange This Act may be cited as the ‘‘Depository LIMITATION ON QUALITY OF INVESTMENTS.—No Institution Community Development Invest- Commission, the Financial Accounting Stand- obligation a Federal savings association ac- ments Enhancement Act’’. quires or retains under this subparagraph ards Board, and the Public Company Account- SEC. 2. TECHNICAL CORRECTIONS. shall be taken into account for purposes of ing Board to provide annual testimony by their (a) NATIONAL BANKS.—The first sentence of the limitation contained in section 28(d) of respective chairpersons or designees of the the paragraph designated as the ‘‘Eleventh’’ the Federal Deposit Insurance Act on the ac- chairperson starting next year and for five sub- of section 5136 of the Revised Statutes of the quisition and retention of any corporate debt sequent years to the Committee on Financial United States (12 U.S.C. 24) (as amended by security not of investment grade. Services on their efforts to reduce the com- section 305(a) of the Financial Services Reg- ‘‘(viii) APPLICABILITY OF STANDARDS TO ulatory Relief Act of 2006) is amended by EACH INVESTMENT.—The standards and limi- plexity of financial reporting to provide a more striking ‘‘promotes the public welfare by accurate and clear financial information to in- tations of this subparagraph shall apply to benefiting primarily’’ and inserting ‘‘is de- each investment under this subparagraph vestors, including: signed primarily to promote the public wel- made by a savings association directly and Reassessing complex and outdated ac- fare, including the welfare of’’. by its subsidiaries.’’. (b) STATE MEMBER BANKS.—The first sen- counting standards; improving the understand- (b) TECHNICAL AND CONFORMING AMEND- tence of the 23rd undesignated paragraph of ability, consistency, and overall usability of the MENTS.—Section 5(c)(3)(A) of the Home Own- section 9 of the Federal Reserve Act (12 existing accounting and auditing literature; de- ers’ Loan Act (12 U.S.C. 1464(c)(3)(A)) is U.S.C. 338a) (as amended by section 305(b) of amended to read as follows: veloping principles-based accounting stand- the Financial Services Regulatory Relief Act ‘‘(A) [Repealed]’’. ards; encouraging the use and acceptance of of 2006) is amended by striking ‘‘promotes interactive data; and promoting disclosures in the public welfare by benefiting primarily’’ The SPEAKER pro tempore. Pursu- plain English. and inserting ‘‘is designed primarily to pro- ant to the rule, the gentleman from In view of the different accounting standards mote the public welfare, including the wel- Massachusetts (Mr. FRANK) and the being used in the private sector and govern- fare of’’. gentlewoman from Illinois (Mrs. SEC. 3. INVESTMENTS BY FEDERAL SAVINGS AS- BIGGERT) each will control 20 minutes. ment, it is clear that we need to have informa- SOCIATIONS AUTHORIZED TO PRO- tion that is reliable and credible. Financial in- MOTE THE PUBLIC WELFARE. The Chair recognizes the gentleman formation that does not meet rigorous and ac- (a) IN GENERAL.—Section 5(c)(3) of the from Massachusetts. ceptable standards sends the wrong signals to Home Owners’ Loan Act (12 U.S.C. 1464(c)) is Mr. FRANK of Massachusetts. Mr. investors as well as to the public about the amended by adding at the end the following Speaker, I yield myself such time as I real the financial condition of a business. new subparagraph: may consume. ‘‘(D) DIRECT INVESTMENTS TO PROMOTE THE As we have witnessed over the past several Mr. Speaker, I rise in support of H.R. PUBLIC WELFARE.— years, the quality of financial information can ‘‘(i) IN GENERAL.—A Federal savings asso- 1066. make the difference between the true value of ciation may make investments, directly or It does occur to me on reflection that a company and what the public perceives to indirectly, each of which is designed pri- we should have asked the gentleman be its condition. H.R. 755 is an important first marily to promote the public welfare, includ- from Florida and the gentleman from step towards making sure that the information ing the welfare of low- and moderate-income Washington, Mr. HASTINGS and Mr. being reported to investors and to the public is communities or families through the provi- HASTINGS, to join in supporting this believable. As such, I ask my colleagues to sion of housing, services, and jobs. bill given its number. But in their ab- ‘‘(ii) DIRECT INVESTMENTS OR ACQUISITION join me in supporting this bill. sence, I will note that this is a bill that OF INTEREST IN OTHER COMPANIES.—Invest- Mr. SCOTT of Georgia. Mr. Speaker, ments under clause (i) may be made directly passed the House last year unani- I have no further requests for time, and or by purchasing interests in an entity pri- mously as part of a larger regulatory I yield back the balance of my time. marily engaged in making such investments. relief bill that came out of the Com- Mr. DAVIS of Kentucky. Mr. Speak- ‘‘(iii) PROHIBITION ON UNLIMITED LIABIL- mittee on Financial Services. It went er, I yield back the balance of my time. ITY.—No investment may be made under this to the Senate, and the Senate passed The SPEAKER pro tempore. The subparagraph which would subject a Federal much of what we sent them but not all question is on the motion offered by savings association to unlimited liability to of it. the gentleman from Georgia (Mr. any person. ‘‘(iv) SINGLE INVESTMENT LIMITATION TO BE b 1445 SCOTT) that the House suspend the ESTABLISHED BY DIRECTOR.—Subject to The Senate deleted some provisions. rules and pass the bill, H.R. 755. clauses (v) and (vi), the Director shall estab- The question was taken. lish, by order or regulation, limits on— We, in the interest of getting some leg- The SPEAKER pro tempore. In the ‘‘(I) the amount any savings association islation through, accepted the Senate’s opinion of the Chair, two-thirds being may invest in any 1 project; and proposal, and so much of what we sent in the affirmative, the ayes have it. ‘‘(II) the aggregate amount of investment originally did become law. Some pieces Mr. DAVIS of Kentucky. Mr. Speak- of any savings association under this sub- did not. er, on that I demand the yeas and nays. paragraph. This is a piece that provides more ‘‘(v) FLEXIBLE AGGREGATE INVESTMENT LIMI- The yeas and nays were ordered. flexibility for banks that are engaging TATION.—The aggregate amount of invest- in what is called, and it is a particular The SPEAKER pro tempore. Pursu- ments of any savings association under this ant to clause 8 of rule XX and the subparagraph may not exceed an amount legal term here, public welfare invest- Chair’s prior announcement, further equal to the sum of 5 percent of the savings ments. Banks are allowed to spend, in- proceedings on this question will be association’s capital stock actually paid in vest up to 15 percent of their capital in postponed. and unimpaired and 5 percent of the savings what are called public welfare invest- association’s unimpaired surplus, unless— f ments. This would allow that very good ‘‘(I) the Director determines that the sav- policy some more flexibility. DEPOSITORY INSTITUTION COM- ings association is adequately capitalized; I would note, that, for instance, the MUNITY DEVELOPMENT INVEST- and Association of Affordable Housing MENTS ENHANCEMENT ACT ‘‘(II) the Director determines, by order, that the aggregate amount of investments in Lenders, people who build subsidized Mr. FRANK of Massachusetts. Mr. a higher amount than the limit under this housing, are in favor of this change. Speaker, I move to suspend the rules clause will pose no significant risk to the af- What it does is it broadens the defini- and pass the bill (H.R. 1066) to increase fected deposit insurance fund. tion. It doesn’t change the 15 percent, community development investments ‘‘(vi) MAXIMUM AGGREGATE INVESTMENT but it gives more flexibility. by depository institutions, and for LIMITATION.—Notwithstanding clause (v), the We have this situation where we do other purposes. aggregate amount of investments of any sav- want these investments to be for the The Clerk read as follows: ings association under this subparagraph benefit of low and moderate income may not exceed an amount equal to the sum H.R. 1066 of 15 percent of the savings association’s cap- people. But it is one thing to say that Be it enacted by the Senate and House of Rep- ital stock actually paid in and unimpaired they should generally be for the benefit resentatives of the United States of America in and 15 percent of the savings association’s of low and moderate income people, Congress assembled, unimpaired surplus. and another to strictly confine them to

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4701 areas that have this direct benefit. such investments. These categories of invest- Enhancement Act, and I want to com- What you do is you lose the flexibility ments, which were eliminated with passage mend Chairman FRANK for introducing we would like. of The Financial Services Regulatory Relief this legislation. Mr. Speaker, I will include in the Act of 2006, include investments that: Revitalize or stabilize designated disaster The regulatory relief legislation that record at this point letters from John areas, including areas devastated by hurri- was signed into law last October in- Reich, the Director of the Office of canes. creased the authority of banks to in- Thrift Supervision, and John Dugan, Revitalize or stabilize underserved or dis- vest in projects that benefit low and the Comptroller of the Currency. tressed middle-income rural communities. moderate income communities. The Utilize New Markets Tax Credits to pro- OFFICE OF THRIFT SUPERVISION, legislation increases the allowable per- mote development in middle-income census DEPARTMENT OF THE TREASURY, centage of public welfare investments tracts with greater than 20 percent poverty Washington, DC, February 23, 2007. rates. from 10 to 15 percent of a thrift’s cap- Hon. BARNEY FRANK, Finance mixed-income affordable housing ital and surplus. Banks currently have Chairman, Committee on Financial Services, in govemment targeted areas for revitaliza- this authority. House of Representatives, Washington, D.C. tion. H.R. 1066 would expand this authority Hon. SPENCER BACHUS, Since 1992, the preexisting standard has in allowing thrifts to invest in dis- Ranking Member, Committee on Financial Serv- been implemented by the OCC in a trans- ices, House of Representatives, Washington, tressed areas, as well as the low and parent manner to generate national bank moderate income communities. This D.C. community development investments in DEAR CHAIRMAN FRANK AND RANKING MEM- every state of the nation amounting to over enhanced authority is important be- BER BACHUS: I am writing to provide my sup- $16 billion. Every approved public welfare in- cause the need for investment in gov- port for H.R. 1066, the ‘‘Depository Institu- vestment made by a national bank is posted ernment-designated disaster areas may tion Community Development Investment by the OCC on our public website. Further, not necessarily be confined to low to Enhancements Act,’’ legislation that you re- all public welfare investments made by na- cently introduced and that I understand will moderate income areas. tional banks have been, and will continue to soon be considered by the House. H.R. 1066 H.R. 1066 also would make it easier be under the provisions of H.R. 1066, subject will enhance the ability of savings associa- for banks to invest in projects in dev- to key controls designed to protect against tions to support important public welfare astated and abandoned communities on risks to the safety and soundness of the bank initiatives. I encourage Congress to take and to the deposit insurance fund. the gulf coast or to revitalize rural swift action on this bill. Restoring the previously qualifying cat- areas that are underserved or dis- Similar to Section 202 of H.R. 3505, the ‘‘Fi- egories of investments, in combination with tressed. This legislation allows greater nancial Services Regulatory Relief Act of the recent increase in allowable investments opportunities for banks and thrifts to 2005,’’ which passed on a bipartisan basis in to 15 percent of capital and surplus, can po- provide housing, community services the full House of Representatives and H.R. tentially generate as much as $30 billion in 6062, the ‘‘Community Development Invest- and jobs to communities throughout national bank investment to help revitalize our Nation. It also helps these institu- ment Enhancements Act of 2006,’’ which also local ommunities across the nation—without passed on a voice vote by the full House, H.R. the use of any taxpayer funds. I urge prompt tions meet their obligations under the 1066 will enable savings associations to sup- passage of H.R. 1066 to help achieve this sig- Community Reinvestment Act. Since port important community development pro- nificant impact. the law was enacted in 1992, existing grams. Sincerely, authority has already generated more Specifically, H.R. 1066 will increase the JOHN C. DUGAN, than $16 billion of investments. ability of federal savings associations to Comptroller of the Currency. make investments primarily designed to pro- Twice last year legislation similar to mote the public welfare of low- and mod- Mr. Speaker, in Mr. Dugan’s letter, H.R. 1066 passed the House overwhelm- erate-income communities and families for example, he says giving this flexi- ingly. H.R. 6062, the Community Devel- through the provision of housing, services, bility would allow ‘‘finance mixed-in- opment Investment Enhancement Act and jobs. Your bill accomplishes this by rais- come affordable housing in government of 2006 passed the House by voice vote ing the limits on the ability of federal thrifts targeted areas for revitalization.’’ It in September. The same language also to invest in entities primarily engaged in maintains the purpose of helping low was included in the House passed making these public welfare investments. Thank you for your leadership in spon- and moderate income people, but it version of regulatory relief legislation, soring this important legislation and your provides the flexibility in doing it, H.R. 3505, which cleared this body last continued interest is this issue. I applaud which we would all support. March by a vote of 415–2, as Chairman your efforts to remove barriers to the growth I know of no opposition to the bill. FRANK noted. and stability of low- and moderate-income People might have raised the question, Mr. Speaker, I urge my colleagues to communities and urge immediate consider- well, the groups that are the primary support H.R. 1066. ation of H.R. 1066. If you have any questions, advocates, the low and moderate in- Mr. Speaker, I have no further re- please do not hesitate to contact me or come people, do they think it might hit quests for time, and I yield back the Kevin Petrasic, Managing Director of Exter- them? No, the answer is they do not. nal Affairs, at 2012–906–6452. balance of my time. Respectifully yours, And several groups that try to promote Mr. FRANK of Massachusetts. Mr. JOHN M. REICH, this kind of mixed economic benefit de- Speaker, I yield back the balance of Director. velopment think this would be useful. my time. As I said, it is a bill the House passed The SPEAKER pro tempore. The COMPTROLLER OF THE CURRENCY AD- last year. It is supported by banks. We question is on the motion offered by MINISTRATOR OF NATIONAL BANKS, have banks that want to be socially re- the gentleman from Massachusetts Washington, DC, February 26, 2007. sponsible, within the context of mak- (Mr. FRANK) that the House suspend Hon. BARNEY FRANK, ing a profit and meeting their safety Chairman, Committee on Financial Services, the rules and pass the bill, H.R. 1066. House of Representatives, Washington, D.C. and soundness requirements. We should The question was taken; and (two- DEAR CHAIRMAN FRANK: Thank you for hav- not unduly burden them when they try thirds being in the affirmative) the ing introduced H.R. 1066, the Depository In- to do that. rules were suspended and the bill was stitution Community Development Invest- So I hope that the House will once passed. ments Enhancement Act, which would re- again pass this, and that this time, A motion to reconsider was laid on store the preexisting, longstanding authority looking at them alone with a little the table. of national and state member banks to make more leisure, the Senate will go along. investments ‘‘designed primarily to promote Mr. Speaker, I reserve the balance of f the public welfare, including the welfare of my time. low- and moderate-income communities or Mrs. BIGGERT. Mr. Speaker, I yield BROWNFIELDS REDEVELOPMENT families.’’ ENHANCEMENT ACT Returning to this standard will restore myself such time as I may consume. several major categories of public welfare in- Mr. Speaker, I rise today in support Mr. FRANK of Massachusetts. Mr. vestments in areas determined by federal, of H.R. 1066, the Depository Institution Speaker, I move to suspend the rules state and local governments to be in need of Community Development Investments and pass the bill (H.R. 644) to facilitate

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4702 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 the provision of assistance by the De- Indian tribes for carrying out projects and Stat. 3905) and redesignating such paragraph partment of Housing and Urban Devel- activities to assist the development and re- as paragraph (26). opment for the cleanup and economic development of brownfield sites, which shall (b) BROWNFIELDS REDEVELOPMENT ACTIVI- TIES.—Section 105(a) of the Housing and redevelopment of brownfields. include mine-scarred lands. ‘‘(b) USE OF GRANT AMOUNTS.—Amounts Community Development Act of 1974 (42 The Clerk read as follows: from grants under this section— U.S.C. 5305(a)), as in effect pursuant to sub- H.R. 644 ‘‘(1) shall be used, as provided in subsection section (a) of this section, is amended— Be it enacted by the Senate and House of Rep- (a) of this section, only for activities speci- (1) in paragraph (24) (as added by sub- resentatives of the United States of America in fied in section 108(a); section (a)(1) of this section), by striking Congress assembled, ‘‘(2) shall be subject to the same require- ‘‘and’’ at the end; SECTION 1. SHORT TITLE. ments that, under section 101(c) and para- (2) in paragraph (25) (as added by sub- This Act may be cited as the ‘‘Brownfields graphs (2) and (3) of section 104(b), apply to section (a)(2) of this section), by striking the Redevelopment Enhancement Act’’. grants under section 106; and period at the end and inserting a semicolon; SEC. 2. FINDINGS AND PURPOSES. ‘‘(3) shall not be provided or used in a man- (3) in paragraph (26) (as added by sub- (a) FINDINGS.—The Congress finds that— ner that reduces the financial responsibility section (a)(3) of this section), by striking the (1) returning the Nation’s brownfield sites of any nongovernmental party that is re- period at the end and inserting ‘‘; and’’; and to productive economic use could generate sponsible or potentially responsible for con- (4) by adding at the end the following new more than 550,000 additional jobs and up to tamination on any real property and the pro- paragraph: $2,400,000,000 in new tax revenues for cities vision of assistance pursuant to this section ‘‘(27) economic development and redevelop- and towns; shall not in any way relieve any party of li- ment activities related to projects for (2) redevelopment of brownfield sites and ability with respect to such contamination, brownfields sites (as such term is defined in reuse of infrastructure at such sites will pro- including liability for removal and remedi- section 123(f)), in conjunction with the ap- tect natural resources and open spaces; ation costs. propriate environmental regulatory agen- (3) lack of funding for redevelopment is a ‘‘(c) AVAILABILITY OF ASSISTANCE.—The cies, except that assistance pursuant to this primary obstacle impeding the reuse of Secretary shall not require, for eligibility paragraph shall not be provided in a manner brownfield sites; for a grant under this section, that such that reduces the financial responsibility of (4) the Department of Housing and Urban grant amounts be used only in connection or any nongovernmental party that is respon- Development is the agency of the Federal conjunction with projects and activities as- sible or potentially responsible for contami- Government that is principally responsible sisted with a loan guaranteed under section nation on any real property and the provi- for supporting community development and 108. sion of assistance pursuant to this paragraph encouraging productive land use in urban ‘‘(d) APPLICATIONS.—Applications for as- shall not in any way relieve any party of li- areas of the United States; sistance under this section shall be in the ability with respect to such contamination, (5) grants under the Brownfields Economic form and in accordance with procedures as including liability for removal and remedi- Development Initiative of the Department of shall be established by the Secretary. ation costs.’’. Housing and Urban Development provide ‘‘(e) SELECTION CRITERIA AND SEC. 5. TECHNICAL AMENDMENT TO ALLOW USE local governments with a flexible source of LEVERAGING.—The Secretary shall establish OF CDBG FUNDS TO ADMINISTER funding to pursue brownfields redevelopment criteria for awarding grants under this sec- RENEWAL COMMUNITIES. Section 105(a)(13) of the Housing and Com- through land acquisition, site preparation, tion, which may include the extent to which munity Development Act of 1974 (42 U.S.C. economic development, and other activities; the applicant has obtained other Federal, 5305(a)(13)) is amended by inserting ‘‘and re- (6) to be eligible for such grant funds, a State, local, or private funds for the projects newal communities’’ after ‘‘enterprise community must be willing to pledge com- and activities to be assisted with grant zones’’. munity development block grant funds as amounts and such other criteria as the Sec- partial collateral for a loan guarantee under retary considers appropriate. Such criteria SEC. 6. APPLICABILITY. The amendments made by this Act shall section 108 of the Housing and Community shall include consideration of the appro- apply only with respect to amounts made Development Act of 1974, and this require- priateness of the extent of financial available for fiscal year 2008 and fiscal years ment is a barrier to many local communities leveraging involved in the projects and ac- thereafter for use under the provisions of law that are unable or unwilling to pledge such tivities to be funded with the grant amounts. amended by this Act. block grant funds as collateral; and ‘‘(f) DEFINITION OF BROWNFIELD SITE.—For (7) by de-linking grants for brownfields de- purposes of this section, the term ‘brownfield The SPEAKER pro tempore. Pursu- velopment from section 108 community de- site’ has the meaning given such term in sec- ant to the rule, the gentleman from velopment loan guarantees and the related tion 101(39) of the Comprehensive Environ- Massachusetts (Mr. FRANK) and the pledge of community development block mental Response, Compensation, and Liabil- gentlewoman from Illinois (Mrs. grant funds, more communities will have ac- ity Act of 1980 (42 U.S.C. 9601(39)). Such term BIGGERT) each will control 20 minutes. cess to funding for redevelopment of includes a site that meets the requirements The Chair recognizes the gentleman brownfield sites. under subparagraph (D) of such section for from Massachusetts. (b) PURPOSE.—The purpose of this Act is to inclusion as a brownfield site for purposes of Mr. FRANK of Massachusetts. Mr. section 104(k) of such Act (42 U.S.C. 9604(k)). provide cities and towns with more flexi- Speaker, I yield myself such time as I bility for brownfields development, increased ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— accessibility to brownfields redevelopment There are authorized to be appropriated for may consume. funds, and greater capacity to coordinate grants under this section such sums as may Mr. Speaker, this is a bill to give and collaborate with other government agen- be necessary for each of fiscal years 2008 more flexibility to our municipalities. cies— through 2012.’’. They are allowed to use Community (1) by providing additional incentives to SEC. 4. CLARIFICATION OF BROWNFIELDS REDE- Development Block Grant funds for invest in the development and redevelop- VELOPMENT AS ELIGIBLE CDBG AC- cleaning up brownfields. ment of brownfield sites; and TIVITY. By the way, I do want to comment (2) by de-linking grants for brownfields de- (a) TECHNICAL CORRECTION.—Subsection (a) for a minute on brownfields. We hear a velopment from community development of section 105 of the Housing and Community great deal about public sector-private loan guarantees and the related pledge of Development Act of 1974 (42 U.S.C. 5305(a)) is sector, and I believe that people have community development block grant funds. amended— unwisely seen this as if there was an SEC. 3. BROWNFIELDS DEVELOPMENT INITIA- (1) by striking paragraph (24) and all that TIVE. follows through the end of the subsection opposition. In fact, we need to cooper- Title I of the Housing and Community De- and inserting the new paragraph (24) inserted ate, and I particularly here want to velopment Act of 1974 (42 U.S.C. 5301 et seq.) by section 2(3) of Public Law 108–146 (117 call attention to an aspect of this bill is amended by adding at the end the fol- Stat. 1883); that is relevant to those who tend to lowing new section: (2) by adding at the end (after the para- see the private sector as the fountain ‘‘SEC. 123. BROWNFIELDS DEVELOPMENT INITIA- graph added by paragraph (1) of this sub- of all benefits and the public sector as TIVE. section) the new paragraph (20) added by sec- somehow a source of negative activity. ‘‘(a) IN GENERAL.—The Secretary may tion 907(b)(1)(C) of Public Law 101–625 (104 What we are doing here is giving make grants under this section, on a com- Stat. 4388) and redesignating such paragraph petitive basis as specified in section 102 of as paragraph (25); and local governments the right to use Fed- the Department of Housing and Urban Devel- (3) by adding at the end (after the para- eral money to clean up messes that opment Reform Act of 1989 (42 U.S.C. 3545), graphs added by paragraphs (1) and (2) of this were left behind by the private sector. only to eligible public entities (as such term subsection) the new paragraph (21) added by Brownfields overwhelmingly are the re- is defined in section 108(o) of this title) and section 1012(f)(3)) of Public Law 102–550 (106 sult of industrial activity that was

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4703 once profitable and no longer is. That potential environmental contamina- ject for quite some time, as well as all doesn’t mean that the people that did tion. They are less seriously contami- of the other cosponsors of this bill. it were bad people, necessarily. It does nated than those covered under the The House passed a bill identical to mean given the change in economics, Superfund Act, and there are an esti- H.R. 644 in the 109th Congress because private sector entities walked away in mated 500,000 of them across the coun- many of us recognized the importance many cases and left the public sector try. of preserving a means of remedying the responsible for these cleanups. HUD administers a brownfields pro- numerous hazardous sites that remain What we are doing here is giving gram called the Brownfields Economic in this country. more flexibility to local communities Development Initiative, or BEDI. The Under the Brownfields Act, the Envi- so that they don’t have to take out a main purpose of BEDI is to spur eco- ronmental Protection Agency awards section 108 loan, which can tie up their nomic and community development of grants for the assessment and cleanup Community Development Block Grant the brownfields sites. The problem is of sites that pose a serious threat to funds for a long time. It does give in to that due to a loan guarantee require- human health and the environment local judgment. ment, the program has been underuti- than sites addressed by the Superfund. I do want to note one very important lized. Over the past 5 years, the Finan- Many of these sites thwart the devel- point that the gentleman from Michi- cial Services Committee has sought to opment and revitalization of commu- gan, the chairman of the Energy and make HUD’s program more effective, nities in distressed areas of the coun- Commerce Committee, has stressed, specifically the BEDI program. try, including the City of Los Angeles and a point on which I am in complete At hearings, we learned that many and Los Angeles County. In fact, it is agreement with him, namely that the communities had been shut out of the these sites that make development ef- funding flexibility here should be for BEDI program because they can’t get a forts impossible because of the poten- brownfields, not for Superfund sites. grant without going through the cum- tial risks. The Brownfields Redevelopment En- In the Superfund situation, we have bersome process of applying for a sec- hancement Act becomes a powerful provisions for those who polluted to tion 108 loan. That is very hard on economic development tool when used have to pay in to cleaning up the those smaller communities. in conjunction with other Federal eco- messes they left behind. We do not Under current law, HUD’s nomic redevelopment resources, CDBG want the brownfields money here to be brownfields redevelopment projects and section 108 loan guarantees. It is used in any way to diminish that li- must be backed by those section 108 precisely the kind of leveraging tool ability. guaranteed loans. The section 108 loans that we must utilize to spur develop- So I very much agree with the point require a local community to provide ment in places where development that was made by the gentleman from loan security by collateralizing its costs are uncertain given the presence Michigan (Mr. DINGELL). In fact, when BEDI project with that community’s of hazardous materials. we sent this bill previously to the Sen- current and future CDBG allocations. The Brownfields Redevelopment En- ate, they removed the restriction that Therefore, many small communities hancement Act, if passed, will continue we had put in there that would have have been hesitant to reply for BEDI to provide four types of competitive prevented this from happening, and we because they are unwilling or unable to grants: Assessment grants used as then would not pass the bill. We will pledge their block grants as collateral planning tools by grantees to conduct send this again to the Senate and we for the guaranteed loans. In short, H.R. due diligence related to the affected hope they will accept that this is for 644 amends the HUD Act of 1974 to per- sites; revolving loan fund grants to brownfields, it is not for Superfund. It mit HUD to issue BEDI grants inde- capitalize the loans for the cleanup of should be used in this very strict way pendent of the section 108 loan guaran- the sites; cleanup grants that provide so as to not become a substitute for tees. for the recipient to undertake cleanup This bill does not create a new pro- private contributions that ought to be activities; and job training grants gram and would not trigger new spend- coming. made available to nonprofits and edu- If we limit this to CDBG money for ing or receipts. This bill will facilitate cational entities to develop environ- the brownfields situation, we will be brownfields redevelopment in thou- mental job training programs. doing it right. This bill is entitled the sands of communities across the coun- Mr. Speaker, we cannot afford to Brownfields Redevelopment Enhance- try, thereby encouraging economic de- postpone passage of this bill any ment Act. We want moneys that are velopment, expanding communities’ longer. It sends a bad signal to the freed up here to be used only for that tax bases and, most importantly, cre- communities across the Nation who are purpose. ating new jobs. trying to rebuild, reinvest and Mr. Speaker, with that, I reserve the I applaud the bill’s sponsors for in- strengthen their economic local econo- balance of my time. troducing H.R. 644. I urge my col- mies. Any Federal tool to leverage pri- Mrs. BIGGERT. Mr. Speaker, I yield leagues to support this important piece vate investment must be preserved, myself such time as I may consume. of legislation. particularly in this pay-as-you-go eco- Mr. Speaker, I rise today in support Mr. Speaker, I reserve the balance of nomic environment. The Brownfields of H.R. 644, the Brownfields Redevelop- my time. Enhancement Act is a tool, and there- ment Enhancement Act of 2007. I want Mr. FRANK of Massachusetts. Mr. fore I urge my colleagues to support it. to commend Congressman MILLER of Speaker, I yield such time as she may California for introducing this legisla- consume to the gentlewoman from b 1500 tion for the fourth time. California (Ms. WATERS), the chair of Mrs. BIGGERT. Mr. Speaker, I re- This bill aims to provide local com- the Housing Subcommittee, from serve the balance of my time. munities greater access to the Depart- which this bill came. Mr. FRANK of Massachusetts. Mr. ment of Housing and Urban Develop- Ms. WATERS. Thank you very much, Speaker, I yield such time as he may ment’s brownfields program to clean up Mr. Chairman. consume to the gentleman from New and redevelop contaminated sites. Mr. Speaker, I rise in support of H.R. Jersey (Mr. PASCRELL). More importantly, the bill will help 644, the Brownfields Redevelopment Mr. PASCRELL. Mr. Speaker, I rise local communities create new jobs and Enhancement Act, a bill of which I am today in strong support of H.R. 644. As expand their tax base. an original cosponsor. I certainly ap- a former mayor of the third largest The revitalization of brownfields plaud the distinguished chairman of city in New Jersey, Paterson, the first sites has always been a familiar topic Committee on Financial Services, Mr. planned industrial city in the Nation in Illinois, as my home State has thou- FRANK, for working to get this bill to and home to some of the country’s old- sands of these underused or vacant the floor. I also want to thank Mr. est brownfield sites, I know this bill properties. Brownfields are those sites GARY MILLER, who introduced the bill will be beneficial to our Nation’s com- where redevelopment is complicated by and who has been working on this sub- munities.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4704 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 H.R. 644 authorizes HUD to offer There was no objection. sary urbanization on the fringes of metropoli- much-needed grants for the environ- Mrs. MALONEY of New York. Mr. Speaker tan areas. mental cleanup and economic develop- and Chairman FRANK, on behalf of New York Mr. FRANK of Massachusetts. Mr. ment of brownfield sites, places we City, which I represent, I am pleased that the Speaker, I yield back the balance of drive by every day of our lives. We House is considering the Brownfields Redevel- my time. want to rehabilitate those sites, in- opment Enhancement Act. The SPEAKER pro tempore. The cluding inactive factories, gas stations, I am proud to have been an original cospon- question is on the motion offered by salvage yards, abandoned warehouses. sor of this legislation in every session since it the gentleman from Massachusetts This bill also makes brownfield-re- was first introduced in the 107th Congress. (Mr. FRANK) that the House suspend lated environmental cleanup and eco- As you know, the primary purpose of the bill the rules and pass the bill, H.R. 644. nomic development activities eligible is to increase the flexibility of the Housing and The question was taken; and (two- for Community Development Block Urban Development Department’s Brownfields thirds being in the affirmative) the Grants assistance. These sites drive Economic Development Initiative (BEDI) and rules were suspended and the bill was down property values, provide little or to make the program available to more local passed. no tax revenue, and contribute to com- Governments. A motion to reconsider was laid on munity blight. The legislation eliminates the requirement the table. Since the inception of brownfield that communities applying for BEDI grants f programs, Mr. Speaker, the Federal must pledge their Community Block Develop- PROMOTING ANTITERRORISM CO- Government has allocated over $800 ment Grant (CBDG) funding as security for the OPERATION THROUGH TECH- million in brownfield assessment and loan—a rule that puts local Governments be- NOLOGY AND SCIENCE ACT cleanup funds. In addition, this invest- tween a rock and a hard place. ment has leveraged over $8 billion in Since its inception, the larger brownfields Mr. THOMPSON of Mississippi. Mr. cleanup and redevelopment dollars, a program has proven an effective Government Speaker, we have a bill, but in our tra- better than 10 to 1 return on invest- response to a serious environmental problem, ditional, bipartisan way, I yield to the ment. It has resulted in the assessment and it is important that we maximize its use. gentleman from New York (Mr. KING). of more than 8,000 properties and Brownfields are abandoned, or under-used Mr. KING of New York. Mr. Speaker, helped create over 37,000 jobs. It is a industrial and commercial facilities where fur- I move to suspend the rules and pass winner. ther redevelopment is impeded by environ- the bill (H.R. 884) to provide for the es- This is because the EPA and HUD mental contamination. They spot our country tablishment of the Science and Tech- grants work in conjunction with funds from coast to coast, especially in areas with nology Homeland Security Inter- that come from both the State and high or formerly high levels of industrial activ- national Cooperative Programs Office, local governments, and of course pri- ity, such as older urban areas. New York City, and for other purposes. The Clerk read as follows: vate sources, to address cleanup of including my district, is full of them. brownfield sites. If we don’t do this, These locations have potential for economic H.R. 884 those sites will remain abandoned and development but are held back by the environ- Be it enacted by the Senate and House of Rep- barren for years ahead of us. mental problems created by former or current resentatives of the United States of America in Congress assembled, This is an exciting time in the users. The program has successfully used a SECTION 1. SHORT TITLE. brownfields marketplace. Federal variety of financial and technical assistance to This Act may be cited as the ‘‘Promoting brownfields programs have provided restore these sites which would otherwise be Antiterrorism Cooperation through Tech- the foundation on which State initia- doomed to further decay. nology and Science Act’’ or the ‘‘PACTS tives have flourished. Throughout the I am very pleased to support this legislation Act’’. country, there are thousands of aban- and thank Representative GARY MILLER for in- SEC. 2. FINDINGS. doned structures that were once thriv- troducing it again this year and Chairman BAR- The Congress finds the following: ing businesses, often part of large in- NEY FRANK and Ranking Member BACHUS for (1) The development and implementation dustrial centers. Economic develop- their leadership on this bipartisan issue. of technology is critical to combating ter- ment matched with environmental Mr. SHAYS. Mr. Speaker, as a coauthor of rorism and other high consequence events and implementing a comprehensive home- cleanup has resulted in the rebirth of the original legislation which created the land security strategy. many industrial and commercial prop- Brownfields program, I rise in support of H.R. (2) The United States and its allies in the erties and surrounding neighborhoods. 644, which makes Brownfield Economic De- global war on terrorism share a common in- Anyone who cares about our Nation’s velopment Initiative, BEDI, grants far more ac- terest in facilitating research, development, cities celebrates these successes. HUD’s cessible to smaller communities by eliminating testing, and evaluation of equipment, capa- particular expertise in incorporating a requirement for communities to guarantee bilities, technologies, and services that will brownfields remediation into a larger their BEDI grant with their Community Devel- aid in detecting, preventing, responding to, strategy for economic development and opment block grant funds. recovering from, and mitigating against acts of terrorism. community revitalization is essential I believe the Brownfields program is one of (3) Certain United States allies in the glob- to the success we have had and will the most successful programs the Federal al war on terrorism, including Israel, the continue to have in the future. This is Government has to help revitalized urban United Kingdom, Canada, Australia, and a stimulant to the economy, a real areas. These sites, typically in the heart of Singapore have extensive experience with, stimulant. urban areas, lie idle because no one wants to and technological expertise in, homeland se- Mr. Speaker, I urge my colleagues to incur the large costs associated with Super- curity. support this very worthwhile legisla- fund cleanups. (4) The United States and certain of its al- tion. This, in turn should encourage more-envi- lies in the global war on terrorism have a Mrs. BIGGERT. Mr. Speaker, I yield history of successful collaboration in devel- ronmental cleanup and economic development oping mutually beneficial equipment, capa- back the balance of my time. of brownfield sites. As a result, cities are bilities, technologies, and services in the GENERAL LEAVE marked by abandoned buildings and vacant areas of defense, agriculture, and tele- Mr. FRANK of Massachusetts. Mr. lots while developers construct new buildings communications. Speaker, I ask unanimous consent that on what was previously open space in the (5) The United States and its allies in the all Members may have 5 legislative suburbs. global war on terrorism will mutually ben- days within which to make any com- Though small, these grants serve as seed efit from the sharing of technological exper- tise to combat domestic and international ments for the RECORD that they wish, money, enabling dozens of communities to le- terrorism. and also to include extraneous mate- verage millions of State and private dollars to (6) The establishment of an office to facili- rial on H.R. 644 and H.R. 1066. move into the actual cleanup phase. tate and support cooperative endeavors be- The SPEAKER pro tempore. Is there By reusing Brownfields sites, we not only re- tween and among government agencies, for- objection to the request of the gen- build blighted communities, but also target de- profit business entities, academic institu- tleman from Massachusetts? velopment in city centers and avoid unneces- tions, and nonprofit entities of the United

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4705 States and its allies will safeguard lives and are coordinated with those of other relevant ‘‘(B) a list of international cooperative ac- property worldwide against acts of terrorism research agencies, and may run projects tivities underway, including the partici- and other high consequence events. jointly with other agencies. pants, goals, expected duration, and amount SEC. 3. PROMOTING ANTITERRORISM THROUGH ‘‘(5) CONFERENCES AND WORKSHOPS.—The and sources of funding, including resources INTERNATIONAL COOPERATION Director may hold international homeland provided to support the activities in lieu of ACT. security technology workshops and con- direct funding. (a) IN GENERAL.—The Homeland Security ferences to improve contact among the ‘‘(2) UPDATES.—At the end of the fiscal Act of 2002 is amended by inserting after sec- international community of technology de- year that occurs 5 years after the trans- tion 313 (6 U.S.C. 193) the following: velopers and to help establish direction for mittal of the report under subsection (a), and ‘‘SEC. 314. PROMOTING ANTITERRORISM future technology goals. every 5 years thereafter, the Under Sec- THROUGH INTERNATIONAL CO- ‘‘(c) INTERNATIONAL COOPERATIVE ACTIVI- retary, acting through the Director, shall OPERATION PROGRAM. TIES.— transmit to the Congress an update of the re- ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) AUTHORIZATION.—The Under Secretary port required under subsection (a).’’. ‘‘(1) DIRECTOR.—The term ‘Director’ means is authorized to carry out international co- (b) CLERICAL AMENDMENT.—The table of the Director selected under subsection (b)(2). operative activities to support the respon- contents for the Homeland Security Act of ‘‘(2) INTERNATIONAL COOPERATIVE ACTIV- sibilities specified under section 302. 2002 is amended by adding after the item re- ITY.—The term ‘international cooperative ‘‘(2) MECHANISMS AND EQUITABILITY.—In lating to section 313 the following new item: activity’ includes— carrying out this section, the Under Sec- ‘‘Sec. 314. Promoting antiterrorism through ‘‘(A) coordinated research projects, joint retary may award grants to and enter into international cooperation pro- research projects, or joint ventures; cooperative agreements or contracts with gram.’’. ‘‘(B) joint studies or technical demonstra- United States governmental organizations, The SPEAKER pro tempore. Pursu- tions; businesses (including small businesses and ant to the rule, the gentleman from ‘‘(C) coordinated field exercises, scientific small and disadvantaged businesses), feder- New York (Mr. KING) and the gen- seminars, conferences, symposia, and work- ally funded research and development cen- shops; ters, institutions of higher education, and tleman from Mississippi (Mr. THOMP- ‘‘(D) training of scientists and engineers; foreign public or private entities. The Under SON) each will control 20 minutes. ‘‘(E) visits and exchanges of scientists, en- Secretary shall ensure that funding and re- The Chair recognizes the gentleman gineers, or other appropriate personnel; sources expended in international coopera- from New York. ‘‘(F) exchanges or sharing of scientific and tive activities will be equitably matched by GENERAL LEAVE technological information; and the foreign partner organization through di- Mr. KING of New York. Mr. Speaker, ‘‘(G) joint use of laboratory facilities and rect funding or funding of complementary I ask unanimous consent that all Mem- equipment. activities, or through provision of staff, fa- bers may have 5 legislative days within ‘‘(b) SCIENCE AND TECHNOLOGY HOMELAND cilities, materials, or equipment. which to revise and extend their re- SECURITY INTERNATIONAL COOPERATIVE PRO- ‘‘(3) LOANS OF EQUIPMENT.—The Under Sec- marks on this legislation, and insert GRAMS OFFICE.— retary may make or accept loans of equip- extraneous material on the bill. ‘‘(1) ESTABLISHMENT.—The Under Secretary ment for research and development and com- shall establish the Science and Technology parative testing purposes. The SPEAKER pro tempore. Is there Homeland Security International Coopera- ‘‘(4) COOPERATION.—The Under Secretary is objection to the request of the gen- tive Programs Office. authorized to conduct international coopera- tleman from New York? ‘‘(2) DIRECTOR.—The Office shall be headed tive activities jointly with other agencies. There was no objection. by a Director, who— ‘‘(5) FOREIGN PARTNERS.—Partners may in- Mr. KING of New York. Mr. Speaker, ‘‘(A) shall be selected by and shall report clude Israel, the United Kingdom, Canada, I yield myself such time as I may con- to the Under Secretary; and Australia, Singapore, and other allies in the sume. ‘‘(B) may be an officer of the Department global war on terrorism, as appropriate. Mr. Speaker, at the outset, let me serving in another position. ‘‘(6) EXOTIC DISEASES.—As part of the inter- thank the gentleman from Mississippi, ‘‘(3) RESPONSIBILITIES.— national cooperative activities authorized in Chairman THOMPSON, for his coopera- ‘‘(A) DEVELOPMENT OF MECHANISMS.—The this section, the Under Secretary, in coordi- tion, not just in the previous Congress Director shall be responsible for developing, nation with the Chief Medical Officer, may in consultation with the Department of facilitate the development of information on putting this legislation together, State, understandings or agreements that sharing and other types of cooperative mech- but also today in his generosity in al- allow and support international cooperative anisms with foreign countries, including na- lowing me to go forward on it. To me, activity in support of homeland security re- tions in Africa, to strengthen American pre- this is typical and symbolic of the bi- search, development, and comparative test- paredness against threats to the Nation’s ag- partisanship which he has brought to ing. ricultural and public health sectors from ex- the committee both as ranking mem- ‘‘(B) PRIORITIES.—The Director shall be re- otic diseases. ber and now as chairman. I thank him sponsible for developing, in coordination ‘‘(d) BUDGET ALLOCATION.—There are au- for that. And more than his personal with the Directorate of Science and Tech- thorized to be appropriated to the Secretary, kindness and generosity, let me also nology, the other components of the Depart- to be derived from amounts otherwise au- ment of Homeland Security, and other Fed- thorized for the Directorate of Science and say that it is so vitally important that eral agencies, strategic priorities for inter- Technology, $25,000,000 for each of the fiscal on issues such as this that there be bi- national cooperative activity in support of years 2008 through 2011 for activities under partisan cooperation working across homeland security research, development, this section. the aisle because all of our lives and comparative testing. ‘‘(e) FOREIGN REIMBURSEMENTS.—Whenever changed on September 11. All of us re- ‘‘(C) ACTIVITIES.—The Director shall facili- the Science and Technology Homeland Secu- alized we had to change the way we did tate the planning, development, and imple- rity International Cooperative Programs Of- business, whether it was creating the mentation of international cooperative ac- fice participates in an international coopera- Department of Homeland Security, tivity to address the strategic priorities de- tive activity with a foreign country on a whether it was creating the law en- veloped under subparagraph (B) through cost-sharing basis, any reimbursements or mechanisms the Under Secretary considers contributions received from that foreign forcement agencies at all levels of gov- appropriate, including grants, cooperative country to meet its share of the project may ernment to cooperate, whether it agreements, or contracts to or with foreign be credited to appropriate current appropria- meant adopting specific legislation on public or private entities, governmental or- tions accounts of the Directorate of Science chemical plants or port security, or ganizations, businesses, federally funded re- and Technology. any of the other areas included within search and development centers, and univer- ‘‘(f) REPORT TO CONGRESS ON INTER- the umbrella of Homeland Security. sities. NATIONAL COOPERATIVE ACTIVITIES.— But it also requires us to establish ‘‘(D) IDENTIFICATION OF PARTNERS.—The Di- ‘‘(1) INITIAL REPORT.—Not later than 180 firmer relationships with our allies, rector shall facilitate the matching of days after the date of enactment of this sec- finding areas of common ground among United States entities engaged in homeland tion, the Under Secretary, acting through us and our allies, and that is what H.R. security research with non-United States en- the Director, shall transmit to the Congress tities engaged in homeland security research a report containing— 884 will do. H.R. 884 is the Promoting so that they may partner in homeland secu- ‘‘(A) a brief description of each partnership Antiterrorism Cooperation through rity research activities. formed under subsection (b)(4), including the Technology and Science Act, PACTS. ‘‘(4) COORDINATION.—The Director shall en- participants, goals, and amount and sources It is an effort by us to have our De- sure that the activities under this subsection of funding; and partment of Homeland Security and

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4706 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 our government work with our allies seeking to fulfill the recommendations name for a great bill and an idea whose and friends around the world to find of the 9/11 Commission. I am very time clearly has come. common ways to confront terrorism, to pleased that they will soon join the The world knows that we changed on use technology to confront terrorism, House in passing this legislation. the morning of September 11, 2001. We and it does that initially by estab- Why is this bill so important? The found ourselves raw, exposed, attacked lishing the International Cooperation answer lies in the nature of the ter- on our own soil, and mourning friends Programs Office within the Science rorist threat. Terrorism is an inter- and loved ones killed that tragic morn- and Technology Directorate of the De- national threat to the democratic way ing. We learned the true nature of Is- partment of Homeland Security. of life. Though we have experienced lamic militants and the extent of their It also authorizes $25 million a year terrible tragedies of our own, terrorist indiscriminate hatred of Americans. in fiscal years 2008, 2009, 2010, and 2011. attacks occur all over the world. But we did not sit by silently, wait- So $25 million for each of the next four Terrorists have attacked buses in ing for another attack. We acted, mold- fiscal years. It specifies by name Great London; hotels in Israel; trains in ing our government into a new secu- Britain, Singapore, Israel, Canada, and Mumbai; embassies in Indonesia; re- rity-focused body, willing and able to Australia as countries that we should sorts in Bali; and schools in Russia. As help protect our citizens. And, Mr. especially work more closely with to the global threat of terrorism is evi- Speaker, we partnered with other coun- exchange technology and research, and dent, so too is the solution to limiting tries in the global war on terror work- to work together on a common effort those attacks. By promoting inter- ing to weed out terrorist cells across at the government level, at the univer- national cooperation, we will defeat the globe and stop them before they sity level, private foundations, to put the efforts of our enemies. Cooperation have a chance to harm anyone else. aside any technical differences that in developing antiterrorism tech- This bill today builds on our partner- may separate us, to try to work nologies should be a top priority. The ship with international allies, directing through any legal impediments there different challenges faced by our the Department of Homeland Security may be to the type of cooperation that friends around the world have resulted to coordinate international research we believe is absolutely essential. in new approaches that the United programs and strategic planning coali- This legislation did pass our com- States should leverage to protect our tions. mittee in the last Congress and passed citizens. H.R. 884 enhances these cooperative the House. Unfortunately, it was International cooperation is nothing tools to improve our interactions with blocked in the Senate. We certainly new for our country. In fact, the United great allies like Israel, Canada, Aus- hope that under the leadership of States has a history of productive sci- tralia, Japan, the United Kingdom, and Chairman THOMPSON it will again pass entific and technical collaborations Singapore. Mr. Speaker, we cannot fight the war the House this year, and hopefully the with Israel, the United Kingdom, Can- on terror alone. We need our inter- Senate will do the right thing this year ada, Australia and others. national partners to stand with us to and we can get this legislation to the The Department of Homeland Secu- stop the murderous terrorist groups President’s desk. rity has participated in some of these The war on terrorism will involve partnerships with foreign governments wherever they spring up. Today’s bill supports and enhances many of us for many years. The more and other entities. these partnerships, and I am very allies and partners and friends we can This legislation will encourage and proud to support it. I urge my col- have working with us, the more we can strengthen those efforts and direct the leagues to do the same. I want to com- share our expertise and technology Department to look for new partners mend the chairman of the committee that make us stronger and make the beyond those we already have. This in- and the ranking member of the com- enemy weaker. cludes working with folks in the small mittee for their great work on this bill. I urge the adoption of H.R. 884 and business community who can bring ex- thank the gentleman from Mississippi citing technologies to the table. b 1515 for his cooperation. I am especially heartened that the Mr. THOMPSON of Mississippi. Mr. Mr. Speaker, I reserve the balance of bill will strengthen the means for pro- Speaker, I yield as much time as he my time. tecting our Nation from exotic dis- may consume to the gentleman from Mr. THOMPSON of Mississippi. Mr. eases. Active collaborations with sci- New Jersey (Mr. PASCRELL). Speaker, I yield myself such time as I entists in Africa, where many of these Mr. PASCRELL. I thank the chair- may consume. diseases originate, should be promoted. man and ranking member. I really Mr. Speaker, I rise today in strong This bill encourages that collabora- commend the work that you have done, support of H.R. 884, Promoting Antiter- tion. both Mr. THOMPSON and Mr. KING, in rorism Cooperation through Tech- Too often, the United States presents this area of reaching across the aisle nology and Science Act, a bill consid- a posture of unilateralism to the world. and not just speaking about it, but ered in one form or another since the I hope that through programs like the doing something about it. 108th Congress. ones authorized in this legislation, we This is a very important piece of leg- There is an old saying we tell school encourage a more cooperative approach islation, H.R. 884. It has been a product children: if at first you don’t succeed, to fighting terrorism. of bipartisan effort and collegial dedi- try, try again. Mr. Speaker, I strongly support H.R. cation by a lot of people on both sides Although these words of encourage- 884. I urge my colleagues to do the of the aisle, the staffs of both sides of ment may have originally applied to same. the aisle, and I am heartened at the the grade school study of algebra or Mr. Speaker, I reserve the balance of process by which the bill has moved Latin, they are equally motivational to my time. forward. those of us serving in the 110th Con- Mr. KING of New York. Mr. Speaker, The commitment of Mr. THOMPSON gress. I yield such time as she may consume and Mr. KING to this vitally important I first raised the idea of this bill in to the gentlewoman from Florida (Ms. legislation has been unwavering, and January of 2005, soon after I became GINNY BROWN-WAITE). the collaboration offered epitomizes the ranking member. I know my Demo- Ms. GINNY BROWN-WAITE of Flor- the very best of what the homeland se- cratic colleagues had pushed for it in ida. Mr. Speaker, I thank the ranking curity can and should be. I was honored the 108th Congress at well. member of the Homeland Security to serve on that committee for 4 years, Well, after years of trying, this Con- Committee. and this is a tremendous achievement gress will succeed in sending this legis- Mr. Speaker, I rise today in strong to see this proposal move forward. lation to the President’s desk. I know support of H.R. 884, the Promoting This legislation will help to ensure the other body will be taking up a Antiterrorism Cooperation through that the Department of Homeland Se- similar provision attached to their bill Technology and Science Act, a long curity works with our allies in the war

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4707 on terror to develop and share the best services are coming from will cooper- between the United States and Israel. homeland security technologies pos- ate with us. We can’t check every ship That was called the Binational Indus- sible, and we will all be better off be- that comes into our ports, but we cer- trial Research and Development Foun- cause of it. tainly could get the cooperation of dation, also known as the BIRD Foun- In fact, it was not that long ago that other countries with state-of-the-art dation. In 29 years, the BIRD Founda- several of us went to Europe, to var- science and technology to do that. tion has invested $225 million in 690 co- ious capitals of Europe, to see what Once again, I commend, and I do not operative research and development they were doing in terms of homeland speak empty or hollow of the work projects mutually beneficial to the security. That proved to be a very pro- that both Mr. THOMPSON and Mr. KING United States and to Israel. ductive trip, and we learned from the did. H.R. 884 will facilitate collaboration Brits and from the Spanish and from Mr. KING of New York. Mr. Speaker, with countries which have extensive the Italians, and they learned from us. first let me tell the gentleman from experience in combating terrorism and This is a true collaboration here. New Jersey that we miss him on the will enable us to benefit and tailor Specifically, H.R. 884 will establish committee. We miss his charm and his their technology solutions to address what we call the Science and Tech- insights and his lively personality and our needs. nology Homeland Security Inter- his dedication. Israel is a country that has developed national Cooperative Programs Office. With that, I yield such time as he successful models to mitigate security Its objective will be to facilitate inter- may consume to the gentleman from threats. Most notably, Israel has pio- national cooperative activities Tennessee (Mr. DAVID DAVIS), a mem- neered efforts and behavioral pattern throughout the Directorate of Science ber of the committee. recognition, also known as BPR. The Mr. DAVID DAVIS of Tennessee. Mr. and Technology within the Department United States has begun adopting BPR Speaker, I rise in support of H.R. 884. I of Homeland Security. at airports and is now training police These international cooperative ac- would like to thank the chairman and and security officers to detect people tivities will be supported through the ranking member for bringing this who are behaving in a suspicious man- important piece of legislation. grants and cooperative agreements, ner. The development and implementa- contracts with the U.S. governmental It is for these reasons that I support tion of technology to combat terrorism organizations, businesses, federally- H.R. 884, and I encourage my col- is critical. The United States and our leagues to do the same. funded research and developmental allies in the war on terror share a com- centers, institutions of higher edu- Mr. THOMPSON of Mississippi. Mr. mon interest in furthering research Speaker, I have no further speakers. I cation, and foreign public and private and development of homeland security- entities. would like to basically thank the gen- related technology. tleman from New York for working This bill seeks to strengthen ongoing As such, this legislation directs the with me on the bill, and I encourage all partnerships, as well as encourage new Department of Homeland Security’s re- ones. As has been mentioned by both Members to vote ‘‘aye’’ for its passage. search and development arm, the I also submit the following exchange the chairman and the ranking member, Science and Technology Division, to of letters for the RECORD. the global war on terrorism is one we coordinate international cooperative have joined with with Israel and the programs with our allies in the war on COMMITTEE ON SCIENCE AND TECHNOLOGY, United Kingdom, Canada, Australia terror to advance this important home- and Singapore and many other coun- Washington, DC, February 26, 2007. land security research. Hon. BENNIE G. THOMPSON, tries. This legislation implements a 9/11 Chairman, Committee on Homeland Security, To be sure, the United States could Commission recommendation that the Washington, DC. greatly benefit from joint inter- United States should engage other Na- DEAR MR. CHAIRMAN, I am writing to you national homeland security develop- tions in developing a comprehensive concerning the jurisdictional interest of the ment programs between the U.S. and coalition strategy against Islamic ex- Committee on Science and Technology in our allies in this war on terror. tremists. H.R. 884, the Promoting Antiterrorism Co- The fact is this: Many of our allies H.R. 884 establishes the Science and operation through Technology and Science have substantial experience dealing Technology Homeland Security Inter- Act. The Committee on Science and Tech- nology has jurisdictional interest in this bill with terror, and by necessity, they national Cooperative Programs Office based on the Committee’s jurisdiction over have become op-eds for counterterror- within the Science and Technology Di- the Department of Homeland Security ism research. vision to promote cooperation between Science and Technology Directorate (‘‘DHS The bill would authorize $25 million entities of the United States and its al- S&T’’) and other DHS research and develop- for international cooperative activities lies to engage in cooperative endeavors ment. [See Rule X(o)(14) which grants the for each of the fiscal years of 2008 to focused on the research, development Committee on Science and Technology juris- 2011. Now, that is not a lot of money and commercialization of high-priority diction over ‘‘Scientific research, develop- when we consider the vast array of ben- technologies directed at countering ment, and demonstration, and projects therefor.’’] efits that such cooperative agreements acts of terrorism and other high con- This bill would amend the Homeland Secu- can produce. sequence events to address the home- rity Act of 2002 to establish a ‘‘Science and Forming these partnerships, Mr. land security needs of Federal, State Technology Homeland Security Inter- Speaker, and working together in a and local governments. national Cooperative Programs Office.’’ All way that will ultimately help secure This bill enables the Science and of the international cooperative activities America is the main objective of the Technology Division within DHS to co- authorized by the bill relate to homeland se- bill, and it should always be the main ordinate with our allies. By encour- curity research (e.g., ‘‘coordinated research objective of this whole body. Passage of aging joint research studies, the shar- projects, joint research projects, or joint ventures;’’ ‘‘joint studies or technical dem- this legislation today shows that the ing of scientific and technological in- onstrations;’’ ‘‘coordinated field exercises, House takes this austere responsibility formation, the training and exchange scientific seminars, conferences, symposia, seriously. of scientists and engineers, as well as and workshops;’’ ‘‘training of scientists and A final point, Mr. Speaker, if I may, the joint use of laboratory equipment engineers;’’ ‘‘visits and exchanges of sci- the point of global strategy was at the and facilities, H.R. 884 further directs entists, engineers, or other appropriate per- center of the 9/11 Commission Report, DHS to collaborate with their strong- sonnel;’’ ‘‘exchanges or sharing of scientific Chapter 12. The Commission made rec- est allies that include Israel, the and technological information;’’ and ‘‘joint ommendations about global strategy. United Kingdom, Canada, Australia, use of laboratory facilities and equipment’’). The kind of partnership and coopera- In addition, the funding for such activities is and Singapore in the development of to be derived from amounts otherwise au- tion at the heart of our port security, homeland security technologies. thorized to DHS S&T. for instance, is determined by how well This legislation is modeled after a The Committee on Science and Technology the other country where goods and partnership created by Congress in 1977 acknowledges the importance of H.R. 884 and

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00065 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4708 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 the need for the legislation to move expedi- any conference committee which is formed want to do more; we want to keep tiously. Therefore, while we have a valid to consider any such provisions either in this going forward on that. claim to jurisdiction over this bill, I agree bill or in any other legislation that includes Again, I thank the chairman for his not to request a sequential referral. This, of this legislation. support and his cooperation, and I urge course, is conditional on our mutual under- Please place this letter into the CONGRES- the adoption of H.R. 884. SIONAL RECORD during consideration of the standing that nothing in this legislation or Ms. JACKSON-LEE of Texas. Mr. Speaker, my decision to forgo a sequential referral measure on the House floor. Thank you for waives, reduces, or otherwise affects the ju- the cooperative spirit in which you have ad- I rise in support of H.R. 884, which establishes risdiction of the Committee on Science and dressed this matter and I look forward to the Science and Technology Homeland Secu- Technology, and that a copy of this letter working with you as H.R. 884 proceeds rity International Cooperative Programs Office. and of your response will be included in the through the legislative process. H.R. 884 is an improved version of a similar Congressional Record when the bill is consid- Cordially, bill, H.R. 4942, passed by the House during ered on the House Floor. TOM LANTOS, the 109th Congress. The purpose of these The Committee on Science and Technology Chairman. minor, non-substantive changes is to align the also expects that you will support our re- House bill more closely with its Senate coun- quest to be conferees during any House-Sen- COMMITTEE ON HOMELAND SECURITY, terpart, S. 1554, which will be considered Washington, DC, February 27, 2007. ate conference on this legislation. when the Senate takes up H.R. 1, which im- Thank you for your attention to this mat- TOM LANTOS, ter. Chairman, Committee on Foreign Affairs, Wash- plements the recommendations of the 9/11 Sincerely, ington, DC. Commission. BART GORDON, DEAR MR. CHAIRMAN: Thank you for your The purpose of H.R. 884 and S. 1554 is to Chairman. recent letter expressing the Committee on establish an office charged with promoting co- Foreign Affairs’ jurisdictional interest in operation between entities of the United COMMITTEE ON HOMELAND SECURITY, H.R. 844, the ‘‘Promoting Antiterrorism Co- States and its allies in the global war on ter- Washington, DC, February 26, 2007. operation through Technology and Science rorism in the areas of research, development, Hon. BART GORDON, Act.’’ and commercialization of high-priority tech- Chairman, Committee on Science and Tech- The Committee on Homeland Security ap- preciates your willingness to work coopera- nologies intended to detect, prevent, respond nology, Washington, DC. to, recover from, and mitigate against acts of DEAR MR. CHAIRMAN: Thank you for your tively on this important legislation. The recent letter expressing the Science and Committee on Homeland Security recognizes terrorism and other high consequence events. Technology Committee’s jurisdictional in- your jurisdictional interest over provisions The bill also addresses the homeland security terest in H.R. 884, the ‘‘Promoting contained in this bill, as amended, and ap- needs of Federal, State, and local govern- Antiterrorism Cooperation through Tech- preciates your agreement not to request a ments. nology and Science Act.’’ The Committee on sequential referral. The Committee on The House bill authorizes $25 million per Homeland Security acknowledges your claim Homeland Security acknowledges that your year for international cooperative activities for to jurisdiction over provisions contained in decision to forgo a sequential referral on this the fiscal years 2008 through 2011 and estab- this bill, as amended, and appreciates your legislation does not waive, reduce or other- lishes an International Cooperative Programs agreement not to request a sequential refer- wise affect the jurisdiction of the Committee Office within the Science and Technology Di- ral. The Committee on Homeland Security on Foreign Affairs. Accordingly, the Com- mittee on Homeland Security will support rectorate of the Department of Homeland Se- understands that nothing in the legislation curity, DHS, headed by a Director. The Direc- or your decision to forgo a sequential refer- your efforts to participate as conferees in ral waives, reduces or otherwise affects the any House-Senate conference on this legisla- tor is responsible for: jurisdiction of the Science and Technology tion or in any other legislation that includes Promoting cooperative research between Committee, and that a copy of this letter this legislation. the U.S. and its allies on homeland security and of our response will be included in the A copy of this letter, together with the let- technologies; CONGRESSIONAL RECORD when the bill is con- ter you sent on this matter will be included Developing strategic priorities for inter- sidered on the House Floor. The Committee in the CONGRESSIONAL RECORD when the bill national cooperative activity and addressing on Homeland Security will also support your is considered on the House floor. them through agreements with foreign entities; request to be conferees during any House- Thank you for your continued cooperation Facilitating the matching of U.S. entities—in- Senate conference on this legislation. and I look forward to working with you as cluding small businesses—engaged in home- Thank you for your cooperation as we H.R. 884 proceeds through the legislative process. land security research with appropriate foreign work toward the enactment of H.R. 884. research partners; Sincerely, Sincerely, BENNIE G. THOMPSON, Ensuring that activities of the office are co- BENNIE G. THOMPSON, ordinated with other relevant research agen- Chairman. Chairman. Mr. Speaker, I yield back the balance cies; and Planning and executing conferences and COMMITTEE ON FOREIGN AFFAIRS, of my time. workshops to improve contact among tech- Washington, DC, February 27, 2007. Mr. KING of New York. Mr. Speaker, nology developers and to help establish direc- BENNIE G. THOMPSON, let me again thank Chairman THOMP- Chairman, Committee on Homeland Security, tion for future technology goals. SON for his efforts and his cooperation Washington, DC. H.R. 884 also establishes a Science and and for his generosity as far as moving DEAR CHAIRMAN THOMPSON: I am writing to Technology Homeland Security International you concerning the bill H.R. 884, the ‘‘Pro- this bill forward, and I, again, thank Cooperative Programs Office to facilitate inter- moting Antiterrorism Cooperation through him for that. I think it speaks volumes national cooperative activities throughout the Technology and Science Act.’’ There are cer- as to the quality of leadership that he Directorate of Science and Technology. tain provisions in the legislation which fall has brought to the committee. The United States currently participates in within the Rule X jurisdiction of the Com- I would also be remiss if I did not similar bilateral programs such as the Bi-Na- mittee on Foreign Affairs, including provi- thank staff on our side, Dr. Diane sions relating to programs that may provide tional Industrial Research and Development— Berry, Colleen O’Keefe and Adam BIRD Foundation—in which the United States appropriated funds to foreign governments Paulson for their work in bringing this and entities. and Israel cooperate on defense-related R&D. In the interest of permitting your Com- together, and again, bring it to fruition The office would conduct similar activities, but mittee to proceed expeditiously to floor con- today. they would be run by the Department of sideration of this important bill, I am will- Also, Mr. Speaker, what we are doing Homeland Security rather than a private foun- ing to waive this Committee’s right to se- today is really a very important con- dation. quential referral on this legislation. I do so tinuation of what our governments and The Director of the Office reports directly to with the understanding that by waiving con- other governments have been trying to the Under Secretary for Science and Tech- sideration of the bill the Committee on For- do. Just several weeks ago, the Sec- nology and is responsible for developing un- eign Affairs does not waive, reduce or other- retary of Homeland Security signed a wise affect any future jurisdictional claim derstandings and agreements that allow and over the subject matters contained in the Memorandum of Understanding with support international cooperative activity in bill which fall within its Rule X jurisdiction. Israel’s minister of public security, support of homeland security research, devel- I request that you support our efforts to again pledging cooperation. This is opment, and comparative testing. The legisla- have Members of this Committee named to codifying that and making clear we tion also makes the Director responsible for

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00066 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4709 developing strategic priorities for international of State is responsible ‘‘for continuous super- rity technologies and share scientific informa- cooperative activity in support of homeland se- vision and general direction’’ of U.S. foreign tion to help prevent terrorist attacks. curity research, development, and comparative assistance; As co-chairman of the bipartisan 9/11 Com- testing. In accordance with section 504 of the For- mission Caucus, I know how important it is to Mr. Speaker, facilitating international coop- eign Relations Authorization Act, fiscal year implement the core recommendations of the 9/ erative activity to address strategic priorities 1979, the Secretary of State shall have pri- 11 Commission and to hold the administration through appropriate mechanisms such as mary responsibility for coordination and over- and relevant Federal agencies accountable to grants, cooperative agreements or contracts sight with respect to all major science or implement them. with foreign public or private entities is another science and technology agreements and ac- Mr. Speaker, I urge the support of this legis- important objective that this legislation pru- tivities between the United States and foreign lation. dently vests in the Director. The Director shall countries; and Mr. LANGEVIN. Mr. Speaker, I join my col- also be mandated to identify and match do- In accordance with the Case-Zablocki Act, leagues today in support of H.R. 884, the mestic entities engaged in homeland security no international agreement may be signed or ‘‘Promoting Antiterrorism Cooperation through research with foreign entities so that they may otherwise concluded without prior consultation Technology and Science Act.’’ While touring the northeast United States in partner in homeland security research activi- by the Secretary of State. 1955, President Eisenhower spoke of the im- ties. While I do not believe that H.R. 844 is in- portance of international diplomacy and co- Finally, the Director is obligated to work to- consistent with coordination with the Secretary operation to solve the rising problems posed ward bringing about the coordination of the of State or with these authorities and require- by communism in the Far East. It was Eisen- Department’s international cooperative activi- ments, I look forward to working with the gen- ties with the activities of other relevant re- hower who said ‘‘Only strength can cooperate. tleman from Mississippi and gentleman from Weakness can only beg.’’ Just as Eisenhower search agencies and to holding international New York as H.R. 844 moves forward on leg- homeland security technology workshops and envisioned the role of international cooperation islative language to provide for a specific role to address the communist threat in the 20th conferences. These international cooperative for the Secretary of State in this process and activities are to be supported through grants, century, so too must we solicit international to reflect these existing authorities. And I ap- cooperation to solve the terrorism threat in the cooperative agreements, or contracts with preciate the gentlemen’s willingness to work Federal governmental organizations, busi- 21st century. with me on these issues. The United States must embrace the con- nesses—including small businesses, federally Mrs. CHRISTENSEN. Mr. Speaker, I rise in cept of bilateral cooperation in order to win the funded research and development centers, in- support of H.R. 884 to establish a Science war on terrorism, and I believe that this bill is stitutions of higher education, and foreign and and Technology Homeland Security Inter- an important step in that direction. H.R. 884 private entities. national Cooperative Programs Office. In an will establish a Science and Technology Mr. Speaker, this bill would encourage equal ongoing effort to promote effective methods of partnership by requiring that the foreign part- Homeland Security International Cooperative addressing antiterrorism, this legislation would Programs Office to facilitate international co- ner equitably match U.S. funding expended establish a Science Technology Homeland Se- operative activities throughout the Directorate through direct funding or funding of com- curity International Cooperative Programs Of- of Science and Technology. plementary activities, or through provision of fice to facilitate international cooperative activi- This legislation does not seek to duplicate staff, facilities, material, or equipment. It ties throughout the Directorate of Science and other efforts underway. Rather, it will strength- strengthens ongoing partnerships and encour- Technology. en ongoing partnerships with homeland secu- ages new ones. Terrorism is no longer confined to one coun- rity allies such as Israel, the United Kingdom, In addition, partnerships are encouraged try. It is now a threat to international security. Canada, Australia, and Singapore, while en- with the nations of Africa to facilitate the de- The means, missions and motives of terrorism couraging new ones. The United States cur- velopment of information sharing and other have changed, forcing the counter-terrorism rently participates in similar bilateral programs types of collaboration to strengthen American community to react accordingly. Our strategies such as the Binational Industrial Research and preparedness against threats to our Nation’s Development, or BIRD foundation, in which agricultural sector and public health from ex- and implementations, in order to be more ef- fective, need to be global. The most disturbing the United States and Israel cooperate on de- otic diseases. fense-related R&D. The office would conduct Mr. Speaker, I strongly support H.R. 884 developments have been a growing partner- similar activities, but would be run by the De- and urge my colleagues to do so as well. ship in organized crime between countries. As partment of Homeland Security rather than a Mr. LANTOS. Mr. Speaker, I rise in strong a result, and since the 9/11 attacks, the inter- national community has focused on the issue private foundation. support of H.R. 884, and I commend the gen- This office within the Department of Home- tlemen from New York and Mississippi for of terrorism with renewed intensity. Gathering, coordinating and sharing of information among land Security will foster partnerships with for- moving this legislation forward. eign governments and businesses by requiring In the war on terrorists, we are often racing the international community is a critical effort that the foreign partner equitably match U.S. against our enemies as they develop new to prevent and combat terrorism. H.R. 884 funding expended through direct funding or threats and we develop new countermeasures. creates this opportunity by facilitating inter- national cooperative activity that encourages funding of complementary activities, or through This has been true throughout the history of provision of staff, facilities, material, or equip- warfare and it remains true today, whether we international partnerships in the fight against terrorism. ment. are talking about improvised explosive de- This country has a proud history of recog- Mr. Speaker, it is important that we join our vices, shoe bombs, or attacks using chlorine nizing the value of and promoting international allies on and off the battlefield. Terrorism is a gas. cooperation, particularly in the field of tech- global phenomenon that requires a coordi- In this competition to combat new threats, nology. I am pleased to be an original cospon- nated global response. H.R. 884 provides a cooperation on science and technology with sor of this bipartisan legislation, and encour- global response to terrorism. This legislation our allies is a key force multiplier, and I com- age my colleagues to support H.R. 884. mend the gentlemen for moving forward with was passed in the House during the 109th Mr. KING of New York. Mr. Speaker, this legislation. Congress and I urge my colleagues to support I yield back the balance of my time. But we have to make sure that these coop- it again. The SPEAKER pro tempore. The erative programs are properly coordinated and Mr. SHAYS. Mr. Speaker, as a cosponsor of question is on the motion offered by consistent with existing programs and law. I H.R. 884, the PACTS Act, I am pleased we the gentleman from New York (Mr. believe that before the Department of Home- are moving quickly and considering this legis- KING) that the House suspend the rules land Security initiates a new program, the lation, which implements a key 9/11 Commis- and pass the bill, H.R. 884. Secretary of State should be in full agreement sion recommendation that ‘‘the United States The question was taken. with the proposed cooperation to ensure that should engage other nations in developing a The SPEAKER pro tempore. In the there is no duplication of efforts with State De- comprehensive coalition strategy against opinion of the Chair, two-thirds being partment anti-terrorism efforts. In addition, this Islamist terrorism.’’ in the affirmative, the ayes have it. new framework should recognize that: The bill enables the Department of Home- Mr. THOMPSON of Mississippi. Mr. In accordance with section 622(c) of the land Security to join forces with our closest Speaker, on that I demand the yeas Foreign Assistance Act of 1961, the Secretary international allies to develop homeland secu- and nays.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4710 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 The yeas and nays were ordered. Whereas, after her diagnosis with esopha- 3,000 appointments, 46 percent were fe- The SPEAKER pro tempore. Pursu- geal cancer, Richards inspired all of us with male, 15 percent were African Amer- ant to clause 8 of rule XX and the her determination to win against all the ican, 20 percent were Hispanic and 2 Chair’s prior announcement, further odds, and her fearless battle until the very percent were Asian Americans. Among proceedings on this question will be last day in her beloved Austin, Texas; Whereas her sense of humor, delivery, and Governor Richards’ appointment of postponed. understanding of Texas’s ‘‘old boy’’ politics firsts are: the first African American f was legendary, charming, and disarming; and to the University of Texas regent; the RECOGNIZING ANN RICHARDS’ EX- Whereas Governor Dorothy Ann Willis first crime victim to join the State TRAORDINARY CONTRIBUTIONS Richards was an American original, an irre- criminal justice board; the first dis- placeable public servant, a patriot who loved TO TEXAS AND AMERICAN PUB- abled person to serve on human serv- the Nation and its expansive land, ideas, and ices board; and the first teacher to lead LIC LIFE the Constitution: Now, therefore, be it Resolved, That the House of Representa- the State board of education. During Mr. DAVIS of Illinois. Mr. Speaker, I her tenure, she oversaw the fabled move to suspend the rules and agree to tives recognizes and commends Ann Rich- Texas Rangers pin stars on their first the resolution (H. Res. 42) recognizing ards’ extraordinary contributions to Texas African American and female officers. Ann Richards’ extraordinary contribu- and American public life. Richards implemented an economic tions to Texas and American public The SPEAKER pro tempore. Pursu- revitalization program to address the life. ant to the rule, the gentleman from Il- The Clerk read as follows: linois (Mr. DAVIS) and the gentleman Texas economy that was in a slump since the mid-1980s, compounded by a H. RES. 42 from Connecticut (Mr. SHAYS) each will downturn in the U.S. economy. Her Whereas Dorothy Ann Willis Richards, the control 20 minutes. First Lady of Texas politics, an American The Chair recognizes the gentleman policy initiatives yielded a 2 percent icon and patriot, who touched the lives of from Illinois. growth in 1991 for the Texas economy, Texans and Americans across the Nation, GENERAL LEAVE while the U.S. economy as a whole passed away September 13, 2006, after a val- Mr. DAVIS of Illinois. Mr. Speaker, I shrank. iant fight with esophageal cancer; ask unanimous consent that all Mem- Ann Richards reformed the Texas Whereas her political philosophy was one bers may have 5 legislative days in prison system by establishing a sub- of government openness and she was a force- which to revise and extend their re- stance abuse program for inmates in ful champion for economic and social justice prison and reduced the number of vio- for all Americans, opening Texas govern- marks. ment to all Texans, including African Ameri- The SPEAKER pro tempore. Is there lent offenders released back into soci- cans, Hispanics, women, and the disadvan- objection to the request of the gen- ety. She was a supporter of proposals taged; tleman from Illinois? to reduce the sale of semiautomatic Whereas, before her service ended, of her There was no objection. firearms and cop killer bullets in the nearly 3,000 appointments, 46 percent were Mr. DAVIS of Illinois. Mr. Speaker, I State. female, 15 percent were black, 20 percent yield myself such time as I might con- b 1530 were Hispanic and 2 percent were Asian sume. American; Mr. Speaker, at the memorial service She vetoed legislation that would Whereas her service to Texas and the Na- of Ann Richards, the former mayor of allow people to carry concealed hand- tion included teaching Texas schoolchildren, Dallas, Texas, Ron Kirk, the mayor’s guns and automatic weapons inside serving as County Commissioner in Travis public establishments without the own- County, serving 2 terms as Texas State lifelong friend said, ‘‘Ann Richards was Treasurer, and finally serving as the Gov- as fierce a warrior and advocate for er’s permission. Some political ana- ernor of Texas; justice as any public servant I’ve ever lysts believe that this veto cost her her Whereas Richards raised 4 incredible chil- known. She embraced every person she reelection bid for Governor in 1994. dren, and 8 ‘‘almost perfect’’ grandchildren met, no matter their station in life, Richards lost her reelection bid to and touched the lives of countless friends with dignity, and love, and compas- George W. Bush. After her unsuccessful throughout her life; sion.’’ bid for reelection, someone asked her, Whereas Governor Richards revitalized the The former Governor of Texas was a ‘‘What would you have done differently Texas economy, yielding 2 percent growth if you knew you would be a one-term when the United States economy was shrink- witty, flamboyant and outspoken ing; she streamlined Texas’s government and homemaker who captured the hearts Governor?’’ Richards grinned and said, regulatory institutions for business and the and minds of the people of Texas, as ‘‘Oh, I would probably have raised more public; she revitalized and positioned Texas’s well as the Nation. She burst into na- hell.’’ corporate infrastructure for the explosive tional prominence as a keynote speak- Mr. Speaker, I urge all my colleagues economic growth it experienced later in the er to the 1988 Democratic National to support this resolution. decade, and she saved Texas taxpayers more Convention when she uttered the fa- Mr. Speaker, I reserve the balance of than $6 billion; mous line about the wealthy, then-Vice my time. Whereas Richards reformed the Texas pris- Mr. SHAYS. Mr. Speaker, I yield my- on system by establishing a substance abuse President George H.W. Bush, and she program for inmates, reducing the number of said, ‘‘Poor George, he can’t help it; he self such time as I may consume. violent offenders released, and increasing was born with a silver foot in his Mr. Speaker, I rise today to join my prison space to deal with a growing prison mouth.’’ The speech set the tone for fellow Members of Congress in recog- population; her political future as the first woman nizing Dorothy Ann Willis Richards’ Whereas Richards instituted the Texas lot- elected to treasurer, a statewide office, really extraordinary contribution to tery to supplement school finances and she in Texas in 50 years. Texas and to American public life. sought to decentralize control over edu- In 1990, Ann Richards won the Demo- A steadfast political activist who cation policy to districts and individual first entered the political arena as a campuses, instituting site-based manage- cratic gubernatorial nomination ment; against attorney general and former student at the University of Texas, Whereas Richards inspired an entire gen- Congressman Jim Mattox and former Ann Richards rose through the polit- eration of young women, admonishing them Governor Mark White. Her Republican ical ranks first as a volunteer in State with the words ‘‘well-behaved women rarely opponent was multimillionaire rancher and local political campaigns and ulti- make history’’; Clayton Williams, Jr. The campaign mately to a national figure. Whereas, in 1989, with co-author Peter between the two was brutal, but Rich- A feminist icon, Ann Richards first Knobler, she wrote her autobiography ards prevailed in the election on No- came to national attention to many as ‘‘Straight from the Heart’’, inspiring Texans the Texas State treasurer, when she de- with her personal story and folksy humor; vember 6, 1990, by a margin of 49–47 per- Whereas, in 2004, she authored ‘‘I’m Not cent. livered the keynote address at the 1988 Slowing Down, Winning My Battle with As Governor, Ann Richards wanted a National Democratic Convention. Serv- Osteoporosis’’ and became an international more inclusive Texas. She called it the ing as the Governor of Texas from 1991 spokesperson for women battling the disease; ‘‘New Texas,’’ where she made nearly to 1995, Governor Richards was widely

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4711 acknowledged as an inspirational na- Mr. Speaker, I reserve the balance of Ms. EDDIE BERNICE JOHNSON of tional leader, civil rights advocate, and my time. Texas. Mr. Speaker, I rise today to pay role model. Her political philosophy Mr. DAVIS of Illinois. Mr. Speaker, tribute to the legacy of an exceptional was one of government openness and it is now my pleasure to yield 3 min- public servant, the late Governor Ann was noted for her unprecedented ap- utes to the distinguished gentleman Richards. pointments of women and minorities to from Texas and the author of this leg- When Governor Richards passed away important positions. islation, Representative SOLOMON in September, I not only lost an es- Throughout her life, Governor Rich- ORTIZ. teemed colleague, but a dear and trust- ards had a particular interest in social Mr. ORTIZ. Mr. Speaker, today we ed friend. I am proud to say that our interests such as advancing women’s are here to pay tribute to the life of friendship endured for more than 40 rights and equality for all groups and the late Governor of Texas, Dorothy years. individuals. She believed, if given a Ann Willis Richards. And I want to First, we are from the same home- chance, all women could perform as thank Chairman WAXMAN, the majority town. But I didn’t meet her there, I well or better than men, and I would leader, and my good friend, DANNY met her in Dallas, Texas when she lived emphasize she probably thought better DAVIS, for bringing this bill to the there in the 1960s. And then she moved than men. She once offered a memo- floor, and my colleagues for taking to Austin, and the first thing that she rable salute to the achievements of time from their busy schedule to do did, she always helped in everybody’s women by reminding her audience, and what we are doing today. campaign, but the first thing she did in I love this quote, ‘‘Ginger Rogers did America and the State of Texas both Austin was manage Sarah Wedding- everything that Fred Astaire did. She suffered a great loss on September 13, ton’s campaign for the Texas House, just did it backwards and in high 2006, when Ann Richards met our and we won at the same time. Sarah heels.’’ Maker after a brave struggle with can- Weddington is the young lawyer that Always willing to use her upbringing cer. defended Rowe v. Wade before the Su- Growing up as the son of migrant as an example for others, she once said preme Court. workers in segregated South Texas, I that, ‘‘Where I grew up, there wasn’t As women in politics, and especially was painfully aware of the power dy- much tolerance for self-importance, Ann, we shared some of the same views namics in place that placed those of people who put on airs,’’ and she lived and many of the same colleagues, and I privilege high above the working poor. did encourage her that she had come to by that philosophy. Ann Richards sought to turn that tide During her tenure as Governor, she her time that she can maybe serve in around. During her service as Governor not only expanded the State’s eco- elective office herself. And we knew of Texas, she appointed more females nomic base through a program for eco- that Texans were not that supportive and minorities than any Governor by of women running for office, but she nomic revitalization, but created one far. ran for the County Commissioner’s of the most inclusive and representa- It was Ann’s spunk and her dedica- Court and won. tive governments in the history of tion to the people of our beloved State, She was not afraid to be herself, and Texas. all the people, that earned her love and she really listened to people and she Soon after becoming Governor, she admiration of millions of Americans. was supportive of people. Her inde- sought government efficiency by au- Following her philosophy of life in pendent spirit and charm not only won thorizing comprehensive audits of public service, ‘‘well-behaved women her votes, but it really generated a every State agency, that ultimately rarely make history,’’ Ann’s charm and great deal of respect. And she often saved the taxpayers of Texas report- passion for life propelled her far in the used humor to get her point across, but edly $6 billion. history books. she did get her point across. People re- As a result of her interest in law en- A lifelong public servant, Ann began spected her, and they knew that she forcement and her own personal battles her career as a Texas school teacher. would work hard on their behalf and with alcoholism, Governor Richards re- She later served in Austin as Travis there was never a question about that. formed the Texas prison system by es- County Commissioner and Texas State She took pride in her accomplish- tablishing a substance abuse program Treasurer prior to being elected State ments as Governor. First she won as for inmates, decreasing the number of Governor in a historic campaign. Treasurer, and I had the pleasure of violent offenders released, and increas- During her entire public service ca- running her campaign in Dallas County ing prison space. reer, Ann remained a teacher, teaching during that time. But when she won as Governor Richards was always tire- Texans that the advantage of working Governor, it was a very male-domi- less in her efforts on behalf of children together benefited the economy of our nated situation, and she right away ap- and education. While Governor, she in- State. Even today she still teaches us. pointed more women and minorities to stituted the Texas lottery as a means Ann Richards is remembered today important boards than anyone else of supplementing school funding. and always not only for her accom- ever had done in history. After leaving office, in her final year plishments, but also for the way she For the first time there were women of life, the Austin Independent School carried them out. Her disarming wit and minorities on the board of regents District announced, ‘‘The Ann Rich- and wisdom won opponents time and of Texas universities all over the State ards School For Young Women Lead- time again. Her big as Texas hair, and many other women positions that ers.’’ Opening in the fall of 2007, this in- hearty laugh, piercing blue eyes, and was on the medical examiners board. stitution will serve as a college pre- smiling face are unforgettable. She was Those medical examiners didn’t know paratory school for girls in grades 6 one of those people you just couldn’t what had taken place. But she was not through 12. The curriculum will focus help but like, and today I am so happy afraid to do it. on math, science, and technology. This that they gave us time to honor a great She utilized the latest technology as initiative is one of many lasting trib- American, a great Governor, and a Texas Treasurer. When she came into utes to Governor Richards’ all-encom- great friend, Ann Richards. office there was a big deficit, and she passing devotion to the citizens of Mr. SHAYS. Mr. Speaker, I reserve hired a consultant to come down and Texas. the balance of my time. help, and that consultant was Franklin Sadly, Ann Richards passed away Mr. DAVIS of Illinois. Mr. Speaker, Raines. That is when I first met him. from cancer on September 16, 2006. She it is my pleasure to yield 3 minutes to We did so much together. And when was 73 years old, leaving behind a leg- the gentlewoman from Texas with she was in office and was able to see acy of political achievement and a whom I had the good fortune to spend how to get through those many prob- record of championing equality and Saturday with at Paul Quinn College lems, she earned the support of the justice. where we were discussing the issues re- business community, which was mostly I ask all Members to join by sup- lated to African American males, Rep- white men of course. Ann broke her porting this resolution. resentative EDDIE BERNICE JOHNSON. way from the mold.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00069 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4712 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 I rise today to pay tribute to the legacy of an lution honoring our friend, Ann Rich- the gentleman from Texas (Mr. exceptional public servant, the late Governor ards. LAMPSON). Ann Richards. Despite the great sense of loss that Mr. LAMPSON. Mr. Speaker, I am When Governor Richards passed away in so many of us continue to feel, I must proud to have been able to call Ann September, I not only lost an esteemed col- say that the wonderful gathering that Richards a friend of mine and of my league, but a dear and trusted friend. we had last year in Austin for Ann family. Just like she inspired millions I’m proud to say that our friendship endured Richards was about the most joyous of young women in Texas and across for more than 40 years. memorial service that I have ever par- this Nation, she inspired my oldest I first met Ann Richards in the sixties when ticipated in. There was so much to cel- daughter, Hillary, who I often took she lived in Dallas and was running for Travis ebrate about this person, about this along with me to meetings in Austin. County Commissioner. life. At one meeting with the Governor, As women in politics, Ann and I shared Ann came to Austin in the 1970s. She Hillary pulled out this yellowed copy of many of the same views and also many of the was a true life force. She became our Ann’s keynote address to the 1988 same challenges. County Commissioner and our State Democratic National Convention and Texas in the 1970’s wasn’t very supportive Treasurer before becoming Governor. proceeded to quote lines back to her. of women running for political office, so you And during most of my tenure in Con- Hillary’s favorite line from that speech really had to earn each and every vote. gress, I had the good fortune to have was one that Ann had popularized in Ann wasn’t afraid to be herself, and she her as a next-door neighbor. her famously wry tone: ‘‘Ginger Rogers compelled people to listen to her. She had a quick wit, but she also had did everything that Fred Astaire did. Her independent spirit and charm not only a very warm smile. And it was her She just did it backwards and in high won her votes, but it garnered respect. smile, her warmth, and her sense of heels.’’ To me, that line epitomizes People respected her, and they knew that humor that could win over even the Ann Richards: skillful, determined, and she would work hard on their behalf. most ardent foe. equal to any man’s task. Ann took pride in her accomplishments in She believed in straight talk. Her She was a woman in what had been a the male dominated Texas politics. She had candor about her personal life enabled man’s rough and tumble world of Texas hoped that her success may serve as inspira- her to tell hard truths in her political politics, but she never let anything or tion to young women. life. And in her waning months, she anyone hold her back. She believed She certainly served as inspiration to me. faced her battle with cancer with the education was the great equalizer. She In 1982 Ann successfully ran for Texas same fighting spirit and the same sense believed redemption was possible, and State Treasurer. of humor that defined her life. she believed that a woman’s place was As State Treasurer she utilized the latest I think that there are two places not in the dome. She aimed to create a new technology to transform the Texas Treasury often the focus of reflecting on Ann Texas; and when she broke through into a modern operation. Richards’ life where her effect is par- that glass ceiling, she reached her hand Along the way, Ann earned the respect of ticularly notable. One is in our schools. out to pull women, minorities, and the the business community who appreciated her Until January, I represented Ann Rich- disadvantaged up with her. foresight and vision. Like the yellow rose of Texas, Ann In 1990 Ann became the first woman Gov- ards Middle School in La Joya, Texas. was a beautiful and classic lady. She ernor of Texas elected in her own right. I could see how those young people could also be thorny, though. She told Ann broke away from the mold of previous from a poor economic area were en- you exactly what you needed to hear, Governors. She wasn’t afraid to shake things riched by their contact with Ann Rich- using wit and candor to make her up and speak her mind. ards and the inspiration that she pro- In her tenure as Governor she was adamant vided them with her continued partici- point. Her presence and her laughter about appointing minorities on state boards pation long after she completed her could fill a room, even if all you could and commissions. tenure as Governor. And, now in Aus- see was that big white hairdo peeking Ann wanted the Texas Government to re- tin, we are starting the Ann Richards above the crowd. flect the diversity and culture of the people of School For Young Women. Its purpose Dorothy Ann Willis Richards is a the State. is one that Ann devoted much of her Texas giant, and I am proud that my Ann was a hands-on Governor, and she personal life to—inspiring and serving daughters grew up knowing such a didn’t let much get by her. as a mentor for young women. And strong, independent, and caring She did her best to eliminate inefficiency now, in this school, many middle woman. and waste within the government. school girls will find that they too can I want to leave you with some words She demanded that the Texas government fulfill their dreams and fully partici- from Ann, words that all of us here fully serve the people, and she did everything pate in all sectors of our society. today should take to heart. She said: ‘‘The public doesn’t like in her power to realize that. b 1545 She had a strong will for justice and fairness you to mislead or represent yourself to for all. A former teacher, Ann knew what a be something you’re not . . . They Governor Richards was one of the finest of difference quality public education don’t ask their public officials to be Texans that I’ve ever known. could make in the lives of young perfect. They just ask them to be She dedicated herself to the State and the women and young men, and these insti- smart, truthful, honest, and to show a people of Texas. tutions serve to remind us of what she modicum of good sense.’’ She broke down barriers for women, and accomplished. Ann, we’ll miss you. made us believe that anything was possible. But the second place is with her fam- Mr. SHAYS. Mr. Speaker, I yield 5 She was truly an original, and her absence ily. She has two daughters, two sons, minutes to the gentleman from Texas is immensely felt. who are active participants in the life (Mr. BURGESS). The recognition she is receiving today is of our community and of our country. Mr. BURGESS. I thank the gen- very well deserved. I think that they speak volumes about tleman for yielding. Her many contributions to the State of the kind of mother and the kind of Mr. Speaker, it will come as no great Texas and to America will not be forgotten. family person that Ann Richards is, surprise that on any issue of policy Mr. DAVIS of Illinois. Mr. Speaker, and they continue to live the legacy Ann Richards and I were probably 180 it is my pleasure now to yield 3 min- that she established. degrees out of phase; but last year, utes to an individual who had the good She set high standards and inspired when she received her diagnosis, I sent fortune to be a close neighbor of Gov- countless Americans to do the same. her a little note telling her that we ernor Richards, Representative LLOYD Her loss means that all of us who share were thinking about her and praying DOGGETT of Texas. her values must redouble our efforts. for her. She sent me a little note back, Mr. DOGGETT. I thank the gen- Mr. DAVIS of Illinois. Mr. Speaker, and I wanted to share that with the tleman and my colleagues for this reso- it is my pleasure to yield 2 minutes to House today.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4713 She said: ‘‘Thank you for being so Then she took on a real tough ques- presentation about her grandmother, thoughtful. tion that some people feel caused her from which we all drew strength and ‘‘For someone who has cancer, I’m in to lose an election, but she probably inspiration about this woman, a true, great shape. Patience has never been knew the risk that she was taking, be- true pioneer. Ann Richards will be re- my long suit, but I am learning. I am cause it had to do with the right of in- membered for her devastating wit and in my third week of treatment and am dividuals to keep and bear arms, deal- gigantic heart, which led her to make taking it one day at a time. The M.D. ing with semiautomatic weapons that real and lasting improvements for all Anderson Hospital is fabulous. It’s a the normal average person wouldn’t Americans. whole lot like ‘Star Wars’ with more necessarily carry. From health care, to education, to interesting machines than Buck Rogers I mean, you wouldn’t walk around, opening the doors of government to all, ever imagined. even if you wanted to go hunting, with Ann Richards was one of our Nation’s ‘‘Thanks a lot for thinking of me and a semiautomatic weapon to shoot rab- most fierce champions for expanding praying for me. With all that energy bits or deer or whatever it is that you opportunity. Just as Ann was an advo- directed toward my recovery, how can would shoot, although I have never be- cate for all of America’s children, she we miss?’’ lieved in shooting that many things was particularly proud of her own. Mr. Speaker, there wasn’t much that any way, unless they were shooting Ann’s daughter Cecile Richards was an Ann Richards and I did agree on, but back. Therefore, I was never much of a essential member of my team when I we both agreed on our love for Texas, hunter, because the animals didn’t became leader and has since become and we both agreed we only wanted the have anything to shoot back with. President of Planned Parenthood of best for our State. Texas is proud to That was about the only way that I America. I know Ann was equally have had a Governor like Ann Rich- would see myself shooting at them. proud of her three children, Daniel, ards. Although oftentimes we were on But she knew the great political risk Clark and Ellen, and her eight grand- opposite sides of the issue, she will be that she was taking, and not with- children, I mentioned Lily. She was missed in my home State of Texas. standing that risk, held to her guns, proud of all of them. Mr. DAVIS of Illinois. Mr. Speaker, held to her position, did not waver, did I hope it is a comfort to her entire may I inquire as to how much time I not back up. That is what real leaders family that so many people here in the have left. are made of. They don’t take positions Congress, indeed in the country, re- The SPEAKER pro tempore. The gen- just to get elected or just to be in of- member Ann with great enthusiasm tleman from Illinois has 51⁄2 minutes. fice. But they take them based upon and are grateful for her leadership. She The gentleman from Connecticut has 15 principles upon which they believe, has been gone a number of months minutes. ideas and ideology that govern their now, but it is a loss that we sorely feel. Mr. SHAYS. Mr. Speaker, I would lives. It is a memory that we greatly cherish ask unanimous consent to transfer 10 That was the kind of woman that of a great woman, a leader in our coun- minutes over to my colleague, if there Ann Richards was, and that is why I try, and a person. is need to use that time. think she was able to mean so much to As I say to all of us in Congress or in The SPEAKER pro tempore. Is there so many people, not only in Texas; but elective office, all of us owe Ann Rich- objection to the request of the gen- she was a great advancement for the ards a great debt of gratitude. She is tleman from Connecticut? women’s movement, for enticing more the gold standard for statesmanship, There was no objection. women to run for public office, and, of man or woman. Again, we are espe- Mr. DAVIS of Illinois. I want to course, to be elected to public office, cially proud of the leadership she pro- thank the gentleman from Con- and to reach another level of equity, vided as a woman leader in our coun- necticut. another level of having arrived at a try. Mr. Speaker, I yield myself such time point in history where a woman, a lit- Mr. DAVIS of Illinois. I want to as I might consume. tle girl growing up, can believe that thank the distinguished Speaker for Mr. Speaker, all of us come in con- she has the possibility of moving not her remarks. tact with individuals who have a way only to Governor of the State of Texas, Mr. SHAYS. Mr. Speaker, all Mem- to connect one way or another. Some- but to Speaker of the House of the bers on this side of the aisle have a tre- times it is from near, and sometimes it United States House of Representa- mendous appreciation for this great is from afar. I shall never forget the tives. lady, and we are happy to honor her speech that Governor Richards made at Mr. Speaker, it is my pleasure to and are grateful the House is, in fact, the Democratic convention in 1988. You yield such time as she might consume honoring her. know, speeches are things that you to our distinguished Speaker, NANCY Ms. JACKSON-LEE of Texas. Mr. Speaker, hear a lot of when you are involved in PELOSI. I rise in proud support, and as an original co- public activity and public office, and Ms. PELOSI. Thank you very much, sponsor of H. Res. 42. This resolution is of- you don’t always look for anything Congressman DAVIS, and thank you for fered by the Texas Democratic Delegation in special when you see another one com- bringing this opportunity to the fore the House, chaired by Congressman ORTIZ, ing. I mean, sometimes, it is another for us to sing the praises of the great and recognizes the extraordinary contributions speech. Governor of Texas, Ann Richards. I am of Ann Richards to public life in Texas and the But the amount of wit and charm proud to join you today, Mr. DAVIS, in United States. It is both fitting and proper that that Ann Richards had and her ability honor of Ann Richards, a true pioneer the People’s House pay this tribute to a pio- to convey it in such a way that she and one of Texas’ great daughters. neering and path breaking woman who de- could make a humorous point that was Ann Richards expanded the realm of voted her life to serving the people. not always so humorous, but you still what is possible for women. As she Mr. Speaker, this happy moment stands in got the humor out of it, and whoever it loved to say: ‘‘A woman’s place is in stark contrast to that sorrowful morning of was directed to and at didn’t nec- the dome.’’ She is certainly smiling September 14, 2006, when I informed the essarily view it as being offensive, she down on us today. As more women than House from this podium of my sad duty to re- had the ability to do that. ever rise to elective office, we owe a port that an American original and the First We have heard speaker after speaker great debt to Ann Richards for helping Lady of Texas politics, the great Ann Rich- talk about the fact that she appointed to blaze the trail. ards, had lost her long and valiant battle with this large number of individuals to So important was she to the women throat cancer. boards and commissions and made re- in Congress who serve here now, as part Mr. Speaker, Dorothy Ann Willis Richards gents out of people and gave them posi- of my swearing-in festivities, I had a began her career in politics in the early 1970s tions that people just didn’t sort of ex- tea honoring Ann Richards in which we after having raised four children. A Democrat, pect, because it had not been done be- reviewed a film of her life in which her she served as County Commissioner in Travis fore. beautiful granddaughter, Lily, made a County, Texas from 1977 to 1982. Richards

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00071 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4714 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 was elected to the first of two terms as Texas Her efforts helped to revitalize and position In 1990, Ann ran for governor and promised State Treasurer in 1982. We who knew and Texas’s corporate infrastructure for the explo- to increase the role of minorities and women loved her will remember her always as a sive economic growth it experienced later in in state government as part of her plan for a forcefully articulate and an amusingly folksy the decade. Her audits on the state bureauc- ‘‘New Texas.’’ When Governor Richards was speaker. She first gained national prominence racy saved Texas taxpayers more than $6 bil- elected she made it a priority as governor to with her keynote address at the 1988 Demo- lion. appoint more women and minorities to state cratic National Convention. In 1990 she was Governor Richards reformed the Texas pris- boards and commissions and followed through elected governor of Texas, the first woman on system, establishing a substance abuse on her promise. chief executive of Texas in more than fifty program for inmates, reducing the number of During her tenure, Governor Richards had years. violent offenders released, and increasing pris- many accomplishments including revitalizing Dorothy Ann Willis was born in Lakeview, on space to deal with a growing prison popu- the Texas economy, reforming the prison sys- Texas. She grew up in Waco, Texas, and lation (from less than 60,000 in 1992 to more tem, and instituting the state lottery. Once she graduated from Waco High School in 1950, than 80,000 in 1994). She backed proposals left public office, Ann continued to be an inspi- participating in Girls State. She received a to reduce the sale of semi-automatic firearms ration to us all when she bravely battled bachelor’s degree from Baylor University while and ‘‘cop-killer’’ bullets in the state. osteoporosis and esophageal cancer. on a debate scholarship. She married her high The Texas Lottery was also instituted during Ann wasn’t only the governor of one of the school sweetheart, David Richards, and her governorship—advocated as a means of greatest states in America, but she was one of moved to Austin, Texas, where she earned a supplementing school finances; Ann Richards America’s greatest governors in terms of her teaching certificate from the University of purchased the first lotto ticket on May 29, personality, sense of humor, and trailblazing Texas at Austin. 1992. However, most of the income from the accomplishments. Governor Richards was the After graduation, she taught social studies lottery went into the state’s general fund rather First Lady of Texas politics and her extraor- and history at Fulmore Junior High School in than specifically to education, until 1997, when dinary accomplishments make her not only a Austin, Texas from 1955 to 1956. She had all lottery net revenue was redirected to the Texas hero, but also an American hero. also two daughters and two sons in the fol- state’s Foundation School Fund, which sup- Mr. HINOJOSA. Mr. Speaker, I rise in sup- lowing years, and she campaigned for Texas ports public education. School finance re- port of H. Res. 42 offered by my colleague liberals and progressives such as Henry B. mained one of the key issues of her governor- and neighbor Congressman SOLOMON ORTIZ. Gonzalez, Ralph Yarborough, and Sarah ship and of those succeeding hers; the fa- Governor Ann Richards was a woman of in- Weddington. One of her daughters, Cecile mous Robin Hood plan was launched in the comparable spirit, wit, intelligence, and heart. Richards became president of Planned Par- 1992–1993 biennium which attempted to make She was a trailblazer who opened the world of enthood in 2006. Throughout her life Ann school funding more equitable across school public service and politics to women and mi- Richards was a forceful champion for eco- districts. Richards also sought to decentralize norities in her beloved home state of Texas, nomic and social justice for all Americans, es- control over education policy to districts and as well as throughout the country. pecially women and the disadvantaged. individual campuses; she instituted ‘‘site-based I remember her most for her commitment to In 1976, Richards ran against and defeated management’’ to this end. my constituents in South Texas. In 1993, Gov- a three-term incumbent on the Travis County, In March 2006, Governor Richards an- ernor Richards signed the bill to create South Texas Commissioner Court, holding the posi- nounced that she had been diagnosed with Texas Community College, now South Texas tion for six years. She then was elected State esophageal cancer and will be seeking treat- College. Treasurer in 1982, becoming the first woman ment at M.D. Anderson Cancer Center in Without Governor Richards’ direct insight elected to statewide office in more than fifty Houston, Texas. The disease has a five-year and involvement in granting us a three year years. In winning the Democratic nomination survival rate of 25 percent. Despite the statis- waiver in not requiring a taxing district, the for treasurer, Richards ended the career of a tics, Governor Richards vowed to beat her ill- creation of the school simply would not have Texas politician with the same name as a ness and battled valiantly until the very last been possible. Today, the college, with 17,000 president (but no relation), Warren G. Harding. day, when she finished her journey on earth students, is responsible for contributing to our In 1986, she was re-elected treasurer without and ascended to the heavens. local economy through workforce and job opposition. None of us who knew and loved Ann Rich- training programs, has directly contributed to Ann Richards delivered the keynote address ards will ever forget her or the way she bright- the drop in the region’s unemployment rate, to the 1988 Democratic National Convention, ened the lives of all the people she served. and extends education opportunities for so a move which put her in the national spotlight She was one in a million and she will be many students. She also helped to streamline with the line ‘‘Poor George [H.W. Bush], he deeply missed. She will never be replaced. the state’s government and helped create pro- can’t help it . . . He was born with a silver She was an American original. She was my grams and opportunities for Texas’ economy foot in his mouth.’’ The speech set the tone for friend. to flourish at a time when the country’s lan- her political future; she described herself as a Mr. GENE GREEN of Texas. Mr. Speaker, guished. real Texan (in supposed contrast to George I rise today in support of H. Res. 42, recog- It is incumbent upon all of US to continue H.W. Bush), established herself as a feminist, nizing Ann. Richards extraordinary contribu- the legacy started by Ann Richards decades and reached out to African-Americans and tions to Texas and American public life. ago. We need to lend voice to the disadvan- Hispanics. In 1989, with co-author Peter Ann Richards and I worked together when I taged and disenfranchised; give americans a Knobler, she wrote her autobiography, Straight served in Texas State Senate in 1991 and leg-up, not a hand-out; and, create opportuni- from the Heart. 1992 before I was elected to the House of ties for all to participate in their government. It In 1990, she sought and won the Demo- Representatives in 1993. At that time, she was is a legacy she was proud of, and one I will cratic gubernatorial nomination besting such serving as the Governor of Texas. During our not forget. She will be missed by so many, venerable vote getters as Texas Attorney tenure in the state house we worked together and especially by me. General James ‘‘Jim’’ Mattox and former gov- to support stronger environmental laws for our I urge all of my colleagues to support this ernor Mark White. In the general election she district and Texas. legislation honoring such a great lady. defeated multi-millionaire rancher Clayton Wil- Governor Richards was a teacher who start- Mr. EDWARDS. Mr. Speaker, Ann Richards liams after a brutal campaign and was inaugu- ed out in politics as a volunteer on the cam- was a true Texas treasure. We shall miss her rated the 45th governor of Texas in January paigns of Sarah Weddington, Henry B. Gon- dearly, but her spirit will live on to inspire gen- 1991. zalez, and Ralph Yarborough. She began her erations to come. She made a positive dif- The Texas economy had been in a slump own political career in 1976 when she was ference for Texas and for our nation. In my since the mid–1980s, compounded by a down- elected to serve as a County Commissioner in book she represented the very best of political turn in the U.S. economy. Governor Richards Travis County. leadership. responded with a program of economic revital- Six years later in 1982, she was elected In an era when the good ol’ boy system de- ization, yielding growth in 1991 of 2% when Texas State Treasurer and served two terms. nied opportunities to women and racial minori- the U.S. economy as a whole shrank. She Ann made history by becoming the first ties, she broke down barriers to ensure that also streamlined Texas’s government and reg- woman elected to statewide office in Texas in public service would be open to all. In an era ulatory institutions for business and the public. fifty years. when self-important politicians too often took

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00072 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4715 themselves too seriously, she used good sible interest for the state of Texas. According at least 3 months of treatment were reincar- humor to keep our feet on the ground, even to one estimate, the treasury earned 1.8 billion cerated within 1 year of being released, com- as we were rolling in laughter. dollars under her leadership, representing a pared to 18.5 percent of those who received As Governor of the state she loved, her ac- huge improvement over her predecessor. Dur- no treatment. complishments were many, whether in improv- ing her tenure she displayed the incredible wit Ann Richards’ legacy goes well beyond the ing education or health care or job opportuni- that made her such a powerful public speaker state of Texas. Her famous statement that ties. Yet, like the best of political leaders, her and one of the most popular figures in Texas ‘‘well-behaved women rarely make history’’ ex- greatest legacy will be having inspired others politics. emplifies how she has helped inspire a gen- to be their best, to reach for their dreams, and After two terms as state treasurer she was eration of young women to aspire to hold the to make life better for our neighbors. elected Governor of the state of Texas in highest public offices in the land or to follow I have no doubt that after all of us in this 1990. What she accomplished in her four whatever their dreams may be. House are gone and forgotten, the legacy of years as Governor was nothing short of amaz- Governor Richards also became a leading Ann Richards will be carrying on through the ing. Among the achievements for which we international spokesperson for women battling countless lives of those who were inspired to are honoring her here today, she revitalized osteoporosis, authoring the book I’m Not public service by the touch of this great Amer- the Texan economy, achieving growth during Slowing Down: Winning My Battle with ican. a period of national economic decline. She re- Osteoporosis, which has been described as On a personal note, it was an honor for me vamped the Texas prison system to improve inspirational and eye-opening. to know Ann Richards, especially since she rehabilitation for inmates and to better protect Ann Richards lived a life full of accomplish- graduated from Baylor University and her par- the citizens of Texas by establishing a sub- ments. She gave new opportunities to thou- ents lived in my hometown of Waco, Texas. It stance abuse program for inmates, working to sands of people across Texas. She inspired a was back in Waco, often outside the limelight expand capacity and reduce prison over- generation of young women. She was a great of the press, that I admired Ann Richards’ population, and reducing the number of violent woman, and she will be deeply missed. deep love and respect for average working offenders released. The Texas Lottery was I commend my colleague, the Dean of the families. She understood that they are the also instituted during Governor Richards’ time Texas Delegation, Congressman ORTIZ for in- backbone of our nation. in office as a means to supplement school fi- troducing this resolution. Those of us honored to call Ann Richards nancing Mr. REYES. Mr. Speaker, I rise in strong our friend, and those of us whose lives were Education and school financing were focal support of H. Res. 42, a bill recognizing Ann touched by her commitment to equality and points of her Governorship. She worked tire- Richards’ extraordinary contributions to Texas public service know that there will never be lessly to make school funding more equitable and American public life. anyone quite like her. That is why we miss her across districts and championed ‘‘sitebased Before assuming the Texas Governorship, so. management’’ programs to decentralize school Ann Richards worked as a public school Somehow, I just have to believe that Gov- administration. teacher; raised four children; and was heavily ernor Richards wanted to witness from a Of her nearly 3,000 government appoint- involved in Democratic politics. She formally heavenly seat the swearing in of Speaker ments, 46 percent were female, 15 percent entered politics in 1976, first serving as Coun- PELOSI as the first woman Speaker of the U.S. were black, 20 percent were Hispanic and 2 ty Commissioner in Travis County, Texas. In House. Or, perhaps the Good Lord just want- percent were Asian American. I rise today to 1982, Texans elected Ann Richards as State ed Ann Richards to be by His side when that honor her commitment to diversity, her battle Treasurer, making her the first woman to hold history was made. for equality, and her lifetime of service to the a statewide office in 50 years. Ann Richards Either way, I have no doubt that heaven is state of Texas and the United States of Amer- remained in this position until her guber- a little funnier place with Ann Richards there ica. natorial win in 1991. and that our nation is a better place because Mr. AL GREEN of Texas. Mr. Speaker, it is Ann Richards navigated Texas politics with of her time here on earth. a privilege to honor a great Texan and a great a high level of integrity, intelligence and a leg- To the Richards family, I want to express a American. endary wit as the second female governor in heart-felt ‘‘thank you’’ for sharing your special Ann Richards served not only as the Gov- the great state of Texas, where she served loved one with all of us for so many years. ernor of Texas, but as an exemplary role from 1991 to 1995. During her leadership, Our memories of her will inspire us to be bet- model for young people across the United Governor Richards emphasized ethical reform, ter, to do more for years to come. States. She lived her life with humor, tenacity, environmental protection, and increased diver- Mr. RODRIGUEZ. Mr. Speaker, I rise today dedication and an indomitable spirit that will sity in state agencies. She called for a ‘‘New in strong support of H. Res. 42. Anne be missed. Texas,’’ where the faces of Texas leadership Richards’s devotion to the state of Texas de- Time and time again, Ann Richards showed would mirror Texas’’ diversity. True to her vi- serves our highest honor and commendation. a true commitment to that great American sion, she made great strides in ensuring that Her work to promote the rights of women in ideal of equal opportunity for all. For example, women, Hispanics, African-Americans, and the politics, devotion to equality and her never-fail- nearly half of her 3,000 appointees were fe- disadvantaged shared in Texas power and ing drive to better the lives of her constituents male, 15 percent of her appointees were Afri- prosperity. made her an iconic figure in Texas politics. can American, and 20 percent of her ap- I knew Ann Richards personally and am Governor Richards began her political ca- pointees were Latino. She was by every honored to support this bill. Ann Richards was reer in the 1970’s fighting for equality. As an measure a Governor for all of the people of a trailblazer in the complete sense—she won advocate for female politicians, she managed Texas. her seat at the table by hard work and perse- Sarah Weddington’s successful bid to become During her time in office Governor Richards verance; won the affection and respect of her a member of the Texas State House of Rep- also developed a Robin Hood Plan for Texas new colleagues; and made space for histori- resentatives. She then joined State Represent- schools, to ensure equitable financing for all cally uninvited guests. Texas is a better state ative Weddington as a legislative assistant in school districts in our state. The Robin Hood because of Ann Richards, as is our Nation. I 1974, during this time she also participated in Plan has substantially equalized funding for invite my colleagues in Congress to com- Wilhelmina Delco’s campaign to become the school districts across Texas and has helped memorate her courage, efforts, charisma and first African-American to represent Austin in those districts without high property values memory, by joining me in support of H. Res. the state legislature. Not content to rest there, provide good education for their students. 42. she provided training sessions across the Governor Richards should also be recog- Mr. RANGEL. Mr. Speaker, I rise today in state for female candidates and managers. nized for developing an innovative and re- recognition of the life of Dorothy Ann Willis She would continue this fight for equality for markably effective drug treatment program for Richards, and in full support of H.R. 42—legis- the next 20 years. Texas prison inmates. The Texas Initiative lation recognizing the extraordinary contribu- In 1982 she was elected to the post of state was launched in 1991 and quickly grew into tions Ann Richards made to the great state of treasurer becoming the first woman elected to the most ambitious and aggressive prison- Texas and American public life. state-wide office in more than 50 years. She based drug and alcohol treatment program in Ann Richards had a zest for life that was devoted herself to the modernization of the the country. Under Governor Richards’ watch evident and infectious. She was a wonderful state treasury and to earning the greatest pos- only 7.2 percent of those who had undergone public speaker and found ways to intimately

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00073 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4716 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 connect with real people by tackling difficult SECTION 1. SHORT TITLE. year to get into the Higher Education issues that affected their everyday lives. Ann This Act may be cited as the ‘‘Pell Grant Act. It was passed on the floor of the was tremendously tenacious but possessed a Equity Act of 2007’’. Congress. He worked very hard to bring quick wit. She was well known for her zingy- SEC. 2. TUITION SENSITIVITY. this matter to the attention of all of Section 401(b)(3) of the Higher Education the Members of Congress on both sides one-liners and warm sense of humor. Act of 1965 (20 U.S.C. 1070a(b)(3)) is amended Committed to issues of equity and inclusion, by adding at the end the following new sub- of the aisle, but as you know, that leg- Ann spent much of her life championing paragraph: islation was not passed in the end, and causes related to the marginalization of ‘‘(C) This paragraph shall not apply to the that is why we are here today because women and minorities in particular. She dedi- determination of a student’s basic grant for this has an immediate impact on those cated herself to increasing the role of women the 2007–2008 academic year.’’. students who find themselves in this in politics. Ann organized training sessions SEC. 3. GUARANTEE AGENCY COLLECTION RE- situation. And I want to thank him for throughout Texas designed to empower TENTION. all of the effort that he made to adjust women in politics and succeeded in improving Clause (ii) of section 428(c)(6)(A) of the this inequity in the law over the last Higher Education Act of 1965 (20 U.S.C. the visibility of women in the National Demo- 1078(c)(6)(A)(ii)) is amended to read as fol- couple of years as we have tried to deal cratic Party. Ann became the Governor of lows: with this within the Higher Education Texas in 1991 and continued to champion the ‘‘(ii) an amount equal to 24 percent of such Act. inclusion of all people in the political process. payments for use in accordance with section This bill is a 1-year fix, and we do so While in office, Ann oversaw a program of 422B, except that— because we anticipate that this would economic revitalization that grew the state’s ‘‘(I) beginning October 1, 2003 and ending cover the upcoming academic year. economy. As governor, Ann appointed Zan W. September 30, 2007, this subparagraph shall And we would hope to be able to make Holmes Jr., the first African-American ap- be applied by substituting ‘23 percent’ for ‘24 the permanent changes when we reau- percent’; and pointed to the University of Texas Board of ‘‘(II) beginning October 1, 2007 and ending thorize the Higher Education Act in Regents; she redirected revenue from the September 30, 2008, this subparagraph shall this Congress. state lottery to a school fund to support public be applied by substituting ‘22 percent’ for ‘24 According to the Congressional Re- education; and launched the Robin Hood plan, percent’.’’. search Service, our bill will help ap- an attempt to equalize funding across school The SPEAKER pro tempore. Pursu- proximately 96,000 students receive an districts. Through these measures, Ann was ant to the rule, the gentleman from average of $100 more in a Pell Grant successful in changing the ways that both California (Mr. GEORGE MILLER) and aid. Sometimes that doesn’t sound like Texas and our country thought about and the gentleman from California (Mr. a lot of money, but in grant aid to treated women, ethnic minorities, people with MCKEON) each will control 20 minutes. these students and these families, this disabilities, and members of the Gay, Lesbian, The Chair recognizes the gentleman is an important amount of money be- Transgender, and Bisexual communities. Ann from California (Mr. GEORGE MILLER). cause it is not just the tuition that is once remarked that she entered politics to going down, it is other costs continue b 1600 help those who were often ignored by the to go up. Texas’ male dominated establishment. Mr. GEORGE MILLER of California. This increase will help make a real It is with great pride that I rise in support of Today, Mr. Speaker, I rise in support of difference for these students in meet- H.R. 42 and recognize, before all, the con- H.R. 990, the Pell Grant Equity Act of ing not just their tuition costs, but the tributions of a wonderful woman, committed 2007. costs of their books, their supplies, leader and champion for all. This is a bill that is designed to ad- transportation, room and board, and Mr. SHAYS. Mr. Speaker, I yield just an inequity in the current law that expenses that quickly add up. back the balance of our time. works against the interest of many col- We know this is an issue because we Mr. DAVIS of Illinois. Mr. Speaker, I lege students in those States that have have received letters and heard stories want to thank Mr. SHAYS for his ac- low tuition. from the community colleges, from the commodation and would urge passage At a time when we have seen tuition students and from their families. It is a of H. Res. 42. and fees of public colleges and univer- situation where you can find two sib- Mr. Speaker, I yield back the balance sities increase significantly, there is a lings, one at Cal State school and an- of my time. notable exception to that trend, and other at a nearby community college. The SPEAKER pro tempore. The that is that California community col- Both students take similar courses, en- question is on the motion offered by leges recently decreased their tuition rolled full-time, live at home, commute the gentleman from Illinois (Mr. and fees from $26 a credit to $20 a cred- to colleges, both have filed Federal fi- DAVIS) that the House suspend the it. For a student taking 13 credits for nancial aid forms and have an expected rules and agree to the resolution, H. two semesters, they save $520 in tuition family contribution of zero. So both Res. 42. for the year. This is almost unheard of qualify for the maximum Pell Grant. The question was taken; and (two- in a day of skyrocketing college costs. Due to the current rules, the sibling at- thirds being in the affirmative) the Unfortunately, a provision in the High- tending the community college will re- rules were suspended and the resolu- er Education Act penalizes students at- ceive $402 less, even though the edu- tion was agreed to. tending low-cost institutions, such as cational costs overall are the same for A motion to reconsider was laid on California’s community colleges. those two individuals. the table. The provision known as ‘‘tuition sen- That is why we need to pass this leg- f sitivity’’ reduces the Pell Grant for the islation today. It has strong bipartisan neediest of students attending higher support. And it will keep the Pell PELL GRANT EQUITY ACT OF 2007 education institutions with the lowest Grant as a strong part of our Federal Mr. GEORGE MILLER of California. tuition. The result is that thousands of student aid program targeted to those Mr. Speaker, I move to suspend the low-income students receive a lesser in the most need. rules and pass the bill (H.R. 990) to pro- Pell Grant. With that, Mr. Speaker, I would like vide all low-income students with the The Pell Grant Equity Act elimi- to reserve the balance of my time. same opportunity to receive a Pell nates this discriminating provision in Mr. MCKEON. Mr. Speaker, I rise in Grant by eliminating the tuition sensi- the law, ensuring that students receive strong support of H.R. 990, the Pell tivity provision in the Pell Grant pro- the full amount of the Pell Grants they Grant Equity Act. gram, as amended. are entitled to receive. This is a very I thank my friend and colleague, The Clerk read as follows: important bill for these students and Chairman MILLER, for his work on this H.R. 990 for their families. legislation. I also thank Ranking Mem- Be it enacted by the Senate and House of Rep- This is legislation that my colleague, ber KELLER of the Higher Education resentatives of the United States of America in Mr. MCKEON, the senior Republican on Subcommittee and Chairman HINOJOSA Congress assembled, the committee, worked very hard last for working with us on this measure.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4717 The Pell Grant Equity Act will re- The rationale for this legislation is makes it difficult for people of low incomes peal a Federal rule known as ‘‘tuition pretty simple: It is unfair that 100,000 who attend schools with low tuitions to receive sensitivity.’’ This arcane rule reduces college students are penalized for at- the assistance they need. the annual maximum Pell Grant for tending community colleges with low I rise in strong support of the Pell Grant Eq- students attending institutions with tuition rates. These students will now uity Act, which provides low-income students very low tuition charges. be able to use the additional $108 in the opportunity to go to college by eliminating In a time when we are trying to keep Pell funding, on average, to pay for le- the ‘‘tuition sensitivity provision.’’ This provi- the cost of education down, we penalize gitimate education expenses beyond sion prohibits maximum Pell grant awards to students that choose to go to a school tuition, such as books and mandatory students attending low-tuition institutions of that is charging less tuition. It seems lab fees in their science classes. higher education even if their income is low like we have it really mixed up, and I At a time when college tuition is enough to otherwise qualify for the maximum am glad this bill is coming out to help skyrocketing across the Nation, we award. us change that. Simply put, Mr. Speak- should praise and not punish those As implemented by the U.S. Department of er, a student should not be forced to community colleges who are doing Education, ‘‘tuition sensitivity’’ is intended to sacrifice grant aid because of their their part to keep tuition low and re- reduce the Pell grant for low-income students choice of one institution over another. ward those students who are going to who attend very low tuition schools as a cost- As Congress and the President work those colleges who otherwise wouldn’t saving measure. Unfortunately, the students to continue improving student aid pro- have a chance at the American Dream most negatively impacted by this policy are grams, it is illogical that certain stu- of a college education. the poorest students who still cannot afford dents who may otherwise be eligible for I want to praise Chairman MILLER the lower tuition. a maximum Pell Grant won’t get it and Chairman HINOJOSA as well as As I have been saying throughout my dis- simply because of where they go to Ranking Member MCKEON for their trict this past week, education is an investment school. Moreover, repealing this rule leadership and moving this legislation not an expenditure. We must invest in our stu- takes away an incentive for some low- along. I think it is a great piece of bi- dents now or be forced to pay more later. We cost institutions to raise their tuition partisan legislation that deserves all of can start this investment by passing the Pell in order for their students to become our support, and I urge all of my col- Grant Equity Act, allowing approximately eligible for the maximum Pell award. leagues on both sides of the aisle to 96,000 of our poorest students to receive the The tuition sensitivity rule is esti- vote ‘‘yes’’ on this bill. financial assistance they need in the upcoming mated to impact between 90,000 and Mr. MCKEON. Mr. Speaker, again, I academic year. 100,000 students each year, with these want to thank Chairman MILLER for Ms. LORETTA SANCHEZ of California. Mr. students losing hundreds of dollars in bringing this legislation, for his kind Speaker, I rise today in support of H.R. 990— grant aid annually, the students that words, and the opportunity to work to- The Pell Grant Equity Act of 2007. This legis- need it the most. gether, something that will benefit stu- With many California community lation is a simple measure to reduce the real dents who are in great need of this colleges reducing their cost of attend- and perceived barriers to a higher education extra help. ance this semester, the tuition sensi- for many low-income families across the Mr. Speaker, I yield back the balance tivity rule is expected to have an even United States. of my time. more substantial impact for students Community colleges and other low-cost in- Mr. GEORGE MILLER of California. in that State if not corrected. stitutions offer life-changing educational oppor- So I am especially pleased, just as I Mr. Speaker, earlier in the first few tunities for motivated students. Pell grant re- hours of this session, this Congress am sure Chairman MILLER is, that this cipients are by definition motivated. measure will benefit many of those took a bipartisan vote to cut interest The Pell grant program works as a contract seeking postsecondary education in our rates for the neediest students who are between the Federal Government and the indi- home State. borrowing money. Those same group of vidual. The Government says, ‘‘we will provide Mr. Speaker, I must say that as much students, many of them are still eligi- you with the means to get a higher education as I support this bill, I wish it could ble for the Pell Grant. This action we if you desire to invest in yourself.’’ have been the law of the land much take today, again on a bipartisan basis, Removing the tuition sensitivity provision of sooner. This measure was included in I think will be very helpful to these the Higher Education Act will help students the College Access and Opportunity students and to their families as, cover the full cost of attending college, which Act, which the House passed last year again, they try to put together the re- is significantly higher than tuition alone. to reauthorize the Higher Education sources necessary so that they can For over 30 years, Congress has consist- Act. Similarly, had House Republicans, begin their advanced education in the ently increased funding available to the Pell or anyone else for that matter, been higher education system in this case. grant program and increased the maximum able to offer this as an amendment to Hopefully in community colleges, they grant that each student can receive. Why? Be- H.R. 5 earlier this year, I would have will continue to try to figure out, cause the program works. Pell grant recipients done so. along with the State legislatures, how regularly go on to succeed in jobs with career As is often the case in Washington, it to lower the cost of that college. And potential and upward mobility. is better late than never. I am pleased this would provide an additional incen- Increased access to higher education is an to support this measure which helps tive, since they know now that those important goal for the Congress because hav- students and is fully paid for in accord- students will not be punished in a sense ing an educated workforce is essential to our ance with the budget rules. because they are going to a lower cost country’s future. As former Federal Reserve Again, I thank my colleagues. And I college at that time. Chairman Alan Greenspan once said to me, hope we can find more opportunities I would like to thank the staff of ‘‘if our people are educated there isn’t a prob- for bipartisan cooperation on college both committees for all of the work lem we can’t solve. If they aren’t, there isn’t access down the road. they did on this, for the senior Repub- one that we can.’’ Eliminating tuition sensitivity Mr. Speaker, I yield to the ranking lican, Mr. KELLER, on the sub- from the Pell grant program is a positive step member of the subcommittee, Mr. KEL- committee, and Mr. MCKEON on the full towards making college education available to LER, such time as he may consume. committee, and to Mr. HINOJOSA, the everyone who wants one, and there isn’t a Mr. KELLER of Florida. I thank the chairman of the subcommittee, for all higher goal than that. gentleman for yielding. of their work. We look forward to a Ms. JACKSON-LEE of Texas. Mr. Speaker, Mr. Speaker, I rise today as the rank- quick passage here and hopefully a I rise today in support of H.R. 990, which will ing member on the Higher Education speedy passage in the Senate. provide all low-income students with the same Committee and a strong supporter of Mr. HARE. Mr. Speaker, part of our job in opportunity to receive a Pell grant by elimi- the Pell Grant program to urge my col- Congress is to ensure that every American nating the ‘‘tuition sensitivity’’ provision in the leagues to vote ‘‘yes’’ on the Pell Grant has the right to a higher education. Unfortu- Pell grant program. The Federal Pell grant is Equity Act of 2007. nately, a provision in the Higher Education Act need-based aid that serves as the foundation

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00075 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4718 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 of a student’s financial aid package. In fiscal Higher education is the best way to ensure COMMENDING THE UNIVERSITY OF year 2006, more than 5 million undergraduate our children and grandchildren have a prom- SOUTHERN CALIFORNIA TROJAN students received the Pell grant scholarship, ising future regardless of socio-economic sta- FOOTBALL TEAM FOR ITS VIC- with 74 percent of these recipients having a tus. TORY IN THE 2007 ROSE BOWL combined family income below $30,000. I thank my colleagues for supporting this Mr. DAVIS of Illinois. Mr. Speaker, I Mr. Speaker, under current law Pell grants bill. move to suspend the rules and agree to are awarded to students based on the dif- the resolution (H. Res. 126) com- ference between the appropriated maximum Mr. HINOJOSA. Mr. Speaker, I am pleased to join Chairman MILLER and Ranking Mem- mending the University of Southern Pell grant award and the student’s expected California Trojan football team for its family contribution, which is a measure of the bers MCKEON and KELLER in cosponsoring the Pell Grant Equity Act. I would like to thank victory in the 2007 Rose Bowl. student’s and their family’s ability to pay for The Clerk read as follows: education expenses. them for their leadership in bringing this bill The ‘‘tuition sensitivity’’ provision of the Pell forward without delay. H. RES. 126 Whereas the University of Southern Cali- grant comes into effect when the appropriated Currently low-income students who attend award is above $2,7000.00. The provision fornia (USC) Trojan football team achieved low-cost institutions have their Pell Grants re- many historic accomplishments during the then reduces the Pell grant scholarship, re- duced because of the provision called ‘‘tuition 2006 season; ceived by the poorest students attending insti- sensitivity’’ in current law. It is contrary to Whereas the USC Trojan football team tutions with the lowest tuition. As a result of common sense and our shared goals of pro- achieved its fifth consecutive Associated this provision, two students with the same low- viding access to higher education for low-in- Press (AP) Top 4 finish; income background and family expenses come students to systematically reduce the Whereas USC was invited to make an un- could be awarded different amounts for the grant aid for the neediest students who often precedented fifth consecutive Bowl Cham- Pell grant although they are both entitled to re- pionship Series bowl appearance; attend low-cost institutions because they are Whereas USC won an unprecedented fifth ceive the maximum amount. more affordable. Although both students share the same eco- consecutive Pacific-10 Conference champion- ship; nomic hardships, the student attending the According to the Congressional Research Service, our action today will benefit 96,000 Whereas USC achieved its fifth consecutive college with the lower tuition would receive a season of at least 11 victories, an achieve- smaller Pell grant, thus requiring their ex- low-income students and increase their Pell grant by an average of $108. When you are ment equaled by only 3 other Division I pected personal and family expenses to the schools in the history of National Collegiate institution to rise. However, if these same two a low-income student, every penny counts and Athletic Association (NCAA) football; students attended universities with matching this increase will make a real difference. Whereas USC accomplished these feats tuition expenses, the award amounts would be The colleges in my congressional district while playing the second most difficult equal. serve some of the lowest income students and schedule in the Nation; Just because a student attends a school families in the Nation. They work very hard to Whereas USC boasts a 33-game winning with low tuition, that does not mean that he or streak for all home games, as well as a 23- keep tuition low and limit increases to a min- game winning streak for Pac-10 home games; she can expend more from their personal and imum. This legislation will ensure that their ef- Whereas USC has maintained a top 10 family income. A needy student should receive forts to contain costs are not undone by aid ranking in the Associated Press College the same amount regardless of their institu- policy that reduces the Pell Grant because the Football Poll for the past 56 editions; tion’s tuition. institution charges low tuition. Whereas USC has won 56 of its last 60 Mr. Speaker, I support H.R. 990, which games; The Pell Grant Equity Act will immediately would provide all low-income students with the Whereas during the 2006 season, USC fea- lift tuition sensitivity for the upcoming aca- same opportunity to receive a Pell grant by tured 5 All-American first team players demic year. As we move towards the reau- eliminating the tuition sensitivity provision in (wide receivers Dwayne Jarrett and Steve thorization of the Higher Education Act, we will the Pell grant. Every student in our Nation Smith, center Ryan Kalil, offensive tackle make this repeal permanent and put all low-in- Sam Baker, and defensive tackle Sedrick who plans to further their education, whether come students on an equal footing in the Pell Ellis); at our Nation’s most expensive or least expen- grant program. Whereas USC head football coach Pete Car- sive schools, deserves that opportunity. Our roll has the best winning percentage of any Federal Government has made the provisions I look forward to continuing this spirit of bi- current NCAA Division I football coach with to financially assist students, especially those partisanship as we consider the rest of the at least 5 years of experience; from low-income families, in their quest to at- Higher Education Act and thank my col- Whereas the annual Rose Bowl is the old- tend college and we must ensure that every leagues for treating this issue with the sense est of all college bowl games, and its history student has this opportunity. of urgency it deserves. and prestige have earned it the title ‘‘The Mr. GENE GREEN of Texas. Mr. Speaker, Granddaddy of Them All’’; I strongly encourage all my colleagues to Whereas USC has played in the Rose Bowl I rise today in support for H.R. 990, the Pell support this legislation. on 31 occasions and won 22 times, both Grant Equity Act. Mr. GEORGE MILLER of California. records exceeding any other collegiate foot- This important piece of legislation would Mr. Speaker, I yield back the balance ball program; amend the Higher Education Act of 1965 to of my time. Whereas during the 2007 Rose Bowl game, provide all low-income students with the same USC featured a second half offensive explo- opportunity to receive a Pell grant by elimi- The SPEAKER pro tempore. The sion behind a game record-tying 4 touchdown nating the tuition sensitivity provision in the question is on the motion offered by passes from quarterback John David Booty; Pell grant program. the gentleman from California (Mr. Whereas during the 2007 Rose Bowl game, Current law prohibits maximum Pell grant GEORGE MILLER) that the House sus- wide receiver Dwayne Jarrett caught 2 awards to students attending low-tuition higher pend the rules and pass the bill, H.R. touchdown passes, was named Offensive Most 990, as amended. Valuable Player for the game, and became education institutions even if their income is USC’s career receptions leader with 11 low enough to otherwise qualify for the max- The question was taken; and (two- catches for 205 yards; imum award. thirds being in the affirmative) the Whereas during the 2007 Rose Bowl game, As the husband of a retired high-school rules were suspended and the bill, as linebacker Brian Cushing made 7 tackles, 4 teacher, I have always been a strong advo- amended, was passed. tackles for losses, 2.5 sacks, and forced a cate for education. fumble, and he was named the Defensive Unfortunately, the high costs of a college The title of the bill was amended so Most Valuable Player for the game; and education prohibit many low-income students as to read: ‘‘To provide all low-income Whereas, under the leadership of USC’s from receiving a higher degree. students with the same opportunity to 10th president, Steven B. Sample, USC has Pell grants provide low-income students with receive a Pell Grant by suspending the established itself as a world-class research university, known for its leadership in the their best opportunity to attend college, and tuition sensitivity provision in the Pell Grant program.’’. fields of communication, media, the we must support financial aid programs like sciences, and the arts: Now, therefore, be it this in order to help as many students as pos- A motion to reconsider was laid on Resolved, That the House of Representa- sible succeed and receive a college degree. the table. tives—

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4719 (1) commends the University of Southern Michigan in the granddaddy of them The victory of the USC Trojan foot- California Trojan football team and USC all, the Rose Bowl. ball team also exemplifies the excel- President Steven B. Sample for USC’s vic- USC has put together one of the best lence of the University of Southern tory in the 2007 Rose Bowl; and coaching staffs in the country, and this California as not only an athletic pow- (2) recognizes the achievements of the game was proof. Early in the second players, coaches, students, alumni, and staff erhouse but also an academic institu- who were instrumental in helping the Uni- half, Michigan had made it clear to tion of higher learning. USC has estab- versity of Southern California win the Rose USC that they could not establish the lished itself as a leader in the fields of Bowl. run. Now, former USC offensive coordi- communications, media, the sciences, The SPEAKER pro tempore. Pursu- nator Lane Kiffin said, ‘‘We’re not run- as well as the arts. It is home to one of ant to the rule, the gentleman from Il- ning the ball for another play.’’ And for the best, if not the best, schools of film linois (Mr. DAVIS) and the gentleman the next 30 plays USC took to the air, in the United States. It also boasts a from California (Mr. MCKEON) each will rushing the ball only twice. world-renowned school of music. control 20 minutes. The ability of Coach Carroll and his USC is the oldest private research The Chair recognizes the gentleman coaching staff to change the game plan university in the West and is a critical from Illinois. mid-game and make personnel adjust- part of the 33rd Congressional District ments is what separates USC from the of California. It is home to 33,000 stu- GENERAL LEAVE rest of the country every year, and led dents, 3,100 faculty, and 7,900 employ- Mr. DAVIS of Illinois. Mr. Speaker, I them to their Rose Bowl victory. ees. It is the largest private employer ask unanimous consent that each Today, when you hear about USC in the City of Los Angeles. Its physi- Member would have 5 days in which to winning the Rose Bowl and finishing cians serve more than 1 million pa- revise and extend their remarks. the season as the fourth best team in tients a year. Its Educational Oppor- The SPEAKER pro tempore. Is there the country, it doesn’t sound like too tunity Programs Center has provided objection to the request of the gen- much of an accomplishment, that is academic enrichment and support serv- tleman from Illinois? ices to thousands of neighborhood resi- There was no objection. until you look at this team and see Mr. DAVIS of Illinois. Mr. Speaker, I that they lost two Heisman trophy dents. In closing, Mr. Speaker, I commend yield myself such time as I might con- winners, six key pieces in their offense both the University of Southern Cali- sume. in the first three rounds of the NFL fornia’s football team for its victory in I want to congratulate the Univer- draft, and lost 11 players overall to the the 2007 Rose Bowl; its coach, Pete Car- sity of Southern California for their NFL before the season began. roll; its athletic director, Mike Gar- victory in the 2007 Rose Bowl. I extend my congratulations to Head rett; as well as the coaches, students, On New Year’s Day, college football Coach Pete Carroll, his coaching staff, alumni, and staff who were instru- fans, student athletes and the Nation and every one of the dedicated players, the fans, and to the University of mental in USC’s Rose Bowl victory. were treated to an exceptional college And I just need to add this: I want to bowl game. And no matter what team Southern California. I am happy to join in honoring this also commend the University of South- you support, it is always a thrill to exceptional team and also of its accom- ern California and its president, Steven watch the Rose Bowl. plishments and wish all involved con- B. Sample, for taking in 130 students The University of Southern Cali- from New Orleans when their univer- fornia made history by appearing in its tinued success. I ask my colleagues to support this sity had flooded. And they not only al- fifth consecutive Bowl Championship resolution. lowed them to come there and admit- Series game and defeated the Michigan Mr. Speaker, I reserve the balance of ted them, but they gave them room Wolverines by a score of 32–18. my time. and board at a time of great need. I would like to extend my congratu- Mr. DAVIS of Illinois. Mr. Speaker, So USC and its president have played lations to the coaching staff, adminis- it is my pleasure to yield such time as a major role in the continuous success tration, and most of all to the student she might consume to the gentlelady of the University of Southern Cali- athletes and fans for winning the Rose from California, Representative DIANE fornia; the City of Los Angeles; and the Bowl. WATSON. people of the Golden State, California. I also want to extend my congratula- Mr. MCKEON. Mr. Speaker, I am b 1615 tions to the Michigan Wolverines and happy that Ms. WATSON talked about their student athletes for a great sea- Ms. WATSON. Mr. Speaker, I proudly all the other accomplishments of SC son. Winning the Rose Bowl has rise today to commend the University while I just talked about the football brought national acclaim to a univer- of Southern California, located in my team. The football team was great, but sity that already has a rich history as district, Trojan football team for its it is nice to see that they are doing all the oldest private research university victory in the 2007 Rose Bowl. The Tro- of these other wonderful things, and I in the West. USC also lays claim as the jans’ Rose Bowl victory puts an excla- commend them for it. I urge our col- birthplace of important Internet tech- mation mark on a successful 2006–2007 leagues to support this resolution. nologies and has the only marching season as well as years of unparalleled Mr. Speaker I yield back the balance band in the United States of America Trojan football excellence. Let me cite of my time. that has earned a platinum record. just a few examples of the football Mr. DAVIS of Illinois. Mr. Speaker, I Mr. Speaker, once again, I congratu- team’s long list of accomplishments: agree with the ranking member. It does late the University of Southern Cali- The USC Trojan football team sound like Ms. WATSON is quite proud fornia for their success in winning the achieved its fifth consecutive AP top 4 of the University of Southern Cali- Rose Bowl, and also for their great edu- finish. Its appearance in the 2007 Rose fornia. As a matter of fact, I want to cational tradition. I urge passage of Bowl marked an unprecedented fifth take this opportunity also to thank her this resolution. consecutive Bowl Championship Series and the University of Southern Cali- Mr. Speaker, I reserve the balance of bid. The team won an unprecedented fornia for hosting one of our State of my time. fifth consecutive PAC-10 Conference the African American Male conferences Mr. MCKEON. Mr. Speaker, I yield championship. It maintained a top 10 that I had the opportunity to attend myself such time as I may consume. ranking in the AP College Football with her. Mr. Speaker, I rise in support of Poll for the past 56 editions. And the It is indeed a great institution, not House Resolution 126. This resolution football team won 56 of its last 60 only in terms of its athletic prowess recognizes the University of Southern games. but also in terms of its scholarship and California football team for yet an- It is noteworthy that the USC Trojan academic tradition. I urge support for other great season, winning the PAC–10 football team accomplished these feats this resolution. conference as well as their dominating while playing the second most difficult Mrs. BONO. Mr. Speaker, I thank the gen- 32–18 victory over the University of schedule in the Nation. tleman for yielding me time. Mr. Speaker, I

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00077 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4720 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 rise in support of H. Res. 126, as authored by Ohio, won the 2006 National Collegiate Ath- ments. Mount Union College, located in my fellow Californian, Mrs. WATSON. letic Association (NCAA) Division III Foot- Alliance, Ohio, is not only known as As an alumnus of the University of Southern ball National Championship by defeating the one of the top liberal arts colleges in California, I’ve had the pleasure of watching University of Wisconsin-Whitewater the Midwest but also more recently for our football teams compete against some of Warhawks by a score of 35–16 in the Amos winning the NCAA Division III Foot- Alonzo Stagg Bowl; the best teams in the country over the years. Whereas while there are currently 231 ball National Championship. The recent record of success is undeniable, schools playing NCAA Division III college On December 16 of last year, the which is why I’m happy to offer my support of football, during the last 14 years the Purple Mount Union College Purple Raiders my alma matter and this Resolution. Raiders have won an unprecedented 9 NCAA captured their ninth NCAA Division III This year’s Rose Bowl included USC play- Division III Football National Champion- Football National Championship by de- ing against a University of Michigan football ships; feating the University of Wisconsin- team that was nationally ranked at number Whereas Mount Union College currently Whitewater Warhawks. three in the country. The Wolverines, though has the second longest winning streak in all We know that such accomplishments laden with their own star-power, were simply of college football with 23 consecutive vic- are achieved through a group effort. I unable to match the combined efforts of the tories; applaud the Purple Raiders coaching Trojans on New Year’s Day in January. Whereas the Purple Raiders have won 62 staff; the administration; student ath- consecutive games on the road; The players on offense for USC displayed Whereas the Purple Raiders hold college letes; and, of course, the fans for a one reason why the Trojans were ranked so football’s two longest winning streaks—55 championship season. highly at the end of the season, even while consecutive games won from 2000 to 2003 and I also want to extend my congratula- playing what was one of the most difficult 54 consecutive wins from 1996 to 1999; tions to the Wisconsin-Whitewater schedules of any collegiate team in the coun- Whereas in winning the 2006 National Warhawks for a well-played game and a try. Our offense was led by the tandem of Championship, Mount Union College Foot- successful season. John Booty and Dwayne Jarrett, who helped ball Head Coach Larry Kehres completed his The Purple Raiders, whose purple the Trojans to a second-half burst that was ex- 21st season as head coach of the Purple Raid- parrot mascot is well known in north- citing for any USC supporter, young or old. ers; eastern Ohio, have achieved some nota- But they were not the only reason for an im- Whereas Coach Kehres has compiled a phe- ble athletic accomplishments, includ- pressive 32–18 victory; the Trojans defense nomenal 246–20–3 record at Mount Union Col- ing nine national championships in the lege and the best career winning percentage past 14 years, along with two of the held the University of Michigan offense to just (.920) for a head coach—at any division 14 yards of total rushing, which is no simple level—in the history of college football; longest winning streaks in college foot- feat given the running backs for the Wolver- Whereas Coach Kehres has led the Purple ball. ines. Raiders to all 9 of their National Champion- Mr. Speaker, once again I commend The Trojans’ win in January was part of a ships, 17 Ohio Athletic Conference titles, and and congratulate Mount Union College recent string of impressive marks, from win- 15 undefeated regular seasons; for their dedication and success, not ning a fifth consecutive Pac-10 Conference Whereas Coach Kehres was named the only for their athletic prowess but also Championship to the team winning 56 of its American Football Coaches Association Di- for their academic achievement and last 60 games. Winning the 2007 Rose Bowl vision III Coach of the Year for a record academic reputation. was an excellent way to end the team’s sea- eighth time in 2006; I urge support for this resolution. son and should remain a motivating factor Whereas the Purple Raiders finished the Mr. Speaker, I reserve the balance of 2006 season ranked first nationally in Divi- my time. when this fall rolls around. sion III football in total offense, first in scor- I’m hopeful all of our Members, and yes, Mr. MCKEON. Mr. Speaker, I yield ing, first in passing efficiency, second in myself such time as I may consume. even those who attended the University of rushing, second in total team defense, second Michigan, can offer their support of today’s in scoring defense, second in rush defense, Mr. Speaker, I rise today in support resolution that commends USC on its victory. and eighth in pass efficiency defense; and of House Resolution 103. This resolu- And here’s to hoping we can support a similar Whereas Mount Union College graduates tion congratulates the Mount Union such Resolution next year. approximately 98 percent of the student-ath- College Purple Raiders for winning the Mr. DAVIS of Illinois. Mr. Speaker, I letes who remain in the football program for 2006 NCAA Division III Football Na- yield back the balance of my time. a full four years: Now, therefore, be it tional Championship. The SPEAKER pro tempore. The Resolved, That the House of Representa- The Purple Raiders captured the title question is on the motion offered by tives— by defeating the University of Wis- (1) congratulates the Mount Union College the gentleman from Illinois (Mr. consin-Whitewater Warhawks 35–16 in Purple Raiders for winning the 2006 NCAA the Amos Alonzo Stagg Bowl on De- DAVIS) that the House suspend the Division III Football National Champion- rules and agree to the resolution, H. ship; and cember 16 in front of 6,051 faithful fans. Res. 126. (2) recognizes all the players, coaches, and Since 1990, and under the tutelage of The question was taken; and (two- support staff who were instrumental in this Head Coach Larry Kehres, the Raiders thirds being in the affirmative) the achievement. have made 16 playoff appearances while rules were suspended and the resolu- The SPEAKER pro tempore. Pursu- posting college football’s most wins tion was agreed to. ant to the rule, the gentleman from Il- and best winning percentage. Coach A motion to reconsider was laid on linois (Mr. DAVIS) and the gentleman Kehres completed his 21st year at the the table. from California (Mr. MCKEON) each will helm of the Purple Raiders football for- f control 20 minutes. tunes in 2006 and has built one of the most successful programs in all of col- CONGRATULATING THE MOUNT The Chair recognizes the gentleman from Illinois. lege football. His teams have won 17 UNION COLLEGE PURPLE RAID- Ohio Athletic Conference Champion- ERS FOR WINNING THE 2006 GENERAL LEAVE Mr. DAVIS of Illinois. Mr. Speaker, I ships while posting 15 undefeated reg- NCAA DIVISION III FOOTBALL ular seasons and have won nine Divi- NATIONAL CHAMPIONSHIP ask unanimous consent that each Member would have 5 legislative days sion III National Championships in the Mr. DAVIS of Illinois. Mr. Speaker, I in which to revise and extend their re- last 14 years. Along the way, Coach move to suspend the rules and agree to marks. Kehres has compiled a phenomenal 246– the resolution (H. Res. 103) congratu- The SPEAKER pro tempore. Is there 20–3 record and the best career winning lating the Mount Union College Purple objection to the request of the gen- percentage for a head coach, at any di- Raiders for winning the 2006 NCAA Di- tleman from Illinois? vision level, in the history of college vision III Football National Champion- There was no objection. football. For his efforts, Kehres has ship. Mr. DAVIS of Illinois. Mr. Speaker, I been named the AFCA Division III Na- The Clerk read as follows: yield myself such time as I may con- tional Coach of the Year eight times. H. RES. 103 sume. I extend my congratulations to Head Whereas on December 16, 2006, the Mount Mr. Speaker, I rise to congratulate Coach Larry Kehres, all of the hard- Union College Purple Raiders of Alliance, another college for their accomplish- working players, the fans, and to

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4721 Mount Union College. I am happy to fect seasons. These statistics have all The question was taken; and (two- join my good friend and colleague Rep- been achieved under the excellent thirds being in the affirmative) the resentative REGULA in honoring this coaching of Larry Kehres. His record rules were suspended and the resolu- exceptional team and all of its accom- has earned him the American Football tion was agreed to. plishments and wish all involved con- Coaches Association Division III Coach A motion to reconsider was laid on tinued success. of the Year a record eight times. Coach the table. I ask my colleagues to support this Kehres can certainly take great pride f resolution. in the dexterity and proficiency he has GENERAL LEAVE Mr. Speaker, I am happy to yield at instilled in the young athletes that this time such time as he may consume have walked the halls of Mount Union Mr. DAVIS of Illinois. Mr. Speaker, I to the gentleman from Ohio (Mr. REG- College. ask unanimous consent that all Mem- ULA). This year’s players have yet again bers may have 5 legislative days within Mr. REGULA. Mr. Speaker, I thank risen to the occasion and proved to be which to revise and extend their re- my colleague from California for yield- the best of Division III. The Purple marks and include extraneous material ing. Raiders finished first nationally in Di- on H.R. 990, as amended. Mr. Speaker, I rise in support of H. vision III football in total offense and The SPEAKER pro tempore. Is there Res. 103, congratulating the Mount second in total defense, which can only objection to the request of the gen- Union College Purple Raiders on their give a slight indication as to the work tleman from Illinois? 2006 Division III Football National ethic of this team. The national title There was no objection. Championship. they achieved in 2006 was well earned f As you know, Ohio is quite a football by these athletes, coaches, and staff. PROVIDING FOR CONSTRUCTION, State; and while most people think of I would like to congratulate Mount OPERATION, AND MAINTENANCE teams like Ohio State when they think Union College President Richard Giese; OF ARTERIAL ROAD IN ST. of Ohio football, the team with the Coach Larry Kehres; his coaches; the LOUIS COUNTY, MISSOURI most amazing winning record is actu- faculty and staff; as well as the terrific ally Mount Union College and its Pur- and enthusiastic fans, and we have Mr. OBERSTAR. Mr. Speaker, I move ple Raiders. In December they beat the them, but especially all of the players to suspend the rules and pass the bill Wisconsin-Whitewater Warhawks in for yet another undefeated year and (H.R. 1129) to provide for the construc- the Amos Alonzo Stagg Bowl. national championship. tion, operation, and maintenance of an The Purple Raiders from Mount arterial road in St. Louis County, Mis- b 1630 Union College in Alliance have been a souri. perpetually dominant team under the Mr. Speaker, 2006 was a great season, The Clerk read as follows: reign of Head Coach Larry Kehres and and I am sure it will not be the last for H.R. 1129 staff, winning an astounding nine these Purple Raiders. As the great Be it enacted by the Senate and House of Rep- NCAA Division III Football Champion- coach Vince Lombardi once said, resentatives of the United States of America in ships. The players who have come and ‘‘Being a champion means you are will- Congress assembled, gone through the Mount Union football ing to go longer, work harder, and give SECTION 1. PROJECT DEFINED. program should also be honored for more than anyone else.’’ The current In this Act, the term ‘‘project’’ means only the portion of St. Louis County, Missouri, their superior work ethic on the foot- Purple Raiders team and those of prior seasons, along with Coach Kehres, have arterial road 1151 that is deed-restricted ball field and in the classroom. As an property, which specifically applies to ap- alumnus of Mount Union College, I proven the wisdom of this statement proximately 0.3 acres and 540 lineal feet and take special pride that the students time and time again. is identified as the ‘‘FEMA’’ route in the that remain in the football program all Mr. DAVIS of Illinois. Mr. Speaker, I document entitled ‘‘Lemay Connector Road 4 years have an incredible 98 percent reserve the balance of my time. for Long-Term Recovery, Recreational En- Mr. MCKEON. Mr. Speaker, I yield graduation rate. That is astounding, I hancements, & Community, & Economic De- myself such time as I may consume. think, everything considered in what velopment’’, dated June 1, 2006, on file with Mr. Speaker, I am happy to be here the St. Louis County department of high- we hear and so on. Such phenomenal to sing the praises of the Purple Raid- ways and traffic. scholastic and athletic achievement ers. When I heard Mr. REGULA talk SEC. 2. APPLICABLITY OF CERTAIN FEDERAL should not go unnoticed. These gradua- about all of their accomplishments and LAW. tion rates are impressive for any high- then the 98 percent graduation rate, The St. Louis County arterial road 1151, known as the ‘‘Lemay Connector Road’’ in er education institution and are espe- that really is impressive. I would like cially remarkable for college athletes. St. Louis City and County, Missouri, may be to meet Coach Kehres one day. constructed, operated, and maintained over The most recent NCAA victory comes Mr. Speaker, I urge passage of this as no surprise to those who have fol- the deed-restricted property described in sec- resolution. tion 1, notwithstanding section 404(b)(2) of lowed the Purple Raiders over the past Mr. Speaker, I yield back the balance the Robert T. Stafford Disaster Relief and two decades. They have had the two of my time. Emergency Assistance Act (42 U.S.C. 5170c) longest winning streaks in all of col- Mr. DAVIS of Illinois. Mr. Speaker, I or Public Law 103–211 and any easement or lege football, with 54 consecutive vic- want to congratulate Mr. REGULA for other similar restriction pursuant to those tories from 1996 to 1999 and 55 victories having such an outstanding institution Federal laws on the development of property from 2000 to 2003. The Purple Raiders in his district to represent. When you that requires the property be maintained for also currently hold the second longest open space, recreation, or wetland manage- consider all of the football games that ment. winning streak in all of college foot- they have won, as well as the gradua- ball, with 23 consecutive victories. SEC. 3. NO DETRIMENTAL EFFECT ON FLOOD tion rate and the kind of academics PLAIN. With winning streaks like these, it is that they display, he has to indeed be For the project, St. Louis County, Mis- no shock that Larry Kehres has the proud. I am proud for him. souri, shall ensure that the project is con- best career winning percentage in any Mr. Speaker, I urge passage of this structed, operated, and maintained in such a division level of college football ever, resolution. manner that would not cause any future ad- with a remarkable record of 246 wins, Mr. Speaker, I yield back the balance ditional flood damage that would not have 20 losses, and 3 ties. That is a remark- of my time. occurred without the project. Prior to con- able record. The SPEAKER pro tempore. The structing the project, St. Louis County or its Along with such incredible regular question is on the motion offered by assignee must identify and agree to restrict a nearby parcel of land of equal or greater season records, the Purple Raiders the gentleman from Illinois (Mr. size to the deed restricted land used for the have also won nine NCAA Division III DAVIS) that the House suspend the project so that such parcel is maintained for championships, 17 Ohio Athletic Con- rules and agree to the resolution, H. open space, recreation, or wetland manage- ference titles to go along with 15 per- Res. 103. ment.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4722 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 SEC. 4. LIABILITY FOR FLOOD DAMAGE. application of FEMA law and regula- homes to prevent future flood losses. The Federal Government shall not be lia- tion, but the project didn’t fit any of The bill requires St. Louis County to ble for future flood damage that is caused by the historic examples or exceptions. So ensure that this project will not cause the project. St. Louis County, Missouri, or its assignee shall be liable for any future the State and the county both are future flood damage. If there is flood flood damage that is caused by the project. seeking a waiver of the easement so damage caused by this project, the bill SEC. 5. NO FUTURE DISASTER ASSISTANCE. that both entities can proceed with assigns liability to St. Louis County. The deed-restricted property described in construction of a road that will create This property will remain permanently section 1 is not eligible for any future dis- access to a complex development ineligible for Federal disaster assist- aster assistance from any other Federal project of housing, retail, commercial ance. The Federal interest in reducing source. space and open and recreational space. Federal disaster costs remains pro- The SPEAKER pro tempore. Pursu- Now, this project itself is not within tected. ant to the rule, the gentleman from nor will it be built anywhere on re- This project is not setting precedent. Minnesota (Mr. OBERSTAR) and the gen- stricted property, property restricted In the past, exceptions have been made tleman from Wisconsin (Mr. PETRI) by FEMA under the Hazard Mitigation to allow for road and public works de- each will control 20 minutes. Grant Program funds. And to be sure velopment on deed restricted prop- The Chair recognizes the gentleman that there are no escape clauses or es- erties. from Minnesota. cape hatches, if you will, the bill in- Mr. Speaker, I reserve the balance of GENERAL LEAVE cludes requirements to ensure that the my time. Mr. OBERSTAR. Mr. Speaker, I ask road authorized to be developed will Mr. OBERSTAR. Mr. Speaker, I yield unanimous consent that all Members not increase the danger of flooding and myself 30 seconds. may have 5 legislative days in which to that the road will not subject the Fed- Mr. Speaker, I want to express my revise and extend their remarks on the eral Government to any additional ex- great appreciation to the gentleman bill, H.R. 1129. posure or liability. from Wisconsin and to the staff on the The SPEAKER pro tempore. Is there The bill requires the county in which Republican side for their splendid co- objection to the request of the gen- the road will be constructed, and that operation throughout the crafting of tleman from Minnesota? is St. Louis County, Missouri, we have this legislation. It took a great deal of There was no objection. time and effort to get to this point and Mr. OBERSTAR. Mr. Speaker, I yield one also in Minnesota, to ensure that it was a bipartisan initiative. We very myself such time as I may consume. the construction, operation and main- Mr. Speaker, the legislation before us tenance of the road will not cause any much appreciate their consideration. would authorize St. Louis County, Mis- future additional flood damage that Mr. PETRI. Mr. Speaker, I thank the souri, to build a road over three-tenths would not have occurred without the chairman of our committee, and I yield of an acre of deed-restricted property. project. It is very important to spell back the balance of my time. The road that they would build will those conditions out. Mr. OBERSTAR. I yield such time as lead to a development project along The bill also requires the county or he may consume to the gentleman the Mississippi River adjacent to St. its assignee to mitigate the project by from Missouri (Mr. CARNAHAN), the au- Louis. adding to the flood protection area a thor of the legislation, and within In the aftermath of the 1993 Mis- nearby parcel of land of equal or great- whose district this project and develop- sissippi River flood, which many of us er size to the deed-restricted land used ment will occur. I also want to express can vividly remember, and I recall so for the road. my appreciation and perhaps admira- much part of that tragedy our then Further, the bill provides that the tion for his persistence in following majority leader, Mr. Gephardt, passing Federal Government shall not be liable through on this very difficult, complex sandbags down along the riverfront to for future flood damage that may be initiative. The gentleman has certainly halt the onslaught of the river, it was caused by the project and that the worked hard on behalf of his constitu- a very compelling moment in flood his- county will be liable for such damage. ency. tory in America. St. Louis was particu- The bill also provides that the deed Mr. CARNAHAN. Chairman OBER- larly hard hit. restricted property on which the road STAR, thank you and Ranking Member FEMA, under the Hazard Mitigation will be built, and only the road, will MICA and the gentleman from Wis- Grant Program, acquired property, not be eligible for any future disaster consin here today for working with me took it out of development and pro- assistance from any other Federal to move this important legislation tected the floodplain from development source. along. Also, special thanks to your for uses that would be inconsistent I think with those very precise, very staff and committee staff on both sides with the need to protect the area carefully crafted constraints, we can that have been helpful in moving this against flood. and should approve this legislation to legislation. On behalf of myself and the FEMA requires that properties pur- allow the other development to go for- citizens the Third District in Missouri, chased under the Hazard Mitigation ward, a development that is not within I want to thank them all. Grant Program be maintained in per- the hazard area. This bill, H.R. 1129, means a great petuity for uses consistent with open Mr. Speaker, I reserve the balance of deal to the congressional district I rep- space, recreation or wetlands manage- my time. resent in Lemay, St. Louis County, ment. The law generally does not allow Mr. PETRI. Mr. Speaker, I yield my- Missouri. It will allow the construc- new structures to be built on such self such time as I may consume. tion, maintenance and operation of a property, but exceptions are permitted Mr. Speaker, the bill before us, H.R. road to a community in South St. under existing law, including projects 1129, introduced by Representative Louis County hard hit by the great preapproved in writing by the director RUSS CARNAHAN of Missouri, provides flood of 1993. This Lemay Connector of FEMA. FEMA has promulgated reg- for the construction, operation and Road, as it is called, is vital to the ulations to spell out those restrictions. maintenance of an arterial road in St. long-term recovery of that community. The property which is the subject of Louis County, Missouri, over deed-re- It will bring badly needed jobs and tax this legislation, was not purchased stricted property and requires that revenues to the area, support the with hazard mitigation funds, but with county to restrict a nearby parcel of cleanup of brownfields sites, and create Community Development Block Grant land for open space, recreation or wet- new parks and recreational opportuni- funds. But those funds were subjected land management. The bill allows con- ties. to the same FEMA Hazard Mitigation struction of a surface road across prop- The transformation taking place in Grant Program easement restrictions erty purchased with Federal funds. this area is the type communities for open space. Following the 1993 Midwest floods, dream about, turning environmentally All parties tried in the current situa- this property was purchased for the contaminated idle property into hun- tion to find an exception in the historic purpose of clearing the floodplain of dreds of millions of dollars in economic

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4723 development, thousands of new jobs, Notre Dame High School, Metropolitan rules were suspended and the bill was and wonderful recreational opportuni- Sewer District, St. Louis Enterprise passed. ties alongside a national treasure, the Center in South County, Lemay Child A motion to reconsider was laid on Mississippi River. and Family Center, Jefferson Barracks the table. In 1993, Lemay, Missouri, just south National Cemetery, and a park and f of St. Louis, was hard hit by the flood planned military history complex. In ST. JOSEPH MEMORIAL HALL of 1993. In the aftermath, Community addition, park areas include the Black CONVEYANCE ACT Development Block Grant funds were Forest Park, Lemay Park, and the used to acquire certain parcels of land Great Rivers regional system of inter- Mr. OBERSTAR. Mr. Speaker, I move which carried with them FEMA deed connected parks and trails. to suspend the rules and pass the bill restrictions. St. Louis County has The bill costs the Federal Govern- (H.R. 494) to provide for the conditional since acquired the land, but deed re- ment nothing. The cost of the road will conveyance of any interest retained by strictions still apply. be incurred by the county in coopera- the United States in St. Joseph Memo- Years ago, this area was home to tion with local developers. This legisla- rial Hall in St. Joseph, Michigan, as businesses providing thousands of jobs tion has broad bipartisan support in amended. for this community. Unfortunately, by- Missouri and here in the Congress The Clerk read as follows: products heavily polluted the area, and among our congressional delegation, H.R. 494 since the closure of businesses, four including my Missouri colleague on the Be it enacted by the Senate and House of Rep- specific sites, including the former Na- Transportation Committee, Mr. resentatives of the United States of America in tional Lead Site, which closed in 1978, GRAVES. The legislation specifically Congress assembled, the Carondolet Coke site, which closed authorizes the Lemay connective road SECTION 1. CONVEYANCE OF RETAINED INTER- in 1992, the Stupp Brothers site, which to be built over deed-restricted parcels EST IN ST. JOSEPH MEMORIAL HALL. of land. (a) IN GENERAL.—Subject to the terms and closed in 1998, and the National Imag- conditions of subsection (c), the Adminis- ing and Mapping Agency site, closed in In an attempt to avoid the same dis- astrous consequences of the flood of trator of General Services shall convey to 1994, have since been designated as the city of St. Joseph, Michigan, by quit- 1993, the bill requires the county to brownfields. Thankfully, clean up and claim deed, any interest retained by the redevelopment of the land will come to take appropriate flood mitigation ef- United States in St. Joseph Memorial Hall. fruition as the Lemay connector road forts upon constructing the road. It is (b) ST. JOSEPH MEMORIAL HALL DEFINED.— the intent of Congress that prior to is built. In this section, the term ‘‘St. Joseph Memo- constructing the road, adjacent or rial Hall’’ means the property subject to a Since 1993, the Federal Government nearby land of approximately equal conveyance from the Secretary of Commerce has invested more than $33 million in size and value of the easement nec- to the city of St. Joseph, Michigan, by quit- South St. Louis City and County re- essary to build the road, about 0.3 claim deed dated May 9, 1936, recorded in gion for the purpose of revitalizing acres, will be designated for open Liber 310, at page 404, in the Register of these communities. In addition, the Deeds for Berrien County, Michigan. space, recreational use, or wetlands State and local community have come (c) TERMS AND CONDITIONS.—The convey- management. ance under subsection (a) shall be subject to together to plan the redevelopment of Finally, consistent with existing law, this area. Plans include new busi- the following terms and conditions: the Federal Government will not be (1) CONSIDERATION.—As consideration for nesses, which will generate thousands liable for any flooding caused by the the conveyance under subsection (a), the city of new jobs, a bandshell, ice skating construction, maintenance and oper- of St. Joseph, Michigan, shall pay $10,000 to rink, bowling alley, multi-screen movie ation of the road. the United States. complex, a new county park with soc- My colleagues, this is a good bill that (2) ADDITIONAL TERMS AND CONDITIONS.— cer and baseball fields. The proposed will have remarkably positive impacts The Administrator may require such addi- Lemay connector road will provide ac- tional terms and conditions for the convey- on the Lemay community in Missouri. ance under subsection (a) as the Adminis- cess to all this, the four abandoned I urge your support and passage of H.R. brownfield sites, and complete the link trator considers appropriate to protect the 1129. interests of the United States. to the Great Rivers Greenway regional I want to conclude by giving special The SPEAKER pro tempore. Pursu- ring of trails. thanks to our St. Louis County execu- ant to the rule, the gentleman from In 2003, the Missouri Department of tive, Charlie Dooley, and his staff in Minnesota (Mr. OBERSTAR) and the gen- Transportation conducted a federally St. Louis County, and all those work- tleman from Wisconsin (Mr. PETRI) funded survey with regard to the area ing with the county for their impres- and decided it was one of the top prior- each will control 20 minutes. sive work on this project. The Chair recognizes the gentleman ities for the region. I can’t wait to travel on the new from Minnesota. b 1645 Lemay connector road, to take a tour of the newly opened businesses, com- GENERAL LEAVE The planned road is authorized by munity center, and take a bike ride Mr. OBERSTAR. Mr. Speaker, I ask this legislation and has been identified along the Great Rivers Greenway. unanimous consent that all Members by means of an environmental assess- Mr. PETRI. Mr. Speaker, I yield back may have 5 legislative days in which to ment as the environmentally preferred the balance of my time. revise and extend their remarks on the route. Mr. OBERSTAR. Mr. Speaker, I cer- bill, H.R. 494. The road is considered safe by the tainly look forward to doing a bike ride The SPEAKER pro tempore. Is there Missouri Department of Transpor- along that area, if it is a long enough objection to the request of the gen- tation, has been endorsed by its offi- road, and look forward to the project tleman from Minnesota? cials, and also the local police and fire moving forward with the construction There was no objection. departments, because it will enable of this road and the development and Mr. OBERSTAR. Mr. Speaker, I yield city and county to reduce first re- the investment and the job creation myself such time as I may consume. sponder times. Most importantly, the that the gentleman has cited. This bill authorizes conditional con- planned road has the unwavering sup- Mr. Speaker, I yield back the balance veyance of any interest retained by the port of community leaders. of my time. United States in St. Joseph Memorial In addition to the public access bene- The SPEAKER pro tempore. The Hall in St. Joseph, Michigan, to the fits already stated, the road will in- question is on the motion offered by city of St. Joseph, Michigan. In the clude dedicated bicycle paths and side- the gentleman from Minnesota (Mr. 109th Congress, an identical bill was in- walks, and provide improved access to OBERSTAR) that the House suspend the troduced, moved through committee, schools, community institutions and rules and pass the bill, H.R. 1129. and passed the House as H.R. 4700. Un- parks, and I want to name a few in the The question was taken; and (two- fortunately, no action was taken on area: Hancock Place School District, thirds being in the affirmative) the that bill by the other body.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4724 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 The bill would complete a land trans- have been lifted. If not lifted, limita- Americans can also take action to modify, fer between the Federal Government tions on this tiny parcel of land located treat or control by changing their lifestyle and the city of St. Joseph, Michigan, in the center of the redevelopment will or seeking appropriate medical treatment: that is very long standing. It goes back significantly jeopardize the city’s plan. individual response to stress, excessive con- The bill before us is a commonsense sumption of alcoholic beverages, use of cer- to 1935. The city in that year received tain illegal drugs, and hormone replacement a nonhistoric building and property solution that will allow the city of St. therapy; with a restriction limiting use of the Joseph to proceed with redevelopment. Whereas more than 72 million adult Ameri- property to a public park. In 1954, the In the 109th Congress, the House recog- cans have high blood pressure; public use restriction was lifted on the nized this as a sensible, simple solution Whereas more than 36.6 million Americans parcel just north of the building and passed the same language in H.R. have cholesterol levels of 240 mg/dL or high- through Public Act 348. 4700. I support this measure, and I urge er, the level at which it becomes a major H.R. 494, the bill presently before us my colleagues to do the same. risk factor; Whereas an estimated 46 million Ameri- and its predecessor in the last Con- Mr. Speaker, I yield back the balance of my time. cans put themselves at risk for heart disease gress, conveys to the city of St. Joseph every day by smoking cigarettes; any interest in St. Joseph Hall that is Mr. OBERSTAR. Mr. Speaker, I yield back the balance of my time. Whereas data released by the Centers for retained by the United States. This Disease Control and Prevention shows that The SPEAKER pro tempore. The legislation has the effect of removing more than 60 percent of American adults do question is on the motion offered by the restriction requiring use of the not get enough physical activity, and more the gentleman from Minnesota (Mr. property for a park. than 25 percent are not physically active at OBERSTAR) that the House suspend the City officials have asked for this all; rules and pass the bill, H.R. 494, as Whereas 66 percent of adult Americans are transfer in order to permit the city to amended. overweight or obese; complete a redevelopment plan for the The question was taken; and (two- Whereas 20 million adult Americans have downtown that would utilize this par- thirds being in the affirmative) the diabetes and 65 percent of those so afflicted cel of land and the building. The city is rules were suspended and the bill, as will die of some form of heart disease; further prepared to pay $10,000 to the amended, was passed. Whereas the American Heart Association General Services Administration for A motion to reconsider was laid on projects that in 2007 1.2 million Americans will have a first or recurrent heart attack the transfer. the table. This legislation has been advocated and 452,000 of these people will die as a re- by the gentleman from Michigan (Mr. f sult; SUPPORTING THE GOALS AND Whereas in 2007 approximately 700,000 UPTON) who has been very persevering Americans will suffer a new or recurrent in pursuit of this legislation. I have IDEALS OF AMERICAN HEART stroke and 150,000 of these people will die as come to know the gentleman from MONTH a result; Michigan very well personally through Mr. PALLONE. Mr. Speaker, I move Whereas advances in medical research have our work on Great Lakes issues and on to suspend the rules and agree to the significantly improved our capacity to fight the U.S.-Canada Interparliamentary concurrent resolution (H. Con. Res. 52) heart disease by providing greater knowledge Group in which we have both partici- supporting the goals and ideals of about its causes, innovative diagnostic tools pated. He is very earnest about this to detect the disease, and new and improved American Heart Month. treatments that help people survive and re- project, and has been a very effective The Clerk read as follows: cover from this disease; advocate for it. I am hopeful that with H. CON. RES. 52 Whereas the Congress by Joint Resolution our action again in this body that we Whereas heart disease affects adult men approved on December 30, 1963, (77 Stat. 843; will be able to persuade the other body and women of every age and race in the 36 U.S.C. 101) has requested that the Presi- to move forthwith on the legislation United States; dent issue an annual proclamation desig- and get it enacted. Whereas heart disease continues to be the nating February as ‘‘American Heart Mr. Speaker, I reserve the balance of leading cause of death in the United States; Month’’; and my time. Whereas an estimated 79 million adult Whereas every year since 1964 the Presi- Mr. PETRI. Mr. Speaker, I yield my- Americans, nearly one in every 3, have 1 or dent has issued a proclamation designating more types of heart disease, including high the month February as ‘‘American Heart self such time as I may consume. blood pressure, coronary heart disease, con- Month’’: Now, therefore, be it Mr. Speaker, the bill before us, intro- gestive heart failure, stroke, and congenital Resolved by the House of Representatives (the duced by the gentleman from Michigan heart defects; Senate concurring), That the Congress— (Mr. UPTON) on January 16, 2007, con- Whereas extensive clinical and statistical (1) supports the goals and ideals of Amer- veys the final interest retained by the studies have identified major and contrib- ican Heart Month; United States in St. Joseph Memorial uting factors that increase the risk of heart (2) invites the chief executive officers of Hall in St. Joseph, Michigan. disease; the States, territories, and possessions of the St. Joseph, Michigan, is in the proc- Whereas these studies have identified the United States to issue proclamations desig- following as major risk factors that cannot nating American Heart Month and recog- ess of redeveloping an area of town be changed: age (the risk of developing heart nizing the goals and ideals of American that will link downtown with the beau- disease gradually increases as people age; ad- Heart Month; tiful lakefront district. Removing the vanced age significantly increases the risk); (3) commends the efforts of States, terri- deed restriction will allow St. Joseph gender (men have greater risk of developing tories and possessions of the United States, to create a recreational, educational, heart disease than women); and heredity localities, non-profit organizations, busi- and cultural district that benefits the (children of parents with heart disease are nesses, and other entities, and the people of entire community. more likely to develop it themselves; African the United States who support the goals and This redevelopment will make the Americans have more severe high blood pres- ideals of American Heart Month; city a more attractive place to work, sure than Caucasians and therefore are at (4) recognizes and reaffirms our Nation’s higher risk; the risk is also higher among commitment to fighting heart disease by live and play while improving the local Latina Americans, some Asian Americans, promoting awareness about its causes, risks, economy. and Native Americans and other indigenous and prevention and by promoting new edu- H.R. 494 will allow St. Joseph Memo- populations); cation programs, supporting research, and rial Hall to be incorporated into these Whereas these studies have identified the expanding access to medical treatment; redevelopment plans. Under the cur- following as major risk factors that Ameri- (5) recognizes all Americans battling heart rent restriction, redevelopment of the cans can modify, treat or control by chang- disease, expresses gratitude to their family area may be impeded by a deed restric- ing their lifestyle or seeking appropriate members and friends who are a source of love tion placed on the property by the Fed- medical treatment: high blood pressure, high and encouragement to them as they combat blood cholesterol, smoking tobacco products this disease, and salutes the health care pro- eral Government more than 70 years and exposure to tobacco smoke, physical in- fessionals and medical researchers who pro- ago. The deed restriction on Memorial activity, obesity, and diabetes mellitus; vide assistance to those so afflicted and con- Hall has remained despite the fact that Whereas these studies have identified the tinue to work to find cures and improve similar deed restrictions in the city following as contributing risk factors that treatments; and

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4725 (6) encourages each and every American to Mr. Speaker, I reserve the balance of third of all the 2.4 million deaths in the take to heart the four simple healthy life, my time. United States in 2004. Cardiovascular healthy heart goals identified by the Mr. SULLIVAN. Mr. Speaker, I yield disease accounts for more deaths than HealthierUS Initiative of the U.S. Depart- myself such time as I may consume. any other single cause of death in the ment of Health and Human Services: exercise Mr. Speaker, I rise today in support regularly and maintain a healthy weight; de- United States. Nearly 2,400 Americans velop good eating habits; avoid tobacco prod- of H. Con. Res. 52, a resolution sup- die of cardiovascular disease each day, ucts, drugs and excessive alcohol; and have porting the goals and ideals of Amer- an average of one death each 36 sec- regular medical checkups to take advantage ican Heart Month. I commend Ms. onds. of screenings that can detect heart-disease MILLENDER-MCDONALD for her efforts The estimated direct and indirect related problems early. in bringing this resolution to the floor. costs of cardiovascular disease in 2007 The SPEAKER pro tempore. Pursu- Beginning in 1964, the President has are $431.8 billion. Heart disease is a sig- ant to the rule, the gentleman from issued a proclamation every year desig- nificant factor in driving up medical New Jersey (Mr. PALLONE) and the gen- nating the month of February as Amer- costs in the United States. About two- tleman from Oklahoma (Mr. SULLIVAN) ican Heart Month. It is important to thirds of unexpected cardiac deaths each will control 20 minutes. recognize the need for greater heart occur without prior recognition of car- The Chair recognizes the gentleman health. Heart disease is the leading diac disease. from New Jersey. cause of death in America. This year This is an important point to under- GENERAL LEAVE alone, over 1.2 million Americans are score, and it highlights the need for Mr. PALLONE. Mr. Speaker, I ask expected to experience a heart attack. American Heart Month. Public edu- unanimous consent that all Members American Heart Month renews the cation can help raise awareness, en- may have 5 legislative days to revise need to recognize and respond to symp- courage preventive measures, discour- and extend their remarks and include toms of heart damage. age unhealthy behaviors and persuade extraneous material on the bill under Great work is being done by the more Americans to get regular medical consideration. American Heart Association to reach exams. By doing so, we will be able to The SPEAKER pro tempore. Is there out into communities and help provide reduce the incidences of heart disease. objection to the request of the gen- instructional programs on heart dis- We can lower those numbers that I tleman from New Jersey? ease. It is important to have policies in have just mentioned, but we can also There was no objection. place that ensure access to screening, improve and extend the lives of real Mr. PALLONE. Mr. Speaker, I yield referral, and counseling services for people, our family members, friends myself such time as I may consume. stroke and heart disease risk factors. and neighbors. That is what American Mr. Speaker, I rise in support of H. I believe Congress should continue to Heart Month is all about. Con. Res. 52 supporting the goals and support the goals of American Heart We know the risk factors that lead to ideals of American Heart Month. Feb- Month. This resolution is important in heart disease: high blood pressure, high ruary is American Heart Month, and that it continues to encourage Ameri- blood cholesterol, tobacco use, physical each year since 1963 Congress has cans to take a healthy approach to liv- inactivity, unhealthy diet, obesity and charged the President to claim Feb- ing and protecting their hearts. diabetes. ruary American Heart Month. Mr. Speaker, I yield back the balance Cigarette smoking results in a two- The goal of American Heart Month is of my time. to threefold increased risk of dying to raise funds, conduct research, and Mr. PALLONE. Mr. Speaker, I yield 5 from coronary heart disease. promote education about heart disease minutes to the gentlewoman from Illi- We also know the way to manage and stroke. nois (Ms. SCHAKOWSKY). risk and prevent heart disease: regular Ms. SCHAKOWSKY. Mr. Speaker, I According to the Centers for Disease exercise and maintaining a healthy thank the gentleman for yielding to me Control and Prevention, heart disease weight; healthy eating habits; avoid- on this important issue. is the leading cause of death in the ance of tobacco, drugs and excessive al- On December 30, 1963, Congress re- United States and the major cause of cohol; getting regular checkups to be quested that the President issue an an- disability. The most common heart dis- screened for signs of heart disease risk. nual proclamation designating Feb- ease in the U.S. is coronary heart dis- American Heart Month is particu- ruary as American Heart Month. House ease, which often first appears as a larly important in getting the word out Concurrent Resolution 52, supporting heart attack. Almost 1.2 million people to those who are disproportionately af- the goals and ideals of American Heart in the U.S. will have a heart attack fected by heart disease and who too Month, reaffirms the Federal Govern- and about 700,000 people die of heart often fail to receive the treatment they ment’s commitment to fighting heart disease annually. need. Women and minorities may have disease, recognizes Americans strug- Each of us should continue to take atypical symptoms when suffering a gling with this illness, and encourages steps to prevent and control factors heart attack or angina, and if they are Americans to take preventive measures that put us at greater risk. Prevention sent home undiagnosed, they are about to protect themselves from heart dis- measures certainly help to reduce the twice as likely to die from these symp- ease. risks for heart disease and its effects. toms as those who are admitted. Additionally, knowing the signs and b 1700 Heart disease is the number one kill- symptoms of heart attack are crucial I want to recognize the sponsor of er of women in this country, claiming to the most positive outcomes after this resolution, Representative JUA- over 349,000 American women each having a heart attack. Recognizing and NITA MILLENDER-MCDONALD, and thank year. Raising awareness and improving responding quickly to symptoms and her for her leadership on this and other treatment and screening can save receiving appropriate care can limit critical health issues. many lives. heart damage. People who have sur- Over 79 million, or one in three, Forty-two percent of women who vived a heart attack can also work to American adults have cardiovascular have heart attacks die within 1 year, reduce their risk of another heart at- disease, including high blood pressure, compared with 24 percent of men. This tack or a stroke in the future. Re- coronary heart disease, heart failure, may be because, on average, women are search has shown a healthy diet and stroke and congenital cardiovascular older than men when they have a heart life style are the best weapons you defects. attack. It also may be because heart have to fight heart disease. The lifetime risk for cardiovascular disease is not typically diagnosed as or I would like to thank the gentle- disease for an individual aged 40 is two treated as aggressively as that in men. woman from California (Ms. in three of men, and over one in two for Cardiovascular disease, including MILLENDER-MCDONALD) for her work on women. heart disease, hypertension, and this issue. I certainly urge my col- Cardiovascular disease was the un- stroke, is the number one killer of leagues to support H. Con. Res. 52. derlying cause of death for well over a women in the United States. Experts

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4726 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 estimate that one in two will die of of tobacco, drugs and excessive alcohol; and Whereas the Hydrocephalus Association is heart disease or stroke, compared with regular checkups and screenings. one of the Nation’s oldest and largest patient one in 25 of women who will die of Mr. Speaker, we must not allow heart dis- and research advocacy and support networks breast cancer. ease to become a silent killer. Let us support for individuals suffering from hydrocephalus: Now, therefore, be it Existing heart disease is undiagnosed the goals and ideals of American Heart Month. Resolved by the House of Representatives (the in half of women who have a first heart I thank my colleague, Representative Senate concurring), That— attack. MILLENDER-MCDONALD for introducing this im- (1) the Congress commends the Director of Management of chest pains differ by portant legislation. I urge my colleagues to join the National Institutes of Health for work- sex and race. Men are more likely than me in supporting H. Con. Res. 52. ing with leading scientists and researchers women to receive definitive diagnoses Mr. PALLONE. Mr. Speaker, I yield to organize the first-ever National Institutes of angina as opposed to vague chest back the balance of my time. of Health conference on hydrocephalus; and pain. Women and blacks typically re- The SPEAKER pro tempore. The (2) it is the sense of the Congress that— (A) the Director of the National Institutes ceive fewer cardiovascular medications question is on the motion offered by of Health should continue the current col- than men and whites. the gentleman from New Jersey (Mr. laboration with respect to hydrocephalus Lack of studies on women limits use- PALLONE) that the House suspend the among the National Eye Institute; the Na- fulness of research on coronary heart rules and agree to the concurrent reso- tional Human Genome Research Institute; disease. Although CHD causes more lution, H. Con. Res. 52. the National Institute of Biomedical Imag- than 250,000 deaths in women each The question was taken. ing and Bioengineering; the National Insti- year, much of the research on CHD in The SPEAKER pro tempore. In the tute of Child Health and Human Develop- the last 20 years has either excluded opinion of the Chair, two-thirds being ment; the National Institute of Neurological women or included very few women. As in the affirmative, the ayes have it. Disorders and Stroke; the National Institute a result, many of the tests and thera- on Aging; and the Office of Rare Diseases; Mr. PALLONE. Mr. Speaker, on that (B) further research into the epidemiology, pies used to treat women for CHD are I demand the yeas and nays. pathophysiology, disease burden, and im- based on studies conducted predomi- The yeas and nays were ordered. proved treatment of hydrocephalus should be nantly in men and may not be as effec- The SPEAKER pro tempore. Pursu- conducted or supported; and tive in women. ant to clause 8 of rule XX and the (C) public awareness and professional edu- Again, I want to thank Representa- Chair’s prior announcement, further cation regarding hydrocephalus should in- tive MILLENDER-MCDONALD for her proceedings on this question will be crease through partnerships between the leadership, and I urge all of my col- postponed. Federal Government and patient advocacy organizations, such as the Hydrocephalus As- leagues to support H. Con. Res. 52. f Ms. JACKSON-LEE. Mr. Speaker, I rise in sociation. support of H. Con. Res. 52, to support the EXPRESSING SENSE OF CONGRESS The SPEAKER pro tempore. Pursu- goals and ideals of American Heart Month. REGARDING NEED FOR ADDI- ant to the rule, the gentleman from The leading cause of death in the United TIONAL RESEARCH INTO HYDRO- New Jersey (Mr. PALLONE) and the gen- States is not murder or gang violence or any CEPHALUS tleman from Oklahoma (Mr. SULLIVAN) other violent crime; it is heart disease. The Mr. PALLONE. Mr. Speaker, I move each will control 20 minutes. statistics are staggering. One-third of adult to suspend the rules and agree to the The Chair recognizes the gentleman Americans have 1 or more of the following concurrent resolution (H. Con. Res. 74) from New Jersey. heart diseases: high blood pressure, coronary expressing the sense of the Congress re- GENERAL LEAVE heart disease, congestive heart failure, stroke, garding the need for additional re- Mr. PALLONE. Mr. Speaker, I ask and congenital heart defects. While some of search into the chronic neurological unanimous consent that all Members the major risk factors of heart disease like ad- condition hydrocephalus, and for other may have 5 legislative days to revise vanced age, gender, and heredity cannot be purposes. and extend their remarks and include changed, minorities are at a greater risk than The Clerk read as follows: extraneous material on the bill that we are considering. whites to die from heart disease and die at H. CON. RES. 74 higher rates. Heart disease also is devastating The SPEAKER pro tempore. Is there Whereas hydrocephalus is a serious neuro- objection to the request of the gen- to women. In 2003 a total of 685,089 people logical condition, characterized by the ab- tleman from New Jersey? died of heart disease; 51 percent of these vic- normal buildup of cerebrospinal fluids in the There was no objection. tims were women. Nearly twice as many ventricles of the brain; Whereas there is no known cure for hydro- Mr. PALLONE. Mr. Speaker, I yield women in the United States die of heart dis- myself such time as I may consume. ease and stroke as from all forms of cancer, cephalus; Whereas hydrocephalus affects an esti- I rise in support of H. Con. Res. 74, including breast cancer. expressing the sense of the Congress re- Turning to African Americans, the numbers mated one million Americans; Whereas 1 or 2 in every 1000 babies are born garding the need for additional re- are even more shocking. Out of the five larg- with hydrocephalus; search into the chronic neurological est U.S. racial/ethnic groups, the death rate of Whereas over 375,000 older Americans have condition hydrocephalus. 300 per 100,000 population for African Ameri- hydrocephalus, which often goes undetected Hydrocephalus simply means water cans is the highest. or is misdiagnosed as dementia, Alzheimer’s on the brain. The term ‘‘hydro- It is essential for all Americans to be aware disease, or Parkinson’s disease; cephalus’’ defines a condition charac- of the risk factors associated with heart dis- Whereas with appropriate diagnosis and terized by an excessive accumulation ease and to take the necessary precautions to treatment, people with hydrocephalus are able to live full and productive lives; of fluid in the brain. This buildup of reduce those risks. Fortunately, there are fluid inside the skull causes the brain things Americans can do to reduce the risk of Whereas the standard treatment for hydro- cephalus was developed in 1952, and carries to swell, infections of the nervous sys- heart disease. They can reduce stress, in- multiple risks including shunt failure, infec- tem, lesions or tumors of the brain or crease physical activity, consume alcoholic tion, and overdrainage; spinal cord, and decreased mental func- beverages in moderation, refrain from using il- Whereas there are fewer than 10 centers in tion among other symptoms. legal drugs or smoking or hormone replace- the United States specializing in the treat- The causes of hydrocephalus are not ment therapy. ment of adults with normal pressure hydro- all well understood. It may result from Mr. Speaker, I support H. Con. Res. 52 be- cephalus; genetic inheritance or developmental cause we need to take the steps necessary to Whereas each year, the people of the disorders. Other possible causes include encourage Americans to fight the causes of United States spend in excess of $1 billion to complications of premature birth, dis- heart disease and to take to heart the four treat hydrocephalus; Whereas a September 2005 conference spon- eases or infections caught before birth, simple ‘‘healthy life, healthy heart goals’’ iden- sored by 7 institutes of the National Insti- and injury before, during or after child- tified by the Healthier US initiative of the U.S. tutes of Health—‘‘Hydrocephalus: Myths, birth. Department of Health and Human Services: New Facts, Clear Directions’’—resulted in ef- Hydrocephalus is believed to affect Regular exercise regularly and maintain a forts to initiate new, collaborative research approximately one in every 500 chil- healthy weight; good eating habits; avoidance and treatment efforts; and dren. At present, most of these cases

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4727 are diagnosed prenatally, at the time drocephalus is an abnormal buildup of search into this very serious and im- of delivery, or in early childhood. Ad- fluid in the brain, and it affects nearly portant condition and we can bring vances in diagnostic imaging tech- 1 million Americans. Without treat- about improved treatment to those in- nology allow more accurate diagnoses ment, hydrocephalus is fatal, but when dividuals who are affected by this very, in individuals with atypical presen- treated, most people with this condi- very serious and debilitating condition. tations, including adults with condi- tion can lead full and productive lives. Ms. PELOSI. Mr. Speaker, I rise in strong tions such as normal pressure hydro- I became aware of this condition support of H. Con. Res. 74 which has been in- cephalus. through a constituent and a friend of troduced by my colleague from California, The National Institute of Neuro- mine, Cynthia Solomon, who has a Congressman MIKE THOMPSON, and co-spon- logical Disorders and Stroke, a part of family member who suffers from this sored by Democratic and Republican Mem- the National Institutes of Health, is condition. Cynthia struggled to find in- bers alike. the leading support of research on hy- formation about hydrocephalus and H. Con. Res. 74 encourages additional sup- drocephalus within the Federal Gov- wanted to connect with other affected port for research into the prevention and treat- ernment. NINDS works collaboratively families. So she cofounded the first pa- ment of the neurological condition hydro- with other institutes at NIH to further tient advocacy organization for this cephalus. It is a chronic medical condition research on the influence of hydro- condition, the Hydrocephalus Associa- that, like other conditions affecting a relatively cephalus on development and on the tion. small number of people, receives inadequate more general issue of the effect of As anyone who has been affected by attention and resources, which delays re- early brain injury. The knowledge this condition can tell you, the symp- search that could achieve great break- gained from this research will foster toms are many and they vary from per- throughs. Passage of H. Con. Res. 74 will hope for new methods to treat and pre- son to person. Excess fluid in the brain demonstrate the support of the Congress for vent developmental brain disorders can cause head enlargement, blurred aggressive research to find improved methods such as hydrocephalus. vision, seizures, learning disabilities for detecting and treating hydrocephalus not I would like to thank Congressman and impaired physical development. In only among children, but within the increas- MIKE THOMPSON of California for his older adults, symptoms can mimic de- ingly large number to adults who are affected work to bring this resolution before us mentia, Alzheimer’s disease and Par- by late onset of the condition. today, and I would urge my colleagues kinson’s disease, often leading to a I am especially proud that the Hydro- to support H. Con. Res. 74. misdiagnosis and a delay in receiving cephalus Association is headquartered in my Mr. Speaker, at this time I reserve critical and proper treatment. congressional district in San Francisco, and the balance of my time. Doctors do not yet understand the that the couple whose pioneering efforts have Mr. SULLIVAN. Mr. Speaker, I yield specific causes of hydrocephalus. How- encouraged and supported so many people myself as much time as I may con- ever, the current treatment was devel- with hydrocephalus and their families are San sume. oped back in 1952 and involves sur- Franciscans—Emily and Russell Fudge, as is I stand here today in support of this gically inserting a shunt into the the Association’s Executive Director, Dory resolution, House Concurrent Resolu- brain. This carries serious risk of shunt Kranz. Under their leadership, together with the tion 74, addressing the need for addi- failure, infection and obstructions. board composed of leading physicians and re- tional research into the chronic neuro- Overdrainage is also a threat. This can searchers, parents and people with hydro- logical condition hydrocephalus. trigger a vertical collapse, causing cephalus, the Hydrocephalus Association has This disease, for which there is no blood vessels to tear and possibly re- raised public awareness of this condition and cure, affects an estimated 1 million sulting in a subdural hematoma. the enormous impact it has on over one mil- Americans. Often the symptoms of hy- Improvement in this treatment is lion Americans. Because of the medical ad- drocephalus are confused with those of long overdue, and with additional re- vances and the advocacy efforts promoted by dementia, Alzheimer’s disease or Par- search, we can make it happen. the Association, most of these children and The National Institutes of Health kinson’s disease. When the disease is adults are able to lead full and productive lives properly identified, people with hydro- recognizes this need and recently orga- and make enormous contributions to our soci- cephalus are able to live full and pro- nized their first ever conference on hy- ety. ductive lives. drocephalus. This has resulted in ef- These successes have inadvertently com- The National Institutes of Health has forts to initiate new collaborative re- plicated the efforts to advance research, diag- responded to the needs of the hydro- search projects and an expansion of nosis and treatment. The typical surgical treat- cephalus community by working with their focus on the development of new ment—the insertion of a shunt to carry away scientists and researchers to organize a treatments. excessive cerebral fluid from the brain—was conference in September of 2005 called This resolution commends the NIH developed over 50 years ago. Because shunt- ‘‘Hydrocephalus: Myths, New Facts, for their action and encourages them ing has alleviated many of the more grave as- Clear Directions.’’ to continue their collaborative efforts. pects of pre-shunt hydrocephalus, many be- Demonstrating the need for collabo- It also calls for additional research lieve it represents a cure. But it does not. rative research at the National Insti- into this serious condition. Shunt surgery and the frequent repairs, which tutes of Health, seven institutes were However, we cannot depend solely on are well known to those with hydrocephalus able to work together and initiate new Federal efforts to expand awareness and their families, are not only serious oper- research and treatment efforts for hy- about hydrocephalus. I commend the ations, but cost a billion dollars a year, much drocephalus. Hydrocephalus Association and other of which might well be averted with develop- I thank Representative MIKE THOMP- groups for their commitment to pa- ment of advanced treatment strategies. SON for his work in bringing awareness tient advocacy and public education. Promoting additional research through in- to this issue. Partnerships between these groups, creased federal support is the goal of this res- Mr. Speaker, I yield back the balance health care providers and the govern- olution. Those advances will benefit not only of my time. ment will bring us closer to our com- those with hydrocephalus, but will help to re- Mr. PALLONE. Mr. Speaker, I am mon goal: improved treatment of this duce excessive costs in our health care sys- pleased to yield 5 minutes to the gen- condition. tem, and allow hundreds of thousands of peo- tleman from California (Mr. THOMP- I would like to say a special thanks ple with hydrocephalus to live even fuller lives SON), the sponsor of the House concur- to Dory Kranz, who is the current di- freed from the anxieties and costs associated rent resolution. rector of the Hydrocephalus Associa- with shunt failure and related complications. Mr. THOMPSON of California. Mr. tion, for her help in putting this reso- Seven of the institutes of the National Insti- Speaker, I thank the gentleman for lution together and her ongoing work tutes of Health—including the Office of Rare yielding. in this regard. Diseases—sponsored a major national con- I am here today to ask all of my col- I ask my colleagues for their support ference in September 2005 on ‘‘Hydro- leagues to support this resolution. Hy- of this resolution so we can further re- cephalus: Myths, New Facts, Clear Directions’’

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00085 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4728 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 which has encouraged aggressive action in Mr. PALLONE. Mr. Speaker, I have [Roll No. 103] the areas of research and treatment. Now it is no additional requests for time, and I YEAS—411 time for the Congress to join the campaign to yield back the balance of my time. Abercrombie Davis, Lincoln Johnson (GA) expand our understanding of the causes and The SPEAKER pro tempore. The Ackerman Deal (GA) Johnson (IL) modernize the treatment of hydrocephalus. I question is on the motion offered by Aderholt DeGette Johnson, E. B. Akin Delahunt Johnson, Sam call upon my colleagues to support H. Con. the gentleman from New Jersey (Mr. Alexander DeLauro Jones (NC) Res. 74 to encourage our nation’s leading PALLONE) that the House suspend the Allen Dent Jones (OH) medical institutions and researchers to expand rules and agree to the concurrent reso- Altmire Diaz-Balart, L. Jordan their focus on achieving breakthrough re- Andrews Diaz-Balart, M. Kagen lution, H. Con. Res. 74. Arcuri Dicks Kanjorski search in the diagnosis and treatment of hy- The question was taken; and (two- Baca Dingell Kaptur drocephalus. thirds being in the affirmative) the Bachmann Doggett Keller Mr. WAXMAN. Mr. Speaker, I rise in strong rules were suspended and the concur- Bachus Donnelly Kennedy support of H. Con. Res. 74. This resolution will Baird Doolittle Kildee rent resolution was agreed to. Baker Doyle Kilpatrick encourage research into Hydrocephalus, a A motion to reconsider was laid on Baldwin Drake Kind chronic and often devastating neurological the table. Barrett (SC) Dreier King (IA) condition. Barrow Duncan King (NY) Hydrocephalus affects an estimated one mil- f Bartlett (MD) Edwards Kirk lion Americans—which classifies it as a rare Barton (TX) Ehlers Klein (FL) RECESS Bean Ellison Kline (MN) disease. And, unfortunately, like so many Becerra Ellsworth Knollenberg other rare diseases, insufficient resources The SPEAKER pro tempore. Pursu- Berkley Emerson Kucinich have been directed toward it. Individuals with ant to clause 12(a) of rule I, the Chair Berman Engel Kuhl (NY) declares the House in recess until ap- Berry English (PA) LaHood this disease are forced to undergo ‘‘shunting,’’ Biggert Eshoo Lamborn a highly invasive surgical procedure that car- proximately 6:30 p.m. today. Bilbray Etheridge Lampson ries with it serious safety risks. This procedure Accordingly (at 5 o’clock and 14 min- Bilirakis Everett Langevin also takes a heavy toll on our entire health- utes p.m.), the House stood in recess Bishop (GA) Fallin Lantos until approximately 6:30 p.m. Bishop (NY) Farr Larsen (WA) care system, costing an average of $35,000 Bishop (UT) Fattah Larson (CT) per procedure. f Blackburn Feeney Latham We can avoid paying this price. With more Blumenauer Ferguson LaTourette research and focus on this disease, better b 1830 Blunt Filner Lee treatment—and perhaps even a cure—is with- Boehner Flake Levin AFTER RECESS Bonner Forbes Lewis (GA) in our reach. Patients can be spared the trau- Bono Fortenberry Lewis (KY) ma of brain surgery and American citizens can The recess having expired, the House Boozman Fossella Linder avoid paying more than a billion dollars each was called to order by the Speaker pro Boren Foxx Lipinski Boswell Frank (MA) LoBiondo year for this treatment. tempore (Mr. ALTMIRE) at 6 o’clock and Boucher Franks (AZ) Loebsack The NIH has already taken some positive 30 minutes p.m. Boustany Frelinghuysen Lofgren, Zoe steps toward this goal. By initiating a collabo- Boyd (FL) Gallegly Lowey rative effort among 7 NIH institutes and spon- f Boyda (KS) Garrett (NJ) Lucas soring a major national conference, the NIH Brady (PA) Gerlach Lungren, Daniel ANNOUNCEMENT BY THE SPEAKER Braley (IA) Giffords E. has begun the work that must be done. Now PRO TEMPORE Brown (SC) Gilchrest Lynch we need to send a strong statement that we Brown-Waite, Gillibrand Mack The SPEAKER pro tempore. Pursu- want this work to continue. Ginny Gillmor Mahoney (FL) Cures for rare diseases like Hydrocephalus ant to clause 8 of rule XX, proceedings Buchanan Gingrey Maloney (NY) Burgess Gohmert Manzullo will never be found unless we increase our ef- will resume on motions to suspend the rules previously postponed. Burton (IN) Gonzalez Marchant fort and follow the scientific promise. We can Butterfield Goode Markey start with this vote today. Votes will be taken in the following Buyer Goodlatte Marshall Mr. GEORGE MILLER of California. Mr. order: Calvert Gordon Matheson H. Con. Res 47, by the yeas and nays; Camp (MI) Granger Matsui Speaker, I rise today to express my support Campbell (CA) Graves McCarthy (CA) for H. Con. Res. 74 sponsored by Congress- H.R. 755, by the yeas and nays; Cannon Green, Al McCarthy (NY) man MIKE THOMPSON. Passage of this bill will H.R. 884, by the yeas and nays. Cantor Green, Gene McCaul (TX) express federal support for Hydrocephalus re- The vote on H. Con. Res 52 will be Capito Grijalva McCollum (MN) taken tomorrow. Capps Gutierrez McCotter search. Capuano Hall (NY) McCrery Hydrocephalus, a chronic neurological con- The first electronic vote will be con- Cardoza Hall (TX) McDermott dition that causes cerebrospinal fluid to build ducted as a 15-minute vote. Remaining Carnahan Hare McGovern up in the brain cavity instead of being reab- electronic votes will be conducted as 5- Carney Harman McHenry Carson Hastings (FL) McHugh sorbed into the body, is a disease that affects minute votes. Carter Hayes McIntyre over one million Americans. This disease can f Castle Heller McKeon cause head enlargement and blurred vision, Castor Hensarling McMorris learning disabilities and impaired physical de- SUPPORTING THE GOALS AND Chabot Herger Rodgers Chandler Herseth McNerney velopment and is fatal if untreated. IDEALS OF A NATIONAL MEDAL Clarke Higgins McNulty Like many other diseases that affect a rel- OF HONOR DAY Cleaver Hill Meehan atively small portion of our population, Hydro- Clyburn Hinchey Meek (FL) The SPEAKER pro tempore. The cephalus research lacks proper funding. It is Coble Hinojosa Melancon pending business is the question of sus- Cohen Hirono Mica deplorable that the current standard treatment, pending the rules and agreeing to the Cole (OK) Hobson Michaud which requires the insertion of a shunt into the concurrent resolution, H. Con. Res. 47. Conaway Hodes Millender- brain to drain out the fluid, was designed in Conyers Hoekstra McDonald 1952. Shunts are extremely prone to infections The Clerk read the title of the con- Cooper Holden Miller (FL) and frequently require repair through major current resolution. Costa Holt Miller (MI) The SPEAKER pro tempore. The Costello Honda Miller (NC) surgery. Courtney Hooley Miller, Gary Modern medicine can do better. I am certain question is on the motion offered by Cramer Hoyer Miller, George that with federal support for additional re- the gentleman from Missouri (Mr. Crenshaw Hulshof Mitchell SKELTON) that the House suspend the Crowley Inglis (SC) Mollohan search we can develop a better treatment, if Cuellar Inslee Moore (KS) not a cure, for those suffering from Hydro- rules and agree to the concurrent reso- Culberson Israel Moore (WI) cephalus and help them live healthier, fuller lution, H. Con. Res. 47, on which the Cummings Issa Moran (VA) lives. yeas and nays are ordered. Davis (AL) Jackson (IL) Murphy (CT) Davis (CA) Jackson-Lee Murphy, Patrick I applaud my colleague, Mr. THOMPSON, for The vote was taken by electronic de- Davis (IL) (TX) Murphy, Tim his efforts in this area and I encourage my col- vice, and there were—yeas 411, nays 0, Davis (KY) Jefferson Murtha leagues to support this resolution. not voting 22, as follows: Davis, David Jindal Musgrave

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4729 Myrick Roskam Tauscher The vote was taken by electronic de- Miller (FL) Reichert Stearns Nadler Roybal-Allard Taylor vice, and there were—yeas 412, nays 0, Miller (MI) Renzi Stupak Napolitano Royce Terry Miller (NC) Reyes Sullivan Neal (MA) Ruppersberger Thompson (CA) not voting 21, as follows: Miller, Gary Reynolds Sutton Neugebauer Ryan (OH) Miller, George Rodriguez Tancredo Thompson (MS) [Roll No. 104] Nunes Ryan (WI) Thornberry Mitchell Rogers (AL) Tanner Oberstar Salazar Mollohan Rogers (KY) Tiahrt YEAS—412 Tauscher Obey Sali Tiberi Moore (KS) Rogers (MI) Taylor Olver Sa´ nchez, Linda Abercrombie Davis (CA) Hulshof Moore (WI) Rohrabacher Tierney Terry Ortiz T. Ackerman Davis (IL) Inglis (SC) Moran (VA) Ros-Lehtinen Towns Thompson (CA) Pallone Sanchez, Loretta Aderholt Davis (KY) Inslee Murphy (CT) Roskam Turner Thompson (MS) Pascrell Sarbanes Akin Davis, David Israel Murphy, Patrick Roybal-Allard Udall (CO) Thornberry Pastor Saxton Alexander Davis, Lincoln Issa Murphy, Tim Royce Tiahrt Paul Schakowsky Udall (NM) Allen Deal (GA) Jackson (IL) Murtha Ruppersberger Upton Tiberi Payne Schiff Altmire DeGette Jackson-Lee Musgrave Ryan (OH) Tierney Pearce Schmidt Van Hollen Andrews Delahunt (TX) Myrick Ryan (WI) Towns Pence Schwartz Vela´ zquez Arcuri DeLauro Jefferson Nadler Salazar Turner Perlmutter Scott (GA) Visclosky Baca Dent Jindal Napolitano Sali Udall (CO) Peterson (MN) Scott (VA) Walberg Bachmann Diaz-Balart, L. Johnson (GA) Neal (MA) Sa´ nchez, Linda Udall (NM) Peterson (PA) Sensenbrenner Walden (OR) Bachus Diaz-Balart, M. Johnson (IL) Neugebauer T. Upton Petri Serrano Walsh (NY) Baird Dicks Johnson, E. B. Nunes Sanchez, Loretta Van Hollen Pickering Sessions Walz (MN) Baker Dingell Johnson, Sam Oberstar Sarbanes Vela´ zquez Pitts Sestak Wamp Baldwin Doggett Jones (NC) Obey Saxton Visclosky Platts Shadegg Wasserman Barrett (SC) Donnelly Jones (OH) Olver Schakowsky Walberg Poe Shays Schultz Barrow Doolittle Jordan Ortiz Schiff Walden (OR) Pomeroy Shea-Porter Waters Bartlett (MD) Doyle Kagen Pallone Schmidt Walsh (NY) Porter Sherman Watson Barton (TX) Drake Kanjorski Pascrell Schwartz Walz (MN) Price (GA) Shimkus Watt Bean Dreier Kaptur Pastor Scott (GA) Wamp Price (NC) Shuler Waxman Becerra Duncan Keller Paul Scott (VA) Wasserman Pryce (OH) Shuster Weiner Berkley Edwards Kennedy Payne Sensenbrenner Putnam Simpson Berman Ehlers Kildee Pearce Serrano Schultz Welch (VT) Waters Radanovich Sires Weldon (FL) Berry Ellison Kilpatrick Pence Sessions Rahall Skelton Biggert Ellsworth Kind Perlmutter Sestak Watson Weller Ramstad Slaughter Bilbray Emanuel King (IA) Peterson (MN) Shadegg Watt Westmoreland Rangel Smith (NE) Bilirakis Emerson King (NY) Peterson (PA) Shays Waxman Whitfield Regula Smith (NJ) Bishop (GA) Engel Kirk Petri Shea-Porter Weiner Wicker Rehberg Smith (WA) Bishop (NY) English (PA) Klein (FL) Pickering Sherman Welch (VT) Reichert Snyder Wilson (NM) Bishop (UT) Eshoo Kline (MN) Pitts Shimkus Weldon (FL) Renzi Solis Wilson (OH) Blackburn Etheridge Knollenberg Platts Shuler Weller Reyes Souder Wilson (SC) Blumenauer Everett Kucinich Poe Shuster Westmoreland Reynolds Spratt Wolf Blunt Fallin Kuhl (NY) Pomeroy Simpson Whitfield Rodriguez Stearns Woolsey Boehner Farr LaHood Porter Sires Wicker Rogers (AL) Stupak Wu Bonner Fattah Lamborn Price (GA) Skelton Wilson (NM) Rogers (KY) Sullivan Wynn Bono Feeney Lampson Price (NC) Slaughter Wilson (OH) Rogers (MI) Sutton Yarmuth Boozman Ferguson Langevin Pryce (OH) Smith (NE) Wilson (SC) Rohrabacher Tancredo Young (AK) Boren Filner Lantos Putnam Smith (NJ) Wolf Ros-Lehtinen Tanner Young (FL) Boswell Flake Larsen (WA) Radanovich Smith (TX) Woolsey Boucher Forbes Larson (CT) Rahall Smith (WA) Wu NOT VOTING—22 Boustany Fortenberry Latham Ramstad Snyder Wynn Brady (TX) Hastert Rothman Boyd (FL) Fossella LaTourette Rangel Solis Yarmuth Brown, Corrine Hastings (WA) Rush Boyda (KS) Foxx Lee Regula Souder Young (AK) Clay Hunter Smith (TX) Brady (PA) Frank (MA) Levin Rehberg Spratt Young (FL) Cubin Kingston Braley (IA) Franks (AZ) Lewis (GA) Space NOT VOTING—21 Davis, Jo Ann Lewis (CA) Stark Brown (SC) Frelinghuysen Lewis (KY) Davis, Tom Meeks (NY) Wexler Brown-Waite, Gallegly Linder Brady (TX) DeFazio Moran (KS) DeFazio Moran (KS) Ginny Garrett (NJ) Lipinski Brown, Corrine Hastert Ross Emanuel Ross Buchanan Gerlach LoBiondo Carney Hastings (WA) Rothman Burgess Giffords Loebsack Clay Hunter Rush b 1903 Burton (IN) Gilchrest Lofgren, Zoe Cubin Kingston Space Butterfield Gillibrand Lowey Davis, Jo Ann Lewis (CA) Stark Mr. REICHERT and Mr. FLAKE Buyer Gillmor Lucas Davis, Tom Meeks (NY) Wexler Calvert Gingrey Lungren, Daniel changed their vote from ‘‘nay’’ to Camp (MI) Gohmert E. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ‘‘yea.’’ Campbell (CA) Gonzalez Lynch The SPEAKER pro tempore. Mem- So (two-thirds being in the affirma- Cannon Goode Mack bers are advised that 2 minutes remain tive) the rules were suspended and the Cantor Goodlatte Mahoney (FL) Capito Gordon Maloney (NY) in this vote. concurrent resolution was agreed to. Capps Granger Manzullo The result of the vote was announced Capuano Graves Marchant b 1910 as above recorded. Cardoza Green, Al Markey So (two-thirds being in the affirma- Carnahan Green, Gene Marshall A motion to reconsider was laid on Carson Grijalva Matheson tive) the rules were suspended and the the table. Carter Gutierrez Matsui bill was passed. Castle Hall (NY) McCarthy (CA) The result of the vote was announced f Castor Hall (TX) McCarthy (NY) as above recorded. Chabot Hare McCaul (TX) A motion to reconsider was laid on PROMOTING TRANSPARENCY IN Chandler Harman McCollum (MN) Clarke Hastings (FL) McCotter the table. FINANCIAL REPORTING ACT OF Cleaver Hayes McCrery 2007 Clyburn Heller McDermott f Coble Hensarling McGovern PASSING OF FORMER The SPEAKER pro tempore. The Cohen Herger McHenry pending business is the question of sus- Cole (OK) Herseth McHugh REPRESENTATIVE GENE SNYDER pending the rules and passing the bill, Conaway Higgins McIntyre (Mr. ROGERS of Kentucky asked and Conyers Hill McKeon H.R. 755. Cooper Hinchey McMorris was given permission to address the The Clerk read the title of the bill. Costa Hinojosa Rodgers House for 1 minute.) The SPEAKER pro tempore. The Costello Hirono McNerney Mr. ROGERS of Kentucky. Mr. Courtney Hobson McNulty question is on the motion offered by Cramer Hodes Meehan Speaker, I have the sad duty as the the gentleman from Georgia (Mr. Crenshaw Hoekstra Meek (FL) dean of the Kentucky delegation to in- SCOTT) that the House suspend the Crowley Holden Melancon form the Members of the passing of our rules and pass the bill, H.R. 755, on Cuellar Holt Mica former colleague from Kentucky’s Culberson Honda Michaud which the yeas and nays are ordered. Cummings Hooley Millender- Fourth District, Gene Snyder, who This will be a 5-minute vote. Davis (AL) Hoyer McDonald served some 20 years in this body until

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4730 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 he retired in 1986. He passed away on Giffords Lungren, Daniel Rohrabacher NAYS—16 Gillibrand E. Ros-Lehtinen February 16 of this year in Florida. His Abercrombie Duncan Petri Gillmor Lynch Roskam Barrett (SC) Flake Sensenbrenner funeral and interment in Louisville Gingrey Mack Roybal-Allard Blackburn Foxx Shadegg took place last Saturday. Gohmert Mahoney (FL) Royce Cannon Goode Tiahrt For those who would desire, there Gonzalez Maloney (NY) Ruppersberger Conaway Manzullo will be a Special Order taken out by his Goodlatte Marchant Ryan (OH) Deal (GA) Paul Gordon Markey Ryan (WI) EOFF successor in that district, G Granger Marshall Salazar NOT VOTING—21 DAVIS, tonight around 8:45. If you Graves Matheson Sali Brady (TX) Gilchrest Ross would like to participate in the Special Green, Al Matsui Sa´ nchez, Linda Brown, Corrine Hastings (WA) Rothman Order, time will be available. Green, Gene McCarthy (CA) T. Clay Hunter Rush Grijalva McCarthy (NY) Sanchez, Loretta Cubin Kingston Simpson f Gutierrez McCaul (TX) Sarbanes Davis, Jo Ann Lewis (CA) Space Hall (NY) McCollum (MN) Saxton Davis, Tom Meeks (NY) Stark ANNOUNCEMENT BY THE SPEAKER Hall (TX) McCotter Schakowsky DeFazio Moran (KS) Wexler Hare McCrery Schiff PRO TEMPORE ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Harman McDermott Schmidt The SPEAKER pro tempore. Without Hastert McGovern Schwartz The SPEAKER pro tempore (during objection, 5-minute voting will con- Hastings (FL) McHenry Scott (GA) the vote). Members are advised there tinue. Hayes McHugh Scott (VA) are 2 minutes remaining in the vote. There was no objection. Heller McIntyre Serrano Hensarling McKeon Sessions b 1919 f Herger McMorris Sestak Herseth Rodgers Shays Mr. BARRETT of South Carolina PROMOTING ANTITERRORISM CO- Higgins McNerney Shea-Porter changed his vote from ‘‘yea’’ to ‘‘nay.’’ OPERATION THROUGH TECH- Hill McNulty Sherman Mr. WAMP changed his vote from Meehan NOLOGY AND SCIENCE ACT Hinchey Shimkus ‘‘nay’’ to ‘‘yea.’’ Hinojosa Meek (FL) Shuler The SPEAKER pro tempore. The Hirono Melancon Shuster So (two-thirds being in the affirma- pending business is the question of sus- Hobson Mica Sires tive) the rules were suspended and the Michaud pending the rules and passing the bill, Hodes Skelton bill was passed. Hoekstra Millender- Slaughter H.R. 884. McDonald The result of the vote was announced Holden Smith (NE) as above recorded. The Clerk read the title of the bill. Holt Miller (FL) Smith (NJ) The SPEAKER pro tempore. The Honda Miller (MI) Smith (TX) A motion to reconsider was laid on Hooley Miller (NC) Smith (WA) the table. question is on the motion offered by Miller, Gary Hoyer Snyder Miller, George f the gentleman from New York (Mr. Hulshof Solis Mitchell KING) that the House suspend the rules Inglis (SC) Souder Mollohan REPORT ON RESOLUTION PRO- and pass the bill, H.R. 884, on which the Inslee Spratt Moore (KS) Israel Stearns VIDING FOR CONSIDERATION OF yeas and nays are ordered. Moore (WI) Issa Stupak H.R. 556, NATIONAL SECURITY This will be a 5-minute vote. Moran (VA) Jackson (IL) Sullivan FOREIGN INVESTMENT REFORM Murphy (CT) The vote was taken by electronic de- Jackson-Lee Sutton Murphy, Patrick AND STRENGTHENED TRANS- vice, and there were—yeas 396, nays 16, (TX) Tancredo Murphy, Tim PARENCY ACT OF 2007 Jefferson Tanner not voting 21, as follows: Murtha Jindal Tauscher [Roll No. 105] Musgrave Mr. ARCURI, from the Committee on Johnson (GA) Taylor Myrick Rules, submitted a privileged report YEAS—396 Johnson (IL) Terry Nadler Johnson, E. B. Thompson (CA) (Rept. No. 110–25) on the resolution (H. Ackerman Brown-Waite, Davis (KY) Napolitano Johnson, Sam Thompson (MS) Res. 195) providing for consideration of Aderholt Ginny Davis, David Neal (MA) Jones (NC) Thornberry Akin Buchanan Davis, Lincoln Neugebauer the bill (H.R. 556) to ensure national se- Jones (OH) Tiberi Alexander Burgess DeGette Nunes curity while promoting foreign invest- Allen Burton (IN) Delahunt Jordan Tierney Oberstar ment and the creation and mainte- Altmire Butterfield DeLauro Kagen Obey Towns Andrews Buyer Dent nance of jobs, to reform the process by Kanjorski Olver Turner Arcuri Calvert Diaz-Balart, L. which such investments are examined Kaptur Ortiz Udall (CO) Baca Camp (MI) Diaz-Balart, M. Keller Udall (NM) for any effect they may have on na- Bachmann Campbell (CA) Dicks Pallone Kennedy Pascrell Upton tional security, to establish the Com- Bachus Cantor Dingell Kildee Van Hollen Baird Capito Pastor mittee on Foreign Investment in the Doggett Kilpatrick Vela´ zquez Baker Capps Donnelly Payne Kind Visclosky United States, and for other purposes, Baldwin Capuano Doolittle Pearce King (IA) Walberg which was referred to the House Cal- Barrow Cardoza Doyle Pence Bartlett (MD) Carnahan Drake King (NY) Perlmutter Walden (OR) endar and ordered to be printed. Kirk Peterson (MN) Walsh (NY) Barton (TX) Carney Dreier f Bean Carson Edwards Klein (FL) Peterson (PA) Walz (MN) Kline (MN) Wamp Becerra Carter Ehlers Pickering HONORING JOHN J. MCNULTY, JR. Berkley Castle Ellison Knollenberg Pitts Wasserman Berman Castor Ellsworth Kucinich Platts Schultz (Mr. MCNULTY asked and was given Berry Chabot Emanuel Kuhl (NY) Poe Waters permission to address the House for 1 Biggert Chandler Emerson LaHood Watson Pomeroy minute and to revise and extend his re- Bilbray Clarke Engel Lamborn Porter Watt Bilirakis Cleaver English (PA) Lampson Price (GA) Waxman marks.) Bishop (GA) Clyburn Eshoo Langevin Price (NC) Weiner Mr. MCNULTY. Mr. Speaker, I rise to Bishop (NY) Coble Etheridge Lantos Pryce (OH) Welch (VT) salute a very special constituent of Bishop (UT) Cohen Everett Larsen (WA) Putnam Weldon (FL) Blumenauer Cole (OK) Fallin mine on the occasion of his 85th birth- Larson (CT) Radanovich Weller Blunt Conyers Farr Latham Rahall Westmoreland day, which is today. He has been an Boehner Cooper Fattah LaTourette Ramstad Whitfield outstanding son, husband, father, Bonner Costa Feeney Lee Rangel Wicker Bono Costello Ferguson grandfather and great grandfather, and Levin Wilson (NM) Boozman Courtney Filner Regula he has also been an outstanding public Wilson (OH) Boren Cramer Forbes Lewis (GA) Rehberg servant, having first been elected to Boswell Crenshaw Fortenberry Lewis (KY) Reichert Wilson (SC) Boucher Crowley Fossella Linder Renzi Wolf public office in the year 1949 and hav- Boustany Cuellar Frank (MA) Lipinski Reyes Woolsey ing been elected to office in seven dif- Boyd (FL) Culberson Franks (AZ) LoBiondo Reynolds Wu ferent decades. He served as a town su- Boyda (KS) Cummings Frelinghuysen Loebsack Rodriguez Wynn pervisor and mayor, a sheriff, a mem- Brady (PA) Davis (AL) Gallegly Lofgren, Zoe Rogers (AL) Yarmuth Braley (IA) Davis (CA) Garrett (NJ) Lowey Rogers (KY) Young (AK) ber of the New York State Commission Brown (SC) Davis (IL) Gerlach Lucas Rogers (MI) Young (FL) of Corrections.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4731 Mr. Speaker, I want to salute and order to have healthy citizens, it is es- uary 18, 2007, and under a previous pay tribute to him today on the occa- sential to provide affordable health order of the House, the following Mem- sion of his 85th birthday, the Honorable care services. bers will be recognized for 5 minutes John J. McNulty, Jr., and, yes, Mr. With degrees from Winthrop, Central each. Speaker, he is my dad. Arkansas and a doctorate of education f from the University of Tennessee, f Knoxville, Dr. Coleman is a teacher CONGRESSIONAL INACTION JEOP- and local crusader for the improvement U.S. MUST FOCUS EFFORTS IN ARDIZES JEFFERSON COUNTY’S of lives by the improvement of health AFGHANISTAN AWARD WINNING JUVENILE PRO- services. GRAM During February’s Black History The SPEAKER pro tempore. Under a (Mr. WALDEN of Oregon asked and Month, I would like to recognize Dr. previous order of the House, the gen- was given permission to address the Coleman. His efforts to provide better tleman from New Jersey (Mr. PALLONE) House for 1 minute and to revise and health care to underprivileged South is recognized for 5 minutes. extend his remarks.) Carolina citizens has not gone unno- Mr. PALLONE. Mr. Speaker, I come Mr. WALDEN of Oregon. Mr. Speak- ticed. to the floor this evening to discuss er, the failure of Congress to reauthor- f more recent developments regarding the U.S. involvement in Afghanistan ize the Secure Rural Schools and Com- BIG READ, AN EXCERPT FROM and Pakistan. The Taliban and al munity Self-Determination Act ‘‘THE GRAPES OF WRATH’’ amounts to a breach of faith to more Qaeda seem to be growing in strength, than 600 forested counties and 4,400 (Mr. FARR asked and was given per- and the evidence shows that they are school districts across America, includ- mission to address the House for 1 in the planning stages for a spring of- ing Jefferson County in Oregon, where minute and to revise and extend his re- fensive. more than 50 percent of the land is in marks.) Mr. Speaker, I have spoken on the Mr. FARR. Mr. Speaker, today my Federal ownership, which means the floor many times about the forgotten community celebrates the birthday of county’s Community Work Service pro- war in Afghanistan. It was promising John Steinbeck, one of our famous na- gram for primarily juvenile offenders to see the Bush administration finally tive sons, born in Salinas and raised in will be eliminated. wake up and bring the issue to the and around Monterey Bay. At home in forefront this weekend with Vice Presi- Under the program, juvenile commu- my district this month, the National nity service work crews remove trash dent DICK CHENEY making a trip to Af- Steinbeck Center will get the whole ghanistan and Pakistan. I was relieved from public lands, rehabilitate hiking community to read one book together, to hear that Vice President CHENEY trails, revegetate denuded areas, and ‘‘The Grapes of Wrath,’’ one of the repair resource damage due to van- was not hurt after a deadly suicide best, well-known tomes by Steinbeck. bombing took place near the U.S. mili- dalism. In 2004 alone, these young peo- The book is being read across the tary base he was visiting in Afghani- ple removed more than 150 tons of gar- country as part of NEA’s Big Read pro- stan. bage and more than 2 miles of old gram, designed to bring reading for barbed wire fence from BLM lands. pleasure back into our lives. Since I am A few hours after the attack, a In fact, the Bureau of Land Manage- a citizen of Monterey County myself, I Taliban official took credit for the ment awarded this program the Na- would like to offer my own participa- tragic bombing and claimed that it was tional Volunteer Award for making a tion in this celebration by reading the an attack on the Vice President, and difference on the public lands in 2005. It following passage from ‘‘The Grapes of this incident only underscores the re- has been very successful in addressing Wrath’’: cent resurgence the Taliban and al recidivism and introducing a new gen- ‘‘The people came out of their houses Qaeda have seen in Afghanistan and eration to America’s forests. and smelled the hot stinging air and Pakistan. Former Madras Mayor Rick Allen covered their noses from it . . . Men The details of Vice President CHE- said: ‘‘Loss of these funds will cripple stood by their fences and looked at the NEY’s trip to Afghanistan and Pakistan community services.’’ ruined corn, drying fast now, only a lit- were kept extremely classified. This is My colleagues, Congress must keep tle green showing through the film of in contrast with last year, when Presi- the Federal Government’s promise to dust. The men were silent and they did dent Bush and Secretary of State timbered communities. Pass H.R. 17. not move often. And the women came Condoleezza Rice both visited Pakistan Time is running out. out of the houses to stand beside their with far less secrecy. The increased f men—to feel whether this time the level of confidentiality for Vice Presi- men would break. The women studied dent CHENEY’s trip illustrates the HONORING DR. JAMES L. growing strength of al Qaeda in Af- COLEMAN, JR. the men’s faces secretly, for the corn could go, as long as something else re- ghanistan and Pakistan and shows that (Mr. BARRETT of South Carolina mained . . . The children sent explor- the administration is obviously aware asked and was given permission to ad- ing senses out to see whether men and of the increased dangers that al Qaeda dress the House for 1 minute.) women would break . . . After a while, poses in the region. Mr. BARRETT of South Carolina. the faces of the watching men lost During his trip to Pakistan, the Vice Mr. Speaker, it is understood that their bemused perplexity and became President apparently delivered a stiff overall America’s health care facilities hard and angry and resistant. Then the message, as he said, to Pakistani Presi- face a decline in the quality of their women knew that they were safe and dent Musharraf. The administration staff. But South Carolina is graciously that there was no break. Then they will not provide details of the encoun- blessed with Dr. James L. Coleman, asked, What’ll we do? And the men re- ter between the two leaders, but re- Jr., whose mission it is to improve the plied, I don’t know. But all was all ports claim that the Vice President ways we provide the best and accessible right. The women knew it was all right warned President Musharraf that primary and preventive health care to and the watching children knew it was American aid to Pakistan could be in folks in our State who lack the means all right . . . The men sat still—think- jeopardy. for quality medical care. ing—figuring.’’ The Vice President is obviously ref- Currently serving as chief executive This is Steinbeck at his best. erencing provisions in H.R. 1, a bill officer of the Margaret J. Weston Med- f crafted by Democrats in Congress, that ical Center, Dr. Coleman is known for implements the recommendations of providing a message of diversity in SPECIAL ORDERS the bipartisan 9/11 Commission. These health care. He and his staff at the The SPEAKER pro tempore. Under provisions will end U.S. military as- medical center understand that in the Speaker’s announced policy of Jan- sistance and armed sales licensing to

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4732 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 Pakistan unless the Pakistani Presi- colleagues and for the Nation as well Congress, you see, on almost a daily dent certifies that the Islamabad Gov- the necessity of ensuring that our gov- basis allows, our government to grow, ernment makes all possible efforts to ernment is operating according to the pushing it is further into deficit. And end Taliban activities in Pakistan. intent of the our Founding Fathers. As we are swiftly drifting away from the Now, President Musharraf responded the 10th amendment affirms, the au- limits set by our Founding Fathers. thority over most domestic issues be- to these comments from Vice President Each time a Member slides his card long to the States and local govern- CHENEY by claiming that ‘‘Pakistan to cast a vote, he needs to ask himself ments and the people themselves. does not accept dictation from any side this one question: Does the bill that I or any source.’’ But before I begin, let me express my sincere gratitude to my friend Utah am voting for violate the Constitution? b 1930 who has led this important education Does it take away rights promised to It is unacceptable though, in my effort in the past and this year as well. our constituents and put them in the opinion, Mr. Speaker, for the Pakistani He has faithfully championed the no- hands of a bureaucracy in Washington President to completely disregard the tion of a limited, effective and efficient instead? numerous accounts that show al Qaeda Federal Government, and continues to I remind this body that the Constitu- training camps flourishing in the west- fight for the authority granted to his tion does not only protect the rights of ern region of his country. home State and the other 49 states as the people though. It also protects the The Pakistani President seems to well when each was admitted into this rights of the states. In Federalist num- forget that the U.S. has sent over $10 most cherished Nation. ber 45, James Madison wrote, ‘‘The billion in aid to Pakistan over the last I look forward to working with other powers delegated by the proposed Con- 5 years alone. It is my opinion that un- like-minded Members of this Congress stitution to the Federal Government less President Musharraf takes nec- who share the sentiment that our Fed- are few and defined. Those which will essary steps to eradicate al Qaeda eral Government has seized control of remain in the states governments are training camps in Pakistan, this aid programs that State governments have numerous and indefinite.’’ should be put to an end. traditionally been much more effective I have long served in this House long It is encouraging to see the Bush ad- in administering. I invite my col- enough to know that it makes our lives ministration increase the focus on Af- leagues to consider joining this impor- easier at home when we come to D.C. ghanistan and Pakistan, but more tant effort regularly as well. and support increased funding for every needs to be done to ensure the Taliban This Congressional Caucus, I strong- conceivable type of program. Yet doesn’t reach the level of power it ly believe that this body must begin to James Madison and his colleagues were achieved prior to the U.S. invasion in focus on the principles delineated in less concerned about their ability to 2001. Taliban commanders are already the 10th amendment. Our Founders write glittering press releases than claiming that they have 10,000 fighters were precise when they established our they were in developing an efficient and thousands of suicide bombers at system of government. They intended system of government, one that would their disposal. to set up a republic of sovereign, self- operate at the lowest cost to the people The U.S. and NATO must also work governing States with a small central paying it, the people at home. to support local elders in towns such as government operating under clearly Musa Qala, where a failed peace deal defined, limited powers. That is what this caucus is all about Dividing sovereignty between the between town leaders and NATO troops and what these weekly information Federal Government and those of the has allowed the Taliban regime to re- sessions are about as well. We must States prevents an unhealthy con- gain control of the town. It is clear turn a critical eye on the Federal Gov- centration of powers at any one level of that the Taliban has regrouped and ernment. This is how we will lower the government. As James Madison in the that peace deals, such as the one in deficit, grow the economy and assure Federalist Number 51 said, this ar- Musa Qala, are dangerous and cannot that America remains that beacon on a rangement is a double security in pro- be relied upon without proper support hill. tecting the rights of the people. from U.S. and NATO troops. Throughout the last few generations Aside from being informational, this Furthermore, our country must focus in particular, the intent of the 10th Caucus also seeks to make specific leg- the humanitarian assistance we are amendment, that of a limited and effi- islative gains in the name of govern- sending to Afghanistan on rural devel- cient central government, has been fad- mental efficiency and Constitutional opment efforts that give Afghan farm- ing away. There are those I know who adherence. So we will support legisla- ers an alternative to the illicit opium support a bigger, more centralized gov- tion that seeks to return power and au- trade. ernment. They believe a central gov- thority back where it belongs, to the Mr. Speaker, President Bush wrongly ernment run bureaucracy can make the States, local governments and to the continues the war in Iraq at the ex- best decisions for the American people. people. pense of the largely forgotten war in They believe in the public good of Afghanistan. I urge my colleagues to And so tonight, I specifically ask all higher taxes. But on that I strongly Members to consider supporting the keep the attention on where the real disagree. As a member of the House war on terror is happening, and that is Reaffirmation of American Independ- Committee on the Budget, I am very ence resolution that will soon be re- in Afghanistan. much aware of where such faulty rea- introduced by Congressmen FEENEY f soning leads our Nation. It leads to our and GOODLATTE. This is a resolution I current situation, a bloated Federal CONGRESSIONAL CONSTITUTION know our Founding Fathers would be Government consumed by a deficit up- CAUCUS original cosponsors of, were they able. wards of $400 billion, which, in turn, de- Article VI of the U.S. Constitution The SPEAKER pro tempore (Mr. livers sub par public services. states, ‘‘This Constitution and the laws ALTMIRE). Under a previous order of Now then, to be fair, much of the the House, the gentleman from New spending that recently caused this def- of the U.S. shall be made in pursuance thereof; shall be the supreme law of the Jersey (Mr. GARRETT) is recognized for icit to increase is temporary relief on 5 minutes. the gulf coast region and the global land; and the judges in every state Mr. GARRETT of New Jersey. Mr. war on terror. It may not show up on shall be bound thereby, anything in the Speaker, I rise today to announce and the bottom line. And while this eases Constitution or laws or any state or renew our hope to be a regular occur- the short-term picture, the bigger the country notwithstanding.’’ rence on the House floor for the 110th problem is still one that must be ad- This legislation goes in the direction Congress. The members of the Congres- dressed. And if we do not curb this fool- to ensure that all such laws abide with sional Constitution Caucus will use ish Federal spending habit now, our our Constitution and not by foreign this opportunity to emphasize for our children will have to pay the price. governments.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4733 MESSAGE TO THE PRESIDENT: And while they are coming home, we (c) The provisions of clause 2 of rule XI of END THE OCCUPATION will be putting those laws into place, the Rules of the House are incorporated by ensuring they get their benefits. reference as the rules of the Committee to The SPEAKER pro tempore. Under a the extent applicable. previous order of the House, the gentle- Also during that 6-month withdrawal RULE 2—MEETINGS woman from California (Ms. WOOLSEY) period, our government will accelerate is recognized for 5 minutes. the training and equipping of Iraqi se- Calling of Meetings Ms. WOOLSEY. Mr. Speaker, last curity forces, and if requested by the (a)(l) The Committee shall regularly meet week British Prime Minister Tony Iraqi government, we will work with on the first Tuesday of each month when the the international community to pro- House is in session. Blair announced that more than 1,600 (2) A regular meeting of the Committee British soldiers would be sent home vide a stabilization force to enhance Iraq’s security. may be dispensed with if, in the judgment of from Iraq. By recalling troops from the Chairman of the Committee (hereinafter Iraq, the British government has sent a Additionally, my bill would prohibit in these rules referred to as the ‘‘Chair’’), very clear message that increasing the the establishment of permanent U.S. there is no need for the meeting. number of troops is not the right strat- bases in Iraq, and we would return con- (3) Additional regular meetings and hear- egy. In fact, the British government trol of Iraq’s oil resources to the Iraqi ings of the Committee may be called by the has come to the same conclusion that people. The only way to restore sta- Chair, in accordance with clause 2(g)(3) of bility to Iraq is to return the country rule XI of the rules of the House. many Americans have reached almost 4 (4) Special meetings shall be called and years ago. We should be ending the to the Iraqis, and we must work with our allies to achieve this. But when the convened by the Chair as provided in clause military occupation of Iraq, not ex- 2(c)(2) of rule XI of the Rules of the House. panding it. We should be supporting Bush administration, in spite of all the advice to the contrary, decides to esca- Notice for Meetings the men and women who have served (b)(l) The Chair shall notify each member bravely in Iraq by sending them home, late the occupation, and the British government takes the sensible path of of the Committee of the agenda of each reg- not sending them back for their fourth ular meeting of the Committee at least two or their fifth tour of duty after only a withdrawal, they both can’t be right. calendar days before the time of the meet- very few months of spending time with Mr. Speaker, we cannot afford to ing. their families. wait for the President to realize his (2) The Chair shall provide to each member The British government’s decision to mistake. Too many brave men and of the Committee, at least two calendar days scale back its military commitment in brave women have died and suffered to before the time of each regular meeting for Iraq should have been another impor- continue this occupation. We must each measure or matter on the agenda a stand up, we must demand, we must copy of— tant wake up call to President Bush. (A) the measure or materials relating to However, the President has continued bring our troops home. That is how we can protect our troops. the matter in question; and his course to go it alone, regardless of (B) an explanation of the measure or mat- the staggering costs to our Nation. f ter to be considered, which, in the case of an President Bush has drained Amer- PUBLICATION OF THE RULES OF explanation of a bill, resolution, or similar ica’s reservoir of goodwill by ignoring THE COMMITTEE ON FINANCIAL measure, shall include a summary of the major provisions of the legislation, an expla- the facts on the ground, the advice of SERVICES, 110TH CONGRESS his generals, and the will of the Amer- nation of the relationship of the measure to ican public. By stubbornly pursuing The SPEAKER pro tempore. Under a present law, and a summary of the need for the legislation. the same misguided policies over and previous order of the House, the gen- tleman from Massachusetts (Mr. (3) The agenda and materials required over again, he has left it to Congress to under this subsection shall be provided to stop him. FRANK) is recognized for 5 minutes. Mr. FRANK of Massachusetts. Madam each member of the Committee at least Two weeks ago, the House took an three calendar days before the time of the important first step by overwhelmingly Speaker, In accordance with clause 2(a)(2) of meeting where the measure or matter to be passing a bipartisan resolution con- Rule XI of the Rules of the House of Rep- considered was not approved for full Com- demning the President’s decision to resentatives, I am reporting that the Com- mittee consideration by a subcommittee of send more than 20,000 additional Amer- mittee on Financial Services adopted the fol- jurisdiction. ican soldiers to the front lines. I com- lowing rules for the 110th Congress on Janu- (4) The provisions of this subsection may ary 31, 2007, and as amended on February be waived by a two-thirds vote of the Com- mend the Democratic leadership, and I mittee, or by the Chair with the concurrence commend my colleagues on both sides 13, 2007, in open session, a quorum being present, and submit those rules for publication of the ranking minority member. of the aisle for having the courage to RULE 3—MEETING AND HEARING PROCEDURES stand up to the President and to oppose in the CONGRESSIONAL RECORD: In General his escalation. This vote, however, is RULES OF THE COMMITTEE ON FINANCIAL SERVICES, only the first step. (a)(l) Meetings and hearings of the Com- mittee shall be called to order and presided Now that the House has stood up to U.S. House of Representatives, 110th Congress, over by the Chair or, in the Chair’s absence, disagree with the President, we must by the member designated by the Chair as First Session use this consensus to take on the ur- the Vice Chair of the Committee, or by the gent job of bringing our troops safely RULE 1—GENERAL PROVISIONS ranking majority member of the Committee home. (a) The rules of the House are the rules of present as Acting Chair. As a member of the Foreign Affairs the Committee on Financial Services (here- (2) Meetings and hearings of the committee Committee and a co founder of the Out inafter in these rules referred to as the shall be open to the public unless closed in of Iraq Caucus, I have introduced a ‘‘Committee’’) and its subcommittees so far accordance with clause 2(g) of rule XI of the comprehensive and detailed plan to end as applicable, except that a motion to recess Rules of the House. (3) Any meeting or hearing of the Com- the occupation while ensuring that we from day to day, and a motion to dispense with the first reading (in full) of a bill or res- mittee that is open to the public shall be achieve security and stability in Iraq. olution, if printed copies are available, are open to coverage by television broadcast, My bill, H.R. 508, the Bring the Troops privileged motions in the Committee and radio broadcast, and still photography in ac- Home and Iraq Sovereignty Restora- shall be considered without debate. A pro- cordance with the provisions of clause 4 of tion Act, now has 47 cosponsors. posed investigative or oversight report shall rule XI of the Rules of the House (which are H.R. 508 will provide for a fully fund- be considered as read if it has been available incorporated by reference as part of these ed withdrawal of U.S. troops and con- to the members of the Committee for at rules). Operation and use of any Committee tractors from Iraq within a 6-month pe- least 24 hours (excluding Saturdays, Sun- operated broadcast system shall be fair and riod. During the time of that 6-month days, or legal holidays except when the nonpartisan and in accordance with clause House is in session on such day). 4(b) of rule XI and all other applicable rules passage, our troops will return home to (b) Each subcommittee is a part of the of the Committee and the House. receive the full health care benefits Committee, and is subject to the authority (4) Opening statements by members at the they deserve because we owe them, we and direction of the Committee and to its beginning of any hearing or meeting of the owe them no less for their sacrifices. rules so far as applicable. Committee shall be limited to 5 minutes

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4734 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 each for the Chair or ranking minority mem- shall make the announcement at the earliest Special Procedures ber, or their respective designee, and 3 min- possible date. (f)(l)(A) COMMEMORATIVE MEDALS AND utes each for all other members. (B) Not less than three days before the COINS.—It shall not be in order for the Sub- (5) No person, other than a Member of Con- commencement of a hearing announced committee on Domestic and International gress, Committee staff, or an employee of a under this paragraph, the Chair shall provide Monetary Policy, Trade, and Technology to Member when that Member has an amend- to the members of the Committee a concise hold a hearing on any commemorative medal ment under consideration, may stand in or summary of the subject of the hearing, or, in or commemorative coin legislation unless be seated at the rostrum area of the Com- the case of a hearing on a measure or mat- the legislation is cosponsored by at least mittee rooms unless the Chair determines ter, a copy of the measure or materials relat- two-thirds of the members of the House. otherwise. ing to the matter in question and a concise (B) It shall not be in order for the sub- Quorum explanation of the measure or matter to be committee to approve a bill or measure au- (b)(l) For the purpose of taking testimony considered. thorizing commemorative coins for consider- (2) To the greatest extent practicable— and receiving evidence, two members of the ation by the full Committee which does not (A) each witness who is to appear before Committee shall constitute a quorum. conform with the mintage restrictions estab- the Committee shall file with the Committee (2) A majority of the members of the Com- lished by section 5112 of title 31, United two business days in advance of the appear- mittee shall constitute a quorum for the pur- States Code. ance sufficient copies (including a copy in poses of reporting any measure or matter, of (C) In considering legislation authorizing electronic form), as determined by the Chair, authorizing a subpoena, of closing a meeting Congressional gold medals, the sub- of a written statement of proposed testi- or hearing pursuant to clause 2(g) of rule XI committee shall apply the following stand- mony and shall limit the oral presentation of the rules of the House (except as provided ards— to the Committee to brief summary thereof; in clause 2(g)(2)(A) and (B)) or of releasing (i) the recipient shall be a natural person; and executive session material pursuant to (ii) the recipient shall have performed an (B) each witness appearing in a non-gov- clause 2(k)(7) of rule XI of the rules of the achievement that has an impact on Amer- ernmental capacity shall include with the House. ican history and culture that is likely to be written statement of proposed testimony a (3) For the purpose of taking any action recognized as a major achievement in the re- curriculum vitae and a disclosure of the other than those specified in paragraph (2) cipient’s field long after the achievement; amount and source (by agency and program) one-third of the members of the Committee (iii) the recipient shall not have received a of any Federal grant (or subgrant thereof) or shall constitute a quorum. medal previously for the same or substan- contract (or subcontract thereof) received Voting tially the same achievement; during the current fiscal year or either of (iv) the recipient shall be living or, if de- (c)(l) No vote may be conducted on any the two preceding fiscal years. ceased, shall have been deceased for not less measure or matter pending before the Com- (3) The requirements of paragraph (2)(A) than 5 years and not more than 25 years; mittee unless the requisite number of mem- may be modified or waived by the Chair (v) the achievements were performed in the bers of the Committee is actually present for when the Chair determines it to be in the recipient’s field of endeavor, and represent such purpose. best interest of the Committee. either a lifetime of continuous superior (2) A record vote of the Committee shall be (4) The five-minute rule shall be observed achievements or a single achievement so sig- provided on any question before the Com- in the interrogation of witnesses before the nificant that the recipient is recognized and mittee upon the request of one-fifth of the Committee until each member of the Com- acclaimed by others in the same field, as evi- members present. mittee has had an opportunity to question denced by the recipient having received the (3) No vote by any member of the Com- the witnesses. No member shall be recog- highest honors in the field. mittee on any measure or matter may be nized for a second period of 5 minutes to in- (2) TESTIMONY OF CERTAIN OFFICIALS.— cast by proxy. terrogate witnesses until each member of the (A) Notwithstanding subsection (a)(4), (4) In accordance with clause 2(e)(1)(B) of Committee present has been recognized once when the Chair announces a hearing of the rule XI, a record of the vote of each member for that purpose. Committee for the purpose of receiving— of the Committee on each record vote on any (5) Whenever any hearing is conducted by (i) testimony from the Chairman of the measure or matter before the Committee the Committee on any measure or matter, Federal Reserve Board pursuant to section shall be available for public inspection at the the minority party members of the Com- 2B of the Federal Reserve Act (12 U.S.C. 221 offices of the Committee, and, with respect mittee shall be entitled, upon the request of et seq.), or to any record vote on any motion to report a majority of them before the completion of (ii) testimony from the Chairman of the or on any amendment, shall be included in the hearing, to call witnesses with respect to Federal Reserve Board or a member of the the report of the Committee showing the that measure or matter during at least one President’s cabinet at the invitation of the total number of votes cast for and against day of hearing thereon. Chair, the Chair may, in consultation with and the names of those members voting for Subpoenas and Oaths the ranking minority member, limit the and against. (e)(l) Pursuant to clause 2(m) of rule XI of number and duration of opening statements (5) POSTPONED RECORD VOTES.—(A) Subject the Rules of the House, a subpoena may be to be delivered at such hearing. The limita- to subparagraph (B), the Chairman may post- authorized and issued by the Committee or a tion shall be included in the announcement pone further proceedings when a record vote subcommittee in the conduct of any inves- made pursuant to subsection (d)(l)(A), and is ordered on the question of approving any tigation or series of investigations or activi- shall provide that the opening statements of measure or matter or adopting an amend- ties, only when authorized by a majority of all members of the Committee shall be made ment. The Chairman may resume pro- the members voting, a majority being a part of the hearing record. ceedings on a postponed request at any time, present, or pursuant to paragraph (2). (B) Notwithstanding subsection (a)(4), at but no later than the next meeting day. (2) The Chair, with the concurrence of the any hearing of the Committee for the pur- (B) In exercising postponement authority ranking minority member, may authorize pose of receiving testimony (other than tes- under subparagraph (A), the Chairman shall and issue subpoenas under such clause dur- timony described in clause (i) or (ii) of sub- take all reasonable steps necessary to notify ing any period for which the House has ad- paragraph (A)), the Chair may, in consulta- members on the resumption of proceedings journed for a period in excess of 3 days when, tion with the ranking minority member, on any postponed record vote; in the opinion of the Chair, authorization limit the duration of opening statements to (C) When proceedings resume on a post- and issuance of the subpoena is necessary to ten minutes, to be divided between the Chair poned question, notwithstanding any inter- obtain the material or testimony set forth in and Chair of the pertinent subcommittee, or vening order for the previous question, an the subpoena. The Chair shall report to the the Chair’s designee, and ten minutes, to be underlying proposition shall remain subject members of the Committee on the authoriza- controlled by the ranking minority member, to further debate or amendment to the same tion and issuance of a subpoena during the or his designee. Following such time, the du- extent as when the question was postponed. recess period as soon as practicable, but in ration for opening statements may be ex- Hearing Procedures no event later than one week after service of tended by either the Chair or ranking minor- (d)(1)(A) The Chair shall make public an- such subpoena. ity member for an additional ten minutes nouncement of the date, place, and subject (3) Authorized subpoenas shall be signed by each, to be divided at the discretion of the matter of any committee hearing at least the Chair or by any member designated by Chair or ranking minority member. The one week before the commencement of the the Committee, and may be served by any Chair shall provide that the opening state- hearing, unless the Chair, with the concur- person designated by the Chair or such mem- ments for all members of the Committee rence of the ranking minority member, or ber. shall be made a part of the hearing record. the Committee by majority vote with a (4) The Chair, or any member of the Com- (C) At any hearing of a subcommittee, the quorum present for the transaction of busi- mittee designated by the Chair, may admin- Chair of the subcommittee may, in consulta- ness, determines there is good cause to begin ister oaths to witnesses before the Com- tion with the ranking minority member of the hearing sooner, in which case the Chair mittee. the subcommittee, limit the duration of

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4735 opening statements to ten minutes, to be di- (x) insurance generally. (v) consumer access to financial services, vided between the majority and minority. (B) SUBCOMMITTEE ON DOMESTIC AND INTER- including the Home Mortgage Disclosure Act Following such time, the duration for open- NATIONAL MONETARY POLICY, TRADE, AND and the Community Reinvestment Act; ing statements may be extended by either TECHNOLOGY.—The jurisdiction of the Sub- (vi) the terms and rules of disclosure of fi- the Chair of the subcommittee or ranking committee on Domestic and International nancial services, including the advertise- minority member of the subcommittee for Monetary Policy, Trade, and Technology in- ment, promotion and pricing of financial an additional ten minutes each, to be divided cludes— services, and availability of government at the discretion of the Chair of the sub- (i) financial aid to all sectors and elements check cashing services; committee or ranking minority member of within the economy; (vii) deposit insurance; and the subcommittee. The Chair of the sub- (ii) economic growth and stabilization; (viii) consumer access to savings accounts committee shall ensure that opening state- (iii) defense production matters as con- and checking accounts in financial institu- ments for all members be made part of the tained in the Defense Production Act of 1950, tions, including lifeline banking and other hearing record. as amended; consumer accounts. (D) If the Chair and ranking minority (iv) domestic monetary policy, and agen- (D) SUBCOMMITTEE ON HOUSING AND COMMU- member acting jointly determine that ex- cies which directly or indirectly affect do- NITY OPPORTUNITY.—The jurisdiction of the traordinary circumstances exist necessi- mestic monetary policy, including the effect Subcommittee on Housing and Community tating allowing members to make opening of such policy and other financial actions on Opportunity includes— statements, subparagraphs (B) or (C), as the interest rates, the allocation of credit, and (i) housing (except programs administered case may be, shall not apply to such hearing. the structure and functioning of domestic fi- by the Department of Veterans Affairs), in- Rule 4—Procedures for Reporting Measures or nancial institutions; cluding mortgage and loan insurance pursu- Matters (v) coins, coinage, currency, and medals, ant to the National Housing Act; rural hous- including commemorative coins and medals, (a) No measure or matter shall be reported ing; housing and homeless assistance pro- proof and mint sets and other special coins, from the Committee unless a majority of the grams; all activities of the Government Na- the Coinage Act of 1965, gold and silver, in- Committee is actually present. tional Mortgage Association; private mort- cluding the coinage thereof (but not the par (b) The Chair of the Committee shall re- gage insurance; housing construction and de- value of gold), gold medals, counterfeiting, port or cause to be reported promptly to the sign and safety standards; housing-related currency denominations and design. the dis- House any measure approved by the Com- energy conservation; housing research and tribution of coins, and the operations of the mittee and take necessary steps to bring a demonstration programs; financial and tech- Bureau of the Mint and the Bureau of En- matter to a vote. nical assistance for nonprofit housing spon- graving and Printing; (c) The report of the Committee on a meas- sors; housing counseling and technical as- (vi) development of new or alternative ure which has been approved by the Com- sistance; regulation of the housing industry forms of currency; mittee shall be filed within seven calendar (including landlord/tenant relations); and (vii) multilateral development lending in- days (exclusive of days on which the House is real estate lending including regulation of stitutions, including activities of the Na- not in session) after the day on which there settlement procedures; tional Advisory Council on International has been flied with the clerk of the Com- (ii) community development and commu- Monetary and Financial Policies as related mittee a written request, signed by a major- nity and neighborhood planning, training thereto, and monetary and financial develop- ity of the members of the Committee, for the and research; national urban growth policies; ments as they relate to the activities and ob- reporting of that measure pursuant to the urban/rural research and technologies; and jectives of such institutions; provisions of clause 2(b)(2) of rule XIII of the regulation of interstate land sales; (viii) international trade, including but not Rules of the House. (iii) government sponsored insurance pro- (d) All reports printed by the Committee limited to the activities of the Export-Im- grams, including those offering protection pursuant to a legislative study or investiga- port Bank; against crime, fire, flood (and related land tion and not approved by a majority vote of (ix) the International Monetary Fund, its use controls), earthquake and other natural the Committee shall contain the following permanent and temporary agencies, and all hazards, but not including terrorism risk in- disclaimer on the cover of such report: ‘‘This matters related thereto; and surance; and report has not been officially adopted by the (x) international investment policies, both (iv) the qualifications for and designation Committee on Financial Services and may as they relate to United States investments of Empowerment Zones and Enterprise Com- not necessarily reflect the views of its Mem- for trade purposes by citizens of the United munities (other than matters relating to tax bers.’’ States and investments made by all foreign benefits). entities in the United States. (e) The Chair is directed to offer a motion (E) SUBCOMMITTEE ON OVERSIGHT AND INVES- (C) SUBCOMMITTEE ON FINANCIAL INSTITU- under clause 1 of rule XXII of the Rules of TIGATIONS.—The jurisdiction of the Sub- the House whenever the Chair considers it TIONS AND CONSUMER CREDIT.—The jurisdic- committee on Oversight and Investigations appropriate. tion of the Subcommittee on Financial Insti- includes— tutions and Consumer Credit includes— Rule 5—Subcommittees (i) the oversight of all agencies, depart- (i) all agencies, including the Office of the ments, programs, and matters within the ju- Establishment and Responsibilities of Sub- Comptroller of the Currency, the Federal De- risdiction of the Committee, including the committees posit Insurance Corporation, the Board of development of recommendations with re- (a)(1) There shall be 5 subcommittees of Governors of the Federal Reserve System gard to the necessity or desirability of enact- the Committee as follows: and the Federal Reserve System, the Office ing, changing, or repealing any legislation (A) SUBCOMMITTEE ON CAPITAL MARKETS, IN- of Thrift Supervision, and the National Cred- within the jurisdiction of the Committee, SURANCE, AND GOVERNMENT SPONSORED ENTER- it Union Administration, which directly or and for conducting investigations within PRISES.—The jurisdiction of the Sub- indirectly exercise supervisory or regulatory such jurisdiction; and committee on Capital Markets, Insurance, authority in connection with, or provide de- (ii) research and analysis regarding mat- and Government Sponsored Enterprises in- posit insurance for, financial institutions, ters within the jurisdiction of the Com- cludes— and the establishment of interest rate ceil- mittee, including the impact or probable im- (i) securities, exchanges, and finance; ings on deposits; pact of tax policies affecting matters within (ii) capital markets activities, including (ii) the chartering, branching, merger, ac- the jurisdiction of the Committee. business capital formation and venture cap- quisition, consolidation, or conversion of fi- (2) In addition, each such subcommittee ital; nancial institutions; shall have specific responsibility for such (iii) activities involving futures, forwards, (iii) consumer credit, including the provi- other measures or matters as the Chair re- options, and other types of derivative instru- sion of consumer credit by insurance compa- fers to it. nies, and further including those matters in ments; (3) Each subcommittee of the Committee the Consumer Credit Protection Act dealing (iv) the Securities and Exchange Commis- shall review and study, on a continuing with truth in lending, extortionate credit sion; basis, the application, administration, exe- transactions, restrictions on garnishments, (v) secondary market organizations for cution, and effectiveness of those laws, or fair credit reporting and the use of credit in- home mortgages, including the Federal Na- parts of laws, the subject matter of which is formation by credit bureaus and credit pro- tional Mortgage Association, the Federal within its general responsibility. Home Loan Mortgage Corporation, and the viders, equal credit opportunity, debt collec- Federal Agricultural Mortgage Corporation; tion practices, and electronic funds trans- Referral of Measures and Matters to Subcommit- (vi) the Office of Federal Housing Enter- fers; tees prise Oversight; (iv) creditor remedies and debtor defenses, (b)(l) The Chair shall regularly refer to one (vii) the Federal Home Loan Banks; Federal aspects of the Uniform Consumer or more subcommittees such measures and (viii) the Federal Housing Finance Board; Credit Code, credit and debit cards, and the matters as the Chair deems appropriate (ix) terrorism risk insurance; and preemption of State usury laws; given its jurisdiction and responsibilities. In

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00093 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4736 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 making such a referral, the Chair may des- of such records of votes taken in the sub- (2) Members and staff of the Committee ignate a subcommittee of primary jurisdic- committee and such other records with re- shall make a written report to the Chair on tion and subcommittees of additional or se- spect to the subcommittee as the Chair any travel they have conducted under this quential jurisdiction. deems necessary for the Committee to com- subsection, including a description of their (2) All other measures or matters shall be ply with all rules and regulations of the itinerary, expenses, and activities, and of subject to consideration by the full Com- House. pertinent information gained as a result of mittee. RULE 6—STAFF such travel. (3) In referring any measure or matter to a (3) Members and staff of the Committee In General subcommittee, the Chair may specify a date performing authorized travel on official busi- by which the subcommittee shall report (a) (1) Except as provided in paragraph (2), ness shall be governed by applicable laws, thereon to the Committee. the professional and other staff of the Com- resolutions, and regulations of the House and (4) The Committee by motion may dis- mittee shall be appointed, and may be re- of the Committee on House Administration. moved by the Chair, and shall work under charge a subcommittee from consideration RULE 8—COMMITTEE ADMINISTRATION of any measure or matter referred to a sub- the general supervision and direction of the committee of the Committee. Chair. Records (2) All professional and other staff provided Composition of Subcommittees (a) (1) There shall be a transcript made of to the minority party members of the Com- each regular meeting and hearing of the (c)(l) Members shall be elected to each sub- mittee shall be appointed, and may be re- Committee, and the transcript may be print- committee and to the positions of chair and moved, by the ranking minority member of ed if the Chair decides it is appropriate or if ranking minority member thereof, in accord- the Committee, and shall work under the a majority of the members of the Committee ance with the rules of the respective party general supervision and direction of such requests such printing. Any such transcripts caucuses. The Chair of the Committee shall member. shall be a substantially verbatim account of designate a member of the majority party on (3) It is intended that the skills and experi- remarks actually made during the pro- each subcommittee as its vice chair. ence of all members of the Committee staff ceedings, subject only to technical, gram- (2) The Chair and ranking minority mem- be available to all members of the Com- matical, and typographical corrections au- ber of the Committee shall be ex officio mittee. thorized by the person making the remarks. members with voting privileges of each sub- Subcommittee Staff Nothing in this paragraph shall be construed committee of which they are not assigned as to require that all such transcripts be sub- members and may be counted for purposes of (b) From funds made available for the ap- ject to correction and publication. establishing a quorum in such subcommit- pointment of staff, the Chair of the Com- (2) The Committee shall keep a record of tees. mittee shall, pursuant to clause 6(d) of rule all actions of the Committee and of its sub- (3) The subcommittees shall be comprised X of the Rules of the House, ensure that suf- committees. The record shall contain all in- as follows: ficient staff is made available so that each formation required by clause 2(e)(1) of rule (A) The Subcommittee on Capital Markets, subcommittee can carry out its responsibil- XI of the Rules of the House and shall be Insurance, and Government Sponsored En- ities under the rules of the Committee and available for public inspection at reasonable terprises shall be comprised of 49 members, that the minority party is treated fairly in times in the offices of the Committee. 26 elected by the majority caucus and 23 the appointment of such staff. (3) All Committee hearings, records, data, elected by the minority caucus. Compensation of Staff charts, and files shall be kept separate and (B) The Subcommittee on Domestic and (c)(l) Except as provided in paragraph (2), distinct from the congressional office International Monetary Policy, Trade, and the Chair shall fix the compensation of all records of the Chair, shall be the property of Technology shall be comprised of 26 mem- professional and other staff of the Com- the House, and all Members of the House bers, 14 elected by the majority caucus and mittee. shall have access thereto as provided in 12 elected by the minority caucus. (2) The ranking minority member shall fix clause 2(e)(2) of rule XI of the Rules of the (C) The Subcommittee on Financial Insti- the compensation of all professional and House. tutions and Consumer Credit shall be com- other staff provided to the minority party (4) The records of the Committee at the prised of 47 members, 25 elected by the ma- members of the Committee. National Archives and Records Administra- jority caucus and 22 elected by the minority RULE 7—BUDGET AND TRAVEL tion shall be made available for public use in caucus. accordance with rule VII of the Rules of the (D) The Subcommittee on Housing and Budget House of Representatives. The Chair shall Community Opportunity shall be comprised (a)(l) The Chair, in consultation with other notify the ranking minority member of any of 26 members, 14 elected by the majority members of the Committee, shall prepare for decision, pursuant to clause 3(b)(3) or clause caucus and 12 elected by the minority cau- each Congress a budget providing amounts 4(b) of the rule, to withhold a record other- cus. for staff, necessary travel, investigation, and wise available, and the matter shall be pre- (E) The Subcommittee on Oversight and other expenses of the Committee and its sub- sented to the Committee for a determination Investigations shall be comprised of 20 mem- committees. on written request of any member of the bers, 11 elected by the majority caucus and 9 (2) From the amount provided to the Com- Committee. elected by the minority caucus. mittee in the primary expense resolution Committee Publications on the Internet Subcommittee Meetings and Hearings adopted by the House of Representatives, the Chair, after consultation with the ranking (b) To the maximum extent feasible, the (d)(l) Each subcommittee of the Committee minority member, shall designate an amount Committee shall make its publications avail- is authorized to meet, hold hearings, receive to be under the direction of the ranking mi- able in electronic form. testimony, mark up legislation, and report nority member for the compensation of the to the full Committee on any measure or f minority staff, travel expenses of minority matter referred to it, consistent with sub- members and staff, and minority office ex- REAFFIRMATION OF AMERICAN section (a). penses. All expenses of minority members INDEPENDENCE RESOLUTION (2) No subcommittee of the Committee and staff shall be paid for out of the amount may meet or hold a hearing at the same time The SPEAKER pro tempore. Under a so set aside. as a meeting or hearing of the Committee. previous order of the House, the gen- Travel (3) The chair of each subcommittee shall tleman from Utah (Mr. BISHOP) is rec- set hearing and meeting dates only with the (b)(l) The Chair may authorize travel for ognized for 5 minutes. approval of the Chair with a view toward as- any member and any staff member of the Mr. BISHOP of Utah. Mr. Speaker, suring the availability of meeting rooms and Committee in connection with activities or avoiding simultaneous scheduling of Com- subject matters under the general jurisdic- when I was young, growing up, I would mittee and subcommittee meetings or hear- tion of the Committee. Before such author- often ask my mother if I could go to ings. ization is granted, there shall be submitted my friend’s house to play, and she Effect of a Vacancy to the Chair in writing the following: would say no. And instinctively I (A) The purpose of the travel. (e) Any vacancy in the membership of a would then say, well, Billy’s mom lets (B) The dates during which the travel is to subcommittee shall not affect the power of him go. And my mom would then say, occur. the remaining members to execute the func- I know, but I am not Billy’s mom and (C) The names of the States or countries to tions of the subcommittee as long as the re- I don’t care what Billy’s mom lets be visited and the length of time to be spent quired quorum is present. in each. Billy do. Records (D) The names of members and staff of the Well, that was an important lesson (f) Each subcommittee of the Committee Committee for whom the authorization is that I learned. Unfortunately, some of shall provide the full Committee with copies sought. our courts have failed to learn that

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00094 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4737 specific lesson, and that is why I feel Satchel Paige used to talk to young ‘‘What though Death at times steps in honored to be able to stand here and pitchers when they were trying to And calls our Best away? talk about the Reaffirmation of Amer- learn how to pitch and being too cute What though sorrow seems to win, ican Independence Resolution, which at the plate by hitting the corners and O’er hope, a heavy sway? Yet hope again elastic springs, unconquered, my good friend, the distinguished gen- were walking people. And he simply though she fell; tleman from New Jersey, briefly intro- said, ‘‘throw strikes. Home plate don’t Still buoyant are her golden wings, duced in his remarks. move.’’ Still strong to bear us well. This bill states that ‘‘judicial deter- b 1945 Manfully, fearlessly, minations regarding the meaning of The day of trial bear, laws of the United States should not be If we allow the court system to base For gloriously, victoriously based in whole or in part on judgments, their decisions on foreign opinions as Can courage quell despair!’’ laws or pronunciations of foreign insti- opposed to American precedent, then On the fateful day when lives were tutions unless those foreign judgments, home plate moves and home plate changed forever, the painful call went laws and pronouncements inform an moves in a way that hurts citizens of out: ‘‘Attention all units. Detective understanding of the original meaning the United States. Keith Dressel has answered his final of the Constitution of the United Now, there are some lawyers, maybe call.’’ States.’’ Supreme Court Justices, and others The Toledo Blade newspaper reports Now, why would we do this? This who would say that my comparison of today: ‘‘The final radio call to the slain only sounds logical. We are doing it my mom’s reasoning to foreign law Toledo police vice detective, a taped simply because one Supreme Court ma- used in an American court would be in- broadcast played at the conclusion of jority admitted that they referred to accurate or oversimplistic. Perhaps so his funeral Mass yesterday, broke som- laws of other countries and to inter- because, after all, they say, didn’t our ber faces into tears.’’ national authorities as instructive for Founding Fathers look to foreign law The impact of this terrible tragedy its interpretation of our 8th amend- when they were forming the Constitu- has touched every corner of our com- ment. tion? Indeed, if you read the Federalist munity and beyond. We have all been Another case, the Court once again Papers, you will see lots of references moved by Keith Dressel’s sacrifice, took into account the European Court to the Swiss system and the German commitment, and courage, as well as of Human Rights in establishing the system. It is full of it. But the issue at that of his family. belief systems that they came up with. hand is, once the Constitution is estab- On behalf of the citizens of Toledo, Now, you may ask, once again, so lished, then our job is to try to under- Ohio, and all of the lives Detective what? What does that mean? stand what it meant when it was adopt- Dressel has touched, I offer our deepest Justice Scalia made a good answer on ed, not search for some hook to find an sympathy to Detective Dressel’s loved what that means. ‘‘It lends itself,’’ as alternate opinion for personal reasons ones, colleagues, and friends. May their he said, ‘‘to manipulation.’’ In fact, it or personal pique. Now, that is the key. faith sustain them through the dif- invites manipulation. If I am a judge We shouldn’t care what Billy’s mom ficult journey ahead as they remember who wants, in some way, to overturn a or foreign courts let Billy do because the words of Psalm 46, versus 1 and 2: decision, I need some reason for it. I our court is not Billy’s mom. ‘‘God is our refuge and our strength, a have to sound in some way like an at- f very present help in trouble. Therefore, torney. I need to cite something. You we will not fear, though the Earth be can’t cite something that is American MOURNING AND HONORING removed and though the mountains be because what I am trying to do is over- DETECTIVE KEITH DRESSEL carried into the midst of the sea.’’ May turn two centuries of American prece- The SPEAKER pro tempore. Under a their strength as a family and their dent. So you find some intelligent man previous order of the House, the gentle- memories of their husband, father, living in Zimbabwe or Poland or some- woman from Ohio (Ms. KAPTUR) is rec- brother, nephew, uncle, grandson, son, where else in the world and cite his ex- ognized for 5 minutes. and friend sustain them as they mourn amples, and it looks very lawyerly. But Ms. KAPTUR. Mr. Speaker, I am his loss and celebrate his selfless leg- it is, of itself, a manipulation. deeply saddened to stand before our acy of patriotism, purpose, and service Precedent is extremely important in House today to announce the tragic to his fellow citizens. His children our system of justice. Having a stand- death of Detective Keith Dressel of the should be comforted by the knowledge ard that does not change is important Toledo Police Department and offer that life is not measured in years but for the judge so that he realizes the deepest condolences on behalf of our in deeds. standard he used in case A and case B entire community to his wife, Danielle, Detective Keith Dressel lived as a will always be the same. It is even and their children. man for others, despite the danger and more important for citizens, for indi- Detective Dressel, who was only 35 sacrifice to his own. May he rest in viduals, so that they know whether years old, was fatally shot on the peace in God’s house as an archangel they go before judge one or judge two morning of Wednesday, February 21, watching over and guiding our earthly it will once again be the same standard while on routine patrol in North To- pursuits. that will be used in that situation. ledo, the first Toledo police officer to The Blade describes this hero’s funeral: When we break those precedents, when lose his life in service to our commu- ‘‘Two lines of officers—at least two people we allow foreign precedents to take nity since 1970. deep—wove through the parking lot. Three to over, what we are simply doing is open- In reality, though, there is nothing four other lines of officers stood at the front ing up the process for arbitrary and ca- routine or common about Detective doors of the church, including Toledo police pricious decisions to be made. We are Dressel’s extraordinary service or that Chief Mike Navarre and Toledo fire Chief Mike not in the process of, as someone once of the men and women with whom he Bell. said of evolving our standards of de- served. Every day Detective Dressel ‘‘After a private ceremony for the family, De- cency as a mark of the progress of the sacrificed his safety so that he might tective Dressel’s flag-draped casket was es- maturing society. Because as Justice protect all of ours. corted from the funeral home to a white Scalia again said, sometimes society As a member of the vice squad, De- hearse with a small American flag on the driv- does not mature; it simply rots. tective Dressel engaged in dangerous er’s side door. White-gloved Toledo police And the purpose of the Bill of Rights work that frequently placed him in honor guard members stood on both sides of was to prevent change, not to encour- high-risk environments. He did this not the hearse. Three rows of Cleveland Police age it, so that you leave people guess- for glory or praise, but to serve and Pipes and Drums members in full garb played ing as to what is appropriate, what is protect residents from all walks of life. and led the slow procession to the church. Of- politically correct and what is indeed Charlotte Bronte’s poem ‘‘Life’’ ficers lining the way saluted as the hearse legal. teaches us: passed.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00095 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4738 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 ‘‘At the church, pallbearers in dark suits His police chief Michael Navarre said, ‘‘We STATE CHILDREN’S HEALTH IN- slowly pulled the casket from the hearse. The honor a true hero, a young man who dedi- SURANCE PROGRAM EQUITY ACT casket was blessed with Holy Water before cated his life to this community... ‘‘I salute The SPEAKER pro tempore. Under a being wheeled into the sanctuary. Inside, the you [Keith]. We all salute you and a life well previous order of the House, the gen- U.S. flag covering the casket was removed lived.’’ tleman from Texas (Mr. BURGESS) is and replaced with a white pall. . . More than It is reported that ‘‘Ken Dressel, Detective recognized for 5 minutes. 2,000 people filled Our Lady of Mount Carmel Mr. BURGESS. Mr. Speaker, later Catholic Church in Temperance for a funeral Dressel’s uncle, said one of the happiest days this week, in our Committee on Energy Mass for the 35-year-old husband and father of his nephew’s life was when he was accept- and Commerce’s Subcommittee on of two. Detective Dressel’s wife, Danielle, 32, ed into the police academy. Only second to Health, we will be having a hearing held the couple’s 4-year-old son, Noah, as the his family, the slain detective was most proud called ‘‘Covering the Uninsured family was escorted inside the church. of his badge. ‘As much of a cop as he was— Through the Eyes of a Child, Part The Mass ended with Detective Dressel’s doing some of the most dangerous work in Two.’’ Now, having sat through part last call, bagpipes, a prayer, and a hymn. Toledo—we would often see him sitting on the one of this hearing, a hearing dealing Law enforcement officers streamed out of floor playing with the children at family gath- with the reauthorization of CHIP fund- the church and formed more than a dozen erings.’ ’’ ing this year, I really think the title of rows in front of the front doors. Music from The impact of this terrible tragedy has the hearing should be ‘‘Covering the bagpipes and drums filled the background. touched every comer of our community and Uninsured Through the Guise of a The officers saluted as the casket was placed Child’’ because if some deception is im- beyond. We have all been moved by Keith inside the hearse. plied in that title, indeed, I believe Dressel’s sacrifice, commitment, and courage The procession from the church to St. An- some deception is taking place within thony’s Cemetery involved more than 1,500 as well as that of his family’s. the SCHIP program. police cars and other vehicles from dozens of We recall in excerpt the lines of Now, most of my colleagues in this states. Dozens of firefighters from the Toledo Longfellow’s poem, What the heart of the body, having heard from medical pro- Fire Department and other area communities young man said to the psalmist. fessionals and hospital groups this past stood single file along the west side of Jack- Life is real! Life is earnest! month up here on the Hill, are aware of man Road leading to two fire aerial trucks And the grave is not its goal; the need for reauthorizing the Chil- forming an arch at Jackman and Temperance Dust thou art, to dust returnest, dren’s Health Insurance Program this Road. The firefighters saluted the passing Was not spoken of the soul. year. It is a good program. It has pro- hearse and procession. The extended aerial Not enjoyment, and not sorrow, vided needed health insurance to mil- ladders held an American flag, which blew Is our destined end or way; lions of needy children across our coun- south to north in the wind. The Toledo police But to act, that each to-morrow try. And both the House and the Senate mounted patrol unit joined the solemn proces- Find us farther than to-day. are discussing funding options. And we sion, including for a time a riderless horse with Art is long, and Time is fleeting, are concerned about the rising cost of boots backward in the stirrups, and led it to And our hearts, though stout and brave, health care in general but in par- the cemetery. Still, like muffled drums, are beating ticular, specifically, the rising cost for Funeral marches to the grave. Along the way, residents stood at the ends the SCHIP program. of their driveways and schoolchildren stood In the world’s broad field of battle, Fourteen States are going to expect with their hands over their hearts. Across the In the bivouac of Life, Be not like dumb, driven cattle! budgetary shortfalls in their SCHIP road from the cemetery, citizen mourners and Be a hero in the strife! program. For some of those States, officers stood silently in the cold, sometimes Trust no Future, howe’er pleasant! they are their own worst enemy. They biting breeze, for the hearse and the clip-clop Let the dead Past bury its dead! are the reason for their own problem. of the horses. Mrs. Dressel acknowledged Act,—act in the living Present! They are using children’s funding to those standing along the side of the road. Heart within, and God o’erhead! cover adults. The start of the graveside ceremony was Lives of great men all remind us In fiscal year 2005, the adult enroll- delayed to allow mourners—many of them law We can make our lives sublime, ment in the SCHIP program exceeded enforcement officers—to park and walk more And, departing, leave behind us the number of children enrolled in the than a mile to the small, fenced cemetery for Footprints on the sands of time; program in four States: in Arizona we a final tribute to the fallen hero. A shorter Footprints, that perhaps another, had over 113,000 adults in the program service included The Lord’s Prayer, which Sailing o’er life’s solemn main, and just over 88,000 children; in the many officers said aloud. The American flag A forlorn and shipwrecked brother, State of Michigan, over 101,000 adults on Detective Dressel’s casket was folded into Seeing, shall take heart again. and under 90,000 children; in Minnesota a triangle and given to his widow. Let us, then, be up and doing, 35,000 adults and just over 5,000 chil- Seven officers fired a three-volley shotgun With a heart for any fate; dren; in Wisconsin 108,000 adults, just salute as officers snapped their own salute. Still achieving, still pursuing, over 57,000 children. ‘‘Taps’’ echoed through the air. ‘‘Amazing Learn to labor and to wait. Now, why does this matter? Well, if Grace’’ was played on the bagpipes as snow- On behalf of the citizens of Toledo, Ohio, you look at what it costs to cover a flakes slowly fell from the sky. and of all the lives Detective Dressel has child versus what it costs to cover an As the Dressel family shared a last, private touched, I offer my deepest condolences to adult, for every dollar you spend on the moment near the detective’s casket, red- Detective Dressel’s loved ones, colleagues adult, you only need to spend about 60 cheeked officers sniffled as they filed out of and friends. Without a doubt, our community is cents on the child. They are generally the cemetery. better because he served. Detective Dressel healthier. A dollar spent on children’s Detective Dressel was hired by the Toledo health insurance goes a lot farther be- will not be forgotten. May their faith sustain Police Department in 1993. Held in high es- cause children tend to be a healthier them through the difficult journey ahead as teem by his colleagues, this fallen hero will be population, and if you provide them a remembered as a devoted public servant who they remember the words of Psalm 46, verses modicum of preventative care, they are was committed to his work and to his family. 1–2: ‘‘God is our refuge and our strength, a going to be healthier still. And after Despite his challenging work, Detective very present help in trouble. Therefore, we will all, if we can attenuate a disease in its Dressel never compromised his integrity or not fear, though the earth be removed, and early stages in childhood, we will avoid sacrificed his sense of humor. Evidence of his though the mountains be carried into the midst the larger expenditures of allowing legacy is clear in the heartfelt eulogies: of the sea.’’ May their strength as a family and that disease to go on unchecked over Officiating at the Mass, his priest, Father their memories of their husband, father, broth- years. Nusbaum said, ‘‘Before Keith’s laughter will er, nephew, uncle, grandson, son and friend I can think of a number of diseases fade away from this Earth, we’ll hear it in a sustain them as they mourn his loss and cele- that would fall into this category. blink of an eye. That wonderful laugh.’’ brate his legacy. Childhood obesity immediately comes

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Under a previous order of fighting heart disease in this country. single-payer government-run health the House, the gentleman from Ken- New medical innovations have im- care system through the SCHIP pro- tucky (Mr. CHANDLER) is recognized for proved the treatment of heart disease, gram. And, again, that subverts the en- 5 minutes. and public education campaigns have Mr. CHANDLER. Mr. Speaker, I rise tire concept of why this program was tonight to honor the memory of one of created in the first place almost 10 made Americans more aware of the im- our former colleagues who passed away years ago. portance of prevention. on February 16th of this year. He was a I would ask my colleagues to remem- Nonetheless, heart disease is still the former Member from my home State of ber a dollar spent on a nonpregnant number one killer of Americans, both Kentucky, and, among other things, adult is a dollar that is not spent on a men and women. One in three Ameri- had the unusual distinction of rep- needy child. Indeed, States should cans has some form of heart disease, resenting two different congressional prioritize spending on needy children whether it be high blood pressure, coro- districts in the Commonwealth of Ken- and live within their annual alloca- nary heart disease, heart failure, tucky. tions instead of looking to other States stroke, or congenital cardiovascular Former Congressman Gene Snyder from which to take their moneys when defects. And while men are more likely was a man of steadfast conviction. He their programs run a shortfall. to suffer from heart disease in their could always be counted on to fight for To ensure that States are not using lives, women are not far behind. his constituents, and you always knew children-specific funding for nonpreg- While women may have a lower inci- where he stood on the issues. Congress- nant adults, I have introduced H.R. dence of heart disease than men, man Snyder had a way with people and 1013, the SCHIP Equity Act. There are a memorable sense of humor. He loved four principles to the bill: women with heart disease are less like- ly to receive the proper preventative, to tell stories and he used those stories It prohibits future HHS approval of to foster close relationships with Re- any State waiver submitted by a State diagnostic, and treatment interven- tions. This could be due to the fact publicans and Democrats alike. for SCHIP coverage of nonpregnant We often talk about a different time that medical professionals consider adults. in Congress, when Members discussed heart disease to be primarily an afflic- The bill terminates portions of State policy over dinner with their families, tion of men and are therefore slower to waivers that HHS has approved that when Washington was more cordial, extend coverage to nonpregnant adults. recognize it in women. and when there was a sense of kinship States must eliminate coverage of Additionally, women suffering from a among fellow legislators. Gene Snyder nonpregnant adults by January 1, 2008. heart attack or angina are more likely was one of those Members committed And if the coverage of a nonpregnant to have atypical symptoms. In fact, to fostering that kinship, which is far adult was part of a multipurpose waiv- women with atypical heart attack too rare in these halls today. er, those components not dealing with symptoms who are sent home Most Kentuckians will remember the coverage of the nonpregnant adult undiagnosed from the hospital are Gene Snyder by the freeway that bears will remain in effect for the duration of about twice as likely to die from a his name. And while one road certainly the waiver. heart attack as individuals who are ad- doesn’t sum up a man, in many ways, it SCHIP has been a success story for so mitted. is appropriate. While Gene Snyder was many States, for so many children. I never afraid to vote against what he Another problem with managing am asking you to consider supporting thought was a wasteful appropriations my bill, H.R. 1013. heart disease in women is that most of bill, few Members have fought harder I want to remind all Members of Con- the research on coronary heart disease to provide the seeds of economic gress that ‘‘C’’ in CHIP stands for has been exclusively or primarily done growth for their home region. ‘‘children.’’ Let’s keep it that way. on men. As a result, test and treat- Before Gene Snyder got to Congress, f ments developed from these studies his district faced numerous age-old may be less effective in women. This is AMERICAN HEART MONTH problems; transportation deficits, traf- why there is an urge to test more fic issues and flooding from the Ohio The SPEAKER pro tempore. Under a women and do more research on coro- River to name a few. I can remember previous order of the House, the gentle- nary heart disease with women. hearing stories about people floating woman from California (Ms. Mr. Speaker, American Heart Month through the streets of Louisville in MILLENDER-MCDONALD) is recognized is a time to remember how far we have boats during the historic flood of 1937. for 5 minutes. come, as well as how far we need to go. These problems, and many more, Ms. MILLENDER-MCDONALD. Mr. Heart disease is not just a man’s dis- were tackled by Gene Snyder. He Speaker, let me first offer my warmest ease, and one of the next big frontiers helped complete the Jefferson County thanks to my dear friend and col- in battling heart disease involves im- floodwall. He showed great leadership league, the gentlewoman from Illinois, proving its management in women. Ad- in the construction of a new terminal who led the debate on the floor today ditionally, men and women alike need at Standiford Field in Louisville. And in my absence on my bill that is recog- to remember that preventing heart dis- he helped secure funding for the Clay nizing this month as American Heart ease early is preferable to treating it Wade Bailey Bridge in Northern Ken- Month. I was told that she did a great later. A healthy diet, regular exercise, tucky, better connecting Covington job, and I am very grateful to her for and avoidance of smoking all reduce a and Cincinnati and helping to drive that. Traveling from California to person’s risk for heart disease. By en- economic growth in that region. Washington sometimes is quite a task, There were countless other projects hancing both treatment and prevention and we appreciate our friends for that Congressman Snyder developed, of heart disease, we will go a much fur- standing in for us. and all the bridges he built, the high- ther way, a long way, to improving the Mr. Speaker, I would like to speak ways he paved and the buildings he health and the hearts of all Americans. briefly in support of this resolution, as raised have helped provide jobs to heart disease is an issue of great im- I urge all of my colleagues to support thousands of our fellow Kentuckians. portance to our Nation’s health, espe- this legislation when it comes to the These jobs, and the opportunities cially women who many have felt for floor tomorrow for a vote. that resulted from his efforts, will be

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Gene Snyder’s lasting contribution to cognizant that I follow the example set nessee, Representative COOPER. I yield the constituents who he took such by a predecessor and a friend, Gene to the gentleman. pride in serving. It is my honor this Snyder. I look to him has a fervent be- Mr. COOPER. Mr. Speaker, I thank evening to celebrate Gene Snyder’s life liever that democracy stems not from my good friend from Georgia. Mr. and his legacy. politicians, but from the citizens we SCOTT does an outstanding job, not f represent, and I endeavor to capture only representing his constituents, but that spirit as he did. also helping our Nation get on the HONORING THE LIFE AND SERVICE Gene Snyder was my representative, right track. OF THE HONORABLE GENE SNY- he was my friend, and he will be great- As the gentleman has mentioned, DER ly missed. I hope my colleagues will every single Blue Dog has that sign The SPEAKER pro tempore. Under a join me in honoring his life and service outside his or her office. It is a trou- previous order of the House, the gen- to his constituents. bling sign, because it shows that in our tleman from Kentucky (Mr. YARMUTH) 230-plus year history, our Nation has f is recognized for 5 minutes. borrowed $8.7 trillion. That is a lot of Mr. YARMUTH. Mr. Speaker, like THE BUDGET, DEBT AND THE money. Sadly, $3 trillion-plus have my colleague from Kentucky, I rise to BLUE DOG’S IRAQ ACCOUNT- come in the last several years. So we honor former Congressman Gene Sny- ABILITY LEGISLATION are on an accelerating borrowing pace. der. Because we find ourselves both as The SPEAKER pro tempore. Under That means the interest bills, the in- a Congress and a country working to the Speaker’s announced policy of Jan- terest we are putting on our kids and dig ourselves out of a divisive partisan uary 18, 2007, the gentleman from Geor- grandkids, is mounting very rapidly. trench, which in recent years has been gia (Mr. SCOTT) is recognized for 60 Since that number is so hard for any- characterized by petty attacks and minutes as the designee of the major- one to understand, it is important that contentiousness, my constituents may ity leader. you drill down and see what your indi- be surprised to know that I counted Mr. SCOTT of Georgia. Mr. Speaker, vidual share is. Every listener tonight, Gene Snyder as a friend. we are gathered here this evening to everyone in this Chamber and back Gene, who was always more inter- talk about the budget, to talk about home, their individual share, man, ested in the public than publicity, told the debt and to talk about the Blue woman or child, even an infant in this me a story about a persistent reporter Dogs’ Iraqi accountability legislation. country is born with a $29,000 debt be- who badgered him about a meeting he This is a very, very important time for fore they are even able to breathe their wanted to cover. Gene didn’t want the us, and we hope that this hour will be first breath of air. reporter at the meeting and refused to But as troubling as that number is, I illuminating and be very informative disclose the location. So when Gene am worried that doesn’t tell the whole for everyone. spotted the reporter in his rearview story, because there is a Treasury doc- We are accustomed having my good mirror tailing him to the meeting, ument here that is called The Finan- friend, MIKE ROSS, in this position. Gene said to heck with it. He told his cial Report of the United States Gov- MIKE ROSS is from Arkansas, and, as aide to head for the mountains, and led ernment, put out by the U.S. Treasury. we know, there was a tornado that the reporter on a 100-mile wild goose It says that using modern business-like went through there. MIKE ROSS and a chase through Virginia. accounting, unlike the accounting that group of us just came back yesterday Now, as a former member of the news the Federal Government traditionally from Europe. MIKE ROSS had to jump media, I won’t applaud that tactic, but uses, it says that according to modern on a plane and go down to Arkansas to I admire the competitive spirit it ex- accounting, our real debt burden isn’t see about his constituents, and we emplified. In any event, that was the $8.7 trillion, as massive as that is, this last time that reporter tried to get the want to make sure that we send our document from the U.S. Treasury De- best of Gene. prayers down to the folks in Arkansas. partment says the real debt burden is Although Gene and I enjoyed each Of course, MIKE knows that we stand $50 trillion. That is our fiscal exposure. other’s company, you would be hard- ready to help in every way we can to It goes on to say that our individual pressed to find more than a handful of make sure that they get the services share of that massive debt is not issues upon which the honorable Gene that they need. So we are here to carry $29,000. I wish it were that small. This Snyder and I agreed in the political on. document says that your individual arena. But political issues are only one We have a great lineup and array of share, even the moment you are born part of this job, the other being serving Blue Dogs here tonight to carry on and in this country, is $170,000. $170,000. one’s constituents. to talk about the budget, we want to That is a terrific burden. As far apart as we sat on the ideolog- talk about the debt, we want to talk I hope that this accounting isn’t ical spectrum, Gene Snyder’s model of about our Iraq resolution that we have right, but I am worried that this is the constituent service is one I aspire to before us, and the whole issue of ac- right accounting. Most Americans closely emulate. In his three decades of countability. know already that today the U.S. stock service, Congressman Snyder set the Mr. Speaker, as we get started, I market fell over 400 points. As a per- example of how to serve a district. He want to call your attention to our cent, that is not great. It is 3.3 percent. set the bar, and he set it high. chart. As you know, one of the hall- But it is still a worrisome fall. The When Gene held my seat, we in Lou- marks of the Blue Dogs is fiscal respon- Chinese stock market fell even more isville knew that we had a representa- sibility and accountability. Let’s look today. It fell at least 9 percent, or at tive with an open door and an open ear at the national debt and what it is least the Shanghai market. for all of us. If it concerned our com- today. We live in an interconnected global munity, no matter, big or small, was If we look at it correctly, it is now economy. That means to me we need unworthy of his attention. He wel- $8.773 trillion. The share for each indi- Blue Dog commonsense now more than comed us warmly, shared a laugh, and vidual in this Nation is $29,000, and it ever, because the Blue Dogs are for a left us with a feeling that something continues to go up. We want to talk strong economy, we are for a growing would soon be done to address anything about that tonight. The Blue Dogs have economy, we are for sensibly living from a clerical glitch to the need for a a plan. We want to talk about our 12- within our means and applying new highway. Inevitably, and remark- point plan to bring down this debt. It is commonsensical economic principles to ably, for an age when distrust of a one of the most horrendous areas that our budget and economic matters. power-hungry government dominated, we have to deliberate on. So I want to congratulate the gen- the issue would be handled effectively We want to get started with some of tleman from Georgia for leading this and expediently. our Blue Dogs that are here. First, I Special Order and leading our Nation As I now work to institute my own want to recognize our distinguished co- to a path of better prosperity for our open door policy, I am consistently chair from the great State of Ten- kids and grandkids.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00098 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4741 Mr. SCOTT of Georgia. Thank you today in the stock market. It is very important task force that we have to much. Would the gentleman share with interesting to note that this whole try to foster cooperation in a very im- us that document, where it came from, change happened and started early in portant alliance we have. The alliance who wrote it and what it means? the morning in China. When you look that United States has with NATO and Mr. COOPER. This is called The Fi- at how much money we are borrowing the other 25 countries in NATO is ex- nancial Report of the United States from foreign governments, needless to tremely important to our national se- Government. It is an official U.S. Gov- say China with $360 billion in debt, the curity. I don’t think people realize how ernment document. You can get it on interconnectedness of this, and our li- important it is. the Web if you go to the U.S. Treasury ability to these other countries, make It was a pleasure to have an oppor- Web site. It has an introductory letter us so dependent on them. In some cases tunity to travel with Mr. SCOTT, a by the Secretary of Treasury, who is when they sneeze, we are getting a newly appointed member to that com- now Henry Paulson, a former Goldman cold, which is what happened today. mission, and Ms. BEAN from Illinois Sachs investment banker. Mr. COOPER. The gentleman is ex- who is also here with us tonight. I This document interests me, if is not actly right. I believe the Chinese cur- know she will have a few words to say that long, it describes all the Federal rently hold almost $1 trillion in U.S. in a little while. She was with us on document, but it is the only govern- Treasury bonds. They are our fastest that trip. ment document that uses modern, busi- growing lender. They have aggressively You know, when we go abroad like ness-like accounting. purchased U.S. Treasury bonds, and that and we talk with our allies, we Every business back home in our dis- that means increasingly we are paying talk about a lot of things. On this par- tricts, every business with revenues interest to the Chinese. Our economies ticular occasion, of course, the subject over $5 million, is required by law to are interconnected. I worry that it is a continually came up of Iraq and Af- use this accounting. That is what busi- national security issue. It is not just ghanistan. NATO is helping us in Af- nessmen and women and Rotary Clubs, an economic issue anymore because ghanistan. We of course in Iraq don’t Lions Clubs, Optimist Clubs all over when you get that beholden to another have as many allies as we do in Af- America understand. And they are country, if they have any instability or ghanistan. Some of the countries in pretty shocked when they learn that problem or any reluctance to loan us NATO have a different view about Iraq the Federal Government doesn’t abide more money, then we have a much big- than they do about Afghanistan, but by those accounting rules. We cook the ger problem in this country. we are proud to have their help in Af- books. I hope that won’t come to pass. I ghanistan. It is very, very important to We pretend that we can just use what hope that we can get our Nation on a us because that is an engagement there is called cash accounting, which is very sounder footing. I wish the President I think that most of the American peo- simplistic. Only the smallest busi- had offered us a sounder budget when ple are united, that we have to have nesses in America are even allowed to he gave us one just a few weeks ago in success, certainly in Afghanistan. But whatever anybody thinks about use that. But here the Federal Govern- his State of the Union message. We that war or about the war in Iraq, one ment with a budget of $3 trillion a year need to work hard on this in the next thing I believe we can all agree upon is uses cash accounting. several weeks to improve it and make This is the President’s budget. This that the taxpayer money that is being sure our Nation is on a stronger course is what it looks like. You can also get used for those efforts needs to be used in the future. accountably. It needs to be accounted this on the Web. But it won’t tell you Mr. SCOTT of Georgia. I thank the for. That certainly has not been the anywhere in this document they are gentleman from Tennessee. You case. using simplistic cash accounting. They brought some very significant wisdom, want you to believe that you are get- We in the Blue Dog Coalition came that our debt burden is $50 trillion, and out with a plan not too long ago, a res- ting the true story. a very important piece of information But even if you read this document, olution that would require essentially from the Treasury Department which you will see that according to the accountability for the use of that gave great expanse to what our burden President’s numbers and, of course, money, would make an effort to try to is: $8.73 trillion in national debt, and they put it on the very last page here, stop the war profiteering that we be- our share for each individual in this it is on page 372, that the debt in the lieve is going on, certainly in Iraq. I country is $29,000. next 5 years, even though the President hope we can set up a commission in I would like to call on a distin- has promised us that he is going to bal- this government, very much like the guished Blue Dog, one of our hard- ance the budget, this says the debt is Truman Commission of World War II, working Blue Dogs, and one of my fel- going up $3 trillion more. which would look at the expenditure, low travelers. We just returned from an So it won’t be $8.7 trillion when Bush would actually hold this administra- extraordinary trip abroad with NATO, leaves office, when his successor is tion accountable for the expenditures had some very interesting meetings elected, it will be closer to $11 trillion in Iraq. there, BEN HANDLER or $12 trillion. That is fundamentally C , a Representative Now, the importance of that I think irresponsible and it means that the from the great State of Kentucky. is pretty obvious for everybody. Every Mr. CHANDLER. Mr. Speaker, it is a burden on our kids and grandkids is dollar that we misspend or waste in pleasure to be here with Mr. SCOTT to- going to be even more massive than we Iraq is a dollar that cannot be used ef- night, to be a member of the Blue Dog can imagine. ficiently to protect our troops, it can- So whether you use the President’s Coalition, and to hear the wonderful not be used efficiently to get the job budget or his own Secretary of Treas- presentation by Mr. COOPER of Ten- done over there, and it is also money ury’s budget, we need to be focusing on nessee who does a tremendous job in taken away from needed programs and these matters. this Congress, and who is one of the services right here in this country. real consciences of the people here in I don’t need to mention all of those b 2015 Washington. Even though some of the programs one by one. We all know The Blue Dogs are the leading group news he has to relate to us is not the what they are, from education, health in Congress to focus on this. No con- best of news, the people of this country care, right on down the line. We need stituent passes our doors without see- need to hear the truth, and that is those dollars, and those dollars need to ing that sign and reminding them that what Mr. COOPER so eloquently gives us be spent appropriately. the Federal Government is borrowing on a regular basis. But we can even go so far, if you can way too much money and putting way I very much enjoyed the opportunity believe this, to apply some of that too much of an obligation on our kids to travel this past week with my fellow wasted money on the national debt. and our grandkids. members of the NATO Parliamentary That is what the Blue Dogs talk about Mr. SCOTT of Georgia. The gen- Assembly, and there are several Blue all of the time, the national debt in tleman mentioned what happened Dogs who are represented on that very this country.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00099 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4742 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 Mr. SCOTT of Georgia. If the gen- public I don’t think is really aware of irresponsibility; and the Blue Dogs are tleman would yield, you bring up a how dramatically large this debt is. providing the leadership, have been for very good point. The waste that has But what Mr. COOPER told us was that many years, and finally we got a first happened in Iraq with our military is this doesn’t even warm it up. The real step into this process during the first just astounding. It is very important debt is more in the neighborhood of $50 100 days under the leadership of Speak- that the American people realize this is trillion. er NANCY PELOSI in passing the PAYGO the trust of our legislation. We are Mr. SCOTT of Georgia. And it comes legislation. going to support the troops. We are directly from this administration’s Mr. CHANDLER. I am just going to going to have a military and we are Treasury Department. That is why I say one more thing and then allow going to spend more on our military. wanted Mr. COOPER to make sure he some of my other fine colleagues to We are going to enlarge our military. pointed out the authorship. This is not have a word on this subject. Under our Democratic leadership, we our report to Mr. COOPER. This was put When I get ready to tell some of my are going to make our military strong- together by the Treasury Department. constituents the nature of this spend- er. Mr. CHANDLER. The $50 trillion fig- ing problem and particularly the point In order to do that, there are two im- ure comes directly from this adminis- about this administration borrowing portant points, as the gentleman point- tration. What is unfortunate is that more in 6 years than our country has ed out, in our legislation that will ad- this administration has been a large borrowed in the entirety of its history dress and act as a catch to stop some of part of the reason that the debt is that previous to these 6 years, I advise them this waste, and that is under our legis- high. It is terribly unfortunate. One to please sit down before they hear this lation, we will require that the Inspec- figure that I saw not too long ago, and information because they are not going tor General in the Defense Department you talked about it a little earlier, to believe it. It is that extraordinary. I report to Congress quarterly on exactly about our interrelatedness to China, can’t believe it. I still can’t really get how the money that Congress is allo- well, we have that connection with my arms around the fact that we are cating is being spent. And the Inspec- many countries all over the world in doing that. one way or another, but the number tor General in Iraq for the Reconstruc- b 2030 tion of Iraq will also report to Congress that troubles me is the fact that the on how that money is being spent. Bush administration has borrowed I think one of the most important So our financial accountability act more money from foreign governments points is, when you borrow to that ex- for Iraq accountability is very impor- in the 6 years that this administration tent and when you get yourself in debt tant, and I want to just take a minute has been in office than all 42 previous to that extent, it makes you less se- to point those things out that address administrations combined. cure. We are looking for security in how we are going to respond to the Now, Mr. SCOTT, I don’t know about this country. That is what the Amer- concerns of waste and fraud that you you, but that is one of the more aston- ican people want. When you are deeply have just spoken about. ishing figures that I have been privy to in debt, I would submit to you that you Mr. CHANDLER. Thank you, Mr. since I have been in the United States are, in fact, less secure, and that is SCOTT. What those points bring to Congress. I am shocked about that. what we are getting in this country. mind is it is the least we can do. As What I hope we can accomplish as we I thank you for the time. representatives of the people of the go forward, and certainly in the effort Mr. SCOTT of Georgia. Thank you, United States of America, I believe it that we are making tonight, is bring to and the gentleman brought up some is our job to spend their money effi- light a little bit to the American peo- very interesting points. We are going ciently. It is right at the top of the list ple what kind of financial situation we to talk a little bit more about that, but of the important responsibilities that have in this country and that we have I know the Americans may be asking, we have and that is what we are trying got to get our act together. It is high well, what are the Blue Dogs going to to do as Blue Dogs. time that we behave accountably to do? What is their plan? Now I don’t know about you, but I the American people, that we hold this We have a 12-point plan for budget re- grew up going to church. administration accountable for how form. I want to briefly hit the points Mr. SCOTT of Georgia. Oh, yes. they have spent the money. That is right quick. One, require a balanced Mr. CHANDLER. I suspect you did, what the Blue Dogs want to do. That is budget; two, do not let Congress buy on too. why I am proud to be a Blue Dog and credit; three, put a lid on spending; Mr. SCOTT of Georgia. You are abso- proud to be here tonight. four, require agencies to put their fis- lutely right, my friend. Mr. SCOTT of Georgia. Mr. CHAN- cal house in order; five, make Congress Mr. CHANDLER. And during some of DLER, I want to make sure that the tell taxpayers how much they are those church services, I would hear American people got what you just spending; six, set aside a rainy day time and time again about the notion said. Now, just to make sure that they fund; seven, do not hide votes to raise of stewardship. Is that a word that is get it, what you said was that in the the debt limit; eight, justify spending familiar to you? last 6 years under this administration for all projects; nine, ensure that Con- Mr. SCOTT of Georgia. It is a word this country has borrowed more money gress reads the bills that it is voting that is very familiar to me. from foreign governments than all of on; ten, require honest cost estimates Mr. CHANDLER. And that is what we the previous administrations going all for every bill that Congress votes on; are talking about here. We are talking of the way back to 1789, counting all of eleven, make sure new bills fit the plain and simple about stewardship, the wars, counting the Depression, budget; and twelve, make Congress do are we going to be good stewards of our World War I and World War II, all of a better job of keeping tabs on govern- country. All we have got is our country the way up to now. From 1789 to 2001, ment programs. and the money, the hard work that our we didn’t borrow as much money as we Now, I want to yield to my distin- citizens do and the money that they have borrowed in the last 6 years. That guished friend from Tennessee who is contribute to our national government. is very important. just one of the hardest working Mem- The least we can do is make sure that And the other staggering point about bers up here and a leader in the Blue the Federal Government spends it that is just the interest that we are Dogs, Congressman LINCOLN DAVIS properly. paying on this loan is the fastest grow- from Tennessee. I yield to the gen- I am concerned about this debt: $8.7 ing segment of our budget, and just the tleman. trillion. And what really is amazing is interest that we are paying to these Mr. LINCOLN DAVIS of Tennessee. what Mr. COOPER told us a little earlier countries is more than we are collec- Mr. Speaker, I can assure my good tonight, that not only is the debt $8.7 tively spending on our veterans, on friend from Georgia that I will not bore trillion, this is the debt that the gov- homeland security, and on education. the folks for 35 minutes in this House ernment insiders are familiar with. The That is a remarkable state of financial Chamber, nor will I bore you that

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00100 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4743 much, but it is certainly an honor to be deficit. I remember I was elected in troops, and it dawned upon me that, let with you here in this House Chamber, 1980 to the State House in Tennessee. me say now we have troops in Japan this historic Chamber. As I was travelling from my home of after World War II. We have troops in I asked one of the freshmen Members Byrdstown in Pall Mall to Nashville to Germany after World War II. I went as we traveled from the Chamber after the State capital, it came across the back and looked at the tens of thou- voting recently through the tunnel radio that we had just increased the sands of troops we have in Korea and going to the Cannon Building, and I national debt ceiling to a trillion dol- South Korea after the Korean War; I go said, well, your first 6 weeks, how does lars. That frightened me. A trillion dol- to Kosovo and in Bosnia and in Serbia it feel? He said, LINCOLN, I want to be lars in the early 1980s. I remember that and in the Balkans, and I realize that honest with you. He said, I never knew as we talked about increasing that debt we have forces there from the late how it felt to work in a museum, but I ceiling by $20 billion or $15 billion how 1990s, although there were those in this do now. difficult it was in this House Chamber. Chamber on the other side of the aisle Working here in this Capitol, where Now we increase it by hundreds of bil- that called that Nation building and those statues of the tremendous lead- lions of dollars without even really wanted to know when then-President ers of the past, inside the House Cham- having an up-or-down vote on that par- Clinton was going to give us a time ber where many decisions have been ticular debt ceiling increase. certain, even I think the presidential made, where on December 8 we de- I thought how ironic it was that in candidate at that time as well who clared war on Japan in 1941 and then 1980 how difficult it was for a debt ceil- later became the President in 2001, two or 3 days later, after being de- ing to be increased, and now it just even he was talking about Nation clared war on by the Axis Nations, Ger- seems to be as if a snap of the finger building and a time certain that our many and Italy, and that declaration and all of the sudden, we reach that troops should be pulled out. occurred here, declaration of war, real- level. As we debate this issue, it is ironic to ly the last declaration of war that has Then I watched for the next 8 years, me that anyone would accuse someone been held inside this House Chamber the next 12 years, as that debt not else of asking for some of the same and declaration of war that only Con- gradually, but very rapidly rose in the considerations that they asked for a gress, quite frankly, can declare. 3 and 4 trillions of dollars. I am think- certainty of. But we are still in Bosnia So, being here at this time of history ing in a 12-year period of time, how is and Kosovo and, quite frankly, this and being on the floor with you and that possible. If we look back basically President that is here now and this other members of the Blue Dogs cer- almost 200 years, we reached a trillion, Congress saw fit to stay there, that we and suddenly we had doubled and quad- tainly is an honor, not a privilege, but should keep the peace with our friends rupled what we had in that period of an honor that the folks back in my dis- of NATO. trict have given me, and I believe that time. But I look at other parts of the Since 2001, even with the surpluses they expect us to come here and be bi- world. We are in Turkey. Our ally in that were applied to reduce the debt partisan in our efforts, that we are not NATO, the Turks, we still have bases that this country owed, for a period of here to be demagoguing the other side there. But then I got to thinking, well, almost 4 years, out 4 years of surplus or critical, but you have to try to work now, we had a war in the Middle East, budgets where we had more than we in a harmonious way to find solutions a U.N.-sanctioned, totally supported, spent, we took in more than we spent, to whatever difficulties we have in this and started paying down the debt, I am my understanding is we probably had Nation. surprised that almost $3 trillion in the three or four times the number of I had a Member ask me when I first last 5 years has been added to that fig- troops that went in 1991 to remove Sad- came here, LINCOLN, what did you want ure down there. dam Hussein from his aggressive ac- to change when you came up here? And I often hear people talk about the tions in Kuwait, and we forced him I thought real hard, and it really did first thing a baby does—my chief of back into his country. Then we had not take a lot of thought. My answer staff just recently had a newborn son north and south no-fly zones, had him was I did not want to change America. in early December, and they nick- pretty much contained. But we still No country in the world has reached named him Willis, a pretty little thing, have troops in Riyadh, Saudi Arabia. the level of helping its citizens the way handsome little fellow. He came to one We still have troops in Kuwait. We still that this government of the United of my open meetings with him. On Sat- have troops in places like United Arab States of America has. I do not want to urday, we had 24 throughout the dis- Emirates. Are we going to have troops change it, but there are problems. We trict. I represent 24 counties. The first in Iraq when this is over? This is never need to fix those, and we can do it by thing little Willis did when he came to going to be over. working together. this earth, he started crying. I know Mr. SCOTT of Georgia. You make a So, for me, my challenge to my col- now why he was crying. He realizes very good point, and I think it is tanta- leagues on the other side of the aisle that this country, that these leaders in mount and the American people have and colleagues here on this side of the this Chamber, that this Nation has seen through and are seeing through aisle, let us start being a little more handed him a $29,000-plus debt, that he the rhetoric of the Bush administra- civil with each other. does not even have a job yet to pay off, tion. They are not buying cut and run. I left from this House Chamber after and if we continue to go as we are The American people went to the polls the debate we had on whether or not to going, before he gets his first job, he in November and they did not go to the agree with the President’s plan for a will owe more money than five times polls to cut and run. They went to the surge in Iraq is something we wanted the first house cost me that I bought polls to change direction, a new direc- to do in this Chamber, and it got to the for our family in the late 1960s. tion. point where the questions of someone’s I want to talk now about Iraq for a There is no question about the fact patriotism became a part of that de- moment. I hear people in this Chamber that we have a vital interest in the bate and dialogue. Of course, some may talk about cut and run being the policy Middle East. We know that for the obviously follow suit with that, but we of Democrats and staying the course foreseeable future, clearly 45 percent of had a debate about whether or not we being the policy of the White House. all of the known oil reserves would be supported the troops. The resolution Both of those are wrong. I do not think under that region and certainly under said we do. We had a debate about standing the course is going to get it Iran alone. All of the geologists have whether we agreed with the strategy, done, and cut and run is something, pointed out that 25 percent is under apparently the new strategy of this quite frankly, that I go back in his- that region. There is a great responsi- President to engage an additional num- tory, and I cannot find that example, bility for us all there. Nobody is talk- bers of troops in Iraq. except some folks might say Vietnam. ing about cut and run. Now I want to talk a moment about But I saw Vice President CHENEY in We are talking about what is hap- that budget we looked at and at the Japan early last week thanking our pening here is a civil war, and these

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00101 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4744 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 Iraqis have got to fight that out for Now I want to recognize and yield amend and change in our first 100 themselves, just as surely as it would time to my distinguished friend from hours. And I said, quite frankly, that I not have been right for Germany or the great State of Ohio, the sixth dis- thought we needed to do that in order France to come and plop a hundred or trict. He serves on the House Com- to be able to get the issues taken care 200,000 troops in the middle of our civil mittee on Financial Services and the of that we did. And it was with this war. That had to be settled by us. They House Committee on Science and Tech- kind of responsibility that we moved have got to settle their civil war. We nology, my good friend, Congressman forward, and that I believe now we can have got to contain the situation, and CHARLIE WILSON. I yield to the gen- work together and accomplish what that is how this new direction needs to tleman. needs to be accomplished, but certainly evolve. b 2045 looking at the realism of what is going I yield back to the gentleman. on with our national debt. Mr. LINCOLN DAVIS of Tennessee. I Mr. WILSON of Ohio. Mr. Speaker, I We need to work together, not a thank my friend from Georgia. am here this evening to support the Democrat or a Republican, but rather I think, what my hope is, all of us be- Blue Dog Coalition, and ask for a real- an American initiative, to make sure come a little bit more civil in this de- istic and responsible budget as we that every dollar we spend, every deci- bate that we are having and realize move forward. sion we make is for the betterment of that this is about America. We want I believe that for so long, we have our country. security and we want peace. We want been out of touch, and I believe that Mr. SCOTT of Georgia. If the gen- the Iraqis to win. What we have done is the debt that has been created by this tleman will yield for a point. I think it destroyed an Army in Iraq and I agree administration has been overwhelming. is very important, you pointed out that with that, we have destroyed an Army And I know that more people in Amer- in 2004, if I heard you correctly, $24 bil- in Iraq that was able to defend, or at ica need to understand what really has lion of Federal Government spending least to resist the Iranian Army with happened and how there has been went absolutely unaccounted for. But three times the population they have wasteful spending, not accountability, the other point of that is that this Con- for a period of over 10 years. We now difficulties that have just been swept gress, or the Republican-controlled have to be the Army for the Iraqis. away and we need to stop and look at Congress during that time, did not hold It is our responsibility to defend Iraq. it. the executive branch accountable for In essence, I think we have to put our So I am pleased as a new Member of the omission. So not only was the troops along the Syrian and Iranian Congress from Ohio to be a member of money unaccounted for, there was no border to be sure that no one interferes the Blue Dog Coalition. I believe that, means of putting forward account- with Iraq and let the Iraqis settle their as we take a closer look at what is ability by the executive branch. own differences. Twelve million Iraqis going on with this budget that has been Mr. WILSON of Ohio. I thank you for voted in December of 2005. They estab- submitted to us, that we realize that that observation. lished their government; it is there. there are not only numbers that don’t I truly believe this is what the Amer- Departments elected. It is time we let add up, but there are assumptions that ican people said in this November’s them govern themselves, but we must are made that really would go against election. They said: We need account- protect them. any principle of gap accounting and You have been very kind to allow me ability. We need people to be respon- any type of realistic obligations that to be here participating in this Blue sible. And that is why the election we have to the American people to ex- Dog conversation. turned the way it did. And I believe Before I leave, one thing I want to plain to them. now that it is important for us to pur- say, one of the reasons we have been in The numbers show that while real sue every opportunity to make sure the Middle East since shortly after fiscal responsibility is so sorely need- that we have fiscal responsibility, to World War II, quite frankly, we were ed, this is not what we have in this make sure that we are doing the right there to keep Germany from getting all budget. And it becomes important that things for the people, and keeping an the oil that could have helped them we have people like the Blue Dogs who eye on our national debt. delay the war much longer in World have, and I have my new sign outside Just last week, I received a graph in War II, maybe even have won some ter- my new door in the Cannon Building at my office, and the amount of debt that ritories. Europe may have looked to- 226, of which I am very proud to be a we are paying to foreign countries is tally different if Hitler and his Nazis member of the Blue Dog Coalition to huge in comparison to what we are had been able to get control of the oil show that every man, woman, and spending on education or health care fields in the Middle East. We have been child in this country is in debt $29,000 for our seniors. That is the thing that there and have been invited by govern- as of today. And that number may be is most difficult to understand about ments in the Middle East for some realistically much lower than what it this, is how we can let the really im- time. Folks may or may not have actually is. portant things go and spend all this agreed with us, but the leaders who The numbers also show that we need money on interest. I know as a busi- were there invited us to help them. accountability. In 2004 alone, the Fed- nessman, I could not run my business Quite frankly, there was fear in the eral Government spent $25 billion that that way. As a person, I couldn’t run Cold War that that might go to the cannot be accounted for. I have heard my personal finances that way. And so Communist Nations of Russia and per- other rumors and other stories of there is no reason to think that we haps even China. So we have been there money that just disappeared. should run our government that way. for a reason. This is not fair. It is not fair to the Moving forward, I just think that we We now are there we say to protect people, the taxpayers whose money it need to be sure that this Congress is re- ourselves from terrorists. My opinion belongs to. It is not fair for the pro- sponsible. And one of the primary ways is that we have to stay there to protect grams that we could be doing for our of doing that, that the Blue Dogs are the Iraqis from other aggressor Nations seniors, for the education of our chil- advocating, is PAYGO, and that is as and let them solve their problems and dren, the health care that we could we pay as we go, just like you and I do then we can bring our troops home. We provide, and to help those in middle in our budgets at home. If we are going will be there for a long time. The America, the working families to help to buy a new car, we need to make a American public understands that. with opportunities for them. sacrifice of something else. If we are Thank you for allowing me to speak. We were able in this new Congress, to going to go on a vacation, there needs Mr. SCOTT of Georgia. Well, thank move forward. And just yesterday, Con- to be something traded for that. you. The gentleman from Tennessee gressman SCOTT, I did a TV interview PAYGO, quite frankly, Mr. SCOTT, says brings a lot of depth to his thinking, in Youngstown, Ohio. And the person that what we really have to do is to and we appreciate his contribution to- interviewing me asked why did we pro- make sure, if we are going to pay for- night. hibit the other side from being able to ward, that we eliminate something

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00102 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4745 that we are doing now, and then we pay tracting process is. And also, not just kind of tough love to our constituents as we go. what we in this country are providing, and to our Nation, and hopefully to our Mr. SCOTT of Georgia. I certainly but also what are other countries that Congress, because we need to be talk- thank the gentleman for his observa- are allied with us are providing to what ing about what Americans need to tions. They have been very illu- is going on there as well. It provides hear, not what they want to hear. And minating to us especially on the budg- contracting accountability in addition so I am glad to be joining you tonight. et. We have a number of other Blue to spending accountability, with a Mr. SCOTT of Georgia. If the gentle- Dogs here we want to bring into this. commission akin to the Truman Com- woman would yield for a moment. I I want to now recognize my good mission that was done in the past to would like very much to engage you in friend from Illinois and one of my fel- oversee the contracting process, the the feeling of that trip. And it was so low travelers. We just returned to- policies, how they are being carried important to gather with representa- gether from NATO, and she has some out, and whether those contractors are tives of those 26 other nations and 13 refreshing observations, I am sure, fulfilling their obligations as well. And associate nations with NATO, because from that trip of how it relates. She is it also puts sanctions in place for any we have got to understand, we can’t go a good friend and one of the hard-work- kinds of fraud or abuse that can be it alone. ing Blue Dogs who is making a great happening. Ms. BEAN. Absolutely. contribution to this Congress, and that It also provides budget account- Mr. SCOTT of Georgia. One of the is Ms. Melissa Bean of Illinois. I yield ability. As you and I know, and we fundamental charges I felt and respon- the young lady as much time as she have talked about this in our Blue Dog sibilities I felt going, and you did, too, may need. meetings, there have been six emer- we talked about it, was we have got to Ms. BEAN. I thank the gentleman gency supplementals, and those emer- improve the image of working with from Georgia for yielding. It is always gency supplementals have all been for other nations to move forward. But I an honor to join you here on the floor war spending. Given the number of think that the highlight to me and I as it was an honor to join you during years we have all been engaged in this think to you was that visit with the the NATO parliamentary assembly process in Iraq, it is no longer an emer- soldiers. that we attended together. And one gency. This is an unaccounted for Ms. BEAN. Very much so. thing that didn’t come up that you spending; this isn’t something that we Mr. SCOTT of Georgia. And you and mentioned earlier with Congressman are surprised by. And so what we are I have talked about that, and I just CHANDLER was that, in addition to vis- requiring in this bill is on budget war want to share for a moment the touch- iting NATO headquarters in Brussels, appropriations. And it also requires ing experience that we shared going we also visited the Landstuhl Medical Iraqi accountability. So let me go and flying into Ramstein Air Base and Facility in Germany where our return- through all four of those, and then I going to Landstuhl to the medical cen- ing wounded are coming from both Iraq will describe what I mean by the Iraqi ter and going from room to room. We and Afghanistan. And it was important accountability. went and we talked with soldiers fresh to meet with them and hear from them Spending accountability, contracting off the battlefield in very serious con- their firsthand experiences and what accountability, budgeting account- ditions, and it was a remarkable expe- brought them there, why they are ability, and Iraqi accountability. rience. And I know you joined me in fighting so hard, and their concern for And that means that we need to hold saying that on the floor, we salute those in the platoons that are still accountable not only the Prime Min- those soldiers. fighting. And one of the things I want- ister al-Maliki, but the Iraqi govern- Ms. BEAN. Absolutely we do. ed to talk about is bringing some ac- ment, to be accountable first and fore- Mr. SCOTT of Georgia. And we just countability to that process. most to protecting themselves on a want to say thank you personally to And I will also mention that there sovereign basis. And as you alluded to those soldiers for their sacrifice, for has been a lot in the press recently earlier, it is our job to help contain the their service, and express to them a about Walter Reed and some concerns situation from insurgents outside, but great gratitude for a very, very grate- about infrastructure and investment they need to, for their own security, be ful Nation. that I know we are working to address first and foremost in assuming a higher Ms. BEAN. Our entire Nation. as we look at appropriations. But it degree of responsibility, as many of us Mr. SCOTT of Georgia. We are so was encouraging to see the medical supported the President when he said, proud to do that. professionals, their commitment to fa- as the Iraqi people and the Iraqi mili- Ms. BEAN. I would agree. Our entire cilities and just the top-notch care tary stand up, we can stand down. And Nation is grateful to them, and to their that our returning men and women so we have to hold them accountable to families who were there supporting who have been wounded are getting and doing that so we can. them through their injuries. hear how pleased they were with the I am going to lastly talk about the And on that note I will yield back, level of medical support they are get- budget in general and why I am a Blue because I know we have Congress- ting. Dog. You have your sign up there, we woman SANCHEZ, who is also anxious to But the Iraqi War Cost Account- all do, and it talks about the $9 trillion speak. ability Resolution which we in the of debt that we are now at. And I think Mr. SCOTT of Georgia. We certainly Blue Dogs introduced is what I wanted Congressman COOPER alluded to the thank you. And I hope you might hang to touch on, because several of my Blue fact that the foreign borrowing that we around a little bit. We may get into a Dog colleagues and yourself, Mr. are doing is contributing to that. We little soliloquy here. SCOTT, have mentioned accountability, are now borrowing, as a Nation, $7 bil- I would like very much to now recog- and I think it certainly what our con- lion to $8 billion per working day from nize one of our longstanding Blue Dogs, stituents expect of us. And one of the foreign countries; $2 billion to $3 bil- certainly established as a leader in this reasons we supported this bill is it pro- lion of that is just the government Congress, one who befriended me, one vides accountability across four dif- alone. And at that rate, we are going to who makes a sterling contribution as a ferent disciplines. It provides spending continue to exacerbate this debt and leader of the United States Congress, accountability; it enforces trans- the individual share that we are pass- the young lady from California, Ms. parency, and requires the Department ing on to every American. LORETTA SANCHEZ. I yield the young of Defense Inspector General to provide I think, as a parent, I often remind lady as much time as she may need. regular reports on exactly what spend- myself that tough love is important. It Ms. LORETTA SANCHEZ of Cali- ing has taken place, what spending is not my job as a parent to tell my fornia. I thank my colleague for put- hasn’t taken place, what projects we kids what they want to hear, but to ting together this hour to discuss what are working on, what the status of tell them what they need to hear. And I think is something that is very im- those projects are, what the con- I think the Blue Dogs bring that same portant; that is, what the Blue Dogs

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00103 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4746 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 are thinking about in this Congress billion more a year than the monies we Then, of course, we have the $3 bil- and what we have been trying to do. take in. lion a week of money we spend in Iraq. Now, I will tell you that I have been Now, we will throw numbers around, I will not tell you the way I feel. This in the Congress for 11 years. This is my to $143 billion, deficit, $400 billion, def- President went into Iraq on the cheap. 11th year. I have been a Blue Dog the icit, $358 billion. No, no, no, no, no. The He didn’t think that Americans would entire time. And that really comes reality is that we are overspending by really want to spend the kind of money from the fact that before I came to the anywhere between 700 and $800 billion it took to put in 200,000 or 300,000 Congress, I was an investment banker. every year. That is why this number troops to do the job the day we went in. I am an MBA, I have been in the inter- goes up, because we cannot get this So he told his Secretary of Defense, de- national finance arena for 14 years be- under control. spite what the generals told him, fore coming to this Congress. Mr. SCOTT of Georgia. If the Shinseki, who said we need at least So people ask me, what is the thing gentlelady would yield for a moment, I 200,000 or more troops in there, they did that you worry about the most when think it very important for us to real- it at the level of 110, and now we are you go to sleep at night? And the an- ize, you also alluded to it, you might paying for it. Now we have been in a swer is always the same for me: The want to hit on it a little more, the un- war much longer than we ever antici- structural financial debt and deficit fairness of it all, the war being paid on pated, much longer than the President that we have in Washington, D.C., be- borrowed money. Every dime we are ever anticipated. cause most people have not looked and spending in our government, for our Mr. SCOTT of Georgia. Especially seen and realized what has been going services, on borrowed money, it is not what was most disheartening was the on here in Washington, D.C., but I have going to last that long. Many civiliza- buildup to that war, to use the credi- seen it in the last 11 years. tions and nations have gone down be- bility of General Colin Powell, and b 2100 cause of ballooning debt. then to abandon what you refer to, That is why, as a Blue Dog, I also If you look at all of them that have with the huge number of troops, the have that sign up that says what to- gone down, ballooning debt is what Powell doctrine. You are going to go day’s national debt is and how much of played such a great part, and the self- in, you go in with force. that $29,000, if every man, child, woman ishness of the tax cuts, the war, what- Ms. LORETTA SANCHEZ of Cali- in America, would give us $29,000 ever we are doing, and we are selfishly fornia. So we find ourselves there today, we would be able to bring down doing that and putting the burden, as longer than we are supposed to be, and the national debt. But the fact of the you alluded to, on the backs of our we ask ourselves, how much longer, $3 matter is, we don’t. We don’t, and the children and our grandchildren. I think billion a week on the credit card? Wait debt keeps climbing. you make an excellent point there. till America really figures out that So a few years ago, we were trying to Ms. LORETTA SANCHEZ of Cali- they have not paid for this war. I think think about, well, how is it that this fornia. Absolutely. So I started in this they are going to be very angry at that has happened? Because when I came, it Congress 11 years ago, and we spent 18 point. I see I have taken most of your was in 1997. I had 4 years under Presi- cents of every dollar just on paying in- time. dent Clinton, and at that time, the terest on interest payments. Then we Mr. SCOTT of Georgia. We thank the debt of this Nation, the interest pay- tightened our belts; we did PAYGO. young lady from California for your ex- ments on that, was 18 cents of every President Clinton and others, we cellent insight on this, and your com- dollar that we collected, 18 cents. worked together, we brought it down. mentary was certainly well received, That means if we collect a dollar In the year 2000 when President Bush and it helped to shed the light on the from you in taxes, 18 cents of it we took over, we were paying 11 cents of debt and the importance of it. don’t spend because we are paying the every dollar on interest. So we had So we appreciate this hour, the Blue interest cost on that. Imagine if you brought it down. Dog hour, as we continue each Tuesday did that in your home for every dollar. Then, of course, the President de- night to talk about the budget, to talk So what did we do? We worked hard. cided to give tax breaks to some of the about bringing fiscal responsibilities We instituted PAYGO. What does that wealthiest Americans. I know, because and being good stewards to the tax- mean? Well, it means you don’t make I got a tax break, but not everybody payers’ money. It has been a good any new spending unless you are going got a tax break. The real people who evening. to tax, put in an amount of money for really needed the tax breaks, I think, f it, or you are going to take it away did not receive them. That is why I didn’t vote for it. I received it because HONORING FORMER from some other area you are already CONGRESSMAN GENE SNYDER spending on in order to spend in your the majority, the Republicans at that new priority area, much the way people time voted it in, but I didn’t vote for it The SPEAKER pro tempore (Mr. do it at home when we have to decide because I know what fair is fair. BRALEY of Iowa). Under the Speaker’s among the priorities. If you get opportunity in this coun- announced policy of January 18, 2007, Okay, well, this month, September, I try and you work hard, and you get a the gentleman from Kentucky (Mr. have to get the shoes for the kids for few breaks and a little bit of luck along DAVIS) is recognized for 60 minutes as school, so that means that there are the way, that can happen in America the designee of the minority leader. going to be no days out of that month for almost anybody. And some of it is GENERAL LEAVE that we get to go out and eat at a res- luck, and you happen to make money. Mr. DAVIS of Kentucky. Mr. Speak- taurant. I mean, you just make up for I think you should understand that to er, I ask unanimous consent that all it in one way or another. keep America full of opportunities, we Members may have 5 legislative days But the Congress and the United need to pay our taxes. in which to revise and extend their re- States do not do this. They keep spend- So I am willing to do that, but not marks and include extraneous material ing, even when they give tax cuts. So this President, because he cut the thereon. that means if your boss told you we are taxes on the people who had lots of The SPEAKER pro tempore. Is there going to give you a 70 percent cut in money and who were making lots of objection to the request of the gen- the amount of money you take home, money. His own comptroller told us tleman from Kentucky? and you go home and you tell your hus- several years ago that 70 percent of the There was no objection. band that, but he still keeps spending deficit every year in this country is Mr. DAVIS of Kentucky. The subject the same amount of money every due to the tax breaks that the Presi- of our Special Order tonight is to re- month, he doesn’t bring his expenses dent gave. In other words, we kept member a great man of this Chamber down. spending even though we didn’t take in and a great Kentuckian and a great So it is a problem. So we spend, I revenue. In fact, we returned back rev- person, a friend to virtually all who would say, honestly, about 700 to $800 enue. knew him. Mr. Speaker, I rise tonight

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00104 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4747 to pay tribute to my friend and fellow We have heard those words: ‘‘Vote for Gene, what do you want this time? As Kentuckian, Congressman Gene Sny- Gene Snyder. He is your working Con- a member of the Public Works and der. gressman.’’ Transportation Committee, he helped Born in Louisville, Gene Snyder In fact as recently as the last few secure Federal funding for critical began his political career in 1954 as a years, that jingle, which has not been transportation infrastructure in Ken- city attorney for Jeffersontown, Ken- used in a campaign since 1984, was still tucky. tucky, at the age of 26. In 1962 he ran considered the best political song in Some of Gene’s projects included the for Congress and was elected to rep- the radio stations in Louisville. Gene Big Mac Bridge of I–471 from Newport resent the Third District of Kentucky. thoroughly enjoyed interacting with over to Cincinnati dedicated in 1981, After losing his bid for reelection in his constituents, and his enthusiasm Clay Wade Bailey Bridge from Cov- 1964, he turned right around and ran for his job showed in his ability to re- ington to Cincinnati, which opened in again in 1966. This time, he was elected call the names of thousands with whom 1971. He also secured Federal dollars to to the seat that I now hold from Ken- he came in contact. protect Bellevue and Dayton from flood tucky’s Fourth District. Even more telling was the fact that waters of the Ohio River. He was re- He went on to serve Kentucky and many of his constituents simply knew sponsible for creative engineering to the Nation for another 20 years until him as Gene. They never knew the fact bring about, from a legislative perspec- his retirement in 1986, bringing a that their Gene was considered by col- tive, the construction of the bridge record of credit upon his office and umnist Jack Anderson here in Wash- over the Markland Dam. doing great service to the people of ington as one of the 10 most influential I would like to highlight his cre- Kentucky’s Fourth District. Gene had Members of the House of Representa- ativity on these for a moment. Gene a tireless work ethic, both in Wash- tives because of his work ethic, because was a man who built relationships and ington and in Kentucky’s Fourth Dis- of his knowledge of the rules, his friendships on both sides of the aisle. trict. He was a master political oper- knowledge of policy and procedure, and He was known for his card games. He ator and strategist, and his dedication the commitment that he made to the was known for a happy hour that he to the conservative cause was without citizens of his district and to this coun- ran out of his office in the days of the equal in the 1960s and 1970s. try. old House. He stood by Barry Goldwater for During his time in the House, Gene In fact, he told me late one night at President and was swept out of office was an unyielding force whose vision- his house years ago, the story of how in the 1964 Johnson landslide, only to ary efforts laid the groundwork to im- the I–471 bridge came about. He said to return 2 years later. prove our region and the lives of Ken- me, he said, Geoff, how do you think I can personally relate to that and tuckians for generations to come. we got that bridge? Answering as some- Gene’s character and his persistence, Though a fiscal conservative through body from the outside, I said, Well, I having lost my first election and an- and through, he worked tirelessly to figure you had the studies from the nouncing on election night that I was bring Federal funds back to Kentucky Corps of Engineers and the economic running again and getting up the next and the Fourth District. impact and the designs and the budget. morning and going to work for 2 more He did this for one purpose: he under- He laughed and he said, No, it was the years to win and to make a difference. stood the value of investment and happy hour that got Newport, Ken- Gene was a great example with his meaningful infrastructure for eco- tucky, that bridge. work ethic, with his character, with nomic growth, to lay a foundation for He told me how Tip O’Neill, who was his devotion and his tenacity. He en- job creation in the future. The key to a good friend of his, would regularly joyed campaigning, and he relayed to that is what we see today, areas that come by, the Speaker of the House, to me stories of many people who cut were farm fields 25 years ago, 20 years his office, sit with him, play cards, their proverbial teeth on his cam- ago, 15 years ago have born the fruits have an occasional drink. One night he paigns. I have heard stories literally of his investment, the seeds of his vi- had come by, had a few drinks and sat from hundreds of people across the old sion that were planted in economic de- back in Gene’s chair, and the Speaker Fourth District who remember him, velopment and economic growth that put his feet up on the desk and said, who remember meeting with him. has made this area the Fourth District Gene, you’ve got your bridge. He built He worked and reaped the benefits from the eastern part of Louisville up relationships to get results. He built for those who followed him in office. He through northern Kentucky one of the partnerships for success on both sides laid a foundation for those of us in the greatest technology growth corridors of the aisle in the House of Representa- delegation who came after him. Ground in the Commonwealth and also in the tives. work for a strong Republican Party in Ohio Valley. the Fourth District, campaigning was When my friend Rick Robinson, the b 2115 not something that Gene did every 2 new legislative director for Gene’s suc- Markland Lock and Dam is another years. It was a life-style for him. cessor, now Senator JIM BUNNING, at- area that illustrates his creativity in He was in a constant state of cam- tended a Congressional Research Serv- legislation. He made a comment to me paigning, reaching out, building friend- ice briefing on policy and procedure as on another conversation and he said, ships, reaching across the aisle, reach- a new congressional staffer, he told me you have got to make sure you have ing across the fence on an arm, across recently that many of the examples got a legislative director who knows the wire at the county fair, meeting that were cited by the instructors on how to read the rules and the laws gov- people in storefronts. He used to tell parliamentary procedure, on the rules, erning every aspect of projects or in- me how on Saturdays he would often on the way the House of Representa- vestments that you want to make in get in his car when he was back in the tives works were all centered around your district, on guiding legislation district and drive Highway 42 from Gene Snyder and his efforts, his exam- that will benefit our citizens. And he Pewee Valley where he lived on up to- ple of being able to build momentum, cited this as an example. Southern In- wards northern Kentucky, stopping in his example of being able to force an diana and the Central Part of the small coffee shops, in storefronts to issue when it was necessary or deter or Fourth District near Carrollton and visit with ordinary people. slow one down and that it was not Gallatin County were suffering eco- He was a man without pretense, one going to be productive for his party or nomically. He was seeking for a way to who people simply knew as Gene. Ev- for the citizens of the Fourth District. link that north and south commerce eryone from our region still remembers It is rumored that when he would across the river. Gene’s famous campaign jingle, and walk into the committee with the Jef- What was there was the Markland more than one person has nostalgically ferson rules, the rules of the House Lock and Dam, a Corps of Engineers sung the whole song to me word for under one arm, the chairman would structure that had no bridge. He set his word since I got into politics in 2001. simply lean over and ask him, Well, legislative director to work, and his

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00105 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4748 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 legislative counsel researched for sev- could use his name. And I said, Con- him. In his last years, he was not in eral weeks and came about with an ar- gressman, we would be honored if we good health and was in constant pain cane statute from the late 1800s that could name this program after you, the and I cherished the few moments that stated that not a bridge, but an access Gene Snyder Congressional Internship. we had. But he leaned on me and he road could be placed across a Corps of He stopped for a moment and he said, grabbed my arm and leaned over and Engineers structure. So laughingly, well that sounds mighty fine. And then whispered in my ear he said Geoff, you late in the night he said to me, GEOFF, he said, you know, no, GEOFF, you need have got my vote. Now go get theirs, that is not a bridge down there on the to name that after yourself. And I was and pushed me towards a crowd of new Markland Dam that links Indiana and taken aback as a freshman congress- people that I hadn’t talked to yet. Al- Kentucky. That is an access road. And man when he said that. ways the campaigner, always the con- if you go and look carefully you will We talked back and forth for a little summate politician, always caring for see that. bit and I finally shared with him that the stewardship of the office. Well, I drove down there after that I felt it would be not only somewhat As we look at these times and the conversation just to see for myself, and ostentatious and vain for a first time legacy that was given, I think there is I started to laugh as I looked and I saw congressman to name an internship no better person to share a perspective a freestanding bridge simply bolted to program after himself, I just felt it on Gene Snyder than the dean of our the dam. And I think it was is that would be inappropriate because of the delegation. Hal Rogers was elected to type of creativity that made a dif- legacy that Congressman Snyder had. Congress in 1980. He knew Gene Snyder ference, and that dam still today is cre- And he stopped and he said, you know, during his time coming up in Kentucky ating jobs and creating commerce and you are right, GEOFF. Naming it after politics. He knew him as a colleague linking communities on both sides of yourself may cause you some problems. here in the House, and many Members the Ohio River to the benefit of genera- So you go ahead and name it after me. have learned from him. And I would tions that have come after him. I burst out laughing on the phone and like to yield as much time as the gen- He secured Federal dollars for a wide I said Congressman, I said Gene, you tleman from Kentucky’s Fifth District variety of projects. Probably the two of are just shameless, to which he re- would consume to just share his per- his better known legacies are the belt- sponded wryly, he said no, GEOFF, I am spective. way around Louisville and the Federal just looking out for your best interest Mr. ROGERS of Kentucky. I thank courthouse that both bear his name. for the future. the gentleman for yielding this time, Gene was an extremely down-to- And even today we have Gene Snyder and I want to say to him how much I earth man. He was without pretense. interns working in our office, carrying appreciate him taking this Special Literally, what you saw was what you on the legacy that that man began Order out as the successor to Gene got with him. The only thing that he when he was elected to the Fourth Con- Snyder in that district to allow us to ever wanted to be named for him was gressional District of Kentucky in 1966. pay tribute to this legendary figure. I came here in January of 1981, and the Federal courthouse in Louisville. It is my hope that this program will Congressman Snyder had been here, of This was situated directly across the continue for many years to come and course, long before I got here, had been street from the Louisville Courier will help foster that spirit of civic serv- here at that time I guess 14 or so years. Journal, his long time media nemesis ice that would make Gene Snyder But he took me under his arm and and frankly, the media nemesis of Re- proud. taught me many of the same lessons publicans for over a generation. Gene In October, 2006, I was part of a his- that the gentleman has just referred told me that he was thrilled that day toric event that took place in Oldham to. A kind, gentle soul. But when he County, Kentucky during the latter and when that opportunity came along, had a project on his mind you better part of my campaign. It was a meeting that the editors who so longed to opine get out of the way because he was between Senator JIM BUNNING, Gene against him and his fellow Republicans tough, and he knew what he was doing. would have to look at the name of Snyder and myself, and it was a hum- And he carried in his pocket a list of Gene Snyder every day as they left the ble privilege to be part of the final those who voted against his bill so that employees entrance of the Louisville gathering of three Members of Con- if you wanted a favor from Gene Sny- Courier Journal to see the Gene Snyder gress who served the Fourth District of der you had better be on his list that United States Courthouse. Kentucky. Gene Snyder and Senator he always carried with him. He would Ironically, not long after that con- BUNNING have been constant always refer to that list when he was versation, one of those editors who was encouragers to me and have helped thinking about helping his colleagues. still working for the Courier Journal make the Fourth District what it is And that made him very, very effec- told me he figured Gene had the build- today. tive. ing named after himself just to aggra- I am forever in debt to their hard He was a dear friend and a mentor of vate that specific editor at the Jour- work and service to the commonwealth all of us. He was particularly helpful to nal. and to our Nation. To me, the newest me as a freshman Member of this body. In 2005, I was proud to carry on the person to inherit a piece of this great And I was very, very sad to see him Gene Snyder tradition with a legacy legacy that Gene gave us, I can share leave the body in 1986. But he deserved for him to name a new intern fellow- that the highest compliment that I a retirement. But we never could get ship program after him. Working in could pay to him is to say that he was him to come back to Washington to see conjunction with Kentucky University, real. I became a better campaigner and his friends. When he finished his work Northern Kentucky University and certainly a better and more effective here, he was finished with his work Thomas Moore College, my office has Member of Congress listening to Gene’s here and he retired to his home in Flor- had the privilege of bringing talented advice. In fact, just today we passed ida. students interested in politics to work our first piece of bipartisan legislation At his funeral last Saturday in Lou- full-time for a semester in Washington, in this new Congress, and I have put isville, a beautiful ceremony, Senator D.C. to see the people’s House from the the legacy back to the advice that he MITCH MCCONNELL, the Republican inside, to see that it is not all the gave me before I got elected, of build- leader in the Senate, from Louisville, writings in a civics book, but it is rela- ing those friendships and those rela- an intern in Gene Snyder’s office, that tionships, it is friendships, it is a proc- tionships to benefit the people of this is where he got his start, paid Gene ess that the Founders gave us to move country. And I say thank you to Gene Snyder one of the most beautiful trib- our government forward and to move Snyder for that legislation that passed utes that I think I have ever heard. the Nation forward. today. The eulogy that Senator MCCONNELL I thought long and hard about ap- At one event when we were together gave to Gene Snyder is memorable. proaching him on the name, and I fi- I was trying to talk to him at length In fact, Mr. Speaker, I am going to nally called him and I asked him if I because it was just so exciting to see quote that eulogy because it says what

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00106 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4749 I would like to say myself, except it the stirrings of an anti-American a Lincoln car on warm summer nights, has been said so well by the Senator. counter culture that he would battle, stapling his campaign fliers to tele- So if you will bear with me, I am going always with good humor, for much of phone poles until the sun went down. to quote the eulogy that Senator the rest of his life. ‘‘A master of the practical joke, Gene MCCONNELL gave at the funeral Satur- ‘‘It was a difficult time, but it was once told a staffer to find a reception day. exhilarating too. Young conservatives room in the Capitol that hadn’t been ‘‘Twenty years have passed since were quietly developing the ideas that cleaned up from the night before and to Gene Snyder said goodbye to Wash- would one day drive the political cul- bring back the flowers. A little while ington. We gave him back to Pat, and ture in Washington, and men like Gene later, one of the female staffers on the she took good care of him until the Snyder, who dared to speak those ideas Public Works Committee found the end. We honor you, Pat, for your devo- in a hostile crowd, gave all of them flowers on her desk with a love note. tion to Gene on the wonderful journey reason to hope. Gene wrote the note, but he signed it that was marked by much suffering in ‘‘Those were the thoughts that were with the name of an unsuspecting male these last years, and we share your going through my mind at least, Sen- staffer. grief. ator MCCONNELL says, when I applied ‘‘His humor even found its way into ‘‘Kentucky politics has been known to be an intern in Gene’s office after legislation. The Kennedy Center was to produce some fine storytellers. Mar- my junior year at U of L. Like most in- supposed to be a self-sustaining insti- ion Gene Snyder was one of the best. terns, I spent most of that summer in tution. But when it couldn’t pay its You wouldn’t want to share all of these the mailroom. But I was working for a bills, it would ask the Public Works stories with the League of Women Vot- man who knew what he believed. That Committee to help out. Gene was the ers, or the Plague of Women Voters as appealed to me. top Republican on that committee, and he called it. But when Gene died last ‘‘It appealed to me even more when I he didn’t like the idea at all. So he in- week, one of the greatest Kentucky saw him lose his seat the following troduced a bill proposing Friday night stories of all time came to a close. year. Most Republicans were running wrestling at the Kennedy Center as a ‘‘Born in West Louisville to Marion away from their party’s presidential way of boosting ticket sales. and Lois Snyder, Gene came of age in a nominee, Barry Goldwater. Gene stood ‘‘A visitor to the House of Represent- time and a place where you worked still. He embraced Goldwater, even atives in the late 1970s might have no- hard, went to church on Sunday, and when it was clear that Lyndon Johnson ticed a large man in a brightly colored always voted democratic. His dad was about to destroy him in the gen- sports coat. Gene liked to dress himself worked a number of jobs to support the eral election. He brushed off the loss when Pat was out of town. Well, C– family. Gene summed up his childhood with customary good humor. He took SPAN put an end to that. One day like this: I was a poor boy, he said from out an ad in The Washington Post that three worried viewers from Kentucky the other side of the tracks in a cold read, ‘‘caught in the LBJ landslide. called Gene’s office to say their Con- water flat. Congressman must sell three bedroom, gressman was on fire. The camera ‘‘But what he lacked in privilege he one and a half bath home on large lot made his cranberry and orange jacket made up for in smarts. Politics called near schools and churches.’’ look like he was engulfed in flames. at an early age and Gene responded in ‘‘When a curious reporter called the ‘‘Gene always enjoyed a relaxing at- the only way he knew how. He gave it number on the ad, Gene picked up on mosphere. After a late night at the everything he had. He enrolled at the the other end. Johnson carried my dis- Capitol, Members always knew where University of Louisville, went to law trict by 64,000 votes, he said. I lost by they could relax or have a drink. The school. He volunteered as precinct cap- 16,000. That means I was 48,000 ahead of third floor of the Rayburn House Office tain before he was old enough to vote Goldwater. Building was a good bet. You might ‘‘I wouldn’t have done anything dif- and he won his first political appoint- find Gene there playing gin rummy ferently in that campaign, he said. I ment as Jeffersontown City Attorney with friends or telling a story. You don’t think you should rise above prin- in 1954 at the age of 26. would just follow the laughter. ciple just to win an election. Continuing to read now from Senator ‘‘So he came back home, started over ‘‘By 1979 most of the Nation had MCCONNELL’s eulogy at the funeral, he and won again 2 years later as a proud moved firmly in Gene’s direction. Gold- says, ‘‘party officials saw his talents conservative. And for the next 20 years water finally won his election in the right away, and 8 years later, they the people around Louisville and person of Ronald Reagan, and Repub- tapped him as a candidate for Congress. Northern Kentucky knew they were lican officials in Louisville were ex- ‘‘Youth wasn’t the only obstacle he home when they heard Gene’s cam- cited. I remember because there were faced. Let’s not forget that back then, paign jingle come over the radio. I about two of us back then, me and ‘‘conservative’’ was a bad word. When think most folks felt the same way Gene. We announced our support for Gene was preparing his run, a famous about that jingle as the customer who Reagan together, and Kentucky voters Harvard economist summed up the na- walks on to the screen in that Head-On would give our 40th President their en- tional mood. These are the years of the commercial and says, the commercial dorsement a year later.’’ liberal, he said. Almost everyone now Now, continuing from the eulogy is annoying, but the product is great. so describes himself, ‘‘The gentleman from Kentucky that Senator MCCONNELL gave at the ‘‘Not Gene. He was conservative be- made the most of his time in Wash- funeral Saturday: fore being conservative was cool. And ington. He threw himself into his work ‘‘Gene’s good humor was matched by he made no apologies for it. Most peo- with the enthusiasm of a child. It was his skills as a lawmaker, though he ple would have excused him for moder- a different time. Slower, more conge- didn’t like to admit it. ’I’m a lawyer,’ ating his views until he got his feet nial, more fun. Gene Snyder was the he’d say, ’but not enough to hurt.’ under him. But he wasn’t the type to perfect man for those times. ‘‘Yet anyone who worked with him bend in the direction of the crowd. He Now, continuing from the eulogy knew he was one of the great parlia- stood still and watched as the rest of that Senator MCCONNELL gave at the mentarians of his day, someone who the country bent toward him. funeral Saturday, ‘‘the people around brought a staggering knowledge of the Now, continuing from the eulogy here learned the art of politics by rules to the Public Works Committee that Senator MCCONNELL paid tribute watching him lean over fences and and a lot of good things back to Ken- to Gene on Saturday at the funeral, shake hands with tobacco farmers in tucky. ‘‘he was 35 when he arrived in Wash- Carrollton. ‘‘He was instrumental in building the ington with the rest of the class of ’63. Jefferson County Floodwall, the Mark- He had a lot to say and a way of saying b 2130 land Dam Bridge, the Clay Wade Bailey it. He saw a lot that year. A President They learned to enjoy it, too, the Bridge in Covington, and the Banklick assassinated, a new administration and way he did, riding up Dixie Highway in Creek Watershed Flood Control

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00107 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4750 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 Project. He was responsible for the We won’t see his kind again, unfortu- day. Mike left government at the time Dayton Floodwall; the Falls of the nately, but I am glad that I had the that Gene retired and had a long and Ohio Wildlife Conservation Area; the honor and privilege of knowing Gene distinguished career in government re- renovation of the Louisville Post Office Snyder for many, many years, listen- lations, helping Ashland Oil, later Ash- and the Louisville Courthouse; and a ing to his advice, laughing at his sto- land Inc., to reach out and commu- new terminal at Standiford Field; new ries, and enjoying the companionship nicate its needs and the needs of our bridges in Covington and Newport; the that we did. God rest his soul. citizens in Kentucky legislatively and Gene Snyder Airport at Falmouth; and, Mr. DAVIS of Kentucky. Mr. Speak- was a great friend to the Common- of course, the freeway. That is what er, I thank the gentleman. wealth and was also one of those prod- Gene called it anyway. Just the free- Congressman ROGERS, I think you ucts of Gene’s influence and his way. captured the emotion and the power of mentorship. ‘‘Gene embodied the old rule that that funeral, the eulogies, the Another was Joe Whittle, who met Members of Congress should be friends reminiscences that brought so many to Gene the first time in 1975 when he was after 5 o’clock. He was a committed laughter. Sitting with Gene and Pat running for attorney general in Ken- conservative, but even liberal Members Snyder was always a wonderful journey tucky at a time that it wasn’t cool for lined up to thank him in his last days back to the old House in the days be- Republicans to be running on a state- in Washington. One of them had this to fore C–SPAN, before 24-hour news cy- wide ticket. Gene called him up on the say: ‘Gene Snyder has been devoted to cles, before multimillion dollar cam- phone. Joe was a little taken aback to building things like bridges across riv- paigns. get a phone call from the famed Con- ers and streams, but he has also de- The one thing that struck me about gressman Gene Snyder, but he invited voted himself to devoting goodwill him when I first met him was his com- him to come up to meet him in Louis- among people.’ plete lack of pretense. As a young man, ville and then drive up to Northern ‘‘When the last staffer turned off the I couldn’t believe this was a Congress- Kentucky to give a talk at the Beverly lights and pulled the door shut on man, compared to the image that one Hills Supper Club to a large group of Gene’s Capitol Hill office, an era in would have on TV, somebody so ap- Republicans there. When Gene got up Washington ended. The people in the proachable, so transparent, and his to introduce Joe Whittle, he used his Fourth District saw a lot more of him great gift of humor. He could teach humor to make that strong point about and Pat. The members of Owl Creek with humor. He could scold with humor how he had sized up Joe’s character, Country Club would hear his stories and make his point very clearly. He and he said, This is Joe Whittle. He is now. The people at Concordia Lutheran was a man who built friendships that a lawyer but not enough to hurt. And saw him quite a bit. transcended partisan differences. they instantly became friends and were ‘‘But Washington would miss, and As Congressman ROGERS mentioned close and intimate friends until a week still misses, his common touch, his from Senator MCCONNELL’s eulogy, one ago when Gene left this Earth. Later lack of pretense, his principle. of his great friends in the House was ‘‘Age and illness would take their Joe Whittle became the United States Congressman Carl Perkins, who rep- toll in the last years of Gene’s remark- Attorney for Western Kentucky. resented what is now the western part able life, but his humor remained. Old The investment that Gene made in so of the Fourth District, centered in Ash- friends would call just to hear the re- many lives has transcended their im- land, Kentucky, in Boyd County. He cordings on his answering machine. mediate impact and gone to other gen- ‘‘But now death has done its work, and Carl Perkins could fight on the erations. and a great American story comes to floor, fight in the hallways on issues, Anne Gernstein, who is now the an end. Yet we know it continues. This but at 5 o’clock they were friends, and chairman of the Olden County Repub- husband, father, lawmaker, mentor, they were strong friends committed to lican Party, was his office manager at and friend goes to the Father’s house the Commonwealth, committed to the his office in Louisville. And before I now. future of Kentucky. first met Gene, I met Anne. She was ‘‘We take comfort in trusting him to He was a strong leader. And probably helping with the local campaign, and I the Lord of Mercy, who tells us that in the highest compliment that I could walked in the door as a new volunteer, the life to come, every question will be pay him is that he was real. And that just wanting to get involved in politics, answered. Every tear wiped away. And fact is never lost on those who knew and I would have never thought at that we look forward to the day when we see him. Those who were his foes in legisla- time that I would have the great honor Marion Gene Snyder again, upright, re- tion had tremendous respect for him and privilege to follow in the legacy of stored in body, healthy and strong, and invariably they liked him. that great man. reaching across the fence to take our The real fruit in a person’s life comes Gene, we will miss your humor and hands.’’ from the seeds that are sowed in many that twinkle in your eye right before So, Mr. Speaker, that is the eulogy lives, the fruit that is born from that. you are about to spring a joke on some- that Senator MITCH MCCONNELL of Ken- I think of several names to mention one. tucky, the senior Senator from Ken- here that come to mind. Congressman To Pat and the children, thank you tucky, the Republican leader in the ROGERS shared his perspective on for sharing this great man with us. Senate, as he delivered the eulogy to Gene’s influence in his life. I have Your hospitality and kindness are re- our friend Gene Snyder Saturday at shared mine on his influence on me. My membered by so many that you have the funeral in Louisville. I read the eu- wife, Pat, and I used to live in La touched throughout the years. logy because I could not say it any bet- Grange, Kentucky, down near the Lou- Gene Snyder left an indelible imprint ter. isville suburbs. My first campaign on Kentucky and our country. With his Gene Snyder was a legend in his own chairman in Olden County was Harold passing, Kentucky has lost, and the Na- time. He is a legendary Member of this Smith. Harold Smith, as a young attor- tion has lost, a great leader and a true body. He was one of the most powerful ney in 1966, managed Gene’s first cam- statesman; but his legacy continues to Members of this body for many years. paign for Congress in the Fourth Dis- live on. But beneath that sometimes publicly trict, and then he helped manage my f crusted personality was that warm, first campaign for Congress in 2002 and gentle spirit and warm, gentle heart; then again in 2004 and again in 2006. I THE 30-SOMETHING WORKING that helpful person who reached out a think about that legacy of friendship GROUP hand to help those who needed it, and how he reached out and was known The SPEAKER pro tempore. Under whether it be a Member of Congress or by so many in the community. the Speaker’s announced policy of Jan- a person back home looking for help on Another was his staff director on the uary 18, 2007, the gentleman from Flor- a Social Security claim or a veteran’s Public Works Committee, Mike ida (Mr. MEEK) is recognized for 60 min- pension or the like. Toohey, who also was with us on Satur- utes.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00108 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4751 Mr. MEEK of Florida. Mr. Speaker, it tion. No one is really trying to bother Let’s take Walter Reed out. I have is an honor to address the House. that or hinder that. We just want to gone to Germany, Mr. Speaker. I have And to my colleagues on the Repub- make sure that the troops have what seen service men and women without lican side of the aisle, it sounds like they need when they go into harm’s legs. They didn’t have what they need- our past colleague Mr. SNYDER and his way, need it be Iraq or Afghanistan. ed. We were told they had what they family served our country well, and we I mentioned a little earlier in my needed, but they didn’t have it. appreciate his contributions to our talk about readiness. I think it is im- Just 2 weeks ago, last week during country in serving in public service. portant that we identify this, because the debate, I think it was on Tuesday Mr. Speaker, as you know, this is the it is used a lot here on the floor. Being or Wednesday, I was at the White first night of business, returning back a member of the Armed Services Com- House for a meeting and we had an op- from the Presidents Day break. Before mittee and having had an opportunity portunity to ask the President ques- we left we had a week-long debate on to travel to Iraq twice, and looking for- tions and I had an opportunity to ask the question of Iraq, a nonbinding reso- ward to going back soon and going to the President a question. And I shared lution opposing the troop escalation Afghanistan and other areas where we with the President, we talked the non- that the President has put forth at this have a military presence, readiness is binding resolution. The President time. very, very important. agreed he thought that it would pass And the discussion continues, Mr. Readiness is almost like if you have here on the floor because the votes Speaker, as we start, Democrats and an illness and you are going in for a were there. He has people that are Republicans, molding out the direction major operation, you want to make counting these votes. that we have to head in in this coun- sure that that doctor has what he or I said, ‘‘Mr. President, I think it is try. The American people, Mr. Speaker, she needs to be able to carry out your important as we look at this as being a voted for change and a new direction. procedure. nonbinding resolution, there will be a And to bring about that kind of change I think it is important as we look at binding resolution or a binding supple- and new direction, there are going to our National Guard and we look at our mental, emergency supplemental for have to be some votes here on this Reservists and we look at our active the war in Iraq and Afghanistan, and floor that are going to speak volumes duty that they have what they need to there will be language in there, and back home of how we are going to pro- carry out the mission if they are sent you shouldn’t have a problem with it, ceed from this point on and how we are to Iraq. You can’t go unless you have to say that we should not send the going to assist our men and women in up-armored Humvees that are going to troops unless they are ready. I am not harm’s way and how we are going to match the mission. You should not go talking about mentally, I am talking deal with this issue in Iraq and in Af- and we should not send them if they about having the equipment they need ghanistan and other domestic issues don’t have the Kevlar vests that they to carry out the mission and not find that we have here. need. They should not go and we should themselves in harm’s way without hav- I am very pleased to not only share not send them if they don’t have the ing the kind of backing that they need with the Members, Mr. Speaker, but kind of backing that they need from a to be able to carry out the mission also with the American people the fact support standpoint that is trained and once again.’’ that 246 Members of the House voted in ready for the mission in Baghdad, need Of course, the President came back the affirmative to disagree with the it be door-to-door searches, need it be in a very roaring voice saying, President as it relates to the recent guerilla warfare, need it be the general ‘‘KENDRICK, do you believe that I would troop escalation of some 20,000 combat equipment one may need to carry out send men and women into harm’s way? troops and anywhere from 3,000 to 4,000 that mission. I hear about the funerals. I write the support personnel being sent to Iraq, There is nothing wrong with the word letters and I call the families. You be- which was announced by the President ‘‘readiness.’’ I put it in the category, lieve that I would do that?’’ on January 10 of this year. Mr. Speaker, of responsibility. I think I don’t believe that the President it is important. I think it is irrespon- would do that. But let me just share b 2145 sible for us to send men and women this with you: It has happened, and I I think it is very, very important to into harm’s way without the necessary think it is important that we realize note that that was a nonbinding reso- tools that they need. that it is happening. lution. Even though it was nonbinding, Now, there are some Members that Yes, if I am talking to a friend of it really set the course for the Congress are saying, well, why do you have mine and they are saying, well, you to play a role. Members concerned? A colonel told us know, I know there have been reports I think the reason why we are in the or the President told us or I read some- of the new car that I bought, that it majority, and when I say ‘‘we,’’ the where in a news release or I saw on the has some sort of problem with the en- Democrats are in the majority right news that they have everything they gine that has come out in the auto re- now, Mr. Speaker, is not the fact that need, and why would we send them port or what have you, but I am going our message was better than the Re- over there in the first place? We all to be okay regardless. publican message in the last election. I have their best interests at heart. Maybe it is not the best analogy that think the American people were count- I am going to share with Members, I can come up with at this point, but ing on change and heading in a new di- Mr. Speaker, that being a member of we have been told that the troops have rection. the Armed Services Committee in the what they need, we have been told they So it is important, and I am encour- last two Congresses and this Congress are ready for the mission that they are aging the Members in a bipartisan way, too, I have seen the Secretary of De- being sent to, and we found out other- that we work very hard to give the fense say they have what they need. wise later. American people what they want and ‘‘Anything the troops need, we will Now, Mr. Speaker, it gives me no to give the men and women in uniform give it to them.’’ And later I will pick pleasure, and Members, it gives me no what they need. I think that is a Con- up a news account that they don’t have pleasure, we are at 3,154 men and gress having oversight hearings; a Con- what they need, or go to Walter Reed women in uniform that are dead now. gress debating the issues as it relates and talk to a soldier that ended up We appreciate their contributions to to troop readiness; a Congress that is being blown up in a Humvee because of our country and we appreciate the way willing to take the tough votes when an improvised explosive device, be- that they have applied themselves on they need to be taken; to be able to cause that Humvee did not have the behalf of what we sent them over to do. provide the kind of leadership from the up-armor that it needed. It is the total But I will tell you standing here as a congressional oversight end. opposite of what I hear here on Capitol Member of Congress, that some of The President is the commander-in- Hill and what I have seen at Walter these deaths could have been prevented chief. That is outlined in the Constitu- Reed. if they had what they needed.

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Now, Members can go back and forth Mr. MURTHA did, and to say that I have about the debate that is taking place, on how you feel about leadering up, been to Iraq, I have had oversight hear- and I am excited about the forward manning up and womaning up to be ings, and I must add that he has had progress that we are making in that able to do what you need to do as a more oversight hearings since this Con- area. Member of Congress to fight on behalf gress has been active in the last 2 I just want to address one more thing of these individuals. I am not ques- months than they had in the entire before I turn it over to my colleague, tioning anyone’s patriotism. I am not 109th Congress with 2 years combined Ms. WASSERMAN SCHULTZ. questioning anyone’s integrity. I am and then some. Mr. Speaker, I was very disturbed not even questioning any Member of And that the committee is hard at last week and have been disturbed, and Congress’ will or desire to make sure work to make sure that when those here in the 30-Something Working that we give the troops what they need. family members look at those men and Group, we have been talking quite a bit I believe we all are well-intended. women that are going into harm’s way, about our veterans. Now, I mentioned But we have to make sure that when that they know, not maybe, not, well, that a little earlier because the vet- that man or woman leaves their family you know, I am trying to get there. erans, we say we are the 30-something on a tarmac, need it be at an active I heard what the President said. I Working Group. A lot of those veterans duty military camp or at a commercial heard what the Secretary of Defense are 30-something now. Many of them airport where you have Reserve and said. I even heard a member of the are even 20-something, because of their National Guard individuals that are brass say it. When they go out on pa- service. Some of them are 40 and 50- leaving to go into harm’s way, it is our trol, and I am not a military person something. And they are coming back. duty and our responsibility as Members and I am not going to represent myself In the last Congress, in the 109th and of Congress that have oversight of the as someone who has served in uniform. 108th, those were the only two Con- taxpayer dollars to make sure, even I have just been a State trooper and I gresses I can account for, because be- though someone has said it is going to have been an elected official for 13 yond that it was my mother serving be okay, but to make sure that they years, and I have served here in this here, and I am pretty sure that I can have what they need. It is that simple. Congress for the last 4 years and a cou- get a good account from her about So, I was not shocked, Mr. Speaker, ple of months. And I have been federal- what happened or I can research in the by seeing the bipartisan vote before we ized by the people that elected me from CONGRESSIONAL RECORD, we have Mem- left on President’s break. I am defi- the Seventeenth Congressional Dis- bers coming to the floor chest-beating, nitely not a prophet and I am not a trict. ‘‘Oh, I support the men and women in psychic, but I knew, based on the mes- I will tell you this: I know what my uniform and our veterans, and I am sage from the American people, Demo- job is, and I know what Mr. MURTHA’s going to be in the veterans parade and crats and Republicans, I am not just job is, and I know what the job of all of I am going to wave and carry on and I talking about proud Democrats kind of the Members of Congress, including the am going to let them know that I love got together and said hey, let’s do this. Members of the Senate and the Presi- them.’’ We don’t have 246 Members here in this dent of the United States and the peo- Well, let me just say this: In the House on the majority right now, so it ple that he appoints, that we need to 108th and the 109th Congresses, veteran took 17 Republicans to come along make sure, we need to make sure be- benefits were cut, period. They were with Democrats or to be with Demo- yond 100 percent, we need to make sure cut. And as we continue to talk about crats or to be with individuals that un- 160 percent, if we can, 200 percent, that it, as we continue to dissect the Presi- derstood that message last November those men and women that go into war, dent’s budget, this document here, as from the American people. that their chance to come back to this we continue to dissect this budget As far as I am concerned, in the 30- country the way they left is our para- here, find out what is in it and what is something Working Group, we don’t mount duty. not in it, what is going to be given to focus on issues, ‘‘let’s go to the floor So, I am not really tied up in a de- the American people and what is going and make sure we gain a greater ma- bate, Mr. Speaker, and I don’t think to be taken away, we are going to find jority.’’ Not when it comes to national here on this side of the aisle and even out where this administration falls and security. Not when it comes to the some of the Members on the other side the old majority in this House falls on very heartbeats and the way of life of of the aisle are tied up in the debate the issue of veterans. those individuals that put their lives about the details of the obvious. b 2200 on the line and those that have put The obvious is, Mr. Speaker, the fact their lives on the line in the past, and that the troops should have what they Now, I can speak, and I know we can I am going to talk about them a little need when they go into harm’s way. speak, in a very bold voice when we later, Mr. Speaker. Why are we even talking about that? talk about our commitment to vet- You don’t play politics with that. Why are some Members objecting to erans. I have a veterans hospital in my That is national security. That is that being in the emergency supple- district. I have actually two. When I go someone’s daddy, that is someone’s mental, to say that they should have and visit, I look at those men and mother, that is someone’s son, that is what they need to go into war? If it women. They could have served back in someone’s daughter that may not come wasn’t so serious, it would be funny. So Korea, World War II. I even met a gen- home because someone told someone I think the Members, we need to kind tleman who served in Grenada, Haiti, else in Washington, D.C. that it was of put that to the side and say that 82nd Airborne. You have these individ- going to be okay. there are other issues that we have to uals that are there. Vietnam, that are Now, there are a lot of folks around deal with. there. Some folks may not know that here editorializing on what Mr. MUR- Profiteering of the war, reams and they served, but we know they served. THA is talking about from Pennsyl- reams of paper, Inspector General re- Our responsibility in Congress is not vania, who is an outstanding Member ports of how U.S. contractors have to just carry on and talk about how we of the Congress and also happens to be been fleecing of the U.S. taxpayer dol- support the men and women in uniform the chairman of the Defense Appropria- lar. Our paramount, one of our fiscal and those who have served, and we tions subcommittee. paramount responsibilities is to make honor them and we appreciate them; I think it is important that we look sure that the Federal tax dollar is not but I think it is important that we at someone who is a decorated Marine, only appropriated, but disseminated in speak with our dollars and our commit- that has fought for us to salute one the right way to make sure that ulti- ment here as Members of Congress. flag, who served in Congress double mate accountability is paramount once In January of 2003, the Bush adminis- digit years, that still is willing to serve again. tration cuts off veterans health care this country. We have someone that is So I am excited about what is hap- for 164,000 veterans. That is on our Web willing to say I voted for the war, as pening here, Mr. Speaker, I am excited site.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00110 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4753 March 2003, the Republican budget about what has happened in the last for us so valiantly, and the analogy I cuts $14 billion from veterans health two Congresses and beyond, that we will make is while our troops might care. That was passed by Congress with have already put $3.6 billion, and we not come home, and thank good they 199 Democrats voting against that haven’t had a full cycle to be able to are not coming home to the same reac- measure of cutting the $14 billion. even dissect the budget and to appro- tion as our Vietnam veterans came In March 2004, the Republican budget priate. So saying that, I want to pass it home to, how is this not as bad? It is shortchanged veterans health care over to the gentlewoman from Florida actually worse, in a way, because in- again by $1.5 billion. That was passed (Ms. WASSERMAN SCHULTZ), a good stead of just having to suffer the wrath by the Congress, 201 Democrats voting friend of mine. I am glad she is here to of their fellow Americans, which was a against that measure. shed light on our message here tonight. travesty and certainly hurtful and March 2005, President Bush’s budget Ms. WASSERMAN SCHULTZ. Thank harmful, instead they come home and shortchanges veterans health care you so much. It is a pleasure to join suffer the wrath of their government, again by more than $2 billion. Again, my 30-something colleagues, Mr. MEEK the benign wrath of their government. 201 Democrats voted against that. This and Mr. MURPHY. ‘‘Benign’’ meaning not specifically in- was House Resolution 95. The vote Mr. MEEK, you started talking about tended to harm, but it is like death by number was 98. the travesty that was revealed by The a thousand cuts. In the 30-Something Working Group, Washington Post just before last week- Mr. MURPHY of Connecticut. If the we actually pull information from the end about what is going on at Walter gentlelady would yield for a moment, CONGRESSIONAL RECORD. I think it is Reed Medical Center and the campus let us also think about what this mes- important that Members and the and its facilities. sage is to those that would sign up for American people realize that. I had the privilege of going to visit this volunteer military force being sent Again, November 2005, the Bush ad- our men and women that are at Walter to defend our country overseas. Not ministration as it relates to the short- Reed who have come back from Iraq in- only is this unconscionable to those fall, Democrats fought that summer to jured. Almost every soldier I met with who have sacrificed everything to fight be able to get back the $2.7 billion that was an amputee and went through a for this country in Afghanistan and was taken out. And we have a member devastating experience, devastating in- of the Appropriations Committee here, Iraq, but think about those who we are jury. But the ward that they take you but in the last continuing resolution asking to join the Armed Forces. We through, like this article says, is spit- because the Republicans did not do don’t have a draft any more, and many polished and brand-spanking clean. their job, Mr. Speaker, in making sure people are thankful for that. We rely There is not a shadow of what is de- that the work was done when the on the decisions by courageous men scribed in this third-party validator, Democratic Congress took over, they and women across this country to join which is how we refer to our informa- couldn’t get all of the bills passed. voluntarily our Armed Forces. tion that we bring out here to dem- They just kept punting down the So when they see people coming back onstrate the facts. street. In our continuing resolution, we from these wars, being treated without I want to read just a paragraph from retooled Members’ projects and other the basic dignity that any of us would the article. I want to highlight some of nonissues that weren’t a priority be- expect those men and women to be the things, and we have been joined by cause of the thirst that veterans have treated with, I would think, I hope it our good friend Mr. ALTMIRE from and the Department of Veterans has to doesn’t, but I would think it might Pennsylvania. provide the services for our men and give pause to those that would join our This article hit me like a ton of women that serve. The Democrats in- military. bricks: ‘‘Life beyond the hospital bed,’’ creased the VA health care budget by So I think of this from a point of con- and this is what is going on at Walter $3.6 billion in a joint funding resolu- science deep inside me, and I also think Reed that is not what they show us as tion. I say all of that to indicate it is about it from a standpoint of national important that we do this. Members of Congress and that they security. What kind of signal are we One last point. While we were on show the President and Vice President sending to those who are going to be break, The Washington Post: ‘‘Soldiers about what is going on at Walter Reed. the next generation of troops when this face neglect and frustration at Army ‘‘Life beyond the hospital bed is a frus- is how we treat them when they come top medical facility’’ here in Wash- trating mountain of paperwork. The back. ington, D.C., Walter Reed Hospital. typical soldier is required to file 22 Ms. WASSERMAN SCHULTZ. Thank This is a Washington Post article, Sun- documents with eight different com- you. That is a very important and valid day, February 18, 2007. It was dropped mands, most of them off post, to enter point. here on my doorstep in Washington, and exit the medical processing world, I want to read a quote, and that D.C. I read this, and it was a follow-up according to government investigators. quote is this: ‘‘So let’s get something article. I think it is important that the Sixteen different information systems straight right now. To point out that American people and Members of Con- are used to process the forms, but few our military has been overextended, gress pay close attention to what is of them can communicate with one an- taken for granted and neglected, that happening. other. The Army’s three personnel is no criticism of the military, that is You have patients and outpatients databases cannot read each other’s a criticism of the President and Vice that are saying that Walter Reed, they files and can’t interact with the sepa- President and their record of neglect.’’ are encountering a messy bureaucratic rate pay system or the medical record Who do you think said that? I will battlefield that reminds them of the keeping databases. The disappearance tell you who said that, George W. Bush, real one that they faced overseas. of necessary forms and records is the as a candidate, said that on November It also talks in this article about rats most common reason soldiers languish 3, 2000, in an interview on CNN. and mice and dead insects in this hos- at Walter Reed longer than they I think it is pretty clear that he was pital. Smells and carpet stains. should,’’ and it goes on. right almost 7 years ago, and it is just Again, Mr. Speaker, our job, yes, we That is just unbelievable. A moun- sad that he didn’t mean it. It is sad say we support the troops. Yes, we say tain of red tape and bureaucracy is that he didn’t actually do anything we support veterans. We are supposed what our troops come back to the more than say those words instead of to say that. But when we come here United States to and have to deal with. taking to heart what he supposedly be- and we take our voting card out and we I thought we well established after 9/11 lieved at the time and making sure go to these committees, we have to that interoperability and communica- that it didn’t happen when he became make sure that we follow through on tion between systems was an obstacle President. what we say. that was intolerable. Clearly Walter Reed, the lack of body So I am excited by the fact that by How could we allow this to happen armor and preparation and training reading everything that I have read and just let our veterans, who fought that we are sending, that we have been

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00111 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4754 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 sending and he was willing to send our want to say that our leadership was tainly was that part of our change in troops over to Iraq and Afghanistan able to put in $3.6 billion in funding in- foreign policy had to be doing justice without, is clearly still something that creases for the VA health system. I to those veterans. So I hope that when he is willing to do. Unfortunately, all have said many times, and I will say it people hear us talk about some of the the President has been is a candidate here again tonight, Mr. Speaker, that I bad things happening within our vet- who spews words with really not too will never support a budget bill that erans system here, they understand much meaning behind them. It looks does not fund the VA health system to that we are only saying it because we like Mr. ALTMIRE would like to say maintain the current level of services are part of the movement which is something. every year that that budget funds. going to change that. Mr. ALTMIRE. I thank the gentle- The Disabled Veterans of America b 2215 woman from Florida and the 30-some- were in my office today, and they thing Working Group. They have been neglected for far too shared with me a pretty remarkable I was in my office doing some work long, and we have seen what has hap- statistic, and I hope I get it right. In after the district work period, and I pened at Walter Reed. We have seen the previous foreign conflicts, the ratio of heard the gentleman from Florida (Mr. situation as outlined in great detail, those killed to those that were wound- MEEK) speaking on veterans and the and I do want to commend The Wash- ed in battle was 3 to 1 wounded to problems at Walter Reed. I had to come ington Post for the job that they did in killed in action. In this conflict, it is 16 down here and join in the conversation, putting forward these facts because to 1. Now, that is great news, that we and I appreciate your offer to do so. these are things that needed to be have made advances in protection for I want to tell you about a few things known. our soldiers, in armor, in the ability of that happened in my district back We have a backlog in the VA of our medical professionals to intervene home. I had several meetings with or- 400,000 cases. A 400,000-case backlog in on the battlefield that we are saving ganizers and folks in the veterans com- the VA health care system. Mr. Speak- that many lives. It is a tragedy that munity in my district. I toured a VA er, that is just unacceptable in this one is lost, never mind the 3,000. hospital that is undergoing a major ex- time. The stress, though, that that puts on pansion. As we were doing this So I will yield back, but I did want to our system is a great one. We have throughout the week last week, the ar- say that I was in my office, and I just more and more wounded, more severely ticles from The Washington Post about could not resist the opportunity to wounded coming into our hospitals, what was happening at Walter Reed ap- come down one more time and say that and it means that we have to step up to peared. I share the frustration of the Members meet that new obligation. We are so I have to tell you that the veterans here, the 30-something Working Group, lucky to have people coming back that community in my district, and I am on this issue because I personally am a can still go on to lead productive lives, sure in other districts around the coun- little bit tired of the rhetoric that cer- but only if we provide them with those try, my veterans were outraged at tain people are not supporting the resources. what was happening there because troops. I agree that there are people The other story that they told me there has been a lot of talk during the who are not supporting the troops, and was of the number of young soldiers debate on Iraq and other forums that I will leave it to others to determine just back from this war who are ending certain individuals are not supporting who that is, but I do not think that up in in-patient care in our State vet- the troops and not displaying the right that has a place in the debate when we erans hospitals, those that have been commitment to the troops, and there is have a situation at Walter Reed that afflicted not just by the physical a partisan affiliation with that. But I has been outlined. We have a budget wounds, but by the mental wounds as want to tell you, we have a situation situation where we have not funded our well. taking place at Walter Reed where we veterans as we should have in past Our obligation has to be not just to have veterans returning from Iraq and years, but we are going to make up for treat the broken bones, the damaged from Afghanistan, as has been pointed it with this year’s budget and con- bodies, but also to the mental stress out, with severe injuries. These are 19 tinuing budgets. that these brave men and women have and 20 year olds, with severe, long- Mr. MURPHY of Connecticut. Mr. come back with. term, lifelong injuries. These are the Speaker, I thank Mr. ALTMIRE. Your I just want to talk for a minute people that we are talking about when veterans in your district and veterans about who we are talking about here, we are having the debate on Iraq and across this country have you to thank, because we have fought previous bat- Afghanistan and who is supporting the along with others, that you helped tles in a very different way. We have troops and who is not. rally to the cause to make sure that relied largely on our enlisted men and I would leave it to others to deter- the continuing resolution that we women to fight these wars, and I think mine who is at fault here. That is not passed here, which is effectively the we need to remember who we are ask- what this is all about. What this is Act that keeps the government oper- ing to go over to Iraq and to Afghani- about is protecting our veterans and ating, that provides the resources to stan to fight because no longer is it finding a way to improve the system. different agencies, including the Vet- just our enlisted men. I have to say I shared the outrage of erans Administration, you made sure We are treating our National Guard the veterans in my communities when that that bill had the proper resources basically like they are our normal I heard about these articles because in it for our veterans. Army today. Sometimes we forget these are the people that are fighting Here is the good news. We are talking that. It is good we are the 30-something for us overseas that are in harm’s way, about what is past and we also have to Working Group here because some- and the situation in Iraq and Afghani- talk about the prologue as well. A new times young people that have only seen stan is going to be the subject of an- sheriff is in town, and the good news this conflict think that that is how other debate coming up on funding and for veterans and for the American peo- things are, that the National Guard we are going to hear some rhetoric ple is that we are going to make those and the Reserve are sort of like every- thrown around I am sure on this floor investments in veterans health care. body else and they get sent over there, and other places about support of our We are going to change things in this and that is what they signed up for. troops and who has been supportive of Congress. Mr. ALTMIRE and I ran in Well, that is not what they signed up our troops. part to make those changes, and Mr. for. That is not how we have conducted As the gentlewoman from Florida MEEK and Ms. WASSERMAN SCHULTZ our military interventions in the past. knows, during the debate on the budg- stood up here night after night after We have zero active duty or Reserve et, the continuation resolution, I was night making the case for that change. brigades in the United States right now one who pushed very hard for increased If the American people spoke out that are considered combat ready. We funding for our Nation’s veterans. I about many things, one of them cer- have 84,000 members of the National

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00112 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4755 Guard and Reserve that have been de- are involved in under dubious cir- months to 2 years to access your health ployed two times or more since 2001. cumstances to begin with. benefits at the VA. This is shameful The average mobilization for a Reserve I do not know if Mr. MEEK wants to treatment for people who are our he- or National Guard member is 18 jump in here now, but he is still sitting roes in this country. We need to have a months, and now, as we are learning so I imagine not. So I will go back to national commitment to supporting that the President is once again going Mr. MURPHY. our veterans. to rely on National Guard forces to be Mr. MURPHY of Connecticut. We are These are people who put their lives part of this new escalation in Iraq, we talking about the best of the best. If on the line for us. These are people who are finding out that these forces, as anyone was able to operate and achieve have left their family, as we have they get ready in their hometowns and under the strain, it is the men and talked about, and we have had a situa- their home States, are not even close women in our Armed Forces, and so we tion in recent years where we had not to combat ready in terms of the equip- expect a lot of them because we know given them the help that they need on ment they need. the training they have been through. the VA health side. We have made a The Oklahoma National Guard re- We know the kind of people they are, commitment in the new Congress that ports that one-third of their members but we have asked so much of them we are going to make up for that as we do not have the M–4 rifles. that we can ask very little more. have talked about. Ms. WASSERMAN SCHULTZ. On We do differentiate at some level be- But I do want to make clear that ev- that point, just to focus on the Na- tween our enlisted men and our Na- eryone in this House realizes, both Re- tional Guard and how correct you are tional Guard and Reserve troops, and I publican and Democrat, that these are about how they are being treated think it is appropriate because when the heroes of our society. Nobody is versus what they signed up for, there you are talking about them, you are going to argue with that. These are are now 14,000 National Guard troops talking about ripping somebody out of folks that we applaud them for their ef- being deployed earlier than they were a family, out of a community. forts. We thank them and we cannot originally scheduled to meet the de- These are not just fathers and moth- show our gratitude in any more force- mands of the President’s proposed ers. These are small businessmen. ful way than to give them the funding plans to escalate the war. These are employees. These are em- that they need when they come back National Guard and Army units are ployers. These are members of the home and find themselves in a VA being called up sooner than previously PTA. These are members of the Elks health care facility or receiving treat- scheduled, and that is even though Club. These are people who hold com- ment at the veterans facility, even on some of these units do not have the munities together. That is the type of an outpatient basis. equipment that they need. They do not people that our members of the Armed Ms. WASSERMAN SCHULTZ. I want have the training, and some of them Forces are. Those people that sign up to follow up on what you are saying are having to go over there foregoing for the Reserve and National Guard do and emphasize and demonstrate what the training. that because they have this commit- we are doing to our best, and I do mean Mr. MEEK and I are going to be meet- ment to their community, and it does doing to our best and brightest once ing with our general, who is in charge not end with their commitment to they have come back. You have been of our National Guard in Florida very their military service. They are part of an eloquent champion of our veterans. soon. I just saw the request today, and the community in ways that a lot of I think it is important to recall a pri- I am looking forward to meeting with other people are not. vate conversation that you and I had him. I met with him in my district in So when you talk about bringing peo- on the floor during the run-up to the Florida as well last year, and the con- ple out two or three times to serve in adoption of the supplemental. It hap- versations that I have had with him the Reserve and National Guard, you pens that I am a member of the whip and with others about the condition of are breaking up families and commu- team, and you were my assignment the equipment, not just the condition nities. That is why we had an enlisted that day. I had an opportunity to talk of the equipment that is going over service. to you about whether we could count there, but what happens to the equip- I think one of the discussions that we on your support for the supplemental ment once it comes back because we will have going forward, and one that I and how important it was. are not replacing the equipment and think will be bipartisan agreement on, Your answer, which was the appro- sending them new equipment after it as there has been with most everything priate answer, was, well, Debbie, the has been through 5, 6 years of an Iraq we have done here, is that we need to answer is no, unless you can assure me War. have an honest conversation about in- that there was an increase for veterans So the equipment that they are creasing the troop strength of our mili- health care. Because at that moment, I working on and that they are utilizing tary, increasing numbers of troops that could not assure you because I did not has been through war literally. I mean, are enlisted and doing this as a perma- have the information at my fingertips, we are not making sure that they have nent job, because it has gotten to the I had to get back to you and was proud the equipment that they need. We are end of the limit of a lot of the people to be able to report that we did provide sending them over there two, three and who are serving in our National Guard a significant increase that we were able four times now. and our Reserve. to bump up beyond the continuing res- When I went to Walter Reed a couple Mr. ALTMIRE. I would add to that, olution significantly the health care of weeks ago, every single guy I met the gentleman from Connecticut has we are providing to our veterans. But had been through three tours, three. eloquently outlined the types of people it is to your constituents’ credit and One of the guys I met, his little boy that we are talking about, that find the veterans that you represent that was there, and literally his dad had themselves in this situation in our vet- you do that. been on three tours. His little boy was erans hospitals. We are talking about But let us just go through some facts six, which means that this dad missed people who really are American heroes. that we know. The percentage of Army half of his child’s life already, half. I These are the best and brightest of our servicemembers receiving medical re- mean, that is just inexcusable. That is society. These are people who have left tirement and permanent disability ben- not what our volunteers sign up for. I their families, as the gentlewoman efits back in 2001 was 10 percent. The mean, even if you signed up for the reg- from Florida has outlined. They have percentage of the same Army service- ular standing Army, it is unreasonable left their children. They are taking members receiving medical retirement to expect that they would have to have three, sometimes more, four tours, and and permanent disability benefits in that kind of pressure, physical, mental, they come back home. 2005 down to 3 percent. Army Reserv- emotional pressure put on them as well They find themselves in a military ists receiving medical retirement and as their families, especially in the mid- hospital. They find themselves back- permanent disability in 2001, 16 per- dle of the situation in a war that we logged on waiting lists. It takes 6 cent; same group in 2005, 5 percent.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00113 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4756 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 Let us go to the case backlog at the allies with this plan to escalate this all the things that they need when they Veterans Administration on new ben- war. I mean, we didn’t. Because why? get there. We were told that. And, bet- efit claims in fiscal year 2006. 400,000- Because we knew if we asked Great ter yet, we still have men and women case backup. This is from the Army Britain or Poland or South Korea or at Walter Reed and other veterans hos- Times, third party validator. Average Lithuania to be part of this force, the pitals, military hospitals throughout length of time veterans wait before re- answer would be pretty simple. this country and even in Germany, and ceiving monthly benefits, 6 months to 2 Ms. WASSERMAN SCHULTZ. If the I visited twice, that are without legs years. That was in the Los Angeles gentleman would yield for a question. because they didn’t have the up-ar- Times. It is somewhat rhetorical, but if you mored Humvees that they needed. The number of soldiers at Walter know the answer, feel free to tell me So saying all of that, the debate is Reed navigating the medical and phys- what it is. Do you know what percent- going to be: Are we going to do the ical evaluation process since 2001 has age of the troops that are over in Iraq same thing that the Republican major- doubled. The average length of time it that we will have as a Nation once ity did, saying that we talk a good takes for Army soldiers to convalesce Great Britain pulls out? game about standing up on behalf of and go through the military medical Mr. MURPHY of Connecticut. If you the troops and we disagree with the President on certain issues as it relates and physical evaluations, nine to 151⁄2 sort of listen to the rhetoric coming months. out of the administration, you would to Iraq? But if we do what they did, think this grand coalition has, what, 50 which was very little, then what hap- b 2230 percent American troops, 60 percent, 70 pened in November will not reach its The increase in the Army’s physical percent, 80 percent? No. Ninety-two full potential in making sure that we disability caseload since 2001, 80 per- percent. Ninety-two percent of the head in a new direction. So I think it is important that we cent. The number of veterans from the troops on the ground in Iraq are Amer- take this in a very strong way, and I global war on terror expected to enter ican forces. We went from a high of co- am glad that we had 17 Republicans the military and veterans health care alition troops, those are non-American join us on a nonbinding resolution be- systems in the coming years, 700,000. troops, of 25,000, and now down to al- fore we left here, the last big action And I will just read the quote again most below 15,000 troops and dropping that we took before we left on Presi- from Candidate Bush: ‘‘So let’s get by the day. dents’ break. And I encourage more of something straight right now. To point So I think that is just a point of in- my Republican colleagues to be a part out that our military has been over- formation that we have now decided on of this movement in the new direction. extended, taken for granted, and ne- a path that isn’t even going to have a I think it is very, very important. I glected, that’s no criticism of the mili- hint of coalition-building. We have de- think there have been a lot of things tary; that is the criticism of a Presi- cided to go this on our own. And, dent and a Vice President and their that have been highlighted. I know frankly, I think that has grievous con- that the whole coalition of the willing record of neglect.’’ sequences for what is happening on the Well, it sure is. And these statistics will soon be the coalition of one, be- ground in Iraq, frankly has just as im- cause we are going to be the only coun- from the time that this President has portant consequences for the future of been in the office are evidence of that. try that is left. There is a lot of rhet- foreign policy when we have gotten to oric going on, we have to be there be- I would be happy to yield to one of a point where we don’t even talk to our the three gentlemen here. cause we have to fight them over there allies about our strategy there. so we don’t have to fight them here. I Mr. MURPHY of Connecticut. I And I would be happy to yield to the don’t hear Great Britain saying that. I thank you, Ms. WASSERMAN SCHULTZ. I gentleman from Florida. don’t hear some of the other countries just want to bring up one other topic Mr. MEEK of Florida. I thank you so that have announced their departure here as well before we yield back to Mr. very much for yielding. I think it is and those that have left Iraq. MEEK, and that is also, when we ask important for us to also realize that I am one to believe, just as a single our men and women to go over there the next action that we will probably, Member, that there will be a U.S. pres- and fight, and then when they come no probably, we will have on Iraq, Mr. ence for some time in the region. But home and they are not taken care of, Speaker and Members, will be the $99.6 at the levels that we are now, over we also need to remember who we are billion emergency supplemental to the 143,000 troops and counting, it is going sending over there, our Reservists and war. And I think it is important that to be very difficult for us to continue National Guard, but who is joining we pay very close attention to this to sell to the American people that them over there. This is a tangential vote that is coming up and what leads there is a great need to keep those but important topic. President Bush up to that vote. kinds of levels there. And as you spoke has talked a lot about this coalition of I spoke earlier about making sure earlier about the readiness issue, this the willing, and we need to understand that troop readiness, that troops have is very, very important. This is very, that the American people, when they what they need when they go. I spoke very important. I mean, we wouldn’t hear about the allied forces over there, of going to get a procedure done. You want to get the word out to the know who they are now, because people have a medical procedure that needs to undesirables here in the United States are jumping ship faster than the be done, the first thing you want to of America to say that law enforce- evening news can keep up with it. check and make sure is the doctor has ment here is not ready to deal with Great Britain, Poland, Lithuania, what he or she needs to be able to com- major crimes here in the United States South Korea. By the week, somebody plete the procedure, because you do of America. We definitely don’t want to else walks away. And as we make deci- want to get up from that table one day. get the word out to the rest of the sions in Iraq, like this plan for esca- This is very, very important. And I world that we are not prepared to de- lation in which there is not even a pre- think that as we continue to talk fend ourselves in a way that we should text of reaching out and forming some about this issue of Iraq, it is our re- and need to be prepared to be able to international consensus, remember sponsibility; we cannot critique the defend ourselves or help our allies in when we went into Iraq in the first present administration or the past ma- the future. place, at least we tried to pretend that jority in this House if we do the same So I think that is important. It is we were going to go through some thing they did and expect different re- something not to take lightly. A lot of international decision-making process. sults. That is just not going to happen. work has to be done here. A lot of At least we sort of gave some faint illu- We know that those that have come be- tough votes have to be taken. And we sion of using the United Nations as a fore us, whatever authority they might have to communicate with the Mem- forum for which to have this discus- have been from the executive branch, bers and the American people to not let sion. You didn’t even hear a conversa- and said they have what they need, we them fall behind as we go through re- tion about trying to reach out to our have the up-armored Humvees, we have forming this House and reforming the

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00114 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4757 legislative presence in this whole de- we are not providing them with the human possibility will be done and bate on Iraq. equipment. And, fortunately, we have a things will be taken care of there, Mr. Mr. ALTMIRE. Could the gentleman Democratic Congress now that is not Speaker. yield for a moment? And then I will going to give this President a blank So having that off my mind, I take yield to the gentlewoman from Florida. check any longer, not going to let him up the subject matter that I came to On that point, I wanted to tell another run roughshod over our duty to be a address this evening. And it has been story that happened when I was back in check and balance on the administra- some time since I stepped here on the the district. tion. And that is what the 30-some- floor of the House of Representatives, I was at a fire hall meeting some thing Working Group is designed to Mr. Speaker, to talk about an issue folks, volunteer firemen and fire- outline. We are going to make sure that is the number one issue as I go women, and we were discussing the that we get the message out and that around western Iowa and Iowa and budget and one of them talked about we help our colleagues and anyone who other places in the country and have how there needed to be support for our might also hear this conversation be- meetings with individuals, town hall- first responders. And I said, well, I tween us understand what is really type meetings. completely agree, and I was dis- going on. Whenever a group of people come to- appointed to see that in the budget Mr. MURPHY, I would yield to you to gether, if you ask questions, stand and that the President submitted he cut give out the Web site and Mr. MEEK for listen, eventually the subject of immi- funding for first responders, and in fact closing. gration will come up. And it has been he cut fire grants by 55 percent. And Mr. MURPHY of Connecticut. I think the most intensely watched subject and the people around just couldn’t believe the real lesson from Mr. ALTMIRE’s discussed subject perhaps over the last that. They said, well, that can’t pos- story is that he is like a Boy Scout, he 3 years or a little more, Mr. Speaker. sibly be true. That is not what they is always prepared. He has the informa- I recall when President Bush gave his had heard; that is not what they had tion at his fingertips that his constitu- speech that laid out his vision on the been led to believe. So, thankfully, the ents need. You can learn something immigration reform, and I believe the miracle of modern technology, I had every day from our colleagues. date was January 6 of 2004. I am not off my BlackBerry in my pocket and I To get in touch with the 30-some- by more than a day, if that. And that pulled up the House Budget Com- thing Dems, the e-mail is speech started us down this path and mittee, and Chairman SPRATT has put [email protected]. this Nation of having an open dialogue together a wonderful Web site. If you And then on the Web site where a lot of about what kind of a Nation we are and go to house.gov, any of your constitu- the information we are talking about what kind of a Nation we are to be- ents can pull up the Budget Commit- here tonight and in previous nights can come. And this is something that has tee’s Web site and look at the Presi- be found is www.speaker.gov/ embroiled most of the discussion across dent’s budget, and there is a specific 30Something. And with that, I will the country. Everybody has an opinion. page on there on what the President’s yield for final thoughts back to Mr. It is a good thing, Mr. Speaker, a cuts proposed are for first responders. MEEK. healthy debate. And sure enough, there is a 54.7 percent Mr. MEEK of Florida. Thank you so I recall when Pat Buchanan ran for reduction in grants for firefighters. He very much, Mr. MURPHY. And I want to the Presidency back in 1996, he said: I almost completely zeroes out the COPS thank Mr. ALTMIRE for joining us and will call for hearings. I will force a de- program. also Ms. WASSERMAN SCHULTZ. I want bate on this country. We have got to So when the gentleman from Florida to thank the Democratic leadership for have a national debate so that we can talks about how important it is that allowing us to have one more 30-some- come to a consensus and put this coun- we have homeland security funding thing Working Group hour. try down the path towards its future. back home and we fund our first re- With that, Mr. Speaker, it was an b 2245 sponders, well, somewhere along the honor addressing the House of Rep- line there is a disconnect when it resentatives. We have been intensively debating comes to what they are proposing down f this issue of immigration for the last 3 on the other end of Pennsylvania Ave- years, and that would be all of 2004, nue, because they don’t seem to be get- IMMIGRATION REFORM 2005 and 2006 and we find ourselves now ting that message. The SPEAKER pro tempore. Under into 2007. So I would say we are about So I did want to tell that anecdote, the Speaker’s announced policy of Jan- 38 months into this intense discussion, that our men and women who are cou- uary 18, 2007, the gentleman from West- and the results we have from this are rageous in the communities and serv- ern Iowa (Mr. KING) is recognized for 60 hard to measure at this point. One of ing as volunteer firefighters depend on minutes. the reasons is because it is a very con- these grants and they depend on the Mr. KING of Iowa. Mr. Speaker, I am voluted and complicated issue. help that they need, and we in the privileged to be recognized by the gen- We have a configuration here in Democratic majority are going to tleman from Eastern Iowa and privi- America that doesn’t necessarily pro- make sure that they get it. But there leged to have the opportunity and the mote the right kind of policy. I say does seem to be a disconnect on some honor to address you, Mr. Speaker, on that, I am cautious about how I address sides as to what has been the case. the floor of the United States Congress. it, because first of all, I will recognize I would yield to the gentlewoman A lot of things have transpired since that there are employers who have pre- from Florida. we took the week off from this Con- mised their business plan on hiring il- Ms. WASSERMAN SCHULTZ. Thank gress for the Presidents’ recess, we call legal labor. you. Just to quickly help close us out, it, which was really a work period back I can recall in an agricultural hear- the bottom line is that our veterans in the district. And our constituents ing that I attended in Stockton, Cali- come home and face devastating treat- and those in the State of Iowa and in fornia last year, there was a lady there, ment from their government. We have some of the areas north and east of us there was a witness, before our Agri- outlined that tonight. We send them went through a severe, severe ice storm culture Committee who ran, I believe over there with equipment that in that tens of thousands of them are it was organic, a truck farming oper- many cases is faulty. We are not ade- without power as we speak. And I know ation where they raised peppers and quately preparing them and giving that you and I have an eye on that very those kinds of vegetables down south of them enough time to be well trained to closely, and we do though have a great Yuma near the border. do their best over there. And they are confidence in the resiliency of the Her complaint was, well, we set up doing their level best given the assign- human spirit back in the Midwest, and these farms in processing and we need ment that we give them. We are not friends and neighbors will step forward over 900 people a day to operate the providing them with the resources, and to do all they can. And what is within harvesting and the sorting and the

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00115 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4758 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 packaging and the shipments of this cation. Maybe they require a strong trained skills, those that will be con- crop every day. Now that we have done back and some resilience and persist- tributors instead of those that are a better job of enforcing the border, ence. drawing down off of the public system. then her lament was that they have a But the opportunity for underedu- Those will be contributors in the first turnover of 9 percent per week, 9 per- cated, especially young people in day, the first week, the first month, cent of their labor supply per week, it America, those dropouts, those that go the first year. is about 80, and they are having trouble on to get a college education, those op- They are across this world with good filling their labor supply. portunities, are going to people that educations, and they would love to So I asked the question, where did are living sometimes 22 or 30 to a come to America, and they fit into our you expect your labor supply to come house. They will work cheaper than economy. All you have to do is teach from when you placed your business anybody else. them their ZIP code and their area close to the border? And the answer What has happened is our young peo- code and hand them a cell phone, and was, of course, well we expected our ple that don’t want to go off to college, in a week you wouldn’t know that they labor to come over from Mexico and maybe they are not blessed with the were not born here. They would assimi- come work on our farms and then go ability to do that, maybe they just de- late into this culture and into this civ- back to their homes. Well, that would cide, I want to punch a clock, I want to ilization. be illegal labor working on farms south wear a blue collar, not a white collar. But we can’t carry on a reasonable of Yuma with the idea that was the I am happy enough to go do some labor discussion about how to skim the plan from the beginning. for my life, but leave me alone. Let me cream of the world off like we used to Now, the request was, come to Con- take care of my wife and my family. do, bring them into America so that we gress and ask us to legalize this illegal Let me go fishing once in a while, but can enhance this American behavior. It was a planned strategy I don’t really want to go off to college exceptionalism. We can’t get there be- from the very beginning of the setup of and study. Those opportunities are di- cause the entire debate has clouded be- the business operation. minishing significantly in America. cause we are not controlling our bor- I lay this out because this is not a What that spells is the narrowing of ders. We are not stopping the illegal unique circumstance across this coun- the middle class in America. traffic at our borders. We are not doing try. In fact, it is becoming a standard We are doing a good job of educating an adequate job of employer sanctions, practice. I am seeing it more and more the people in the higher end, those that although we have had some significant again as businesses set up to run their go off and get their master’s and their efforts of late, and that means that operation, whether it is going to be doctorate. Those will become profes- there is a magnet that draws people food processing or farming or maybe a sional people that often start out at across the border. That is the issue dairy operation, and they decide, we college at six figures and go up from that we are dealing with, and the price are going to need labor to do this. there. That part, that percentage of for Americans is horrendous. We would like to go forward with our our population is growing signifi- I went back down to the border last plan and put our infrastructure in cantly. I am grateful that is the case. week. I spent 2 days down there. I flew place, invest our capital, buy our cows, We have encouraged a lot of young peo- into Phoenix and then took a ride from get our equipment up and get an order ple to move off into the professions, Phoenix on down to Yuma. I joined in. We will have to hire some illegal and they are doing that. That is to the Secretary Chertoff there at the Yuma labor to milk the cows. credit of our educational system in this station along with the chief of the Bor- I had a dairyman tell me a couple of country. der Patrol, David Aguilar, and a num- weeks ago that 51 percent of the milk So the upper class is expanding, and ber of Members of Congress and a cou- in this country are milked by people there is money being made. We have ple of Senators. We went down south, that don’t speak English. That doesn’t had unprecedented economic growth just on the south edge of San Luis, necessarily indicate they are illegal thanks to the Bush tax cuts, both which is the most southwesterly town immigrants in America, but that would rounds in 2001 and in 2003. We have had in Arizona on the Mexican border. indicate that a significant percentage this unprecedented string of growth. There, for some time, they have had of them most likely are. That has helped lift investors up, lift about a 12-foot high steel landing mat That is some of the scenario. Some of entrepreneurs up, and, of course, the wall placed almost exactly on the bor- the scenario on the one side is business professionals have been lifted up also der. That has been the only barrier interests that can capitalize on cheap because there is more money in the that they have had between the two labor. Believe me, when you pour mil- market. semiurban areas that are there. lions of people into a labor market that So the upper class of America is Well, here in Congress, last fall, we are illiterate and unskilled that will growing and expanding and prospering. passed the Secure Fence Act, and the work cheaper than anybody else, you The lower class in America, that un- Secure Fence Act mandates that the are going to drive that labor down. skilled cheap labor, is also growing in administration build not 700 miles of There was a report that was issued numbers, but not growing in pros- fence, but 854 miles of double fence/wall here within the last few weeks that perity. on our southern border in the most pri- shows that the unskilled labor in As we see the stratification of this ority areas that are defined in the bill. America has lost 12 percent of its earn- society, and think of it in terms of a Those priority areas, when you go back ing capacity because they are flooded. healthy America that once had a grow- and you measure the distances there in There was a report on Fox News about ing ever-more-prosperous middle class the bill, it adds up to 854 miles. One of a month ago that we have a 30 percent is now becoming an America that has a those priority areas is San Luis where high school dropout rate in America, 30 growing, ever-more-prosperous upper we went to visit. percent dropout rate. class, a growing ever-more-prosperous At that priority area, they are begin- So if the students in high schools are lower class, and a shrinking more sup- ning to construct fencing there, and at dropping out at a 30 percent rate, and pressed, more constrained middle class. least it is a start. I can’t call it a great we are bringing in illegal labor that That is the scenario that is driven by start or a good start, but at least it is will work for the cheapest price, it illegal immigration in America, and il- a start. They have a start to building seemed to me, and we know this to be legal immigration in America keeps us the kinds of structures we need to stop a fact, that the competition between from having a legitimate debate on the the illegal crossings that are taking our high school dropouts and the peo- subject matter of how we might go place at our border. ple that didn’t go to school, many of about recruiting the best people we can There with about 12-foot high steel them, from foreign countries that come find to come into the United States, landing mat wall which each of us in, would be clashing in competition those that will assimilate the most stopped and took a turn welding on for those jobs that require a low edu- easily, those that bring their already there a little bit, I wish I could have

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00116 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4759 stayed and gotten a little work done, it about 19 miles to the east. We are a tened, and just listened, not with night felt kind of good, but there we lent a long ways to go on that yet. vision equipment but just listened. And hand to continuing construction of the But we got up, in a couple of Black over time, you hear vehicles come in wall on the border. Inside about 100 Hawks, and flew the border then going from the Mexican side and drive with feet, they had constructed a 16-foot east from there, in the southwest cor- their lights off down through the mes- high steel mesh fence, and that has got ner, all the way almost to Nogales and quite brush, stop by a big mesquite a metal frame on top of it. The steel then turned around and went on up to tree about 150 yards south of the bor- mesh is essentially impenetrable un- Tucson. As you fly along the border, der, let their cargo out, which were less you take a torch or something to you will see there are places the border people and packs and you can hear cut it with. isn’t even marked. There is just sand, them get out. You can hear them drop So from the steel wall on the border, not a fence. There is a little trail on their pack on the ground. Presumably 100 feet back, 16-foot high steel mesh our side, and there is a Highway 2 on they pick them back up again. There fence or wall, and then another about their side. But there is not a mark of will be some hushed whispers and then, 40 feet and there is about a 10-foot high where the border is in many of those Mr. Speaker, they will, single file, chain link fence with three to four locations. come walk through the mesquite brush barbs on top, it looks like a playground It has been an easy prospect for peo- through the fence, and I am talking fence, actually. As we discussed the ef- ple on the Mexican side of the border to about a place further east in Arizona fectiveness of the structures that they drive along on Highway 2 in Mexico, where there is a fence, and climb had put in place, and we are continuing decide they want to go to the United through the five barbed wire fence. You can hear the fence kind of to construct at San Luis, Arizona, I States, turn the steering wheel off of squeak and you see the shadows. You asked the question if anyone had made Highway 2, go out across the desert to can’t really count shadows, especially it through that area since they had the north, and end up on a road 10 or 20 when you are sitting there in the dark. gotten the triple fencing up. miles to the north, driving through the It is awfully hard to be certain of what The answer came back, well, we have desert and come out on that road, and, you see, but it is not that hard to be had several that have made it through voila, they are home free in the United certain of what you hear in an environ- here; but 2 years ago, there were 138,000 States of America. ment like that. So I will say dozens in- illegal crossers who were interdicted by That has been going on consistently filtrated around me the night that I sat the Border Patrol in that area. and continually. It is being done by down there, Mr. Speaker, and perhaps Since October of last year, until just people smugglers; it is being done by 20 there in broad daylight as we flew by last week, they were now down to 15,000 drug smugglers. So along that stretch, with the Secretary of Homeland Secu- that had passed across the border. Now they are constructing also a vehicle rity and the Chief of the Border Patrol, that is not a full year, obviously, so it barrier. And this vehicle barrier exists and two Blackhawk helicopters that is not quite apples to apples, but it is of, I believe it is 5 inch by 5 inch steel make a lot of noise, and you can hear significantly fewer illegal crossings tubing that is driven in on about 5 or 6 them coming quite a long ways off, there. foot centers with that tubing welded to still didn’t deter the daylight illegal But then I asked the specific ques- it at about bumper high on a vehicle or crossings taking place. tion again, has anyone gone through on a pickup truck, and then concrete And as I look at the numbers of those this area where the triple fencing is? poured inside those posts. who are coming across that southern The answer is, well, we think, maybe, That does keep most of those vehi- border, and I would direct anyone’s at- yes, three. How did they get through cles from crashing through, so it tention to the testimony before the Im- here? A couple of them perhaps went makes pedestrians of people who want migration Subcommittee of the Judici- through the waterway and maybe one to come to the United States. It is a ary Committee in the 109th Congress, went around. little slower way to travel through the Mr. Speaker, and also in the 108th Con- The next question, of course, was desert. We happen to have discovered, I gress, where we had a number of wit- more finely tuned which is, has anyone don’t know, 25 or 50 miles east of San nesses that testified for the Border Pa- defeated this triple fencing yet? The Luis, a group of about 20 illegals who trol or the Border Patrol Union when answer is, no, they have not defeated were perhaps about half a mile into the asked what level of interdiction do you the triple fencing, but they said they United States, and they had clustered have of those that are crossing the bor- will; all structures we put in place will around the base of a mesquite tree. As der illegally, what percentage are you be defeated. We have to work, we have we turned the helicopters around and able to arrest? And their answer has to maintain them. we turned back to take a look, the consistently been 25 to 30 percent is all I have to agree. I think you have to rotor wash on a Black Hawk is pretty that would be interdicted. maintain them. I think you have to pa- severe in the desert, and it was some- So, Mr. Speaker, their testimony also trol them. I think you need to put sen- thing that encouraged them to head shows that last year, the Border Patrol sors on them so you can identify if south rather briskly. So they headed on the southern border, the 2000 miles somebody is trying to climb through south towards the Mexican border, and of our Mexican border, intercepted, over the top or under the bottom or cut we apparently called for backup and 1,188,000 illegal immigrants who were through, and that, I believe, is in the then moved on. seeking to cross our southern border. mix. But there in broad daylight, a half a Intercepted, 1,188,000, and now we are So we did a driving tour on the bor- mile north of the border with traffic to that point where we fingerprint der and from there, San Luis, drove going back and forth on the Mexican them all, at least that is what the tes- along the east, along the border, and highway on Highway 2, were a group of timony says, and that their finger- the triple fencing reduces down to dou- about 20 illegals, working their way prints go into the record so we can ble fencing. The 10-foot chain link across the desert. If we run across track them if their’s are duplicate or doesn’t go all that far yet. It is being them with the type of, I will say, heli- triplicate or have been stopped a num- extended. Then pretty soon the 16-foot copter caravan we were in, then that ber of times at the border. And at some high second layer of fence is under con- was not an anomaly. That was some- point we need to be running out of pa- struction, but it is not there either. thing I would say would be standard tience and bringing charges against You are just down to the steel wall, practice that goes on a daily basis. them, lock them up, make them serve and not very long after that, the steel their time and then deport them. Some 2300 wall is gone, and you are left with the b of that is happening, but our patience construction of the steel wall that is But most of the activity, Mr. Speak- level is very high. being put in place. It extends from San er, takes place at night. And I have But of the 1,188,000, I don’t have the Luis off to the east. If I remember gone down on the border at night and precise numbers committed to mem- right, they were going to extend it sat on the fence in the dark and lis- ory, but as close as I can recall, it was

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00117 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4760 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 about 742,000 that were first time cross- twice, some nights it is twice as many numbers at least over 90 percent of the ers, and the balance of that, the dif- as the 7,000 Iraqis. The 7,000 Iraqis are meth that is used in the United States ference between 1,188,000 and 742,000, still a significantly sized number. But now coming through, the raw product, that 400-some thousand number rep- the southern border takes on a number the base product out of China to Mex- resents those who crossed the border il- approaching twice that many every ico, manufactured in Mexico, shipped legally that year more than once, two single night, without any background into the United States. That is the times, three times, four times, seven, check, without any check whatsoever, facts of methamphetamines. Much of eight times on up to 17 times, would be people coming into this country; some the marijuana comes from any place one of the numbers that I have heard to come to work, some to pick lettuce, south, a lot of it raised right in Mexico, as they looked at those records, Mr. some to get jobs working in food proc- and tons and tons of it hauled across Speaker. This is something that we are essing and restaurants and hotels and the border. I happen to have been down spending $8 billion to protect our motels and you name it across the there, it was in the middle part of last southern border. That is $4 million a country. It is still a violation of Amer- May when we interdicted a pickup mile. ican law. It is still a crime, Mr. Speak- truck that had about, let’s see, it had And we are getting 25 percent to 33 er. about 200 pounds of marijuana pack- percent efficiency out of that. And we But the worst parts of this aren’t aged up in bales and sealed up in tape are picking people up over and over rooted in individuals that are seeking a that was underneath a false floor in a again. And if they voluntarily deport, better life, although we must enforce pickup truck, Mr. Speaker. we simply take their fingerprints, iden- our laws if we are going to be a Nation b 2310 tify them, take a digital photograph of that has the rule of law. But what is That was just simply a decoy load them and take them back to the border really chilling is the elements that that was designed to pull the enforce- and let them go back through the turn- come with that mass of humanity, ment off so the larger load could go stile, say, at Nogales or Naco or San those elements that come in with that through. I don’t know if it actually Luis or wherever there might be a port $65 billion worth of illegal drugs that made it through, but that is the kind of of entry. This enforcement at the bor- comes across our Mexican border every thing that is going on. Tons and tons of der has been weak and it hasn’t been year. Mr. Speaker, I repeat, $65 billion, marijuana coming into the United relentless. The year before it was a States across the border, Mr. Speaker, 1,159,000. And this stopping one-third, with a B, dollars worth of illegal drugs being brought into the United States a lot of it raised right in Mexico. And one fourth to a third calculates out to then we have the heroin that is smug- be something like four million illegal across our southern border. And the drugs are, the four major drugs, meth- gled in, and that heroin, a lot of it, also border crossers a year. Four million. If comes out of China. amphetamine, heroin, cocaine and you take the 1,188,000 and you say it is And those of us that have visited marijuana. And the sources of them a fourth, multiply it times four and over in Afghanistan in the poppy fields then just kind of round it back to four work out to be about like this, the understand how that works. We have million, that four million illegal cross- methamphetamines, many of them the Taliban that are engaged in the ers turns out to be 11,000 a night, Mr. manufactured in Mexico, from Chinese poppy and in the opium trade. They Speaker. pseudoephedrine products. Now we will front the crops in Pakistan, walk And we are in a discussion across this have taken the Sudafed off the shelves out into those farming areas along on country today about 7,000 Iraqis that here in the United States, most places the east side of Afghanistan that the administration wants to provide in an effective way so that we have match up against the border with Paki- refuge in the United States for by taken the local meth cooker pretty stan, and pay for half of that crop up- doing background checks and clearing much out of business. And the meth front to the grower, to the farmer. It is them and bringing them here so that that was coming into my part of the a nice little crop agreement, and they they will not be under the gun, so to country in Iowa and your part, Mr. pay for half the crop upfront. They speak, in Iraq and they can be pulled Speaker, was about 90 percent Mexican come back when the harvest is done. away if they happen to be targeted by meth until we passed the law that took They load up the poppy seeds/opium the insurgents and the enemy for help- those pseudoephedrines off the shelf in and pay for the other half of the crop. ing the United States. our pharmacies and in our grocery The farmer comes off fine because he That concerns me that we would be stores, limited those quantities. doesn’t have to haul any crop. He bringing people out of Iraq when they People can still have access in lim- doesn’t have to take anything to town. need people there to help rebuild their ited quantities. When we did that the He gets paid upfront for his input costs country. And it concerns me that we DEA tells me now that the and he gets paid for his harvest. would have a number that large, and I methamphetamines that are being sold And off goes the opium then, hauled would seek to reduce that number, if in our part of the country, in Iowa, Ne- away by the Taliban, who sell it out of we could, shrink it down as much as braska and that Midwest area, it was 90 Pakistan into China and out of China possible, do background checks as in- percent Mexican. Now it is 97 percent, over into Mexico and up into the tensively as we can because I think it and the balance of that trickles in from United States. And, again, we are fund- is a national security issue and how other places, maybe a California lab, ing our enemies, Mr. Speaker. And the many al Qaeda could be infiltrated into maybe a few local labs, but not much. smuggling routes that go from Afghan- that 7,000 Iraqis that would want to 97 percent now out of Mexico. We ex- istan through Pakistan through China come in here that would be authorized pected that. And we freed up a lot of of- and across into Mexico, up into the by the administration, and how many ficers time that are not having to clean United States, are routes that are un- more might there be if we open for up the dangerous meth labs, and put derstood pretty well by our DEA. 7,000. those officers in a better position to And let me see. I left off one other But by the same token, the relative interdict the drug dealers. But the drug, Mr. Speaker, and that is cocaine. risk of having 7,000 Iraqis that we meth coming from Mexico, made from And if one would notice, a lot of that would have identified by name, by fin- Chinese pseudo ephedrine that gets cocaine was getting into the United gerprint and been able to at least brought into Mexico in numbers way States perhaps through our airports be- verify some of their activities over the beyond the level of colds that they fore 9/11. We shut that down and pro- last 5 years or longer in Iraq, the rel- have down there for the number of peo- vided a significant amount of security ative danger to the United States pales ple that they have, and that ought to at our airports after that. Drug dog in comparison to 11,000 illegal immi- set off some alarm bells. But that is sniffers, a lot more sophisticated grants a night trickling, pouring, infil- being smuggled in. The meth is being screening process. When that happened, trating across our southern border. smuggled across the border into the the Colombians had difficulty deliv- 11,000. I mean, we are approaching United States in massive supplies, ering their cocaine into the United

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00118 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4761 States, and finally they cut a deal with to stop that. But I will argue that if we would be able to compare apples to ap- the Mexicans so that they could use build some more fence, we build some ples. And it comes down to something the distribution of the Mexican drug more barrier, we can save some more like this, Mr. Speaker: twenty-eight cartel families to flow their cocaine up lives down on that border. Those lives percent of the inmates in the prisons in into the United States. are a concern, Mr. Speaker, and we the United States, Federal and State, So across our southern Border comes talk about them regularly and contin- are criminal aliens. Twenty-eight per- 90 percent of the illegal drugs that are ually here in this Congress. cent. Now, if you presume that those 28 used in the United States of America The lives that we don’t talk about percent are committing crimes in the because those conduits that come out are the lives of the Americans who die same proportion of the rest of the in- of Colombia, out of China, two dif- at the hands of the criminal elements mates, since there are no records out ferent varieties out of China, and then that come into the United States. And there, you have to presume that 28 per- the marijuana that is mostly raised in it has been politically incorrect to dis- cent of the rape; 28 percent of the rob- Mexico, all of that coming across the cuss such a thing as if we should just beries; 28 percent of the grand theft border, coming through illegal border sit back and watch our citizens killed auto; 28 percent of the first, second, crossings, coming across places where on a daily basis. Preventable crimes and third degree murder, man- the border is not marked at all, and the and we shouldn’t utter a peep because slaughter, all of that is committed by drug cartel families that control those somehow or another it might be inter- criminal aliens. And there is no ration- crossings fight for those. And the num- preted as something that is based upon ale that it could be anything else un- bers that we have seen that have been anything other than a love for the rule less it would be more rather than less. killed in the drug wars in Mexico for of law and the enforcement of law and So I take that 28 percent, and I mul- 2006 exceed the number 2,000 deaths, the respect for the value of human life. tiply it, and we have about 16,400 mur- the people that were murdered in the But I stand firmly in respect for the ders in the United States annually. struggle for who is going to control the unique intrinsic value of human life, And you take that times .28 and you turf, who is going to control the profit. from conception, fertilization, to nat- come up with a number of something And the cities on the south side, Nuevo ural death. That is my record for more like 4,513, perhaps, would be the num- Laredo for one of those, that area has than 10 years in public life, Mr. Speak- ber of American murder victims rep- become a lawless land that is con- er, and it is my stand today. It has not resenting that 28 percent, which is the trolled by the drug cartels. changed. It will not change. And I population of our prisons that are I will say that the new President of stand for the defense of the American criminal aliens. Now, that is a huge Mexico has stepped in to crack down on people so that they can be safe in their number and already that is more than some of that. The jury is still out on homes, on the streets in their commu- the victims of September 11 on one how successful he might be. But these nities, in their schools, in their work- day. But that would be an annual num- are important components here for us places, in their churches, wherever ber. in the United States of America. they gather. The American people need And then if you look at some of the So here we are with this dynamic to be safe. other fatalities out there, the highest growing economy, the strongest econ- So I began to ask the question, Mr. group of fatalities are those victims of omy we have seen in my lifetime. The Speaker: How many Americans die at negligent homicide. continual growth quarter by quarter by the hands of those who do make it 2320 quarter that is stimulated, of course, across the border and across the b by having a competitive low tax envi- desert? I didn’t have a concept of what Most times, negligent homicide, Mr. ronment. And with an economy that that number would be, Mr. Speaker, Speaker, is the case of the victims of has this kind of dynamism, we are able until such time as I asked the question drunk drivers; not the drunks them- to pay for two things that come from in the immigration hearing. I asked it selves, but the victims of the drunk foreign countries that have hurt us a number of times of different ranks of drivers. greatly: one is the illegal drugs, the $65 witnesses that were there. The ques- So as people come into the United billion worth coming across the Mexi- tion again was: How many Americans States illegally, climb behind a steer- can border; and another one is paying die at the hands of those who do make ing wheel, drink and drive, often unin- for Middle Eastern oil and enriching it across the desert? sured, not knowing our traffic laws, the people over in that part of the And one of the witnesses, his answer not having a sense of responsibility, world, many of whom are our sworn en- was: ‘‘I don’t know the answer to that but running into victims on the streets emies, not our sworn friends. So we are question, but I can tell you it would be of America, that number is a number a funding our enemies by purchasing ille- in multiples of the victims of Sep- little higher than the 4,500 or so that gal drugs in America, and we are fund- tember 11.’’ Now, that, Mr. Speaker, is are victims of first and second degree ing many of our enemies just simply a stopper when you think about such a murder and manslaughter. But the neg- because we are involved in purchasing concept. And when he uttered that con- ligent homicide, mostly victims of oil to come into the United States. And cept, it started me thinking, and short- drunk drivers, runs a little higher. we are more and more dependent on ly thereafter I commissioned a GAO But it boils down to, when you do the Middle Eastern oil, not less and less de- study, and the study was specifically math, shake it down to a day, about 12 pendent. designed to ask that question, how Americans every day murdered at the But I am here to talk about the im- many Americans die at the hands of hands of criminal aliens. Statistically, migration issue, the illegal border those who do make it illegally across that is a solid number that has been crossing, Mr. Speaker, and the compo- the border? The study came back. It tested across this country. I can tell nent of illegal drugs that are part of took about a year to get the study you, Mr. Speaker, it is a number that that. And I mentioned the 2,000 murder done. It wasn’t quite apples to apples. the liberals hate to hear, but they have victims on the Mexican side of the bor- That is the nature of things in govern- produced no competing data that can der that were killed in the drug wars. ment sometimes. challenge this GAO study data that has And we will hear the testimony contin- But it did put some facts in place been multiplied into other government ually about how many people die in the that could be indexed to other existing data like crime rates to come up with Arizona desert trying to come into the studies and other existing data that these numbers: About 12 Americans a United States. And as the weather the government has produced. So I day, first and second degree murder warms up and we get into May, June, shut myself up in the Library of Con- victims or manslaughter victims, dead, July, and August, the hotter and hot- gress sometimes for several days to be buried; about 13 Americans a day die at ter it gets, the more victims there are able to concentrate hard enough to pull the hands because of negligent homi- in the desert. And it is sad and it is a that data out of that report and use cide, most of them victims of drunk tragedy, and we are doing some things other reports and match them in so I driving.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00119 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4762 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 All of these crimes, Mr. Speaker, all of Americans at the hands of criminal eight times, and this time, on June 1, of them are preventible if we enforce aliens, most of that preventible if we 1999, while there were outstanding Fed- our immigration laws. If we would de- enforce our laws, those casualties are eral warrants, we couldn’t index his port those people when they run afoul almost every day greater than the fingerprints to that data there with the of the law, if we are able to control our numbers of American casualties in system we had in 1999 and put this man borders, get operational control of our Iraq. They absolutely total up to be behind bars before he killed again? But borders, force all traffic, all human something that are in multiples of the we couldn’t under those circumstances. traffic, all contraband, all cargo, ev- victims of September 11. I am advised that today, everyone erything that is coming across the bor- These are Americans that need to that is picked up is printed and their der through the ports-of-entry, and have their lives protected. We need to fingerprints are run through the data- then beef up the ports-of-entry, focus have our laws enforced, we need to get base, Mr. Speaker, and presumably we our surveillance there, probably have operational control of the border, we would catch the next Resendiz perpe- to widen them and put more personnel need to have cooperation at the local trator. It didn’t happen in 1999. down so we are not backing traffic up, law enforcement level, Mr. Speaker. So they released him, and Resendiz, but if we could force all the traffic To personalize this a little bit, statis- after he had gone back to Mexico, im- through the ports-of-entry and do a tics are one thing. We can talk about mediately found his way back into the good job there, we would theoretically statistics. Some people understand the United States, where within 48 hours interdict all illegal human traffic, all magnitude of that. Some people under- he killed four more innocent people. illegal drug traffic. stand personal pain and evil people. So, He was finally traced and captured We would also occasionally interdict I have picked a selection of evil people by a determined Texas ranger in July a terrorist who is seeking to sneak into here, Mr. Speaker. of 1999, and then he was ultimately exe- the United States. I happen to know of My number one evil person is this in- cuted at Huntsville, Texas, June 27, seven individuals who were persons of dividual here. His name is Angel 2006. interest from nations of interest, which Maturino Resendiz. He is known as, This man here, Angel Maturino is a government euphemism, Mr. and we will recognize his name, the Resendiz, killed at least 15 people. Now Speaker, for someone who is a likely Railroad Killer. This individual for he has been executed as of June 27, terrorist who hails from a terrorist nearly 2 years, a 39-year-old illegal 2006. But it is something that could spawning or terrorist sponsoring coun- alien from Mexico, literally followed have been prevented, Mr. Speaker, if try. I know of seven. America’s railroad tracks to rape and we had had an intense effort to enforce When they are identified, picked up kill unsuspecting victims. our border. When they come through by the Border Patrol or whatever the Resendiz struck near the rail lines the second time, if we are not willing arresting officer happens to be, there is that he illegally rode and then he to use the fullest extent of the law at a little window there to find out about stowed away on the next freight train that point and provide a deterrent, it. Then they are handed over to the that came his way. He is responsible these kind of things happen. FBI, which then makes that case clas- for as many as 15 serial murders, and What was he afraid of? He surely sified. At that point those officers the victims’ ages range from 16 to 81. wasn’t afraid to be picked up again on can’t talk to me or anyone about it He attacked his victims with rocks, the border. He knew he would be re- after that. sledgehammers, shotguns and tire turned back to Mexico again. Finally a So if they told me about something irons, sometimes in their homes, and determined Texas ranger hunted him that happened today and the FBI picks sometimes he stole money for alcohol down. Thank God for that kind of ef- them up 5 minutes from now and takes or drugs. Most of these murders took fort and that kind of man. them into custody and says this is now place in central Texas, but it is sus- Now, that is Resendiz, Mr. Speaker. a classified case, 10 minutes from now pected he killed as far north as Ken- That is the face of evil. It is not the they can no longer even repeat the tucky and Illinois. only face of evil, but that is a face of things they said to me 10 minutes ago, He has been apprehended by the Bor- evil. because it is now formally a classified der Patrol in Texas and New Mexico b 2330 case. So I have a little 24 hour window eight times within 18 months, and he to hear about this. had been, and I emphasize this, volun- He is one of those who contributes to My network is not that good, but I tarily returned to Mexico each of those those thousands of Americans who know of seven. I don’t know how many eight times in those 18 months. have been victimized in the fashion I that is altogether. It might be 70. It is Eight times he volunteered to return have described. probably well more than 70 persons of to Mexico when he was stopped by the This is another one, Mr. Speaker, interest from nations of interest, peo- Border Patrol, and then he would come Raul Gomez-Garcia. Many of us know ple who we think are at least likely back into the United States, and some- this story, and this will take us into terrorist suspects coming across our times it happened quite quickly, come the discussion of the situation that ex- southern border, sneaking into the back to kill again. ists in Denver and in many of the cities United States, wishing us ill will, On June 1, 1999, there were State and across America that have established a ready to act on that ill will. That Federal warrants outstanding for sanctuary policy. threat is there too. Resendiz and there were intensive ef- This case has been brought to a con- The crime element, the drug ele- forts underway to arrest him. Border clusion with a conviction and a sen- ment, the terrorist element, all of that Patrol agents in Santa Teresa, New tencing, and I can talk straight up is added to the depression of the value Mexico, apprehended Resendiz. He was about it. Raul Gomez-Garcia, a cop of our labor force here in the United illegally crossing the border again, and killer. He was sentenced to 80 years in States, in fact the lower skilled being he voluntarily was returned to Mexico, prison for second degree murder, not pushed down by reducing their wages even though there were outstanding first degree murder. But as the police by 12 percent because of the millions warrants on him. The Border Patrol officers that were guarding a family who have been injected into that mar- was unaware that there were warrants celebration which I understand was ket. We have gotten dependent upon it out, but he was on the FBI’s top 10 list. Raul Gomez-Garcia’s family celebra- over the years. Still, picked up as an illegal border tion, I believe it was a christening or a Mr. Speaker, this part about the vio- crosser and voluntarily returned, self- baptism of a daughter of his, Raul lence perpetrated against Americans is deportation, so-to-speak, back to Mex- Gomez-Garcia left the party and went something that I have given the broad ico. to come back in and they would not let statistics of 12 victims a day of murder, How does this happen, that an indi- him back in because he didn’t have 13 of negligent homicide, 25 altogether. vidual that is in the FBI’s top 10 most identification or whatever the reason Almost every single day the casualties wanted list, we have him in our hands was. At any rate, Gomez-Garcia lost

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Donnie Young was one of The way I recall this case, we knew Denver with his first encounter with thousands. The face here is another he was heading that way. As he got the Denver Police Department, he face of evil, Mr. Speaker. And the face into Mexico, he believed he had sanc- should have been picked up and de- of the victims are not here on this floor tuary there. The policy was Mexico ported back to Mexico on the spot. tonight, but it is a tragedy just the wouldn’t extradite murderers to the That is what the law says. But Denver same. United States if they were faced with a says they are a sanctuary city, and And I have another tragedy. death penalty, which would be the case that means they want to be a wel- This is Jose Luis Rubi-Nava. here for this kind of a crime. coming place for people who come here Now, this individual has been ar- And then over time because the illegally. rested and he has I believe been in- Mexican courts had ruled that the The price that is paid is the life of dicted on other charges, so we are death penalty was cruel and unusual Donnie Young. I think it is a tragedy going to say ‘‘allegedly.’’ I am going to punishment and therefore they were and it is amazing to me that the citi- put allegedly ahead of the things I say not going to send their citizens to the zens of Denver will put up with a policy about this individual, understanding I United States to face a death penalty, that will protect murderers within don’t believe he has been convicted at no matter what kind of a crime they their midst and not enforce our Federal this point. He is innocent until proven committed, and the disrespect for the law. And the very idea that because guilty, but these are the news reports laws here in the United States that you are local law enforcement and you that I am referencing. come from the courts in Mexico I think have a few city ordinances and speed He was arrested in April 2006 for cannot be overlooked, either, Mr. limits and issues like that to enforce, other crimes. He is an illegal immi- Speaker, but that was the position that the very idea that because you are a grant. He could have been deported the Mexican courts took, that the city police officer you don’t cooperate back to his home country. He could death penalty was cruel and unusual, or enforce Federal law is anathema to have been incarcerated for the other and so they found some people that a Nation that is founded upon the rule violations he had, but he was released they wouldn’t encourage to come to of law. back into the community, again be- the United States. That was those peo- I grew up in a law enforcement fam- cause of a sanctuary policy, and again ple who were provided sanctuary with- ily, and there was no concept in those this is Denver, the suburbs of Denver. in Mexico who hid behind the decisions years that any law enforcement officer So we have Jose Luis Rubi-Nava of made by the Mexican courts and Mexi- was absolved from enforcing any of our Glendale, Colorado, who is charged can laws. laws. with one of the most horrendous Then over time the same court ruled Can you imagine a Nation or a world crimes that I have heard about in my that life in prison was also cruel and where only Federal agents could en- years in dealing with these things, and unusual punishment. So what would be force Federal laws, and only State that is the dragging death of a female appropriate punishment for an indi- agents could enforce State laws, and whom we believe was perhaps his com- vidual like this, Raul Gomez-Garcia, Highway Patrol officers could only en- mon-law wife, a live-in, or a romantic who shot two cops, killed one, the force the State speeding laws, not the friend whom he allegedly tied a rope other one saved by his bulletproof vest, local speed limits, and your city police around her neck and drug her behind ripped Donnie Young out of his fam- officers could only enforce the city or- the car for over a mile and left her ily’s life, left a daughter without a fa- dinances and the local traffic laws? body about 20 feet outside a driveway ther, and put all of that pain and agony And county officers, what are they in a suburban area, in a suburb of Den- on the community and on the family going to do? They don’t have enough ver. and the neighborhood and put a wound ordinances to enforce anything. All In reading the report, the gory into this Nation, and absconded to they could do under this kind of ration- streaks on the street were more than a Mexico and the Mexican courts say ale would be serve papers and keep the mile long and they had to wash the even life in prison is too cruel and un- jail and maybe leave us otherwise streets to clean things up after the per- usual for someone who commit such a alone. It is not conducive to a free petration of this horrible crime alleg- cruel and unusual act? state to have sanctuary policy or to edly committed by Rubi-Nava. So the prosecuting attorney had to live under the delusion that you don’t 2340 cut a deal. He had to lower the charge have the responsibility to enforce im- b to second degree murder where the migration laws because you happen to This crime is just among the most maximum sentence was 80 years in be wearing a blue uniform of a Denver horrible things that I have ever heard, prison which Raul Gomez-Garcia re- Police Department. and yet the Denver police persist. They ceived at his sentencing that took The result is Denver police officers, buried one of their own, Donnie Young. place last October 26 in Denver. shot, killed by Gomez-Garcia, who had The mayor’s sanctuary policy is what But the big problem with this is Raul no business being in the United States they have to live by I recognize. I am Gomez-Garcia had been stopped a num- and we had many opportunities to send not hearing from the police department ber of times by the Denver Police De- him back to his own country and keep that we should stop all of these sanc- partment. The sanctuary laws that him there or incarcerate him here in tuary policies. Instead, I am hearing they have in Denver say that they the United States until he had paid the the police chiefs say we take care of can’t inquire into the lawful presence price for the others crimes he had com- our own; we enforce the law. or the immigration status of anyone mitted. But I hear things like statements that they stop. Therefore, Raul Gomez- Here is what is shocking to me, Mr. made in this case, Denver police have Garcia was released each time he was Speaker. Denver Police Chief Gerry no reason to believe someone is in the stopped for his traffic violations, car Whitman said the case, Gomez-Garcia, country illegally; therefore, they do accidents, whatever the incidents of ‘‘sends the message that Denver and its not contact Immigration and Customs confrontation might have been. Gomez- criminal justice system stand behind Enforcement agents. If they stop some- Garcia was allowed to go back on the the police.’’ How does that work? How body, and any common-sense person, streets, back behind the steering can you stand behind the police when anyone with half a brain, could figure

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out that they had an illegal immigrant Mr. PALLONE, for 5 minutes, today. tection Agency, transmitting the Agency’s on their hands because of the identi- Mr. DEFAZIO, for 5 minutes, today. final rule — Halosulfuron-methyl; Pesticide fication, because of maybe a Mexican Ms. WOOLSEY, for 5 minutes, today. Tolerance [EPA-HQ-OPP-2006-0205; FRL-8113- 8] received February 10, 2007, pursuant to 5 driver’s license, maybe because of a Ms. KAPTUR, for 5 minutes, today. U.S.C. 801(a)(1)(A); to the Committee on Ag- matricula consular card, which is al- Ms. MILLENDER-MCDONALD, for 5 min- riculture. most proof positive of unlawful pres- utes, today. 617. A letter from the Principal Deputy As- ence in the United States. There is no Mr. FARR, for 5 minutes, today. sociate Administrator, Environmental Pro- reason to have a matricula consular Mr. CHANDLER, for 5 minutes, today. tection Agency, transmitting the Agency’s card unless you are here illegally, Mr. Mr. YARMUTH, for 5 minutes, today. final rule — Orthosulfamuron; Pesticide Tol- Speaker. (The following Members (at the re- erance [EPA-HQ-OPP-2007-0010; FRL-8113-4] received February 10, 2007, pursuant to 5 No, the Denver police would argue we quest of Mr. BURGESS) to revise and ex- have no reason to believe he is here il- U.S.C. 801(a)(1)(A); to the Committee on Ag- tend their remarks and include extra- riculture. legally, and therefore, we cannot take neous material:) 618. A letter from the Principal Deputy As- action; therefore, we will release an in- Mr. BISHOP of Utah, for 5 minutes, sociate Administrator, Environmental Pro- dividual back on the streets again and today. tection Agency, transmitting the Agency’s hope he does not drag somebody to Mr. GARRETT of New Jersey, for 5 final rule — Sethoxydim; Pesticide Toler- death or shoot somebody in the back or minutes, today. ance [EPA-HQ-OPP-2006-0321; FRL-8115-8] re- ceived February 10, 2007, pursuant to 5 U.S.C. run over them as a drunken driver. Mr. POE, for 5 minutes, today and This kind of tragedy, this kind of 801(a)(1)(A); to the Committee on Agri- February 28 and March 1. culture. evil, Mr. Speaker, has got to be Mr. DREIER, for 5 minutes, today and stopped. I have laid out just three 619. A letter from the Principal Deputy As- February 28. sociate Administrator, Environmental Pro- cases, and I have discussed perhaps Mr. JONES of North Carolina, for 5 tection Agency, transmitting the Agency’s about 17 murder victims in these three minutes, today and February 28 and final rule — Approval and Promulgation of cases. That average, I do not know if it March 1. Air Quality Implementation Plans; Revised is high or low across the perpetrators Mr. BURTON of Indiana, for 5 minutes, Format for Materials Being Incorporated by of capital crime. today and February 28 and March 1. Reference for North Dakota [R08-ND-2006- Mr. Speaker, I can tell you that if 0001; FRL-8274-6] received February 10, 2007, Mr. MORAN of Kansas, for 5 minutes, you are the family members of any of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- February 28. those victims, you are not thinking in mittee on Energy and Commerce. Mr. BURGESS, for 5 minutes, today 620. A letter from the Principal Deputy As- terms of numbers or whether it is a and February 28. sociate Administrator, Environmental Pro- high or a low number of people that tection Agency, transmitting the Agency’s f were killed. You are thinking in terms final rule — Approval and Promulgation of of your loved one that you have lost, SENATE BILL REFERRED Implementation Plans; New York; Motor Ve- that devastating, wrenching that a A bill of the Senate of the following hicle Enhanced Inspection and Maintenance family goes through and a that grief Program [Docket No. EP-R02-OAR-2006-0695, title was taken from the Speaker’s FRL-8275-5] received February 15, 2007, pur- that goes on for a lifetime, that hole table and, under the rule, referred as that is there for a lifetime, the hole suant to 5 U.S.C. 801(a)(1)(A); to the Com- follows: mittee on Energy and Commerce. that I talked about in the family of S. 171. An act to designate the facility of 621. A letter from the Principal Deputy As- Donnie Young, that hole multiplied by the United States Postal Service located at sociate Administrator, Environmental Pro- thousands in this country because we 301 Commerce Street in Commerce, Okla- tection Agency, transmitting the Agency’s do not have the will to enforce our im- homa, as the ‘‘Mickey Mantle Post Office final rule — Approval and Promulgation of migration laws, because we do not have Building’’; to the Committee on Oversight Air Quality Implementation Plans; West Vir- the will because we have people that and Government Reform. ginia; Update to Materials Incorporated by Reference [WV101-6038; FRL-8273-7] received see the massive numbers of low-in- f come, cheap wages as a political power February 10, 2007, pursuant to 5 U.S.C. BILL PRESENTED TO THE 801(a)(1)(A); to the Committee on Energy and base. On the other side of that, we have PRESIDENT Commerce. people that are making a lot of money 622. A letter from the Principal Deputy As- off of cheep labor, and they believe Lorraine C. Miller, Clerk of the sociate Administrator, Environmental Pro- they have a right. House reports that on February 16, tection Agency, transmitting the Agency’s So, therefore, Mr. Speaker, I will 2007, she presented to the President of final rule — Final Authorization of State continue this discussion in future eve- the United states, for his approval, the Hazardous Waste Management Program Re- nings, and I appreciate the privilege to following bill. vision [FRL-8281-3] received February 10, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the address you on the floor of the United H.R. 742. To amend the Antitrust Mod- Committee on Energy and Commerce. States House of Representatives. ernization Commission Act of 2002, to extend 623. A letter from the Director, Depart- the term of the Antitrust Modernization f ment of Defense, transmitting Pursuant to Commission and to make a technical correc- Section 27(f) of the Arms Export Control Act LEAVE OF ABSENCE tion. and Section 1(f) of Executive Order 11958, By unanimous consent, leave of ab- f Transmittal No. 01-07 informing of an intent sence was granted to: ADJOURNMENT to sign a Project Arrangement concerning Mr. ROSS (at the request of Mr. the Joint Studies on Adversary Counter- HOYER) for today on account of official Mr. KING of Iowa. Mr. Speaker, I measures to Ballistic Missile Defense be- business in the district. move that the House do now adjourn. tween the United States and the United Kingdom, pursuant to 22 U.S.C. 2767(f); to the Mr. SPACE (at the request of Mr. The motion was agreed to; accord- ingly (at 11 o’clock and 43 minutes Committee on Foreign Affairs. HOYER) for today and February 28 on 624. A letter from the Assistant Legal Ad- account of a death in the family. p.m.), the House adjourned until to- viser for Treaty Affairs, Department of f morrow, Wednesday, February 28, 2007, State, transmitting Copies of international at 10 a.m. agreements, other than treaties, entered into SPECIAL ORDERS GRANTED f by the United States, pursuant to 1 U.S.C. By unanimous consent, permission to 112b; to the Committee on Foreign Affairs. address the House, following the legis- EXECUTIVE COMMUNICATIONS, 625. A letter from the Assistant Legal Ad- lative program and any special orders ETC. viser for Treaty Affairs, Department of heretofore entered, was granted to: Under clause 8 of rule XII, executive State, transmitting Copies of international (The following Members (at the re- communications were taken from the agreements, other than treaties, entered into by the United States, pursuant to 1 U.S.C. quest of Mr. PALLONE) to revise and ex- Speaker’s table and referred as follows: 112b; to the Committee on Foreign Affairs. tend their remarks and include extra- 616. A letter from the Principal Deputy As- 626. A letter from the Director, Defense Se- neous material:) sociate Administrator, Environmental Pro- curity Cooperation Agency, transmitting a

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A bill to amend the Public Section 43(b) of the AECA; to the Committee Appropriations. Health Service Act to enhance public and on Foreign Affairs. f health professional awareness and under- 627. A letter from the Assistant Secretary standing of lupus and to strengthen the Na- for Legislative Affairs, Department of State, REPORTS OF COMMITTEES ON tion’s research efforts to identify the causes transmitting a copy of the Department’s re- PUBLIC BILLS AND RESOLUTIONS and cure of lupus; to the Committee on En- port entitled, ‘‘Report on the Effectiveness ergy and Commerce. [Pursuant to the order of the House of February of the United Nation to Prevent Sexual Ex- By Mr. LEWIS of Georgia (for himself, 16, 2007, the following report was filed on Feb- ploitation and Abuse and Trafficking in Per- Mr. CAMP of Michigan, Mr. BISHOP of ruary 23, 2007] sons in UN Peacekeeping Missions,’’ pursu- Georgia, Mr. WYNN, Ms. KILPATRICK, ant to Public Law 109-164, section 104(e); to Under clause 2 of rule XIII, reports of Mr. BUTTERFIELD, and Mr. CUM- the Committee on Foreign Affairs. committees were delivered to the Clerk MINGS): 628. A letter from the Assistant Secretary for printing and reference to the proper H.R. 1193. A bill to amend title XVIII of the for Legislative Affairs, Department of State, calendar, as follows: Social Security Act to improve the benefits transmitting Pursuant to section 565(b) of Mr. FRANK: Committee on Financial Serv- under the Medicare Program for bene- the Foreign Relations Authorization Act for ices. H.R. 556. A bill to ensure national secu- ficiaries with kidney disease, and for other FY 1994 and 1995 (Pub. L. 103-236), certifi- rity while promoting foreign investment and purposes; to the Committee on Energy and cations and waivers of the prohibition the creation and maintenance of jobs, to re- Commerce, and in addition to the Committee against contracting with firms that comply form the process by which such investments on Ways and Means, for a period to be subse- with the Arab League Boycott of the State are examined for any effect they may have quently determined by the Speaker, in each of Israel and of the prohibition against con- on national security, to establish the Com- case for consideration of such provisions as tracting with firms that discriminate in the mittee on Foreign Investment in the United fall within the jurisdiction of the committee award of subcontracts on the basis of reli- States, and for other purposes; with an concerned. gion, and accompanying Memorandum of amendment (Rept. 110–24 Pt. 1). Ordered to By Mr. LEWIS of Georgia (for himself, Justification; to the Committee on Foreign be printed. Mr. RAMSTAD, Mr. BOUCHER, and Mr. Affairs. GARY G. MILLER of California): [The following report was filed on February 27, 629. A letter from the Secretary, Depart- H.R. 1194. A bill to amend the Internal Rev- 2007] ment of State, transmitting the Depart- enue Code of 1986 to repeal the excise tax on ment’s report covering current military, dip- Mr. ARCURI: Committee on Rules. House telephone and other communications serv- lomatic, political, and economic measures Resolution 195. Resolution providing for the ices; to the Committee on Ways and Means. that are being or have been undertaken to consideration of the bill (H.R. 556) to ensure By Mr. OBERSTAR (for himself, Mr. complete out mission in Iraq successfully, national security while promoting foreign MICA, Mr. DEFAZIO, and Mr. DUNCAN): pursuant to Public Law 109-163, section 1227; investment and the creation and mainte- H.R. 1195. A bill to amend the Safe, Ac- to the Committee on Foreign Affairs. nance of jobs, to reform the process by which countable, Flexible, Efficient Transportation 630. A letter from the Secretary, Depart- such investments are examined for any ef- Equity Act: A Legacy for Users to make ment of State, transmitting determination fect they may have on national security, to technical corrections, and for other pur- that North Korea detonated a nuclear explo- establish the Committee on Foreign Invest- poses; to the Committee on Transportation sive device on October 9, 2006, pursuant to ment in the Untied States, and for other pur- and Infrastructure. section 102(b)(1) of the Arms Export Control poses; (Rept. 110–25). Referred to the House By Mr. REYES: Act and Section 129 of the Atomic Energy Calendar. H.R. 1196. A bill to authorize appropria- Act; to the Committee on Foreign Affairs. DISCHARGE OF COMMITTEE tions for fiscal year 2007 for intelligence and 631. A letter from the Chairman, Council of intelligence-related activities of the United the District of Columbia, transmitting a [The following action occurred on February 23, States Government, the Community Man- copy of D.C. ACT 17-19, ‘‘Lower Georgia Ave- 2007] agement Account, and the Central Intel- nue Job Training Center Funding Authoriza- Pursuant to clause 2 of rule XII, the ligence Agency Retirement and Disability tion Temporary Act of 2007,’’ pursuant to Committees on Energy and Commerce System, and for other purposes; to the Com- D.C. Code section 1-233(c)(1); to the Com- and Foreign Affairs discharged from mittee on Intelligence (Permanent Select). mittee on Oversight and Government Re- further consideration. H.R. 556 referred By Mr. BILIRAKIS: form. to the Committee of the Whole House 632. A letter from the Chairman, Council of H.R. 1197. A bill to amend title 38, United the District of Columbia, transmitting a on the State of the Union, and ordered States Code, to provide improved benefits for copy of D.C. ACT 17-17, ‘‘Ballpark Hard and to be printed. veterans who are former prisoners of war; to the Committee on Veterans’ Affairs. Soft Costs Cap Temporary Act of 2007,’’ pur- f suant to D.C. Code section 1-233(c)(1); to the By Mrs. CAPPS (for herself, Mr. WALSH Committee on Oversight and Government PUBLIC BILLS AND RESOLUTIONS of New York, Mr. CUMMINGS, Mr. Reform. Under clause 2 of rule XII, public EHLERS, Mr. MCHUGH, Mr. MCNULTY, 633. A letter from the Chairman, Council of Ms. MCCOLLUM of Minnesota, Mrs. bills and resolutions were introduced MCCARTHY of New York, Mr. the District of Columbia, transmitting a and severally referred, as follows: copy of D.C. ACT 17-18, ‘‘Exploratory Com- MCDERMOTT, Mr. GRIJALVA, Ms. mittee Regulation Temporary Amendment By Mr. DAVIS of Alabama (for himself SCHAKOWSKY, Ms. KILPATRICK, Mr. Act of 2007,’’ pursuant to D.C. Code section 1- and Mr. RAMSTAD): PAYNE, Mr. GENE GREEN of Texas, Mr. 233(c)(1); to the Committee on Oversight and H.R. 1190. A bill to amend title XVIII of the HINCHEY, Mr. GUTIERREZ, Mr. Government Reform. Social Security Act to preserve access to FOSSELLA, Mr. SMITH of New Jersey, 634. A letter from the Senior Associate community cancer care by Medicare bene- Mr. JEFFERSON, Mr. JOHNSON of Geor- General Counsel, Office of the Director of ficiaries; to the Committee on Energy and gia, Ms. WOOLSEY, Mr. KUHL of New National Intelligence, transmitting a report Commerce, and in addition to the Committee York, Mr. DAVIS of Illinois, Ms. pursuant to the Federal Vacancies Reform on Ways and Means, for a period to be subse- ESHOO, and Mr. BACHUS): Act of 1998; to the Committee on Oversight quently determined by the Speaker, in each H.R. 1198. A bill to amend the Public and Government Reform. case for consideration of such provisions as Health Service Act regarding early detec- 635. A letter from the Acting Director, De- fall within the jurisdiction of the committee tion, diagnosis, and treatment of hearing fense Security Cooperation Agency, trans- concerned. loss; to the Committee on Energy and Com- mitting pursuant to Section 634A of the For- By Mr. RENZI: merce. eign Assistance Act of 1961, notification for H.R. 1191. A bill to authorize the National By Mr. CARDOZA (for himself, Mr. countries listed as approved for funding for Park Service to pay for services rendered by LARSEN of Washington, and Ms. the FY 2007 International Military Edu- subcontractors under a General Services Ad- HOOLEY): cation and Training (IMET) program; jointly ministration Indefinite Deliver/Indefinite H.R. 1199. A bill to extend the grant pro- to the Committees on Foreign Affairs and Quantity Contract issued for work to be gram for drug-endangered children; to the Appropriations. completed at the Grand Canyon National Committee on the Judiciary, and in addition 636. A letter from the Acting Director, De- Park; to the Committee on Natural Re- to the Committee on Energy and Commerce, fense Security Copperation Agency, trans- sources. for a period to be subsequently determined

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by the Speaker, in each case for consider- Lee, Virginia, in honor of General Richard H. SOUDER, Mrs. MUSGRAVE, Mr. GOOD- ation of such provisions as fall within the ju- Thompson, who is the only quartermaster to LATTE, Mr. PITTS, Mr. LAMBORN, Mr. risdiction of the committee concerned. have risen from private to full general; to SHADEGG, Mr. BARTLETT of Maryland, By Mr. MCDERMOTT (for himself, Mr. the Committee on Armed Services. Mr. WILSON of South Carolina, Mr. DELAHUNT, Mr. KUCINICH, Ms. LEE, By Mr. GERLACH: FORTUN˜ O, Mr. BARRETT of South Ms. SCHAKOWSKY, Mr. HINCHEY, Mr. H.R. 1207. A bill to amend the Internal Rev- Carolina, Mr. PEARCE, Mr. GINGREY, DICKS, Mr. FARR, Mr. GRIJALVA, Mr. enue Code of 1986 to impose an excise tax on Mr. MCCAUL of Texas, Mr. HARE, Mr. OLVER, and Mr. GUTIERREZ): any tax-exempt organization which accepts GENE GREEN of Texas, Mr. SCOTT of H.R. 1200. A bill to provide for health care any contribution which may be used to relo- Georgia, Mrs. MYRICK, Mr. SENSEN- for every American and to control the cost cate property held by the organization if the BRENNER, Ms. BORDALLO, Mr. PATRICK and enhance the quality of the health care relocation is contrary to the intent of the J. MURPHY of Pennsylvania, Mr. LIN- system; to the Committee on Energy and donor of the property; to the Committee on COLN DIAZ-BALART of Florida, Mr. Commerce, and in addition to the Commit- Ways and Means. MCCOTTER, and Mr. TERRY): By Mr. GILLMOR (for himself and Mr. tees on Ways and Means, Oversight and Gov- H.R. 1213. A bill to amend the Internal Rev- BAKER): ernment Reform, and Armed Services, for a enue Code of 1986 to allow employers a credit period to be subsequently determined by the H.R. 1208. A bill to amend the Securities and Exchange Act of 1934 to require im- against income tax equal to 50 percent of the Speaker, in each case for consideration of compensation paid to employees while they such provisions as fall within the jurisdic- proved disclosure of corporate charitable contributions, and for other purposes; to the are performing active duty service as mem- tion of the committee concerned. bers of the Ready Reserve or the National By Mr. BOUCHER (for himself, Mr. Committee on Financial Services. By Mr. KING of New York: Guard and of the compensation paid to tem- DOOLITTLE, and Ms. ZOE LOFGREN of H.R. 1209. A bill to provide Capitol-flown porary replacement employees; to the Com- California): flags to the immediate family of fire fight- mittee on Ways and Means. H.R. 1201. A bill to amend title 17, United ers, law enforcement officers, emergency By Mr. RAMSTAD (for himself and Mr. States Code, to promote innovation, to en- medical technicians, and other rescue work- TAYLOR): courage the introduction of new technology, ers who are killed in the line of duty; to the to enhance library preservation efforts, and H.R. 1214. A bill to amend title 38, United Committee on House Administration. to protect the fair use rights of consumers, States Code, to expand and enhance edu- By Mr. MATHESON (for himself, Mr. and for other purposes; to the Committee on cational assistance for survivors and depend- CANNON, and Mr. BISHOP of Utah): ents of veterans; to the Committee on Vet- the Judiciary. H.R. 1210. A bill to authorize the exchange By Mr. ENGLISH of Pennsylvania (for erans’ Affairs. of certain land in Grand, San Juan, and By Mr. ROGERS of Michigan: himself, Ms. NORTON, and Mr. CAR- Uintah Counties, Utah, and for other pur- H.R. 1215. A bill to authorize the Secretary TER): poses; to the Committee on Natural Re- of Energy to make certain loan guarantees H.R. 1202. A bill to amend the Federal Elec- sources. for advanced conservation and fuel efficiency tion Campaign Act of 1971 to prohibit an au- By Mr. MATHESON (for himself, Mr. motor vehicle technology projects; to the thorized committee of a winning candidate MCINTYRE, Mr. TAYLOR, Mrs. WILSON Committee on Energy and Commerce, and in for election for Federal office which received of New Mexico, Mr. EDWARDS, Mr. addition to the Committee on Science and a personal loan from the candidate from BERRY, Mr. BISHOP of Georgia, Mr. Technology, for a period to be subsequently making any repayment on the loan after the BUTTERFIELD, Mr. LINCOLN DAVIS of determined by the Speaker, in each case for date on which the candidate begins serving Tennessee, Mr. DEFAZIO, Mr. DELA- consideration of such provisions as fall with- in such office; to the Committee on House HUNT, Mr. ETHERIDGE, Mr. HOLT, Ms. in the jurisdiction of the committee con- Administration. JACKSON-LEE of Texas, Mr. KUHL of cerned. By Mr. ENGLISH of Pennsylvania (for New York, Mr. LATHAM, Mrs. MALO- By Ms. SCHAKOWSKY (for herself and himself, Mr. UDALL of Colorado, Mr. NEY of New York, Ms. SCHWARTZ, Mr. Mr. KING of New York): TERRY, Mr. CARTER, and Mr. MILLER UDALL of New Mexico, Mrs. CAPPS, of Florida): Mr. HIGGINS, Mr. MELANCON, Mr. GRI- H.R. 1216. A bill to direct the Secretary of H.R. 1203. A bill to amend the Federal Elec- JALVA, Mr. CUMMINGS, Mr. MCGOV- Transportation to issue regulations to re- tion Campaign Act of 1971 to prohibit the use ERN, Mr. ALEXANDER, Mr. CLEAVER, duce the incidence of child injury and death of any contribution made to a candidate for Mr. EMANUEL, Mr. WAMP, Mr. SALA- occurring inside or outside of light motor ve- election for Federal office, or any donation ZAR, Mr. CUELLAR, Mr. FATTAH, Mr. hicles, and for other purposes; to the Com- made to an individual as support for the in- GONZALEZ, Mr. TIM MURPHY of Penn- mittee on Energy and Commerce. dividual’s activities as the holder of a Fed- sylvania, Ms. BORDALLO, Mr. PATRICK By Mr. SMITH of Nebraska (for him- eral office, for the payment of a salary to the MURPHY of Pennsylvania, Mr. HOL- self, Mr. HAYES, Mr. CONAWAY, and candidate or individual or to any member of DEN, Mr. DOYLE, Mr. SHULER, Mr. VAN Mrs. MUSGRAVE): the immediate family of the candidate or in- HOLLEN, Ms. MATSUI, Ms. LORETTA H.R. 1217. A bill to amend the Internal Rev- dividual; to the Committee on House Admin- SANCHEZ of California, Mrs. DAVIS of enue Code of 1986 to provide a credit to cer- istration. California, Mr. LYNCH, Mr. ROSS, Mr. tain concentrated animal feeding operations By Mr. ENGLISH of Pennsylvania (for BOUCHER, Mr. WALZ of Minnesota, for the cost of complying with environ- himself and Mr. GOODE): Ms. BERKLEY, Mr. HALL of New York, mental protection regulations; to the Com- H.R. 1204. A bill to amend the Internal Rev- Ms. HOOLEY, Mrs. MCCARTHY of New mittee on Ways and Means. enue Code of 1986 to impose penalties for the York, Mr. BOSWELL, Mr. ELLISON, Ms. By Mr. WU: failure of 527 organizations to comply with KILPATRICK, Mr. FARR, and Mr. LAN- disclosure requirements; to the Committee H.R. 1218. A bill to amend part D of title TOS): XVIII of the Social Security Act to authorize on Ways and Means, and in addition to the H.R. 1211. A bill to amend title 38, United the Secretary of Health and Human Services Committee on House Administration, for a States Code, to provide entitlement to edu- to negotiate for lower prices for Medicare period to be subsequently determined by the cational assistance under the Montgomery prescription drugs and to eliminate the gap Speaker, in each case for consideration of GI Bill for members of the Selected Reserve such provisions as fall within the jurisdic- who aggregate more than two years of active in coverage of Medicare prescription drug tion of the committee concerned. duty service in any five year period, and for benefits, to authorize the Secretary of By Mr. FALEOMAVAEGA (for himself, other purposes; to the Committee on Vet- Health and Human Services to promulgate Ms. BORDALLO, Mrs. CHRISTENSEN, erans’ Affairs, and in addition to the Com- regulations for the reimportation of pre- and Mr. ABERCROMBIE): mittee on Armed Services, for a period to be scription drugs, and for other purposes; to H.R. 1205. A bill to reauthorize the Coral subsequently determined by the Speaker, in the Committee on Energy and Commerce, Reef Conservation Act of 2000, and for other each case for consideration of such provi- and in addition to the Committee on Ways purposes; to the Committee on Natural Re- sions as fall within the jurisdiction of the and Means, for a period to be subsequently sources, and in addition to the Committee on committee concerned. determined by the Speaker, in each case for Science and Technology, for a period to be By Mr. MELANCON: consideration of such provisions as fall with- subsequently determined by the Speaker, in H.R. 1212. A bill to amend the Small Busi- in the jurisdiction of the committee con- each case for consideration of such provi- ness Act to authorize the Administrator of cerned. sions as fall within the jurisdiction of the the Small Business Administration to waive By Mr. WU: committee concerned. the prohibition on duplication of certain dis- H.R. 1219. A bill to amend title XVIII of the By Mr. FORBES: aster relief assistance; to the Committee on Social Security Act to provide geographic H.R. 1206. A bill to name the Logistics Au- Small Business. equity in fee-for-service reimbursement for tomation Training Facility of the Army By Mr. POE (for himself, Mr. EDWARDS, providers under the Medicare Program; to Quartermaster Center and School at Fort Mr. CARTER, Mr. GONZALEZ, Mr. the Committee on Ways and Means, and in

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addition to the Committee on Energy and ISRAEL, Mr. GEORGE MILLER of Cali- H.R. 180: Mr. HINCHEY, Ms. MILLENDER- Commerce, for a period to be subsequently fornia, Ms. BALDWIN, Ms. LORETTA MCDONALD, Mr. DAVIS of Illinois, Mr. MEEKS determined by the Speaker, in each case for SANCHEZ of California, Mr. BACHUS, of New York, Mr. PASTOR, Ms. WATERS, Mr. consideration of such provisions as fall with- Mr. HINOJOSA, Mr. WILSON of South AL GREEN of Texas, Ms. HARMAN, Mr. HODES, in the jurisdiction of the committee con- Carolina, Mr. POE, Mr. MCCAUL of Ms. HIRONO, Mr. KUCINICH, Mr. MCGOVERN, cerned. Texas, Mr. SHAYS, Mr. SENSEN- and Mr. SCOTT of Georgia. By Mr. PLATTS: BRENNER, and Mr. INGLIS of South H.R. 192: Mr. NEUGEBAUER. H.J. Res. 38. A joint resolution proposing Carolina): H.R. 201: Ms. SCHAKOWSKY. an amendment to the Constitution of the H. Res. 198. A resolution recognizing the H.R. 237: Mr. MICHAUD. United States to authorize the line item significance of Black History Month; to the H.R. 241: Mr. BOEHNER. veto; to the Committee on the Judiciary. Committee on Oversight and Government H.R. 251: Mr. CARNAHAN. By Ms. EDDIE BERNICE JOHNSON of Reform. H.R. 303: Mr. BOYD of Florida, Mr. JONES of Texas (for herself and Mr. HONDA): By Mr. REYES (for himself and Mr. North Carolina, Mr. KIRK, Mr. PRICE of North H. Con. Res. 75. Concurrent resolution ex- HOEKSTRA): Carolina, and Ms. HERSETH. pressing the sense of Congress that the glob- H. Res. 199. A resolution providing H.R. 319: Mr. VAN HOLLEN. al use of child soldiers is unacceptable and amounts for the expenses of the Permanent H.R. 328: Mr. AL GREEN of Texas, Mr. that the international community should Select Committee on Intelligence in the One MORAN of Virginia, and Mr. SHAYS. find remedies end this practice; to the Com- Hundred Tenth Congress; to the Committee H.R. 352: Ms. NORTON and Mr. HARE. mittee on Foreign Affairs. on House Administration. H.R. 358: Ms. HIRONO, Mr. BUTTERFIELD, Mr. By Mr. COHEN (for himself, Mr. JOHN- By Ms. SLAUGHTER (for herself and MOLLOHAN, Mr. TIM MURPHY of Pennsyl- SON of Georgia, Ms. JACKSON-LEE of Mr. DREIER): vania, and Mr. PETERSON of Minnesota. Texas, Mr. BRADY of Pennsylvania, H. Res. 200. A resolution providing H.R. 359: Ms. SUTTON. Mr. WEXLER, Ms. KILPATRICK, Ms. amounts for the expenses of the Committee H.R. 370: Mr. TIM MURPHY of Pennsylvania WOOLSEY, Mr. PALLONE, Ms. LEE, Mr. on Rules in the One Hundred Tenth Congress; and Mr. TANCREDO. MCGOVERN, Ms. SCHAKOWSKY, Mrs. to the Committee on House Administration. H.R. 402: Mr. ABERCROMBIE, Mr. PASTOR, MALONEY of New York, Mr. CONYERS, f and Mr. BOUCHER. Mr. MORAN of Virginia, Mr. CAPUANO, H.R. 405: Mrs. CAPPS. Mr. RANGEL, Mr. PAYNE, Mr. JEFFER- MEMORIALS H.R. 410: Mr. CROWLEY. SON, Mr. ELLISON, Mr. AL GREEN of H.R. 423: Mr. PASTOR and Mr. BACA. Under clause 3 of rule XII, memorials Texas, Mr. BUTTERFIELD, Ms. WAT- H.R. 454: Mr. CUMMINGS, Mr. GRIJALVA, and SON, Mr. HINCHEY, Mr. CLEAVER, Ms. were presented and referred as follows: Mr. MOORE of Kansas. CARSON, Mr. ISRAEL, Mr. ACKERMAN, 9. The SPEAKER presented a memorial of H.R. 457: Mr. BUTTERFIELD and Mr. JEFFER- Mr. DAVIS of Alabama, Mr. LEWIS of the Legislature of the State of Louisiana, SON. Georgia, Mr. ABERCROMBIE, Mr. HARE, relative to House Concurrent Resolution No. H.R. 464: Ms. WASSERMAN SCHULTZ and Mr. Mr. KENNEDY, Ms. BALDWIN, Mr. 33 memorializing the Congress of the United WU. HODES, Mr. FILNER, Mr. HONDA, and States to adopt S. 520 and H.R. 1070, the Con- H.R. 468: Ms. KILPATRICK, Mr. ISRAEL, Mr. Mr. KUCINICH): stitution Restoration Act of 2005, which will CUMMINGS, Mr. RUSH, and Mrs. JONES of H. Res. 194. A resolution apologizing for limit the jurisdiction of the federal courts Ohio. the enslavement and racial segregation of and preserve the right to acknowledge God H.R. 471. Mr. CARNEY, Mrs. BOYDA of Kan- African-Americans; to the Committee on the to the states and to the people and resolve sas, Mr. PEARCE, Mr. LAHOOD, Mrs. SCHMIDT, Judiciary. the issue of improper judicial intervention in Mr. BOUCHER, and Ms. GINNY BROWN-WAITE of By Mr. BLUMENAUER (for himself and matters relating to the acknowledgment of Florida. Ms. EDDIE BERNICE JOHNSON of God; to the Committee on the Judiciary. H.R. 477: Mr. UDALL of Colorado, Ms. Texas): 10. Also, a memorial of the Senate of the HOOLEY, Mr. TOWNS, Mr. EMANUEL, and Ms. H. Res. 196. A resolution supporting the State of Louisiana, relative to Senate Reso- ESHOO. goals and ideals of World Water Day; to the lution 16 memorializing the Congress of the H.R. 493: Mrs. TAUSCHER, Mr. PICKERING, Committee on Foreign Affairs. United States to adopt the Constitution Res- and Mr. MATHESON. By Mr. ENGEL: toration Act, to limit the jurisdiction of the H.R. 505: Mr. FALEOMAVAEGA, Ms. H. Res. 197. A resolution commending Vice federal courts and preserve the right to the BORDALLO, and Mr. MORAN of Virginia. President Al Gore on his well-deserved rec- states and to the people to acknowledge God H.R. 508: Mr. JACKSON of Illinois and Mr. ognition for the Academy Award-winning and resolve the issue of improper judicial HONDA. documentary, ‘‘An Inconvenient Truth’’; to intervention in matters relating to the ac- H.R. 511: Mr. PORTER, Mr. HULSHOF, Mr. the Committee on Oversight and Govern- knowledgment of God, all as authorized by WALBERG, Mrs. BIGGERT, Mr. LINDER, and Mr. ment Reform. Article III, Section 2, of the United States MANZULLO. By Mr. AL GREEN of Texas (for him- Constitution; to the Committee on the Judi- H.R. 522: Mr. MEEHAN and Ms. CLARKE. self, Ms. KILPATRICK, Mr. LEWIS of ciary. H.R. 526: Mr. REICHERT. Georgia, Mr. CLYBURN, Mr. DAVIS of f H.R. 539: Mr. PAUL, Mrs. CUBIN, Mr. LEVIN, Illinois, Ms. LEE, Mr. BUTTERFIELD, Mr. TERRY, Mr. LANGEVIN, Mr. LYNCH, Mr. Ms. JACKSON-LEE of Texas, Ms. PRIVATE BILLS AND BOOZMAN, and Mr. DAVIS of Illinois. MOORE of Wisconsin, Mr. CUMMINGS, RESOLUTIONS H.R. 552: Mr. BOUCHER, Mr. WEXLER, Mr. Mr. DAVIS of Alabama, Mr. CLEAVER, ROGERS of Alabama, Ms. DEGETTE, Mr. Mr. FATTAH, Mr. MEEKS of New York, Under clause 3 of rule XII, SAXTON, Mr. FRANK of Massachusetts, Mr. Ms. EDDIE BERNICE JOHNSON of Texas, Mr. LATOURETTE introduced a bill (H.R. ALLEN, and Mr. GINGREY. Ms. CORRINE BROWN of Florida, Ms. 1220) for the relief of Michael Dvorkin; which H.R. 566: Ms. HIRONO. CARSON, Ms. CLARKE, Mr. CLAY, Mr. was referred to the Committee on the Judici- H.R. 579: Mr. JINDAL, Mrs. DAVIS of Cali- CONYERS, Mr. PAYNE, Mr. RANGEL, ary. fornia, Mr. UDALL of New Mexico, Mrs. TAU- Mrs. CHRISTENSEN, Ms. WATERS, Mr. f SCHER, Mr. OLVER, Mr. BERRY, Mr. WELCH of RUSH, Mr. SCOTT of Virginia, Mr. Vermont, and Mr. BONNER. ELLISON, Mr. THOMPSON of Mis- ADDITIONAL SPONSORS H.R. 618: Mr. LINDER. sissippi, Ms. NORTON, Ms. WATSON, Under clause 7 of rule XII, sponsors H.R. 621: Mr. KANJORSKI, Mr. BOREN, Mr. Mr. WYNN, Mr. TOWNS, Mrs. JONES of GILLMOR, Mr. BOUCHER, Mr. Tim MURPHY of Ohio, Mr. WATT, Mr. HASTINGS of were added to public bills and resolu- Pennsylvania, Mr. HOLDEN, Mr. BISHOP of Florida, Mr. JOHNSON of Georgia, Mr. tions as follows: Georgia, Mr. GOODE, and Mr. CANNON. BISHOP of Georgia, Mr. MEEK of Flor- H.R. 40: Mr. BRADY of Pennsylvania. H.R. 628: Mr. VAN HOLLEN, Mr. KUHL of New ida, Mr. JACKSON of Illinois, Ms. H.R. 60: Ms. CASTOR and Mr. DAVID DAVIS York, and Mr. GORDON. MILLENDER-MCDONALD, Mr. SCOTT of of Tennessee. H.R. 642: Mr. MEEK of Florida, Mr. Georgia, Mr. JEFFERSON, Mr. ORTIZ, H.R. 65: Mr. MARCHANT. MCHUGH, and Mr. COHEN. Mr. GRIJALVA, Mr. BRADY of Pennsyl- H.R. 73: Mr. FORTENBERRY, Mr. WAMP, and H.R. 643: Mr. MEEK of Florida, Mrs. vania, Mr. HONDA, Mrs. CAPPS, Mr. Mr. BOOZMAN. MYRICK, Mr. LATOURETTE, Mr. WELLER, Mr. CROWLEY, Mrs. NAPOLITANO, Mr. H.R. 89: Mr. JONES of North Carolina, Mr. SKELTON, Mr. LEWIS of Kentucky, Mr. TIBERI, CAPUANO, Ms. SOLIS, Ms. WASSERMAN MILLER of Florida, and Mr. JINDAL. and Mr. GORDON. SCHULTZ, Mr. LARSON of Connecticut, H.R. 140: Ms. HOOLEY. H.R. 644: Mr. ALTMIRE and Mr. WELCH of Mr. DOGGETT, Mr. SERRANO, Mr. PAL- H.R. 146: Mr. TERRY and Mr. TOWNS. Vermont. LONE, Mr. HIGGINS, Mr. WU, Mr. H.R. 178: Mrs. CHRISTENSEN and Mr. RUSH. H.R. 661: Mr. INSLEE.

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H.R. 662: Mr. WELLER, Mr. WEXLER, and Mr. of California, Mr. COHEN, Mr. TIERNEY, Ms. H.J. Res. 6: Mr. GOODE. ABERCROMBIE. MATSUI, Mr. HARE, Mr. DAVIS of Illinois, and H.J. Res. 19: Mr. DAVID DAVIS of Tennessee. H.R. 664: Mr. ROHRABACHER. Mr. ISRAEL. H.J. Res. 21: Ms. GINNY BROWN-WAITE of H.R. 667: Mr. LIPINSKI. H.R. 996: Ms. CLARKE. Florida. H.R. 670: Mr. NADLER, Mr. SHAYS, Mr. H.R. 998: Mr. BISHOP of Georgia, Mr. H. Con. Res. 9: Ms. CORRINE BROWN of Flor- MCKEON, and Mr. MCHUGH. BUTTERFIELD, Mr. CUMMINGS, Mr. FARR, Mr. ida, Mr. CLAY, Mr. JEFFERSON, Mr. RANGEL, H.R. 676: Mr. YARMUTH, Mr. UDALL of New HONDA, Mr. MORAN of Virginia, Mr. PAYNE, Mr. HASTINGS of Florida, Mr. MEEK of Flor- Mexico, Mr. BRADY of Pennsylvania, and Mr. RANGEL, Mr. RUSH, Mr. SHULER, Mr. STU- ida, and Mr. KUCINICH. Mrs. NAPOLITANO. PAK, and Mr. TOWNS. H. Con. Res. 19: Ms. NORTON, Mr. RUSH, and H.R. 677: Ms. HOOLEY, Mr. HOLDEN, Mr. H.R. 1010: Mr. BERMAN, Ms. CORRINE BROWN Ms. KILPATRICK. CLAY, and Mr. LEVIN. of Florida, Ms. MCCOLLUM of Minnesota, Mr. H. Con. Res. 28: Mr. MILLER of Florida, Mr. H.R. 684: Mr. DAVIS of Illinois, Mr. VAN HOLLEN, Mr. KUCINICH, Mr. BISHOP of CALVERT, and Mr. MARCHANT. CLEAVER, and Mr. CONYERS. Georgia, Mr. CUMMINGS, and Mr. PAYNE. H. Con. Res. 39: Ms. WOOLSEY, Mr. ENGEL, H.R. 689: Mr. POE, Mr. DEAL of Georgia, and H.R. 1013: Mr. EVERETT. and Mr. EMANUEL. Mr. MARCHANT. H.R. 1014: Mrs. DAVIS of California, Ms. H. Con. Res. 40: Mr. GARRETT of New Jersey H.R. 690: Ms. BORDALLO, Mr. GERLACH, and MCCOLLUM of Minnesota, Mr. TERRY, Ms. and Mr. MCCOTTER. Mr. WALSH of New York. HIRONO, Ms. HOOLEY, Ms. KILPATRICK, Mr. H. Con. Res. 45: Mr. DENT. H.R. 694: Mr. DAVIS of Illinois. MEEHAN, Ms. SCHAKOWSKY, Mr. GRIJALVA, H. Con. Res. 47: Mr. SALAZAR, Mr. HAYES, H.R. 695: Mr. JONES of North Carolina, Mr. Ms. HERSETH, Mrs. CAPITO, Mr. CLAY, Mr. Mr. BUYER, and Mr. BURGESS. LEVIN, and Mr. HONDA. REYES, Mr. SHAYS, Mr. MCDERMOTT, Ms. H. Con. Res. 53: Mr. KUHL of New York, Mr. H.R. 697: Mr. PEARCE. NORTON, Ms. ESHOO, Mr. CUMMINGS, Mr. BOS- BUTTERFIELD, and Mr. HINOJOSA. H.R. 701: Mr. OBERSTAR. WELL, Mr. AL GREEN of Texas, Mrs. TAU- H. Con. Res. 62: Mr. ISSA, Mr. CASTLE, Mr. H.R. 718: Mr. TIBERI, Mr. CONYERS, and Mr. SCHER, Mr. PRICE of North Carolina, Mrs. PLATTS, Mr. SHAYS, Ms. FOXX, Mr. MICA, Mr. BISHOP of New York. LOWEY, Ms. BORDALLO, Mr. LYNCH, Mr. WESTMORELAND, Mr. MOORE of Kansas, Mrs. H.R. 722: Mr. TERRY. MCCOTTER, Mr. WU, Mr. VAN HOLLEN, and H.R. 723: Mr. ORTIZ and Mr. ROHRABACHER. BLACKBURN, Mrs. BONO, Mr. FORTENBERRY, Mr. LANTOS. H.R. 770: Mr. JEFFERSON, Mr. GRIJALVA, Mr. DUNCAN, Mr. CANNON, Mr. DAVIS of Illi- H.R. 1023: Mr. WESTMORELAND and Mr. Mr. DEFAZIO, Mr. MCGOVERN, Mr. DOGGETT, nois, Mr. PAYNE, Mr. TIM MURPHY of Penn- GOODE. Mr. OLVER, Ms. WATSON, and Mr. FARR. sylvania, Mr. PENCE, Mr. SESSIONS, Mr. H.R. 1034: Mr. BURTON of Indiana and Ms. H.R. 784: Ms. BORDALLO, Mrs. DAVIS of Cali- LIPINSKI, Mr. BILBRAY, Mr. DENT, Mr. LIN- BORDALLO. fornia, and Mr. ABERCROMBIE. DER, Mr. TURNER, Mr. GOODE, Mr. MORAN of H.R. 1035: Mr. BROWN of South Carolina. H.R. 787: Ms. HIRONO and Ms. CORRINE Virginia, Mr. GOODLATTE, Mrs. JO ANN DAVIS H.R. 1038: Mr. CONYERS and Mr. ABER- BROWN of Florida. of Virginia, and Mr. SALI. CROMBIE. H.R. 803: Mr. DENT, Ms. ZOE LOFGREN of H. Con. Res. 71: Mr. LAMBORN, Ms. HIRONO, H.R. 1051: Ms. HIRONO and Mr. MOORE of California, Mrs. LOWEY, and Mr. PERL- Mr. FOSSELLA, and Mr. LANTOS. Kansas. MUTTER. H. Con. Res. 74: Mr. HOLDEN, Mr. GERLACH, H.R. 1061: Mr. BROWN of South Carolina, H.R. 811: Mr. DAVIS of Alabama, Mr. UDALL and Mr. GEORGE MILLER of California. Mrs. MILLER of Michigan, and Mr. LARSEN of of New Mexico, and Mr. CLEAVER. H. Res. 37: Mr. CONYERS, Ms. SCHAKOWSKY, Washington. H.R. 819: Mr. PASTOR, Mr. LEWIS of Geor- and Mr. HONDA. H.R. 1063: Mrs. MILLER of Michigan, Mr. gia, Mr. HODES, Mr. CONYERS, Mr. BOSWELL, H. Res. 42: Mr. BURGESS. BRADY of Texas, Mr. SKELTON, Mr. MCCOT- Mr. DEFAZIO, Mr. KUCINICH, Mr. CHANDLER, H. Res. 53: Mr. DAVIS of Illinois. TER, Mr. WELLER, and Mr. MURTHA. Ms. SHEA-PORTER, and Mr. THOMPSON of Cali- H. Res. 55: Mr. WEXLER and Mr. HONDA. H.R. 1072: Mr. DAVIS of Illinois and Mr. fornia. H. Res. 79: Mr. HOLDEN and Mr. GOODLATTE. LANTOS. H.R. 829: Mr. MARCHANT. H.R. 1074: Mr. PASCRELL and Mr. DAVIS of H. Res. 87: Mr. SPACE. H.R. 836: Mr. PLATTS. Illinois. H. Res. 95: Mr. MEEK of Florida and Ms. H.R. 837: Mr. PLATTS. H.R. 1076: Mr. PETRI and Mr. ALLEN. HIRONO. H.R. 840: Mr. LEWIS of Georgia, Ms. SCHA- H.R. 1077: Mr. KUHL of New York and Mrs. H. Res. 100: Mr. MCDERMOTT, Mr. HINCHEY, KOWSKY, Mr. CLAY, Ms. HIRONO, Ms. MOORE of MUSGRAVE. Mr. COSTA, Mr. LEVIN, Mr. MICHAUD, Mr. Wisconsin, and Mr. RUSH. H.R. 1080: Ms. HERSETH. BERMAN, Mrs. CAPPS, Mr. MCCOTTER, Mr. H.R. 845: Mr. PLATTS. FATTAH, Mr. LIPINSKI, Ms. HIRONO, and Ms. H.R. 846: Mr. PLATTS. H.R. 1086: Ms. HOOLEY and Mr. LIPINSKI. EDDIE BERNICE JOHNSON of Texas. H.R. 851: Mr. CHABOT. H.R. 1097: Ms. HIRONO. H. Res. 111: Mr. WALSH of New York, Mr. H.R. 854: Mr. HOLT. H.R. 1107: Mr. GORDON. BURTON of Indiana, Mr. MCCOTTER, Mr. H.R. 869: Ms. HERSETH and Ms. HIRONO. H.R. 1118: Mr. PLATTS and Mr. CHABOT. PETERSON of Minnesota, and Mr. ROSKAM. H.R. 876: Mr. MCCOTTER, Mr. HUNTER, and H.R. 1120: Mr. TIM MURPHY of Pennsyl- H. Res. 118: Mr. DAVIS of Illinois, Ms. SCHA- Mr. VAN HOLLEN. vania, Mr. ISRAEL, Mr. SHIMKUS, Mr. SES- KOWSKY, Mr. AL GREEN of Texas, Mr. FATTAH, H.R. 884: Mrs. LOWEY, Mrs. CHRISTENSEN, SIONS, Mr. TIBERI, Mr. UPTON, Mr. REICHERT, Mr. CUMMINGS, Mr. SHAYS, Mrs. TAUSCHER, Mr. CROWLEY, Mr. COURTNEY, Mr. TIM MUR- Mr. MCHENRY, Ms. GINNY BROWN-WAITE of Mr. MCDERMOTT, Mrs. MALONEY of New PHY of Pennsylvania, Mr. MICHAUD, and Mr. Florida, Mr. MANZULLO, Mr. LINCOLN DIAZ- York, Mr. RUSH, Mr. JOHNSON of Georgia, Mr. MCCOTTER. BALART of Florida, Mr. MARIO DIAZ-BALART SERRANO, Ms. WOOLSEY, and Mr. SIRES. H.R. 891: Ms. MOORE of Wisconsin, Mr. of Florida, and Mr. WALDEN of Oregon. H. Res. 119: Ms. CARSON, Mr. HONDA, Mr. CAPUANO, Mrs. DAVIS of California, Mr. BLU- H.R. 1152: Mr. TIM MURPHY of Pennsylvania TIM MURPHY of Pennsylvania, and Ms. MENAUER, Mr. ROTHMAN, Mr. AL GREEN of and Mr. PATRICK J. MURPHY of Pennsylvania. BORDALLO. Texas, and Mr. FARR. H.R. 1153: Mr. JONES of North Carolina, Mr. H.R. 897: Mr. GONZALEZ. TERRY, and Mr. TANCREDO. H. Res. 125: Mr. DAVIS of Kentucky, Mr. H.R. 901: Ms. HIRONO, Mr. NADLER, Mr. H.R. 1157: Mr. ALLEN, Mr. BISHOP of New WEXLER, Mr. POE, Mr. BOOZMAN, Mr. KIRK, MEEKS of New York, Mr. DAVIS of Illinois, York, Mr. CLEAVER, Mr. CUMMINGS, Mr. TOM Mr. DOOLITTLE, Mr. WILSON of South Caro- Mr. MCINTYRE, and Mrs. NAPOLITANO. DAVIS of Virginia, Mrs. DAVIS of California, lina, Mr. CANNON, Mr. SESSIONS, Mr. MACK, H.R. 910: Mrs. MCMORRIS RODGERS. Mr. DELAHUNT, Mr. EMANUEL, Mr. ENGEL, Ms. Mr. MILLER of North Carolina, Mr. SAXTON, H.R. 916: Mr. KUCINICH and Mr. ISRAEL. ESHOO, Mr. FRANK of Massachusetts, Ms. Mr. FRANKS of Arizona, Mr. HASTINGS of H.R. 926: Mr. BOUCHER and Mr. SALAZAR. HARMAN, Mr. HOLDEN, Mr. ISRAEL, Mr. KEN- Florida, Mr. ENGEL, and Mr. FOSSELLA. H.R. 939: Mrs. MYRICK, Mrs. CUBIN, Mr. NEDY, Mr. KIND, Mr. KUCINICH, Mr. LARSON of H. Res. 126: Mr. COHEN. GARRETT of New Jersey, Mr. BARTLETT of Connecticut, Mr. LYNCH, Mrs. MCCARTHY of H. Res. 128: Mr. GONZALEZ. Maryland, and Mr. BOOZMAN. New York, Ms. MCCOLLUM of Minnesota, Mr. H. Res. 137: Mr. BERMAN and Mr. ISRAEL. H.R. 947: Mr. GONZALEZ. MEEHAN, Mr. MICHAUD, Mr. MORAN of Vir- H. Res. 143: Mrs. CAPPS, Mr. FATTAH, and H.R. 957: Mr. MCNULTY, Ms. HARMAN, and ginia, Mr. MURTHA, Mr. NEAL of Massachu- Mrs. TAUSCHER. Mrs. MYRICK. setts, Mr. OBERSTAR, Mr. PETERSON of Min- H. Res. 146: Mr. KUCINICH, Mr. AL GREEN of H.R. 960: Mr. FATTAH and Mr. KENNEDY. nesota, Mr. PLATTS, Mr. RAMSTAD, Mr. Texas, Mr. MOORE of Kansas, and Ms. ZOE H.R. 962: Mr. DEFAZIO, Ms. HIRONO, Mr. REYES, Mr. RYAN of Wisconsin, Ms. SCHA- LOFGREN of California. GEORGE MILLER of California, Ms. LINDA T. KOWSKY, Ms. SCHWARTZ, Mr. SERRANO, Mr. H. Res. 162: Ms. MATSUI, Mr. PASCRELL, Mr. SA´ NCHEZ of California, and Mr. STARK. SHAYS, Mrs. TAUSCHER, Mr. WAXMAN, Mr. HINOJOSA, Mr. LANTOS, Ms. CLARKE Mr. H.R. 984: Mr. WELCH of Vermont. WEINER, and Mr. TIERNEY. SCOTT of Georgia, Mr. COOPER and Mr. GOR- H.R. 985: Mr. WELCH of Vermont. H.R. 1169: Mr. CONYERS. DON. H.R. 990: Mrs. TAUSCHER, Mr. AL GREEN of H.R. 1188: Mr. TOM DAVIS of Virginia, Mr. H. Res. 163: Mr. DOGGETT and Mr. CAPUANO. Texas, Mr. HASTINGS of Florida, Mrs. DAVIS MCCOTTER, and Mr. BLUMENAUER. H. Res. 169: Ms. HARMAN.

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H. Res. 185: Ms. SCHWARTZ, Mr. BURTON of ‘‘(II) the request is approved in writing by ‘‘(ii) EXTENSIONS OF TIME.—The period es- Indiana, and Mr. WEINER. the Chairperson, in consultation with the tablished under subparagraph (B) for any in- Vice Chairpersons, of the Committee. vestigation of a covered transaction may be f ‘‘(iii) CONTINUING DISCUSSIONS.—The ap- extended with respect to any particular in- AMENDMENTS proval of a withdrawal request under clause vestigation by the President or by a rollcall (ii) shall not be construed as precluding any vote of at least 2/3 of the members of the Under clause 8 of rule XVIII, pro- party to the covered transaction from con- Committee involved in the investigation by posed amendments were submitted as tinuing informal discussions with the Com- the amount of time specified by the Presi- follows: mittee or any Committee member regarding dent or the Committee at the time of the ex- H.R. 556 possible resubmission for review pursuant to tension, not to exceed 45 days, as necessary this paragraph. to collect and fully evaluate information re- OFFERED BY: MR. BLUNT ‘‘(D) UNILATERAL INITIATION OF REVIEW.— lating to— AMENDMENT NO. 1: Strike all after the en- The President, the Committee, or any mem- ‘‘(I) the covered transaction or parties to acting clause and insert the following: ber of the Committee may move to initiate the transaction; and SECTION 1. SHORT TITLE. a review under subparagraph (A) of— ‘‘(II) any effect of the transaction that This Act may be cited as the ‘‘National Se- ‘‘(i) any covered transaction; could threaten to impair the national secu- curity Foreign Investment Reform and ‘‘(ii) any covered transaction that has pre- rity of the United States. viously been reviewed or investigated under Strengthened Transparency Act of 2007’’. ‘‘(3) APPROVAL OF CHAIRPERSON AND VICE this section, if any party to the transaction SEC. 2. UNITED STATES SECURITY IMPROVE- CHAIRPERSONS REQUIRED.— submitted false or misleading material infor- MENT AMENDMENTS; CLARIFICA- ‘‘(A) IN GENERAL.—A review or investiga- mation to the Committee in connection with TION OF REVIEW AND INVESTIGA- tion under this subsection of a covered trans- TION PROCESS. the review or investigation or omitted mate- action shall not be treated as final or com- Section 721 of the Defense Production Act rial information, including material docu- plete until the findings and the report result- of 1950 (50 U.S.C. App. 2170) is amended by ments, from information submitted to the striking subsections (a) and (b) and inserting Committee; or ing from such review or investigation are ap- the following new subsections: ‘‘(iii) any covered transaction that has pre- proved by a majority of the members of the Committee in a roll call vote and signed by ‘‘(a) DEFINITIONS.—For purposes of this sec- viously been reviewed or investigated under tion, the following definitions shall apply: this section, if any party to the transaction the Secretary of the Treasury, the Secretary ‘‘(1) COMMITTEE.—The term ‘Committee’ or the entity resulting from consummation of Homeland Security, and the Secretary of means the Committee on Foreign Invest- of the transaction intentionally materially Commerce (and such authority of each such ment in the United States. breaches a mitigation agreement or condi- Secretary may not be delegated to any per- ‘‘(2) CONTROL.—The term ‘control’ has the tion described in subsection (l)(1)(A), and— son other than the Deputy Secretary of the meaning given to such term in regulations ‘‘(I) such breach is certified by the lead de- Treasury, the Deputy Secretary of Homeland which the Committee shall prescribe. partment or agency monitoring and enforc- Security, or the Deputy Secretary of Com- ‘‘(3) COVERED TRANSACTION.—The term ing such agreement or condition as an inten- merce, respectively). ‘covered transaction’ means any merger, ac- tional material breach; and ‘‘(B) ADDITIONAL ACTION REQUIRED IN CER- quisition, or takeover by or with any foreign ‘‘(II) such department or agency certifies TAIN CASES.—In the case of any roll call vote person which could result in foreign control that there is no other remedy or enforce- pursuant to subparagraph (A) in connection of any person engaged in interstate com- ment tool available to address such breach. with an investigation under paragraph (2) of merce in the United States. ‘‘(E) TIMING.—Any review under this para- any foreign government-controlled trans- ‘‘(4) FOREIGN GOVERNMENT-CONTROLLED graph shall be completed before the end of action in which there is at least 1 vote by a TRANSACTION.—The term ‘foreign govern- the 30-day period beginning on the date of Committee member against approving the ment-controlled transaction’ means any cov- the receipt of written notice under subpara- transaction, the investigation shall not be ered transaction that could result in the con- graph (C) by the Chairperson of the Com- treated as final or complete until the find- trol of any person engaged in interstate com- mittee, or the date of the initiation of the ings and report resulting from such inves- merce in the United States by a foreign gov- review in accordance with a motion under tigation are signed by the President (in addi- ernment or an entity controlled by or acting subparagraph (D). tion to the Chairperson and the Vice Chair- on behalf of a foreign government. ‘‘(2) NATIONAL SECURITY INVESTIGATIONS.— persons of the Committee under subpara- ‘‘(5) CLARIFICATION.—The term ‘national se- ‘‘(A) IN GENERAL.—In each case in which— graph (A)). curity’ shall be construed so as to include ‘‘(i) a review of a covered transaction ‘‘(4) ANALYSIS BY DIRECTOR OF NATIONAL IN- those issues relating to ‘homeland security’, under paragraph (1) results in a determina- TELLIGENCE.— including its application to critical infra- tion that— ‘‘(A) IN GENERAL.—The Director of Na- structure. ‘‘(I) the transaction threatens to impair tional Intelligence shall expeditiously carry ‘‘(b) NATIONAL SECURITY REVIEWS AND IN- the national security of the United States out a thorough analysis of any threat to the VESTIGATIONS.— and that threat has not been mitigated dur- national security of the United States of any ‘‘(1) NATIONAL SECURITY REVIEWS.— ing or prior to the review of a covered trans- covered transaction, including making re- ‘‘(A) IN GENERAL.—Upon receiving written action under paragraph (1); or quests for information to the Director of the notification under subparagraph (C) of any ‘‘(II) the transaction is a foreign govern- Office of Foreign Assets Control within the covered transaction, or on a motion made ment-controlled transaction; Department of the Treasury and the Director under subparagraph (D) with respect to any ‘‘(ii) a roll call vote pursuant to paragraph of the Financial Crimes Enforcement Net- covered transaction, the President, acting (3)(A) in connection with a review under work. The Director of National Intelligence through the Committee, shall review the paragraph (1) of any covered transaction re- also shall seek and incorporate the views of covered transaction to determine the effects sults in at least 1 vote by a Committee mem- all affected or appropriate intelligence agen- on the national security of the United ber against approving the transaction; or cies. States. ‘‘(iii) the Director of National Intelligence ‘‘(B) 30-DAY MINIMUM.—The Director of Na- ‘‘(B) CONTROL BY FOREIGN GOVERNMENT.—If identifies particularly complex intelligence the Committee determines that the covered concerns that could threaten to impair the tional Intelligence shall be provided no less transaction is a foreign government-con- national security of the United States and than 30 days to complete the analysis re- trolled transaction, the Committee shall Committee members were not able to de- quired under subparagraph (A), except in any conduct an investigation of the transaction velop and agree upon measures to mitigate instance described in paragraph (2)(A)(iii). under paragraph (2). satisfactorily those threats during the ini- ‘‘(C) INDEPENDENT ROLE OF DIRECTOR.—The ‘‘(C) WRITTEN NOTICE.— tial review period under paragraph (1), Director of National Intelligence shall not be ‘‘(i) IN GENERAL.—Any party to any covered the President, acting through the Com- a member of the Committee and shall serve transaction may initiate a review of the mittee, shall immediately conduct an inves- no policy role with the Committee other transaction under this paragraph by submit- tigation of the effects of the transaction on than to provide analysis under subparagraph ting a written notice of the transaction to the national security of the United States (A) in connection with a covered transaction. the Chairperson of the Committee. and take any necessary actions in connec- ‘‘(5) RESUBMITTALS OF NOTICE AND REQUESTS ‘‘(ii) WITHDRAWAL OF NOTICE.—No covered tion with the transaction to protect the na- FOR ADDITIONAL REVIEW OR INVESTIGATION.— transaction for which a notice was submitted tional security of the United States. ‘‘(A) IN GENERAL.—No provision of this sub- under clause (i) may be withdrawn from re- ‘‘(B) TIMING.— section shall be construed as prohibiting any view unless— ‘‘(i) IN GENERAL.—Any investigation under party to a covered transaction from— ‘‘(I) a written request for such withdrawal subparagraph (A) shall be completed before ‘‘(i) submitting additional information is submitted by any party to the transaction; the end of the 45-day period beginning on the concerning the transaction, including any and date of the investigation commenced. proposed restructuring of the transaction or

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00127 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4770 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 any modifications to any agreements in con- of the transaction under investigation (or serting after subsection (k) (as amended by nection with the transaction, while any re- the designee of any such department or agen- section 3 of this Act) the following new sub- view or investigation of the transaction is cy head). section: on-going; or ‘‘(5) MEETINGS.—The Committee shall meet ‘‘(l) MITIGATION, TRACKING, AND ‘‘(ii) requesting a review or investigation upon the direction of the President or upon POSTCONSUMMATION MONITORING AND EN- of the transaction after any previous review the call of the Chairperson of the Committee FORCEMENT.— or investigation of the same or a similar without regard to section 552b of title 5, ‘‘(1) MITIGATION.— transaction has become final if information United States Code (if otherwise applicable). ‘‘(A) IN GENERAL.—The Committee or any material to the prior review or investigation ‘‘(6) COLLECTION OF EVIDENCE.—Subject to agency designated by the Chairperson and and not previously submitted to the Com- subsection (c), the Committee may, for the Vice Chairpersons may negotiate, enter into mittee becomes known or if any material purpose of carrying out this section— or impose, and enforce any agreement or change in circumstances to the covered ‘‘(A) sit and act at such times and places, condition with any party to a covered trans- transaction has occurred since the review or take such testimony, receive such evidence, action in order to mitigate any threat to the investigation. administer such oaths; and national security of the United States. ‘‘(B) APPROVAL OF REQUEST.—In the case of ‘‘(B) require the attendance and testimony ‘‘(B) RISK-BASED ANALYSIS REQUIRED.—Any a request referred to in subparagraph (A)(ii), of such witnesses and the production of such agreement entered into or condition imposed the Committee shall determine by consensus books, records, correspondence, memoranda, under subparagraph (A) shall be based on a whether to grant a request. papers, and documents as the Chairperson of risk-based analysis of the threat to national ‘‘(6) REGULATIONS.—Regulations prescribed the Committee may determine advisable. security of the covered transaction. under this section shall include standard ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) TRACKING AUTHORITY FOR WITHDRAWN procedures for— There are authorized to be appropriated to NOTICES.— ‘‘(A) submitting any notice of a proposed the Secretary of the Treasury for each of fis- ‘‘(A) IN GENERAL.—If any written notice of or pending covered transaction to the Com- cal years 2007, 2008, 2009, and 2010, expressly a covered transaction that was submitted to mittee; and solely for the operations of the Com- the Committee under this section is with- drawn before any review or investigation by ‘‘(B) submitting a request to withdraw a mittee that are conducted by the Secretary, the Committee under subsection (b) is com- proposed or pending covered transaction the sum of $10,000,000.’’. pleted, the Committee shall establish, as ap- from review; and (b) TECHNICAL AND CONFORMING AMEND- propriate— ‘‘(C) resubmitting a notice of proposed or MENT.—The first sentence of section 721(c) of ‘‘(i) interim protections to address specific pending covered transaction that was pre- the Defense Production Act of 1950 (50 U.S.C. concerns with such transaction that have viously withdrawn from review.’’. App. 2170(c)) is amended— (1) by striking ‘‘material filed with’’ and been raised in connection with any such re- SEC. 3. STATUTORY ESTABLISHMENT OF THE inserting ‘‘material, including proprietary view or investigation pending any resubmis- COMMITTEE ON FOREIGN INVEST- sion of any written notice under this section MENT IN THE UNITED STATES. business information, filed with, or testi- with respect to such transaction and further (a) IN GENERAL.—Section 721 of the Defense mony presented to,’’; and action by the President under this section; Production Act of 1950 (50 U.S.C. App. 2170) is (2) by striking ‘‘or documentary material’’ the second place such term appears and in- ‘‘(ii) specific timeframes for resubmitting amended by striking subsection (k) and in- any such written notice; and serting the following new subsection: serting ‘‘, documentary material, or testi- mony’’. ‘‘(iii) a process for tracking any actions ‘‘(k) COMMITTEE ON FOREIGN INVESTMENT IN that may be taken by any party to the trans- THE UNITED STATES.— SEC. 4. ADDITIONAL FACTORS REQUIRED TO BE CONSIDERED. action, in connection with the transaction, ‘‘(1) ESTABLISHMENT.—The Committee on Section 721(f) of the Defense Production before the notice referred to in clause (ii) is Foreign Investment in the United States es- resubmitted. tablished pursuant to Executive Order No. Act of 1950 (50 U.S.C. App. 2170(f)) is amend- ed— ‘‘(B) DESIGNATION OF AGENCY.—The Com- 11858 shall be a multi-agency committee to (1) in the matter preceding paragraph (1)— mittee may designate an appropriate Federal carry out this section and such other assign- (A) by striking ‘‘may’’ and inserting department or agency, other than any entity ments as the President may designate. ‘‘shall’’; and of the intelligence community (as defined in ‘‘(2) MEMBERSHIP.—The Committee shall be (B) by striking ‘‘among other factors’’; the National Security Act of 1947), as the comprised of the following members or the (2) by striking ‘‘and’’ at the end of para- lead agency to carry out the requirements of designee of any such member: graph (4); subparagraph (A) with respect to any cov- ‘‘(A) The Secretary of the Treasury. (3) by striking the period at the end of ered transaction that is subject to such sub- ‘‘(B) The Secretary of Homeland Security. paragraph (5) and inserting a semicolon; and paragraph. ‘‘(C) The Secretary of Commerce. (4) by adding at the end the following new ‘‘(3) NEGOTIATION, MODIFICATION, MONI- ‘‘(D) The Secretary of Defense. paragraphs: TORING, AND ENFORCEMENT.— ‘‘(E) The Secretary of State. ‘‘(6) whether the covered transaction has a ‘‘(A) DESIGNATION OF AGENCY.—The Com- ‘‘(F) The Attorney General. security-related impact on critical infra- mittee shall designate a Federal department ‘‘(G) The Secretary of Energy. structure in the United States; or agency as the lead agency to negotiate, ‘‘(H) The Chairman of the Council of Eco- ‘‘(7) whether the covered transaction is a modify, monitor, and enforce any agreement nomic Advisors. foreign government-controlled transaction; entered into or condition imposed under ‘‘(I) The United States Trade Representa- and paragraph (1) with respect to a covered tive. ‘‘(8) such other factors as the President or transaction based on the expertise with and ‘‘(J) The Director of the Office of Manage- knowledge of the issues related to such the President’s designee may determine to ment and Budget. transaction on the part of the designated de- be appropriate, generally or in connection ‘‘(K) The Director of the National Eco- partment or agency. with a specific review or investigation.’’. nomic Council. ‘‘(B) REPORTING BY DESIGNATED AGENCY.— SEC. 5. NONWAIVER OF SOVEREIGN IMMUNITY. ‘‘(L) The Director of the Office of Science ‘‘(i) IMPLEMENTATION REPORTS.—The Fed- Section 721(d) of the Defense Production and Technology Policy. eral department or agency designated by the Act of 1950 (50 U.S.C. App. 2170(d)) is amended ‘‘(M) The President’s Assistant for Na- Committee as a lead agency under subpara- by adding at the end the following new sen- tional Security Affairs. graph (A) in connection with any agreement tence: ‘‘The United States shall not be held ‘‘(N) Any other designee of the President entered into or condition imposed under liable for any losses or other expenses in- from the Executive Office of the President. paragraph (1) with respect to a covered curred by any party to a covered transaction ‘‘(3) CHAIRPERSON; VICE CHAIRPERSONS.— transaction shall— as a result of actions taken under this sec- The Secretary of the Treasury shall be the tion after a covered transaction has been ‘‘(I) provide periodic reports to the Chair- Chairperson of the Committee. The Sec- consummated if the party did not submit a person and Vice Chairpersons of the Com- retary of Homeland Security and the Sec- written notice of the transaction to the mittee on the implementation of such agree- retary of Commerce shall be the Vice Chair- Chairperson of the Committee under sub- ment or condition; and persons of the Committee. section (b)(1)(C) or did not wait until the ‘‘(II) require, as appropriate, any party to ‘‘(4) OTHER MEMBERS.—Subject to sub- completion of any review or investigation the covered transaction to report to the head section (b)(4)(B), the Chairperson of the Com- under subsection (b), or the end of the 15-day of such department or agency (or the des- mittee shall involve the heads of such other period referred to in this subsection, before ignee of such department or agency head) on Federal departments, agencies, and inde- consummating the transaction.’’. the implementation or any material change pendent establishments in any review or in- SEC. 6. MITIGATION, TRACKING, AND POST-CON- in circumstances. vestigation under subsection (b) as the SUMMATION MONITORING AND EN- ‘‘(ii) MODIFICATION REPORTS.—The Federal Chairperson, after consulting with the Vice FORCEMENT. department or agency designated by the Chairpersons, determines to be appropriate Section 721 of the Defense Production Act Committee as a lead agency under subpara- on the basis of the facts and circumstances of 1950 (50 U.S.C. App. 2170) is amended by in- graph (A) in connection with any agreement

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00128 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4771 entered into or condition imposed with re- shall be subject to the same limitations on ‘‘(i) An evaluation of whether there is cred- spect to a covered transaction shall— disclosure of information as are applicable ible evidence of a coordinated strategy by 1 ‘‘(I) provide periodic reports to the Chair- under such subsection. or more countries or companies to acquire person and Vice Chairpersons of the Com- ‘‘(B) PROPRIETARY INFORMATION.—Propri- United States companies involved in re- mittee on any modification to any such etary information which can be associated search, development, or production of crit- agreement or condition imposed with respect with a particular party to a covered trans- ical technologies for which the United States to the transaction; and action shall be furnished in accordance with is a leading producer. ‘‘(II) ensure that any significant modifica- subparagraph (A) only to a committee of the ‘‘(ii) An evaluation of whether there are in- tion to any such agreement or condition is Congress and only when the committee pro- dustrial espionage activities directed or di- reported to the Director of National Intel- vides assurances of confidentiality, unless rectly assisted by foreign governments ligence and to any other Federal department such party otherwise consents in writing to against private United States companies or agency that may have a material interest such disclosure.’’. aimed at obtaining commercial secrets re- (b) SEMI-ANNUAL REPORT.—Section 721 of in such modification.’’. lated to critical technologies. the Defense Production Act of 1950 (50 U.S.C. SEC. 7. INCREASED OVERSIGHT BY THE CON- ‘‘(B) CRITICAL TECHNOLOGIES DEFINED.—For GRESS. App. 2170) is amended by inserting after sub- section (l) (as added by section 6 of this Act) purposes of this paragraph, the term ‘critical (a) REPORT ON ACTIONS.—Section 721(g) of technologies’ means technologies identified the Defense Production Act of 1950 (50 U.S.C. the following new subsection: ‘‘(m) SEMI-ANNUAL REPORT TO THE CON- under title VI of the National Science and App. 2170) is amended to read as follows: GRESS.— Technology Policy, Organization, and Prior- ‘‘(g) REPORTS TO THE CONGRESS.— ‘‘(1) IN GENERAL.—The Chairperson of the ities Act of 1976 or other critical technology, ‘‘(1) REPORTS ON COMPLETED COMMITTEE IN- Committee shall transmit a report to the critical components, or critical technology VESTIGATIONS.— chairman and ranking member of each com- items essential to national defense or na- ‘‘(A) IN GENERAL.—Not later than 5 days mittee of the House of Representatives and tional security identified pursuant to this after the completion of a Committee inves- the Senate with jurisdiction over any aspect section. tigation of a covered transaction under sub- of the report, including the Committee on ‘‘(C) RELEASE OF UNCLASSIFIED STUDY.— section (b)(2), or, if the President indicates International Relations, the Committee on That portion of the semi-annual report under an intent to take any action authorized Financial Services, and the Committee on paragraph (1) that is required by this para- under subsection (d) with respect to the Energy and Commerce of the House of Rep- graph may be classified. An unclassified transaction, after the end of 15-day period re- resentatives, before January 31 and July 31 version of that portion of the report shall be ferred to in subsection (d), the Chairperson of each year on all the reviews and investiga- made available to the public.’’. or a Vice Chairperson of the Committee shall tions of covered transactions conducted (c) INVESTIGATION BY INSPECTOR GEN- submit a written report on the findings or under subsection (b) during the 6-month pe- actions of the Committee with respect to riod covered by the report. ERAL.— N GENERAL such investigation, the determination of ‘‘(2) CONTENTS OF REPORT RELATING TO COV- (1) I .—The Inspector General of whether or not to take action under sub- ERED TRANSACTIONS.—The report under para- the Department of the Treasury shall con- section (d), an explanation of the findings graph (1) shall contain the following infor- duct an independent investigation to deter- under subsection (e), and the factors consid- mation with respect to each covered trans- mine all of the facts and circumstances con- ered under subsection (f), with respect to action: cerning each failure of the Department of such transaction, to— ‘‘(A) A list of all notices filed and all re- the Treasury to make any report to the Con- ‘‘(i) the Majority Leader and the Minority views or investigations conducted during the gress that was required under section 721(k) Leader of the Senate; period with basic information on each party of the Defense Production Act of 1950 (as in ‘‘(ii) the Speaker and the Minority Leader to the transaction, the nature of the business effect before the date of the enactment of of the House of Representatives; and activities or products of all pertinent per- this Act). ‘‘(iii) the chairman and ranking member of sons, along with information about the sta- (2) REPORT TO THE CONGRESS.—Before the each committee of the House of Representa- tus of the review or investigation, informa- end of the 270-day period beginning on the tives and the Senate with jurisdiction over tion on any withdrawal from the process, date of the enactment of this Act, the In- any aspect of the covered transaction and its any rollcall votes by the Committee under spector General of the Department of the possible effects on national security, includ- this section, any extension of time for any Treasury shall submit a report to the chair- ing the Committee on International Rela- investigation, and any presidential decision man and ranking member of each committee tions, the Committee on Financial Services, or action under this section. of the House of Representatives and the Sen- and the Committee on Energy and Commerce ‘‘(B) Specific, cumulative, and, as appro- ate with jurisdiction over any aspect of the of the House of Representatives. priate, trend information on the numbers of report, including the Committee on Inter- ‘‘(B) NOTICE AND BRIEFING REQUIREMENT.—If filings, investigations, withdrawals, and national Relations, the Committee on Finan- a written request for a briefing on a covered presidential decisions or actions under this cial Services, and the Committee on Energy transaction is submitted to the Committee section. and Commerce of the House of Representa- by any Senator or Member of Congress who ‘‘(C) Cumulative and, as appropriate, trend tives, on the investigation under paragraph receives a report on the transaction under information on the business sectors involved (1) containing the findings and conclusions of subparagraph (A), the Chairperson or a Vice in the filings which have been made, and the the Inspector General. Chairperson (or such other person as the countries from which the investments have Chairperson or a Vice Chairperson may des- originated. (d) STUDY AND REPORT.— ignate) shall provide 1 classified briefing to ‘‘(D) Information on whether companies (1) STUDY REQUIRED.—Before the end of the each House of the Congress from which any that withdrew notices to the Committee in 120-day period beginning on the date of the such briefing request originates in a secure accordance with subsection (b)(1)(C)(ii) have enactment of this Act, the Secretary of the facility of appropriate size and location that later re-filed such notices, or, alternatively, Treasury, in consultation with the Secretary shall be open only to the Majority Leader abandoned the transaction. of State and the Secretary of Commerce, and the Minority Leader of the Senate, the ‘‘(E) The types of security arrangements shall conduct a study on investments in the Speaker and the Minority Leader of the and conditions the Committee has used to United States, especially investments in House of Representatives, (as the case may mitigate national security concerns about a critical infrastructure and industries affect- be) the chairman and ranking member of transaction. ing national security, by— each committee of the House of Representa- ‘‘(F) A detailed discussion of all perceived (A) foreign governments, entities con- tives or the Senate (as the case may be) with adverse effects of covered transactions on trolled by or acting on behalf of a foreign jurisdiction over any aspect of the covered the national security or critical infrastruc- government, or persons of foreign countries transaction and its possible effects on na- ture of the United States that the Com- which comply with any boycott of Israel; or tional security, including the Committee on mittee will take into account in its delibera- (B) foreign governments, entities con- International Relations, the Committee on tions during the period before delivery of the trolled by or acting on behalf of a foreign Financial Services, and the Committee on next such report, to the extent possible. government, or persons of foreign countries Energy and Commerce of the House of Rep- ‘‘(3) CONTENTS OF REPORT RELATING TO CRIT- which do not ban organizations designated resentatives, and appropriate staff members ICAL TECHNOLOGIES.— by the Secretary of State as foreign terrorist who have security clearance. ‘‘(A) IN GENERAL.—In order to assist the organizations. ‘‘(2) APPLICATION OF OTHER PROVISION.— Congress in its oversight responsibilities (2) REPORT.—Before the end of the 30-day ‘‘(A) IN GENERAL.—The disclosure of infor- with respect to this section, the President period beginning upon completion of the mation under this subsection shall be con- and such agencies as the President shall des- study under paragraph (1) or in the next sistent with the requirements of subsection ignate shall include in the semi-annual re- semi-annual report under section 721(m) of (c). Members of Congress and staff of either port submitted under paragraph (1) the fol- the Defense Production Act of 1950 (as added House or any committee of the Congress lowing: by subsection (b)), the Secretary of the

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Treasury shall submit a report to the Con- ‘‘(1) COMMITTEE.—The term ‘Committee’ this section, if any party to the transaction gress, for transmittal to all appropriate com- means the Committee on Foreign Invest- or the entity resulting from consummation mittees of the Senate and the House of Rep- ment in the United States. of the transaction intentionally materially resentatives, containing the findings and ‘‘(2) CONTROL.—The term ‘control’ has the breaches a mitigation agreement or condi- conclusions of the Secretary with respect to meaning given to such term in regulations tion described in subsection (l)(1)(A), and— the study, together with an analysis of the which the Committee shall prescribe. ‘‘(I) such breach is certified by the lead de- effects of such investment on the national ‘‘(3) COVERED TRANSACTION.—The term partment or agency monitoring and enforc- security of the United States and on any ef- ‘covered transaction’ means any merger, ac- ing such agreement or condition as an inten- forts to address those effects. quisition, or takeover by or with any foreign tional material breach; and SEC. 8. CERTIFICATION OF NOTICES AND ASSUR- person which could result in foreign control ‘‘(II) such department or agency certifies ANCES. of any person engaged in interstate com- that there is no other remedy or enforce- Section 721 of the Defense Production Act merce in the United States. ment tool available to address such breach. of 1950 (50 U.S.C. App. 2170) is amended by in- ‘‘(4) FOREIGN GOVERNMENT-CONTROLLED ‘‘(E) TIMING.—Any review under this para- serting after subsection (m) (as added by sec- TRANSACTION.—The term ‘foreign govern- graph shall be completed before the end of tion 7(b) of this Act) the following new sub- ment-controlled transaction’ means any cov- the 30-day period beginning on the date of section: ered transaction that could result in the con- the receipt of written notice under subpara- ‘‘(n) CERTIFICATION OF NOTICES AND ASSUR- trol of any person engaged in interstate com- graph (C) by the Chairperson of the Com- ANCES.—Each notice required to be sub- merce in the United States by a foreign gov- mittee, or the date of the initiation of the mitted, by a party to a covered transaction, ernment or an entity controlled by or acting review in accordance with a motion under to the President or the President’s designee on behalf of a foreign government. subparagraph (D). under this section and regulations prescribed ‘‘(5) CLARIFICATION.—The term ‘national se- ‘‘(F) LIMIT ON DELEGATION OF CERTAIN AU- under such section, and any information sub- curity’ shall be construed so as to include THORITY.—The authority of the Committee mitted by any such party in connection with those issues relating to ‘homeland security’, or any member of the Committee to initiate any action for which a report is required pur- including its application to critical infra- suant to paragraph (3)(B)(ii) of subsection (l) structure. a review under subparagraph (D) may not be delegated to any person other than the Dep- with respect to the implementation of any ‘‘(b) NATIONAL SECURITY REVIEWS AND IN- uty Secretary or an appropriate Under Sec- mitigation agreement or condition described VESTIGATIONS.— in paragraph (1)(A) of such subsection, or ‘‘(1) NATIONAL SECURITY REVIEWS.— retary of the department or agency rep- any material change in circumstances, shall ‘‘(A) IN GENERAL.—Upon receiving written resented on the committee or by such mem- be accompanied by a written statement by notification under subparagraph (C) of any ber (or by a person holding an equivalent po- the chief executive officer or the designee of covered transaction, or on a motion made sition to a Deputy Secretary or Under Sec- the person required to submit such notice or under subparagraph (D) with respect to any retary). information certifying that, to the best of covered transaction, the President, acting ‘‘(2) NATIONAL SECURITY INVESTIGATIONS.— the person’s knowledge and belief— through the Committee, shall review the ‘‘(A) IN GENERAL.—In each case in which— ‘‘(1) the notice or information submitted covered transaction to determine the effects ‘‘(i) a review of a covered transaction fully complies with the requirements of this of the transaction on the national security under paragraph (1) results in a determina- section or such regulation, agreement, or of the United States. tion that— condition; and ‘‘(B) CONTROL BY FOREIGN GOVERNMENT.—If ‘‘(I) the transaction threatens to impair ‘‘(2) the notice or information is accurate the Committee determines that the covered the national security of the United States and complete in all material respects.’’. transaction is a foreign government-con- and that threat has not been mitigated dur- SEC. 9. REGULATIONS. trolled transaction, the Committee shall ing or prior to the review of a covered trans- Section 721(h) of the Defense Production conduct an investigation of the transaction action under paragraph (1); or Act of 1950 (50 U.S.C. App. 2170(h)) is amend- under paragraph (2). ‘‘(II) the transaction is a foreign govern- ed to read as follows: ‘‘(C) WRITTEN NOTICE.— ment-controlled transaction; ‘‘(h) REGULATIONS.—The President shall di- ‘‘(i) IN GENERAL.—Any party to any covered ‘‘(ii) a roll call vote pursuant to paragraph rect the issuance of regulations to carry out transaction may initiate a review of the (3)(A) in connection with a review under this section. Such regulations shall, to the transaction under this paragraph by submit- paragraph (1) of any covered transaction re- extent possible, minimize paperwork burdens ting a written notice of the transaction to sults in at least 1 vote by a Committee mem- and shall to the extent possible coordinate the Chairperson of the Committee. ber against approving the transaction; or reporting requirements under this section ‘‘(ii) WITHDRAWAL OF NOTICE.—No covered ‘‘(iii) the Director of National Intelligence with reporting requirements under any other transaction for which a notice was submitted identifies particularly complex intelligence provision of Federal law.’’. under clause (i) may be withdrawn from re- concerns that could threaten to impair the SEC. 10. EFFECT ON OTHER LAW. view unless— national security of the United States and Section 721(i) of the Defense Production ‘‘(I) a written request for such withdrawal Committee members were not able to de- Act of 1950 (50 U.S.C. App. 2170(i)) is amended is submitted by any party to the transaction; velop and agree upon measures to mitigate to read as follows: and satisfactorily those threats during the ini- ‘‘(i) EFFECT ON OTHER LAW.—No provision ‘‘(II) the request is approved in writing by tial review period under paragraph (1), of this section shall be construed as altering the Chairperson, in consultation with the or affecting any other authority, process, Vice Chairpersons, of the Committee. the President, acting through the Com- regulation, investigation, enforcement meas- ‘‘(iii) CONTINUING DISCUSSIONS.—The ap- mittee, shall immediately conduct an inves- ure, or review provided by or established proval of a withdrawal request under clause tigation of the effects of the transaction on under any other provision of Federal law, in- (ii) shall not be construed as precluding any the national security of the United States cluding the International Emergency Eco- party to the covered transaction from con- and take any necessary actions in connec- nomic Powers Act, or any other authority of tinuing informal discussions with the Com- tion with the transaction to protect the na- the President or the Congress under the Con- mittee or any Committee member regarding tional security of the United States. stitution of the United States.’’. possible resubmission for review pursuant to ‘‘(B) TIMING.— H.R. 556 this paragraph. ‘‘(i) IN GENERAL.—Any investigation under OFFERED BY: MR. BLUNT ‘‘(D) UNILATERAL INITIATION OF REVIEW.— subparagraph (A) shall be completed before the end of the 45-day period beginning on the AMENDMENT NO. 2: Strike all after the en- Subject to subparagraph (F), the President, date of the investigation commenced. acting clause and insert the following: the Committee, or any member acting on be- half of the Committee may move to initiate ‘‘(ii) EXTENSIONS OF TIME.—The period es- SECTION 1. SHORT TITLE. tablished under subparagraph (B) for any in- This Act may be cited as the ‘‘National Se- a review under subparagraph (A) of— vestigation of a covered transaction may be curity Foreign Investment Reform and ‘‘(i) any covered transaction; extended with respect to any particular in- Strengthened Transparency Act of 2007’’. ‘‘(ii) any covered transaction that has pre- viously been reviewed or investigated under vestigation by the President or by a rollcall SEC. 2. UNITED STATES SECURITY IMPROVE- vote of at least 2/3 of the members of the MENT AMENDMENTS; CLARIFICA- this section, if any party to the transaction TION OF REVIEW AND INVESTIGA- submitted false or misleading material infor- Committee involved in the investigation by TION PROCESS. mation to the Committee in connection with the amount of time specified by the Presi- Section 721 of the Defense Production Act the review or investigation or omitted mate- dent or the Committee at the time of the ex- of 1950 (50 U.S.C. App. 2170) is amended by rial information, including material docu- tension, not to exceed 45 days, as necessary striking subsections (a), (b), and (c) and in- ments, from information submitted to the to collect and fully evaluate information re- serting the following new subsections: Committee; or lating to— ‘‘(a) DEFINITIONS.—For purposes of this sec- ‘‘(iii) any covered transaction that has pre- ‘‘(I) the covered transaction or parties to tion, the following definitions shall apply: viously been reviewed or investigated under the transaction; and

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00130 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4773 ‘‘(II) any effect of the transaction that Department of the Treasury and the Director ‘‘(J) The Director of the Office of Manage- could threaten to impair the national secu- of the Financial Crimes Enforcement Net- ment and Budget. rity of the United States. work. The Director of National Intelligence ‘‘(K) The Director of the National Eco- ‘‘(C) EXCEPTION.—Notwithstanding sub- also shall seek and incorporate the views of nomic Council. paragraph (A)(i)(II), an investigation of a all affected or appropriate intelligence agen- ‘‘(L) The Director of the Office of Science foreign government-controlled transaction cies. and Technology Policy. shall not be required under this paragraph if ‘‘(B) TIMING.—The Director of National In- ‘‘(M) The President’s Assistant for Na- the Secretary of the Treasury, the Secretary telligence shall be provided adequate time to tional Security Affairs. of Homeland Security, and the Secretary of complete the analysis required under sub- ‘‘(N) Any other designee of the President Commerce determine, on the basis of the re- paragraph (A), including any instance de- from the Executive Office of the President. view of the transaction under paragraph (1), scribed in paragraph (2)(A)(iii). ‘‘(3) CHAIRPERSON; VICE CHAIRPERSONS.— that the transaction will not affect the na- ‘‘(C) INDEPENDENT ROLE OF DIRECTOR.—The The Secretary of the Treasury shall be the tional security of the United States and no Director of National Intelligence shall not be Chairperson of the Committee. The Sec- agreement or condition is required, with re- a member of the Committee and shall serve retary of Homeland Security and the Sec- spect to the transaction, to mitigate any no policy role with the Committee other retary of Commerce shall be the Vice Chair- threat to the national security (and such au- than to provide analysis under subparagraph persons of the Committee. thority of each such Secretary may not be (A) in connection with a covered transaction. ‘‘(4) OTHER MEMBERS.—Subject to sub- delegated to any person other than the Dep- ‘‘(5) SUBMISSION OF ADDITIONAL INFORMA- section (b)(4)(B), the Chairperson of the Com- uty Secretary of the Treasury, of Homeland TION.—No provision of this subsection shall mittee shall involve the heads of such other Security, or of Commerce, respectively). be construed as prohibiting any party to a Federal departments, agencies, and inde- ‘‘(3) APPROVAL OF CHAIRPERSON AND VICE covered transaction from submitting addi- pendent establishments in any review or in- CHAIRPERSONS REQUIRED.— tional information concerning the trans- vestigation under subsection (b) as the ‘‘(A) IN GENERAL.—A review or investiga- action, including any proposed restructuring Chairperson, after consulting with the Vice tion under this subsection of a covered trans- of the transaction or any modifications to Chairpersons, determines to be appropriate action shall not be treated as final or com- any agreements in connection with the on the basis of the facts and circumstances plete until the results of such review or in- transaction, while any review or investiga- of the transaction under investigation (or vestigation are approved by a majority of tion of the transaction is on-going. the designee of any such department or agen- the members of the Committee in a roll call ‘‘(6) REGULATIONS.—Regulations prescribed cy head). vote and signed by the Secretary of the under this section shall include standard ‘‘(5) MEETINGS.—The Committee shall meet Treasury, the Secretary of Homeland Secu- procedures for— upon the direction of the President or upon rity, and the Secretary of Commerce (and ‘‘(A) submitting any notice of a proposed the call of the Chairperson of the Committee such authority of each such Secretary may or pending covered transaction to the Com- without regard to section 552b of title 5, not be delegated to any person other than mittee; United States Code (if otherwise applicable). the Deputy Secretary or an appropriate ‘‘(B) submitting a request to withdraw a ‘‘(6) COLLECTION OF EVIDENCE.—Subject to Under Secretary of the Treasury, of Home- proposed or pending covered transaction subsection (c), the Committee may, for the purpose of carrying out this section— land Security, or of Commerce, respec- from review; and ‘‘(A) sit and act at such times and places, tively). ‘‘(C) resubmitting a notice of proposed or take such testimony, receive such evidence, ‘‘(B) ADDITIONAL ACTION REQUIRED IN CER- pending covered transaction that was pre- administer such oaths; and TAIN CASES.—In the case of any roll call vote viously withdrawn from review. ‘‘(B) require the attendance and testimony pursuant to subparagraph (A) in connection ‘‘(c) CONFIDENTIALITY OF INFORMATION.— of such witnesses and the production of such with an investigation under paragraph (2) of Any information or documentary material, books, records, correspondence, memoranda, any foreign government-controlled trans- including proprietary business information, papers, and documents as the Chairperson of action in which there is at least 1 vote by a filed with, or testimony presented to, the the Committee may determine advisable. Committee member against approving the President or the President’s designee pursu- ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— transaction, the investigation shall not be ant to this section shall be exempt from dis- There are authorized to be appropriated to treated as final or complete until the find- closure under section 552 of title 5, United the Secretary of the Treasury for each of fis- ings and report resulting from such inves- States Code, and no such information, docu- cal years 2008, 2009, 2010, and 2011 expressly tigation are signed by the President (in addi- mentary material, or testimony may be and solely for the operations of the Com- tion to the Chairperson and the Vice Chair- made public, except as may be relevant to mittee that are conducted by the Secretary, persons of the Committee under subpara- any administrative or judicial action or pro- the sum of $10,000,000.’’. graph (A)). ceeding. Nothing in this subsection shall be SEC. 4. ADDITIONAL FACTORS REQUIRED TO BE ‘‘(C) PRESIDENTIAL ACTION REQUIRED IN CER- construed to prevent disclosure to either CONSIDERED. TAIN CASES.—In the case of any covered House of Congress or to any duly authorized Section 721(f) of the Defense Production transaction in which any party to the trans- committee or subcommittee of the Con- Act of 1950 (50 U.S.C. App. 2170(f)) is amend- action is— gress.’’. ed— ‘‘(i) a person of a country the government SEC. 3. STATUTORY ESTABLISHMENT OF THE (1) in the matter preceding paragraph (1)— of which the Secretary of State has deter- COMMITTEE ON FOREIGN INVEST- (A) by striking ‘‘may’’ and inserting mined, for purposes of section 6(j) of the Ex- MENT IN THE UNITED STATES. ‘‘shall’’; and port Administration Act of 1979 (as contin- Section 721 of the Defense Production Act (B) by striking ‘‘among other factors’’; ued in effect pursuant to the International of 1950 (50 U.S.C. App. 2170) is amended by (2) by striking ‘‘and’’ at the end of para- Emergency Economic Powers Act), section 40 striking subsection (k) and inserting the fol- graph (4); of the Arms Export Control Act, section 620A lowing new subsection: (3) by striking the period at the end of of the Foreign Assistance Act of 1961, or ‘‘(k) COMMITTEE ON FOREIGN INVESTMENT IN paragraph (5) and inserting a semicolon; and other provision of law, is a government that THE UNITED STATES.— (4) by adding at the end the following new has repeatedly provided support for acts of ‘‘(1) ESTABLISHMENT.—The Committee on paragraphs: international terrorism; Foreign Investment in the United States es- ‘‘(6) whether the covered transaction has a ‘‘(ii) a government described in clause (i); tablished pursuant to Executive Order No. security-related impact on critical infra- or 11858 shall be a multi-agency committee to structure in the United States; ‘‘(iii) person controlled, directly or indi- carry out this section and such other assign- ‘‘(7) whether the covered transaction is a rectly, by any such government, ments as the President may designate. foreign government-controlled transaction; a review or investigation under this sub- ‘‘(2) MEMBERSHIP.—The Committee shall be and section of such covered transaction shall not comprised of the following members or the ‘‘(8) such other factors as the President or be treated as final or complete until the re- designee of any such member: the President’s designee may determine to sults of such review or investigation are ap- ‘‘(A) The Secretary of the Treasury. be appropriate, generally or in connection proved and signed by the President. ‘‘(B) The Secretary of Homeland Security. with a specific review or investigation.’’. ‘‘(4) ANALYSIS BY DIRECTOR OF NATIONAL IN- ‘‘(C) The Secretary of Commerce. SEC. 5. NONWAIVER OF SOVEREIGN IMMUNITY. TELLIGENCE.— ‘‘(D) The Secretary of Defense. Section 721(d) of the Defense Production ‘‘(A) IN GENERAL.—The Director of Na- ‘‘(E) The Secretary of State. Act of 1950 (50 U.S.C. App. 2170(d)) is amended tional Intelligence shall expeditiously carry ‘‘(F) The Attorney General. by adding at the end the following new sen- out a thorough analysis of any threat to the ‘‘(G) The Secretary of Energy. tence: ‘‘The United States shall not be held national security of the United States of any ‘‘(H) The Chairman of the Council of Eco- liable for any losses or other expenses in- covered transaction, including making re- nomic Advisors. curred by any party to a covered transaction quests for information to the Director of the ‘‘(I) The United States Trade Representa- as a result of actions taken under this sec- Office of Foreign Assets Control within the tive. tion after a covered transaction has been

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00131 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4774 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 consummated if the party did not submit a graph (A) in connection with any agreement ing, at a minimum, the Committee on For- written notice of the transaction to the entered into or condition imposed under eign Affairs, the Committee on Financial Chairperson of the Committee under sub- paragraph (1) with respect to a covered Services, and the Committee on Energy and section (b)(1)(C) or did not wait until the transaction shall— Commerce of the House of Representatives. completion of any review or investigation ‘‘(I) report, as appropriate but not less ‘‘(B) NOTICE AND BRIEFING REQUIREMENT.—If under subsection (b), or the end of the 15-day than once in each 6-month period, to the a written request for a briefing on a covered period referred to in this subsection, before Chairperson and Vice Chairpersons of the transaction, or on compliance with a mitiga- consummating the transaction.’’. Committee on the implementation of such tion agreement or condition imposed with SEC. 6. MITIGATION, TRACKING, AND POST-CON- agreement or condition; and respect to such transaction, is submitted to SUMMATION MONITORING AND EN- ‘‘(II) require, as appropriate, any party to the Committee by any Senator or Member of FORCEMENT. the covered transaction to report to the head Congress who receives a report on the trans- Section 721 of the Defense Production Act of such department or agency (or the des- action under subparagraph (A), the Chair- of 1950 (50 U.S.C. App. 2170) is amended by in- ignee of such department or agency head) on person or a Vice Chairperson (or such other serting after subsection (k) (as amended by the implementation or any material change person as the Chairperson or a Vice Chair- section 3 of this Act) the following new sub- in circumstances. person may designate) shall provide 1 classi- section: ‘‘(ii) MODIFICATION REPORTS.—Any Federal fied briefing to each House of the Congress ‘‘(l) MITIGATION, TRACKING, AND department or agency designated by the from which any such briefing request origi- POSTCONSUMMATION MONITORING AND EN- Committee as a lead agency under subpara- nates in a secure facility of appropriate size FORCEMENT.— graph (A) in connection with any agreement and location that shall be open only to the ‘‘(1) MITIGATION.— entered into or condition imposed with re- Majority Leader and the Minority Leader of ‘‘(A) IN GENERAL.—The Committee or any spect to a covered transaction shall— the Senate, the Speaker and the Minority agency designated by the Chairperson and ‘‘(I) provide periodic reports to the Chair- Leader of the House of Representatives, (as Vice Chairpersons may, on behalf of the person and Vice Chairpersons of the Com- the case may be) the chairman and ranking Committee, negotiate, enter into or impose, mittee on any modification to any such member of each committee of the House of and enforce any agreement or condition with agreement or condition imposed with respect Representatives or the Senate (as the case any party to a covered transaction in order to the transaction; and may be) with jurisdiction over any aspect of to mitigate any threat to the national secu- ‘‘(II) ensure that any significant modifica- the covered transaction and its possible ef- rity of the United States that arises as a re- tion to any such agreement or condition is fects on national security, including, at a sult of the transaction. reported to the Director of National Intel- minimum, the Committee on Foreign Af- ‘‘(B) RISK-BASED ANALYSIS REQUIRED.—Any ligence and to any other Federal department fairs, the Committee on Financial Services, agreement entered into or condition imposed or agency that may have a material interest and the Committee on Energy and Commerce under subparagraph (A) shall be based on a in such modification. of the House of Representatives, and appro- priate staff members who have security risk-based analysis, conducted by the Com- ‘‘(iii) COMPLIANCE.—The Committee shall mittee, of the threat to national security of develop and agree upon methods for evalu- clearance. the covered transaction. ating compliance with any agreement en- ‘‘(2) APPLICATION OF OTHER PROVISION.— ‘‘(A) IN GENERAL.—The disclosure of infor- ‘‘(2) TRACKING AUTHORITY FOR WITHDRAWN tered into or condition imposed with respect mation under this subsection shall be con- NOTICES.— to a covered transaction that will allow the sistent with the requirements of subsection ‘‘(A) IN GENERAL.—If any written notice of Committee to adequately assure compliance (c). Members of Congress and staff of either a covered transaction that was submitted to without— House or any committee of the Congress the Committee under this section is with- ‘‘(I) unnecessarily diverting Committee re- shall be subject to the same limitations on drawn before any review or investigation by sources from assessing any new covered disclosure of information as are applicable the Committee under subsection (b) is com- transaction for which a written notice has under such subsection. pleted, the Committee shall establish, as ap- been filed pursuant to subsection (b)(1)(C), ‘‘(B) PROPRIETARY INFORMATION.—Propri- propriate— and if necessary reaching a mitigation agree- etary information which can be associated ‘‘(i) interim protections to address specific ment with or imposing a condition on a with a particular party to a covered trans- concerns with such transaction that have party to such covered transaction or any action shall be furnished in accordance with been raised in connection with any such re- covered transaction for which a review has subparagraph (A) only to a committee of the view or investigation pending any resubmis- been reopened for any reason; or Congress and only when the committee pro- sion of any written notice under this section ‘‘(II) placing unnecessary burdens on a vides assurances of confidentiality, unless with respect to such transaction and further party to a covered transaction.’’. such party otherwise consents in writing to action by the President under this section; SEC. 7. INCREASED OVERSIGHT BY THE CON- such disclosure.’’. ‘‘(ii) specific timeframes for resubmitting GRESS. (b) ANNUAL REPORT.—Section 721 of the De- any such written notice; and (a) REPORT ON ACTIONS.—Section 721(g) of fense Production Act of 1950 (50 U.S.C. App. ‘‘(iii) a process for tracking any actions the Defense Production Act of 1950 (50 U.S.C. 2170) is amended by inserting after sub- that may be taken by any party to the trans- App. 2170) is amended to read as follows: section (l) (as added by section 6 of this Act) action, in connection with the transaction, ‘‘(g) REPORTS TO THE CONGRESS.— the following new subsection: before the notice referred to in clause (ii) is ‘‘(1) REPORTS ON COMPLETED COMMITTEE IN- ‘‘(m) ANNUAL REPORT TO THE CONGRESS.— resubmitted. VESTIGATIONS.— ‘‘(1) IN GENERAL.—The Chairperson of the ‘‘(B) DESIGNATION OF AGENCY.—The Com- ‘‘(A) IN GENERAL.—Not later than 5 days Committee shall transmit a report to the mittee may designate 1 or more appropriate after the completion of a Committee inves- chairman and ranking member of each com- Federal departments or agencies, other than tigation of a covered transaction under sub- mittee of the House of Representatives and any entity of the intelligence community (as section (b)(2), or, if the President indicates the Senate with jurisdiction over any aspect defined in the National Security Act of 1947), an intent to take any action authorized of the report, including, at a minimum, the as a lead agency to carry out, on behalf of under subsection (d) with respect to the Committee on Foreign Affairs, the Com- the Committee, the requirements of subpara- transaction, after the end of 15-day period re- mittee on Financial Services, and the Com- graph (A) with respect to any covered trans- ferred to in subsection (d), the Chairperson mittee on Energy and Commerce of the action that is subject to such subparagraph. or a Vice Chairperson of the Committee shall House of Representatives, before July 31 of ‘‘(3) NEGOTIATION, MODIFICATION, MONI- submit a written report on the findings or each year on all the reviews and investiga- TORING, AND ENFORCEMENT.— actions of the Committee with respect to tions of covered transactions completed ‘‘(A) DESIGNATION OF AGENCY.—The Com- such investigation, the determination of under subsection (b) during the 12-month pe- mittee shall designate 1 or more Federal de- whether or not to take action under sub- riod covered by the report. partments or agencies as the lead agency to section (d), an explanation of the findings ‘‘(2) CONTENTS OF REPORT RELATING TO COV- negotiate, modify, monitor, and enforce, on under subsection (e), and the factors consid- ERED TRANSACTIONS.—The report under para- behalf of the Committee, any agreement en- ered under subsection (f), with respect to graph (1) shall contain the following infor- tered into or condition imposed under para- such transaction, to— mation with respect to each covered trans- graph (1) with respect to a covered trans- ‘‘(i) the Majority Leader and the Minority action: action based on the expertise with and Leader of the Senate; ‘‘(A) A list of all notices filed and all re- knowledge of the issues related to such ‘‘(ii) the Speaker and the Minority Leader views or investigations completed during the transaction on the part of the designated de- of the House of Representatives; and period with basic information on each party partment or agency. ‘‘(iii) the chairman and ranking member of to the transaction, the nature of the business ‘‘(B) REPORTING BY DESIGNATED AGENCY.— each committee of the House of Representa- activities or products of all pertinent per- ‘‘(i) IMPLEMENTATION REPORTS.—Each Fed- tives and the Senate with jurisdiction over sons, along with information about the sta- eral department or agency designated by the any aspect of the covered transaction and its tus of the review or investigation, informa- Committee as a lead agency under subpara- possible effects on national security, includ- tion on any withdrawal from the process,

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any rollcall votes by the Committee under government, or persons of foreign countries ‘‘(h) REGULATIONS.—The President shall di- this section, any extension of time for any which comply with any boycott of Israel; or rect the issuance of regulations to carry out investigation, and any presidential decision (B) foreign governments, entities con- this section. Such regulations shall, to the or action under this section. trolled by or acting on behalf of a foreign extent possible, minimize paperwork burdens ‘‘(B) Specific, cumulative, and, as appro- government, or persons of foreign countries and shall to the extent possible coordinate priate, trend information on the numbers of which do not ban organizations designated reporting requirements under this section filings, investigations, withdrawals, and by the Secretary of State as foreign terrorist with reporting requirements under any other presidential decisions or actions under this organizations. provision of Federal law.’’. section. (2) REPORT.—Before the end of the 30-day SEC. 10. EFFECT ON OTHER LAW. ‘‘(C) Cumulative and, as appropriate, trend period beginning upon completion of each Section 721(i) of the Defense Production information on the business sectors involved study under paragraph (1) or in the next an- Act of 1950 (50 U.S.C. App. 2170(i)) is amended in the filings which have been made, and the nual report under section 721(m) of the De- to read as follows: countries from which the investments have fense Production Act of 1950 (as added by ‘‘(i) EFFECT ON OTHER LAW.—No provision originated. subsection (b)), the Secretary of the Treas- of this section shall be construed as altering ‘‘(D) Information on whether companies ury shall submit a report to the Congress, for or affecting any other authority, process, that withdrew notices to the Committee in transmittal to all appropriate committees of regulation, investigation, enforcement meas- accordance with subsection (b)(1)(C)(ii) have the Senate and the House of Representatives, ure, or review provided by or established later re-filed such notices, or, alternatively, containing the findings and conclusions of under any other provision of Federal law, in- abandoned the transaction. the Secretary with respect to the study de- cluding the International Emergency Eco- ‘‘(E) The types of security arrangements scribed in paragraph (1), together with an nomic Powers Act, or any other authority of and conditions the Committee has used to analysis of the effects of such investment on the President or the Congress under the Con- mitigate national security concerns about a the national security of the United States stitution of the United States.’’. and on any efforts to address those effects. transaction, including a discussion of the SEC. 11. EFFECTIVE DATE. methods the Committee and any lead depart- (d) INVESTIGATION BY INSPECTOR GEN- ERAL.— The amendments made by this Act shall ments or agencies designated under sub- apply after the end of the 90-day period be- section (l) are using to determine compliance (1) IN GENERAL.—The Inspector General of the Department of the Treasury shall con- ginning on the date of the enactment of this with such arrangements or condition. Act. ‘‘(F) A detailed discussion of all perceived duct an independent investigation to deter- adverse effects of covered transactions on mine all of the facts and circumstances con- H.R. 556 the national security or critical infrastruc- cerning each failure of the Department of OFFERED BY MR. FRANK OF MASSACHUSETTS the Treasury to make any report to the Con- ture of the United States that the Com- AMENDMENT NO. 3: Page 20, line 12, insert ‘‘, mittee will take into account in its delibera- gress that was required under section 721(k) conducted by the Committee,’’ after ‘‘anal- tions during the period before delivery of the of the Defense Production Act of 1950 (as in ysis’’. next such report, to the extent possible. effect before the date of the enactment of Page 22, line 17, strike ‘‘provide periodic ‘‘(3) CONTENTS OF REPORT RELATING TO CRIT- this Act). reports’’ and insert ‘‘report, as appropriate ICAL TECHNOLOGIES.— (2) REPORT TO THE CONGRESS.—Before the but not less than once in each 6-month pe- ‘‘(A) IN GENERAL.—In order to assist the end of the 270-day period beginning on the riod,’’. Congress in its oversight responsibilities date of the enactment of this Act, the In- Page 23, line 23, strike the closing with respect to this section, the President spector General of the Department of the quotation marks and the 2nd period. and such agencies as the President shall des- Treasury shall submit a report to the chair- Page 23, after line 23, insert the following ignate shall include in the annual report sub- man and ranking member of each committee new clause: of the House of Representatives and the Sen- mitted under paragraph (1) the following: ‘‘(iii) COMPLIANCE.—The Committee shall ‘‘(i) An evaluation of whether there is cred- ate with jurisdiction over any aspect of the develop and agree upon methods for evalu- ible evidence of a coordinated strategy by 1 report, including, at a minimum, the Com- ating compliance with any agreement en- or more countries or companies to acquire mittee on Foreign Affairs, the Committee on tered into or condition imposed with respect United States companies involved in re- Financial Services, and the Committee on to a covered transaction that will allow the search, development, or production of crit- Energy and Commerce of the House of Rep- Committee to adequately assure compliance ical technologies for which the United States resentatives, on the investigation under without— is a leading producer. paragraph (1) containing the findings and ‘‘(I) unnecessarily diverting Committee re- ‘‘(ii) An evaluation of whether there are in- conclusions of the Inspector General. sources from assessing any new covered dustrial espionage activities directed or di- SEC. 8. CERTIFICATION OF NOTICES AND ASSUR- transaction for which a written notice has rectly assisted by foreign governments ANCES. been filed pursuant to subsection (b)(1)(C), Section 721 of the Defense Production Act against private United States companies and if necessary reaching a mitigation agree- of 1950 (50 U.S.C. App. 2170) is amended by in- aimed at obtaining commercial secrets re- ment with or imposing a condition on a serting after subsection (m) (as added by sec- lated to critical technologies. party to such covered transaction or any tion 7(b) of this Act) the following new sub- ‘‘(B) CRITICAL TECHNOLOGIES DEFINED.—For section: covered transaction for which a review has purposes of this paragraph, the term ‘critical ‘‘(n) CERTIFICATION OF NOTICES AND ASSUR- been reopened for any reason; or technologies’ means technologies identified ANCES.—Each notice required to be sub- ‘‘(II) placing unnecessary burdens on a under title VI of the National Science and mitted, by a party to a covered transaction, party to a covered transaction.’’. Technology Policy, Organization, and Prior- to the President or the President’s designee Page 25, line 6, insert ‘‘, at a minimum,’’ ities Act of 1976 or other critical technology, under this section and regulations prescribed after ‘‘including’’. critical components, or critical technology under such section, and any information sub- Page 25, line 12, insert ‘‘, or on compliance items essential to national defense or na- mitted by any such party in connection with with a mitigation agreement or condition tional security identified pursuant to this any action for which a report is required pur- imposed with respect to such transaction,’’ section. suant to paragraph (3)(B)(ii) of subsection (l) after ‘‘covered transaction’’. ‘‘(C) RELEASE OF UNCLASSIFIED STUDY.— with respect to the implementation of any Page 26, beginning on line 5, strike ‘‘the That portion of the annual report under mitigation agreement or condition described Committee on International Relations’’ and paragraph (1) that is required by this para- in paragraph (1)(A) of such subsection, or insert ‘‘, at a minimum, the Committee on graph may be classified. An unclassified any material change in circumstances, shall Foreign Affairs’’. version of that portion of the report shall be be accompanied by a written statement by Page 27, beginning on line 10, strike ‘‘the made available to the public.’’. the chief executive officer or the designee of Committee on International Relations’’ and (c) STUDY AND REPORT.— the person required to submit such notice or insert ‘‘, at a minimum, the Committee on (1) STUDY REQUIRED.—Before the end of the information certifying that, to the best of Foreign Affairs’’. 120-day period beginning on the date of the the person’s knowledge and belief— Page 28, line 23, insert ‘‘, including a dis- enactment of this Act and annually there- ‘‘(1) the notice or information submitted cussion of the methods the Committee and after, the Secretary of the Treasury, in con- fully complies with the requirements of this any lead departments or agencies designated sultation with the Secretary of State and section or such regulation, agreement, or under subsection (l) are using to determine the Secretary of Commerce, shall conduct a condition; and compliance with such arrangements or con- study on investments in the United States, ‘‘(2) the notice or information is accurate ditions’’ before the period. especially investments in critical infrastruc- and complete in all material respects.’’. Page 30, line 21, insert ‘‘and annually ture and industries affecting national secu- SEC. 9. REGULATIONS. thereafter’’ after ‘‘of this Act’’. rity, by— Section 721(h) of the Defense Production Page 31, line 13, strike ‘‘completion of the (A) foreign governments, entities con- Act of 1950 (50 U.S.C. App. 2170(h)) is amend- study’’ and insert ‘‘completion of each trolled by or acting on behalf of a foreign ed to read as follows: study’’.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00133 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4776 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 27, 2007 Page 31, line 21, insert ‘‘described in para- of investments originating from specific Page 14, after line 18, insert the following graph (1)’’ after ‘‘to the study’’. countries.’’. new paragraph: Page 31, after line 24, insert the following H.R. 556 ‘‘(7) NOTICE TO THE CONGRESS.— new subsection: OFFERED BY: MR. MCCAUL ‘‘(A) RECEIPT OF WRITTEN NOTIFICATION.— (d) INVESTIGATION BY INSPECTOR GEN- AMENDMENT NO. 6: Page 30, line 17, strike Before the end of the 5-day period beginning ERAL.— the closing quotation marks and the second on the day the Chairperson of the Committee (1) IN GENERAL.—The Inspector General of period. receives a written notice under paragraph the Department of the Treasury shall con- Page 30, after line 17, insert the following (1)(C) of a proposed covered transaction, the duct an independent investigation to deter- new paragraph: Chairperson shall provide notice of the re- mine all of the facts and circumstances con- ‘‘(4) CONTENTS OF REPORT RELATED TO BAR- ceipt of such written notice to the Members cerning each failure of the Department of RIERS TO INVESTMENT INTO THE UNITED of Congress referred to in subparagraph (D). the Treasury to make any report to the Con- STATES.—In order to assist the Congress in ‘‘(B) COMMENCEMENT OF INVESTIGATION.— gress that was required under section 721(k) its oversight role of ensuring the national se- Not later than 1 day after commencing an in- of the Defense Production Act of 1950 (as in curity of the United States by ensuring a vestigation under paragraph (2) of a covered effect before the date of the enactment of healthy investment climate, the President, transaction, the Chairperson shall provide this Act). and such agencies as the President shall des- notice of the investigation and relevant in- (2) REPORT TO THE CONGRESS.—Before the ignate, shall include in the annual report formation regarding the covered transaction, end of the 270-day period beginning on the submitted under paragraph (1) a detailed dis- including relevant ownership records, to the date of the enactment of this Act, the In- cussion of factors, including the amount of spector General of the Department of the Members of Congress referred to in subpara- burdensome regulation in the United States graph (D). Treasury shall submit a report to the chair- as compared to other countries, that affect man and ranking member of each committee ‘‘(C) ACCESS TO INVESTIGATIONS.—The the number of filings, changes in the types of Chairperson of the Committee shall— of the House of Representatives and the Sen- business sectors involved in filings, and ate with jurisdiction over any aspect of the ‘‘(i) provide responses in a timely manner changes in the number of investments origi- to any inquiries made by the Members of report, including, at a minimum, the Com- nating from specific countries.’’. mittee on Foreign Affairs, the Committee on Congress referred to in subparagraph (D) re- H.R. 556 Financial Services, and the Committee on garding an investigation; and Energy and Commerce of the House of Rep- OFFERED BY: MR. MCCAUL ‘‘(ii) notify such Members of Congress resentatives, on the investigation under AMENDMENT NO. 7: Page 30, line 17, strike promptly of the decision of the Committee paragraph (1) containing the findings and the closing quotation marks and the second upon completion of the investigation. conclusions of the Inspector General. period. ‘‘(D) MEMBERS OF CONGRESS.—The Members Page 30, after line 17, insert the following of Congress referred to in this paragraph are H.R. 556 new paragraph: as follows: OFFERED BY: MR. KING OF IOWA ‘‘(4) CONTENTS OF REPORT RELATED TO BAR- ‘‘(i) The Speaker and Minority Leader of AMENDMENT NO. 4: Page 18, after line 20, in- RIERS TO INVESTMENT INTO THE UNITED the House of Representatives. sert the following new paragraph (and redes- STATES.—In order to assist the Congress in ‘‘(ii) The Majority and Minority Leader of ignate subsequent paragraphs accordingly): its oversight role of ensuring the national se- the Senate. ‘‘(7) the potential effects of the covered curity of the United States by ensuring a ‘‘(iii) The Chairs and Ranking Members of transaction on the efforts of the United healthy investment climate, the President, the Committee on Financial Services, the States to curtail human smuggling (and such and such agencies as the President shall des- Committee on Homeland Security, the Com- term, for purposes of this paragraph, means ignate, shall include in the annual report mittee on Armed Services, the Committee on submitted under paragraph (1) a detailed dis- any act constituting a violation of section Energy and Commerce, the Committee on cussion of factors, including a detailed dis- 274(a) of the Immigration and Nationality Transportation and Infrastructure, and the Act) and to curtail drug smuggling with re- cussion, including trend information on the number of jobs in the United States related Permanent Select Committee on Intelligence gard to any country which is not described of the House of Representatives. in paragraphs (1) and (2) of section 1003(a) of to foreign investment resulting from covered transactions, that affect the number of fil- ‘‘(iv) The Chairs and Ranking Members of the Controlled Substances Import and Ex- the Committee on Finance, the Committee port Act.’’. ings, changes in the types of business sectors involved in filings, and changes in the num- on Homeland Security and Governmental Af- H.R. 556 ber of investments originating from specific fairs, the Committee on Armed Services, the OFFERED BY: MR. MCCAUL countries.’’. Committee on Commerce, Science, and AMENDMENT NO. 5: Page 30, line 17, strike H.R. 556 Transportation, and the Select Committee on Intelligence of the Senate. the closing quotation marks and the second OFFERED BY: MR. DAVIS OF KENTUCKY period. ‘‘(v) The Senators representing States and AMENDMENT NO. 8: Page 11, line 2, strike Page 30, after line 17, insert the following the Members of Congress representing dis- ‘‘in a rollcall vote’’. new paragraph: tricts affected by the proposed covered trans- H.R. 556 ‘‘(4) CONTENTS OF REPORT RELATED TO BAR- action.’’. RIERS TO INVESTMENT INTO THE UNITED OFFERED BY: MR. DAVIS OF KENTUCKY H.R. 556 STATES.—In order to assist the Congress in AMENDMENT NO. 9: Page 11, beginning on its oversight role of ensuring the national se- line 7, strike ‘‘or an appropriate Under Sec- OFFERED BY: MR. BARROW curity of the United States by ensuring a retary’’ and insert ‘‘or an appropriate Senate healthy investment climate, the President, confirmed official’’. AMENDMENT NO. 12: Page 24, line 26, strike and such agencies as the President shall des- H.R. 556 ‘‘and’’ after the semicolon. ignate, shall include in the annual report OFFERED BY: MR. DAVIS OF KENTUCKY Page 25, line 9, strike the period at the end submitted under paragraph (1) a detailed dis- AMENDMENT NO. 10: Page 28, line 3, strike and insert ‘‘; and’’. cussion of factors, including the effective ‘‘in a rollcall vote’’. rate of taxation on entrepreneurs and busi- Page 25, after line 9, insert the following nesses and other sources of capital in the H.R. 556 new clause: United States as compared to other coun- OFFERED BY: MR. BARROW ‘‘(iv) Senators representing States and tries, that affect the number of filings, AMENDMENT NO. 11: Page 14, line 18, strike Members of Congress representing congres- changes in the types of business sectors in- the closing quotation marks and the 2nd pe- sional districts that would be significantly volved in filings, and changes in the number riod. affected by the covered transaction.’’.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00134 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 4777 EXTENSIONS OF REMARKS

HONORING DR. XIAODONG WANG their outstanding efforts. They have certainly According to a February 21, 2007 article in made their families, their friends, and their the Jackson Citizen-Patriot, Manning took a HON. MICHAEL C. BURGESS community very proud. first-aid course through the American Red OF TEXAS I am honored to have such skilled athletes Cross in March of 1956 and began volun- and committed fans as part of my constituency IN THE HOUSE OF REPRESENTATIVES teering with the organization. and would once again like to congratulate the To this day, the dedicated mother of two, Tuesday, February 27, 2007 Maroons on this notable accomplishment. grandmother of four and great-grandmother of Mr. BURGESS. Madam Speaker, I rise f four hasn’t stopped. today to honor Dr. Xiaodong Wang, professor Though she has never actually donated RECOGNIZING WILL DAVID MORRIS of biochemistry at UT Southwestern Medical blood due to the Red Cross’ weight require- FOR ACHIEVING THE RANK OF Center, for his research on cell death. ment of 110 pounds, Alice has served the or- Dr. Wang has been awarded the 2007 Rich- EAGLE SCOUT ganization in various capacities for more than ard Lounsbery Award by the National Acad- 50 years. emy of Sciences for his extraordinary achieve- HON. SAM GRAVES One blood donation can save up to three ment in biology and medicine. This high honor OF MISSOURI lives, and Alice has been an integral part of includes a $50,000 award and a prestigious IN THE HOUSE OF REPRESENTATIVES American Red Cross’ efforts in the Jackson medal. As a Howard Hughes Medical Institute Tuesday, February 27, 2007 area. So we thank Alice Manning for going above investigator, Dr. Wang studies apoptosis, pro- Mr. GRAVES. Madam Speaker, I proudly and beyond the call of duty by working to save grammed cell death, which is applicable to nu- pause to recognize Will David Morris, a very lives in south-central Michigan through her merous diseases, including cancer. special young man who has exemplified the service to the American Red Cross Blood Last year, I honored Dr. Xiaodong Wang for finest qualities of citizenship and leadership by Center. being awarded the $1 million Shaw Prize in taking an active part in the Boy Scouts of Life Science and Medicine for his discovery of America, Troop 374, and in earning the most f the biochemical basis of programmed cell prestigious award of Eagle Scout. death which is a vital process that balances IN MEMORY OF ADJUTANT Will has been very active with his troop, par- GENERAL CHARLES M. KIEFNER cell birth and prevents cancer. His scientific ticipating in many Scout activities. Over the breakthrough marks a turning point in the his- years Will has been involved with Scouting, he tory of medicine and will indeed benefit the has not only earned numerous merit badges, HON. IKE SKELTON lives of millions around the world. but also the respect of his family, peers, and OF MISSOURI As a UT Southwestern Medical Center community. IN THE HOUSE OF REPRESENTATIVES alumnus, it is with great honor that I am able Will’s dedication to his school work and Tuesday, February 27, 2007 to congratulate Dr. Xiaodong Wang on his re- church are outstanding. Will works hard in Mr. SKELTON. Madam Speaker, it is with markable scientific achievement. His intel- school, while being an active member of the ligence and dedication to the field of science deep sadness that I inform the House of the Liberty United Methodist Church, where he death of Adjutant GEN Charles Kiefner. and medicine has proven him to be an out- plays guitar in ‘‘Decided,’’ the youth praise standing professor and mentor. Dr. Wang is General Kiefner was born on June 28, 1930, band, sings in the JAM youth choir and partici- in Cape Girardeau, MO. Upon completion of an inspiration and a role model to many, and pates in Sunday school and the evening youth I am proud to represent him in Congress. high school, he attended Westminster College. group. Will has also contributed significantly to Kiefner began his military career by enlisting f the community, by leading a group of Scouts, in the Missouri National Guard as a private in CONGRATULATING AUBURN HIGH friends, and adults in landscaping the Outdoor Company F, 140th Infantry Regiment. On Sep- SCHOOL ATHLETES Worship Center at Liberty United Methodist tember 11, 1950, he entered active duty with Church. Will and his crew planted more than Missouri’s 175th Military Police Battalion. HON. MICHAEL A. ARCURI a dozen low-maintenance bushes and shrubs. General Kiefner was commissioned a sec- Madam Speaker, I proudly ask you to join ond lieutenant, Infantry, on December 21, OF NEW YORK me in commending Will David Morris for his IN THE HOUSE OF REPRESENTATIVES 1951. He served as a platoon leader, com- accomplishments with the Boy Scouts of pany commander, battalion motor officer, bat- Tuesday, February 27, 2007 America and for his efforts put forth in achiev- talion S–2, brigade adjutant and S–3, execu- Mr. ARCURI. Madam Speaker, I would like ing the highest distinction of Eagle Scout. tive officer and logistics officer on the staff of to recognize the Auburn Maroons of Auburn f the adjutant general. High School for making history in winning the IN PRAISE OF JACKSON, MI General Kiefner was appointed adjutant Class AA New York State Football Champion- RESIDENT ALICE MANNING general by Governor Christopher ‘‘Kit’’ Bond ship on November 25, 2006—their first-ever on May 8, 1973, and would serve in this ca- Class AA State championship. HON. TIMOTHY WALBERG pacity until March 1977. As a member of the The athletes of Auburn High School in New U.S. Army Reserve he served as a liaison offi- OF MICHIGAN York’s 24th district and their coach, Dave cer to the U.S. Military Academy, West Point, IN THE HOUSE OF REPRESENTATIVES Moskov, proved their ability and dedication as from 1978 to 1980. He was re-appointed to they brought 10,000 fans to Syracuse Univer- Tuesday, February 27, 2007 lead the Missouri National Guard by Governor sity’s Carrier Dome, cheering them onto vic- Mr. WALBERG. Madam Speaker, the re- Bond in 1981 and Governor Ashcroft re-ap- tory. In the championship game, the Maroons nowned author William Shakespeare once pointed him in 1989. While serving in this po- defeated the Monroe-Woodbury Crusaders in wrote, ‘‘How far that little candle throws his sition, General Kiefner served as president of overtime by a score of 27–26. beams! So shines a good deed in a weary the National Guard Association of the United Having played football at Proctor High world.’’ States. School and later, at SUNY-Albany, I know how Madam Speaker, I rise today to pay tribute General Kiefner retired from the National much hard work and commitment goes into to Alice Manning, an 87-year-old resident of Guard in 1993 and was promoted to the grade developing a successful football team. I com- Jackson, MI, whose example has been a shin- of lieutenant general, Missouri National Guard mend these players and Coach Moskov for ing light to her community for over 50 years. Retired Listm, by Governor Mel Carnahan. His

● 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 Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00135 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4778 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 February 27, 2007 decorations and awards include: the Distin- IN RECOGNITION OF MIKE DE LA Telephone tax revenues, first collected in guished Service Medal, Legion of Merit with CRUZ 1898 to help finance the Spanish-American Oak Leaf Cluster, Meritorious Service Medal, War, are deposited in the General Fund. Un- Army Commendation Medal, Air Force Com- HON. DENNIS A. CARDOZA like other excise tax revenues, these revenues mendation Medal, Good Conduct Medal, Army OF CALIFORNIA are not deposited into a specific account such Reserve Components Achievement Medal, IN THE HOUSE OF REPRESENTATIVES as the Highway Trust Fund, which is made up Humanitarian Service Medal, Armed Forces of gas tax revenues. Additionally, other excise Reserve Medal, Department of Defense Identi- Tuesday, February 27, 2007 taxes serve the purpose of decreasing con- fication Badge, Ranger Tab, the NGB and Mr. CARDOZA. Madam Speaker, it is with sumption of the taxed product; the FET serves NGAUS Distinguished Service Medal, Missouri the greatest of pleasure that I rise today to no such purpose. A telephone is a necessity Meritorious Service Medal, Missouri Con- honor a renowned reporter from my district, for every American, and thus does not fit with spicuous Service Medal, Distinguished Service Mike De La Cruz, who retired from the Merced this list of ‘‘luxury’’ and other excise tax items. Medal: Indiana, Minnesota, and Tennessee; Sun Star on December 29, 2006 after more The FET is now regressive and dispropor- Minnesota Medal for Merit, 1992 Distinguished than 37 years on the beat. tionately burdens low-income, rural and lifeline Alumni-Award-Westminster College, Field Artil- Mike De La Cruz was the authority in and telephone subscribers who have only local lery Association Order of St. Barbara, Army around Merced on news relating to law en- telephone service. As more and more Ameri- Engineers Association Silver Order of the de forcement. He developed a great relationship cans buy bundled communication services, the Fleury Medal, and the Sons of the American with local authorities and earned the reputa- projected tax revenue collected from the FET Revolution Silver Good Citizenship Award. tion of being a knowledgable and ethical re- continues to decrease and only affect those Madam Speaker, General Kiefner was a val- porter. He chronicled Merced County’s crimi- with the least means to purchase more costly uable leader who was respected by everyone nals in a style that mixed straight news with a packages. CBO estimates that this tax will who knew him. I know the Members of the tone of mild bemusement at how people bring in $1.5 billion over the next 10 years. House will join me in extending heartfelt con- ended up on the wrong side of the law. This tax is contrary to the national goal of dolences to his wife Marilyn and his sons, Throughout his career, Mike has had his having an advanced, highly efficient, and low John and Keith. share of memorable moments such as the cost communications network to serve the time he broke his ankle jumping over a fence American people. Please help us hang up on f while attempting to cover a police raid on the telephone tax by joining us on this legisla- marijuana growers. Or the time he suffered a tion. IN REMEMBRANCE OF RONALD G. terrible sunburn after waiting for hours in an f JONILA orchard for deputies to bust a cock-fighting ring. Whatever the situation, Mike utilized his HONORING DR. JAMES WILSON extensive contacts to ensure his stories were HON. DENNIS J. KUCINICH accurate, and at the same time to assure the HON. MICHAEL C. BURGESS people of Merced that law enforcement was OF TEXAS OF OHIO looking out for them. Over the 37 years that IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES he put pen to paper, Mike always garnered re- Tuesday, February 27, 2007 spect for his balanced reporting. Tuesday, February 27, 2007 Madam Speaker, journalism in Merced will Mr. BURGESS. Madam Speaker, I rise today to honor Dr. James Wilson, director of Mr. KUCINICH. Madam Speaker, I rise never be the same without the quick witted and balanced reporting of Mike De La Cruz. the Harold C. Simmons Comprehensive Can- today in remembrance of Ronald G. Jonila, cer Center at UT Southwestern Medical Cen- and to celebrate his lifelong commitment to He will be missed by local law enforcement and the faithful readers of the Merced Sun ter. the American worker. As the president of the Dr. Wilson has recently been appointed to United Auto Worker’s Local 1005, Ron was an Star. I want to take this time to express my sincere thanks to Mike De La Cruz for his the National Cancer Institute’s board of sci- active proponent for worker’s rights and entific advisors due to his outstanding served his union with integrity and honor. many years of dedicated service and for all that he has done for our community. I certainly achievements in the field of medicine. As a For years, the American workforce has been hope his future is as colorful and rewarding as medical expert on the panel, he will be advis- confronted with numerous challenges from our his past. My fellow colleagues, I ask that you ing the NCI director on a variety of issues con- economy and our world. Through it all, Ron please rise to join me in honoring Mike De La cerning scientific program policy, as well as was a model of constancy, devoting all his ef- Cruz. the progress and future direction of extramural forts to protecting workers’ rights, fighting for f research programs of the cancer institute. As workforce protections, and ensuring that Local a UT Southwestern Medical Center alumnus, it 1005 thrived in an environment increasingly in- TELEPHONE FEDERAL EXCISE TAX is with great honor that I am able to congratu- hospitable to the American worker. REPEAL BILL INTRODUCTION late Dr. James Wilson on his prestigious ap- Ron never shied from a battle when his pointment. His intelligence and dedication to brothers and sisters of Local 1005 stood in HON. JOHN LEWIS the field of science and medicine has proven harm’s way. Whether the issue was jobs, OF GEORGIA him to be an outstanding professor and men- health care, pensions, or working conditions, IN THE HOUSE OF REPRESENTATIVES tor. Dr. Wilson is an inspiration and a role model to many, and I am proud to represent Ron always led the charge, and Local 1005 Tuesday, February 27, 2007 was well-served by his leadership. him in Congress. Mr. LEWIS of Georgia. Madam Speaker, I f Ron’s devotion to the labor movement was rise today with my colleagues, Representative exceeded in intensity and passion only by his JIM RAMSTAD, Representative RICK BOUCHER, IN RECOGNITION OF WILLIAM commitment to his family. Ron was a gen- and Representative GARY MILLER to introduce GRIFFEN erous and caring husband to Patricia; a loving the Telephone Excise Repeal Act of 2007. Our father to Anthony, Nicholas, Thomas and bill will repeal this 107-year-old tax that is out- HON. MICHAEL A. ARCURI Christopher; and the proud ‘‘Papa’’ of Jason dated and is only paid by Americans that can- OF NEW YORK and Thomas. not pay for expensive communications serv- IN THE HOUSE OF REPRESENTATIVES Madam Speaker and colleagues, please join ices. me in honoring the memory of Ron Jonila. On The telephone FET was introduced in 1898 Tuesday, February 27, 2007 February 20, 2007 we lost a wonderful hus- as a ‘‘luxury’’ tax to fund the Spanish Amer- Mr. ARCURI. Madam Speaker, I would like band, father, grandfather, friend and brother, ican War. While it may have made sense to recognize the truly honorable life of Mr. Wil- but his unwavering commitment to family as then, there is no question that telecommuni- liam Griffen of Tully, NY. Mr. Griffen was a well as the American workforce will serve as cation services today are necessities, not lux- student, an educator, an activist, a writer, a fa- a model for us all. uries. ther, a husband, a friend, a neighbor, and an

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00136 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 4779 inspiration. Mr. Griffen will be remembered for merous leadership positions, serving as Patrol Mr. Jim Hettinger for being named Scene the enthusiasm and sincerity he brought to his Leader and Scribe and is a member of the Magazine’s ‘‘Man of the Year.’’ work throughout his 78 years. Tribe of Mic-O-Say. f Mr. Griffen attended SUNY Cortland where For his Eagle Scout project, Michael built a he received his B.S. in Education and went on storage area and refurbished playground INTRODUCTION OF H. RES. 171, to attend Cornell University, earning his M.A. equipment at Crestview Elementary in Kansas HONORING THE LIFE OF THE and Ed.D. Mr. Griffen taught in Brentwood and City, MO. MARQUIS DE LAFAYETTE Marathon, NY, for several years before return- Madam Speaker, I proudly ask you to join ing to Cortland to become SUNY Cortland’s me in commending Michael Baharaeen for his HON. IKE SKELTON longest-tenured Professor of Education. A be- accomplishments with the Boy Scouts of OF MISSOURI loved institution, Mr. Griffen was also honored America and for his efforts put forth in achiev- IN THE HOUSE OF REPRESENTATIVES ing the highest distinction of Eagle Scout. as a distinguished alumnus of the university, Tuesday, February 27, 2007 ‘‘teaching for over 40 years and diligently f Mr. SKELTON. Madam Speaker, as a life- working for peace and social justice at the IN PRAISE OF SCENE MAGAZINE’S local, State, national and international levels.’’ long resident of Lafayette County, MO, it gives ‘‘MAN OF THE YEAR,’’ JIM me great pleasure to introduce H. Res. 171, a Mr. Griffen aspired to influence our country HETTINGER on many levels, running for Congress twice, in resolution honoring the life of the Marquis de 1968 and 1990. His extensive contribution Lafayette on the occasion of the 250th anni- through his writings has been seen in over 50 HON. TIMOTHY WALBERG versary of his birth. articles addressing war, technology, civil OF MICHIGAN Lafayette occupies a considerable place in rights, and revolution. Additionally, he coau- IN THE HOUSE OF REPRESENTATIVES the history of the United States. More than thored the book of Lessons of the Vietnam Tuesday, February 27, 2007 any one person, he symbolizes the assistance War—A Critical Examination of School Texts Mr. WALBERG. Madam Speaker, Jim American colonists received from Europe in and an Interpretive Comparative History Uti- Hettinger, a constituent of mine from Battle the struggle for independence from Great Brit- lizing the Pentagon Papers and Other Docu- Creek, MI, will be recognized as Scene Maga- ain. ments. During the Vietnam War, he was re- zine’s ‘‘Man of the Year’’ this Thursday. Mr. Lafayette was a man of considerable mili- sponsible for starting the Cortland Citizens for Hettinger is receiving this honor for his work in tary skill who sympathized with American rev- Peace organization and went on to become and around the community of Battle Creek olutionary fighters. After withdrawing from the very active in the anti-war movement. Mr. over the past three decades. French army and traveling across the ocean at Griffen’s dedication to activism also led him to Mr. Hettinger’s work has spanned all areas his own expense, the Congress voted Lafay- Mississippi and Tennessee with the historic, of community service; from education to eco- ette the rank and commission of major general pioneering freedom riders, where he worked to nomic development to the arts to food banks in the Continental Army. His military service register minority voters so they could have a to health care. Jim Hettinger has touched during the Revolutionary War was invaluable voice in government. many lives in his community. to GEN George Washington, earning him the Even in his later days, Mr. Griffen continued In 1978, Mr. Hettinger was named president title of ‘‘the soldier’s friend.’’ Lafayette’s stra- his spirit of activism, helping the American of Battle Creek Unlimited, an organization. tegic thinking and dedication as a general offi- Cancer Society by participating in a new pro- which brings together government, non-profit cer serve as a model for present day military gram for people diagnosed with prostate can- and business groups for the sole purpose of personnel. cer. He trained volunteers in upstate New furthering the development of the economy of After achieving military victory, Lafayette re- York to counsel cancer patients and served on Battle Creek and Calhoun County. turned to France, helping the U.S. to secure the speakers’ bureau at the Syracuse Man-to- Highlights of Mr. Hettinger’s leadership of trade agreements and critical loans with Euro- Man Cancer Support Group. Battle Creek Unlimited include saving the Fed- pean nations. He also became a prominent Many say that Mr. Griffen was truly a ren- eral Center in Battle Creek in 1993, the addi- figure in the French Revolution, speaking out aissance man, with interests in baseball, jazz, tion of Duncan Aviation and Western Michigan in support of universal freedom and human nature, photography, and the environment. He College of Aviation and the establishment of rights. and his wife, Judy, had three children: Mark, the West Michigan Aviation Research Founda- Because of Lafayette’s commitment to Kimberly, and Amy. tion. As the article in Scene Magazine hon- America, Congress honored him with awards William Griffen gave his heart and soul to oring Mr. Hettinger states, ‘‘the Research of money and land. Congress was also pre- improve the lives of the people he touched. Foundation will help to promote economic de- sented a life-size portrait of Lafayette that His contributions and his sacrifices will live on velopment and attract research dollars to this hangs in the Chamber of the U.S. House of for generations in upstate New York and community.’’ Representatives. The portrait is one of only around our great country. Thank you, Mr. Mr. Hettinger is probably best known for his two in the House Chamber. The other is of Griffen. efforts and foresight in transforming Fort Cus- President George Washington, Lafayette’s f ter, which was an abandoned military training closest friend and role model. base, into the 3,000-acre Fort Custer Industrial At the invitation of President James Monroe, TRIBUTE TO MICHAEL Park, the largest modem industrial park in Lafayette returned to the United States in BAHARAEEN FOR THE AWARD Michigan. Today, the industrial park has over 1824 and 1825. He embarked upon a trium- OF EAGLE SCOUT 90 companies and employs thousands of good phant tour, during which he visited 25 States, paying, high-skilled jobs. including Missouri, and he became the first HON. SAM GRAVES This is not the first award for Mr. Hettinger foreign dignitary to address a joint session of OF MISSOURI as he has been rightfully showered with praise Congress. During this visit and thereafter, var- IN THE HOUSE OF REPRESENTATIVES for his commitment to the Calhoun County ious American leaders honored Lafayette by community. Mr. Hettinger received Governor naming many cities, towns, and counties for Tuesday, February 27, 2007 Engler’s first Economic Developer of the Year him. Lafayette County, MO, which is my Mr. GRAVES. Madam Speaker, I proudly award in 1995. He received Certificates of home, is named for Lafayette. pause to recognize Michael Baharaeen, a very Recognition for Community Service from As we take a moment this year to honor the special young man who has exemplified the Presidents Bill Clinton and George W. Bush in Marquis de Lafayette on the occasion of his finest qualities of citizenship and leadership by 1999 and 2001 respectively. Mr. Hettinger’s 250th birthday, let us remember how he taking an active part in the Boy Scouts of community service endeavors are too expan- helped secure American independence and America, Troop 354, and by earning the most sive to list here today, and his work is best helped establish the United States as an inter- prestigious award of Eagle Scout. displayed by the tremendous number of lives national presence. The values of democracy Michael has been very active with his troop, he has touched throughout his career in Battle espoused by our Founding Fathers and by La- participating in many scout activities. Over the Creek. fayette have been the bedrock of U.S. domes- years, Michael has been involved in scouting, I extend my sincere appreciation and offer tic and international policymaking for genera- he has earned 39 merit badges and held nu- the congratulations of the U.S. Congress to tions.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00137 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4780 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 February 27, 2007 I urge all Americans and especially those in cessful dairymen in the country. He was the Livingston Community Health Center, Mercy the military to study Lafayette as America youngest of three boys to parents Joseph Sr. Medical Center Merced, St. Jude’s Catholic pays tribute to him. and Susie Gallo who moved to California from School and Emanuel Hospital Chairman’s f the Piedmont region of northern Italy. At a Club of Turlock. He was also a major contrib- young age, Joe moved to Modesto, California utor to the Veteran’s Memorial Wall in Wash- IN REMEMBRANCE OF REVEREND with his family, and attended Franklin Gram- ington, DC, in memory of his son Peter. Jo- ROBERT DRINAN mar School. In 1937, Joseph graduated from seph’s legacy will also be memorialized in the Modesto High School and began his studies at Joseph Edward Gallo Recreation and HON. DENNIS J. KUCINICH Modesto Junior College. He then enlisted in Wellness Center at the University of California, OF OHIO the U.S. Army Air Corps during World War II Merced, after his son Michael and daughter IN THE HOUSE OF REPRESENTATIVES and served in the Philippine Islands and Linda donated funds to its construction in their Korea. In 1945, one year before he left the Tuesday, February 27, 2007 father’s name. Army Joseph married Mary Ann Arata of Mo- Joseph Gallo is survived by his wife of 41 Mr. KUCINICH. Madam Speaker, I rise desto and together they had three children: years, Patricia; his son Michael and wife Lori; today in honor of Reverend Robert Drinan. Fa- Peter Joseph, Michael David and Linda Ann. his daughter Linda and husband Kenny ther Drinan was a great humanitarian that The family suffered a great loss in 1968 when Jelacich; his stepson Sam Gardali and wife showed the world that being a servant of the 1st Lt. Peter Gallo was killed in action in Viet- Kay; and six grandchildren. He was preceded people was not a conflict of interest when nam. Michael and Linda are partners in the in death by his son Peter, and his brother, serving the Lord. Gallo business and farming enterprises, Mi- Julio Gallo. He is also survived by his brother Father Robert Drinan effortlessly assimilated chael serving as CEO since his father’s retire- Ernest Gallo. Madam Speaker, it is my distinct pious servitude with politics, showing that the ment and Linda’s husband Kenny is Ranch honor and privilege to join our community and purpose of both was oftentimes the same. He Operations Manager for the firm. the Gallo family in honoring the life and legacy was an active and prominent voice when it When Joseph returned home from the serv- of Mr. Joseph Edward Gallo. We lost a pio- came to civil rights, and as the Dean of Bos- ice, he became the ranch manager for his neer, a community leader and a dear friend in ton College Law School he called for and sup- brothers’ grape-growing operation, E&J Gallo his passing. ported desegregation. He also challenged the Vineyards in Livingston. In 1966 Joseph mar- f students of Boston College Law School to be ried Patricia Morgan-Gardali of Modesto. Patri- active in the civil rights movement. cia and her nine year old son, Sam Gardali, INTRODUCTION OF THE KIDNEY Father Drinan was the first Roman Catholic joined the family, making their home in Living- CARE QUALITY AND EDUCATION priest to be elected to Congress. In 1970, Fa- ston. During the 20 years he worked for his ACT ther Drinan ran for Congress on an anti-war brothers’ operation, he was also developing platform after a visit to South Vietnam, where his own vineyard and cattle business. Joseph HON. JOHN LEWIS he discovered that the number of political pris- eventually accumulated 4,000 acres of vine- OF GEORGIA oners was increasing despite claims from the yards, at one time becoming one of Califor- IN THE HOUSE OF REPRESENTATIVES State Department. He later urged the Catholic nia’s largest wine grape growers. In the years Tuesday, February 27, 2007 Church to condemn war as ‘‘morally objection- following, his interest in livestock developed able.’’ Father Drinan continued to serve faith- and in 1979 Joseph built his first diary with Mr. LEWIS of Georgia. Madam Speaker, I fully as he represented the constituents of 4,000 milking cows. Four more diaries would rise in support of the Kidney Care Quality and Massachusetts in the House of Representa- follow as did the founding of the Joseph Gallo Education Act that I am proud to introduce tives for ten years. Diary & Cheese Co. in 1982. In the 25 years today with my colleague from Michigan, Mr. His attention was not reserved to Vietnam since, Joseph’s business has flourished and in CAMP. This comprehensive legislation will help or civil rights. Father Drinan also was an out- addition to becoming a successful agricultural educate Americans about how to prevent and spoken advocate for the underprivileged and, organization, it has become a leader in pro- delay the onset of kidney disease and ensure after leaving his Congressional office in 1980, tecting the environment and public health for high quality care for patients with irreversible he maintained his commitment to the poor and this and future generations. I remember as a kidney failure. the marginalized. He served as the president child always hearing my father talk about what More than 400,000 Americans have kidney for Americans for Democratic Action, and trav- an amazing farmer Joe Gallo was and how failure, which is also known as End Stage eled the country giving speeches on hunger impressed he was with how the Gallo oper- Renal Disease (ESRD). The only treatment and the dangers of the arms race. ation had skillfully grown from a small ranch to available to these patients is a kidney trans- Madam Speaker and colleagues, please join one of the nation’s most successful dairyman plant or renal dialysis. Because there are so me in honoring the memory of Reverend Rob- and cheese producers. His success was truly few kidneys available for transplantation, most ert Drinan, whose fierce devotion to the most phenomenal and reflective of Joe’s commit- dialysis patients must undergo 3-hour treat- vulnerable among us serves as a model for all ment, hard work and dedication to his busi- ment sessions three to four times per week. of us who continue to serve those in need. ness. Diabetes and hypertension are two of the f The Joseph Gallo Farms tradition and com- leading causes of kidney disease. We con- mitment to balancing success with environ- tinue to see the numbers of Americans with IN RECOGNITION OF JOSEPH mental responsibility is unmatched and has these conditions rise, and as a result, we will EDWARD GALLO set the standard for farming operations across continue to see more Americans suffering the country. Joseph Gallo will be remembered from chronic kidney disease. Statistics show HON. DENNIS A. CARDOZA as one of the early pioneers in using methane that African Americans are particularly at risk OF CALIFORNIA from manure as a source of electricity. He has for kidney disease and kidney failure. They IN THE HOUSE OF REPRESENTATIVES been recognized by the U.S. Environmental make up more than one third of all patients on Protection Agency, and was most recently dialysis in this country. Most alarming, the Tuesday, February 27, 2007 named the International Dairy Foods Associa- growth rate of kidney failure among African Mr. CARDOZA. Madam Speaker, it is with tion’s Innovative Dairy Farmer of the Year. Jo- Americans age 30 to 39 has risen 26 percent the greatest respect and sincerity that I rise seph’s interest in environmentally conscious since 2000 and it shows no signs of stopping. today to honor an exceptional community farming had much to do with his love of the African Americans have a higher risk of devel- leader, the late Mr. Joseph Edward Gallo. Mr. outdoors, especially hunting, fishing and trav- oping the conditions that lead to kidney failure. Gallo, a prominent Merced County rancher, eling. His work has truly helped shape the fu- For example, the American Heart Association dairyman and cheese producer, died February ture of environmentally-friendly farming and reports that more than 40 percent of African 17, 2007 at his home in Livingston, California will forever be admired and remembered for Americans have hypertension. African Ameri- at the age of 87. his ingenuity. cans with diabetes experience kidney failure Joseph Gallo started life as an immigrant’s Throughout his life, Joseph has supported about four times more often than white Ameri- son on September 11, 1919 in Antioch, Cali- and been involved with countless community cans with diabetes. In addition, African Ameri- fornia, and ended it as one of the most suc- organizations and foundations including the cans are less likely to receive treatment in the

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00138 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 4781 early stages of the disease or to learn about BROWARD COUNTY VETERANS tically helped to enhance the business climate how they can slow the progress of kidney dis- COUNCIL RESOLUTION ON IRAQ in our rural part of the State. His involvement ease. was essential to making essential city im- The Kidney Care Quality and Education Act HON. RON KLEIN provements, especially the new city water will help address these issues by improving plant and the new wastewater lagoon, impor- OF FLORIDA public awareness about kidney disease and tant parts of Charleston’s water infrastructure. IN THE HOUSE OF REPRESENTATIVES improving access to quality care. The impor- However, I cannot sum up Dave Brewer’s Tuesday, February 27, 2007 tance of educating our citizens about kidney importance to the city and the region simply disease cannot be understated. The Kidney Mr. KLEIN of Florida. Madam Speaker, I by enumerating his many accomplishments. Care Quality and Education Act will provide submit the following resolution on Iraq by the Doing so would not adequately describe Mr. funding to establish critical educational pro- Broward County Veterans Council passed on Brewer’s dedication to his job and to the peo- grams to increase public awareness about kid- January 16, 2007. ple he serves. Whether it was his open door ney disease treatment and prevention. These Whereas: The President of the United policy at work or his commitment to solving programs will also help people already suf- States has put forth a plan to the American problems in a fair and equitable way, Mr. fering from chronic kidney disease and kidney people and to Congress which calls for an es- Brewer took his service seriously. With a con- failure, by providing important self-manage- calation of 20,000 or more of our troops going centration on the future, Mr. Brewer volun- ment skills that will improve their quality of life to Iraq to combat the insurrection in the teered his time to a number of boards and Bagdad and Anbar provinces. and help them continue their normal activities, community groups. Always, Mr. Brewer thinks Whereas: The majority in Congress has put such as working. This legislation also takes about how good planning and full use of the steps to improve the quality of kidney care by forth several plans that do not include esca- lation of combat troops. resources available to a small community can creating a 3-year Continuous Quality Improve- Whereas: The General Election of Nov. 7th be best used to the benefit of all our citizens, ment Initiative within the Medicare ESRD Pro- showed that the American people voted for a present and future. gram. new direction in Iraq and Afghanistan. Mr. Brewer’s retirement will leave a tremen- I urge my colleagues to join me in sup- Whereas: The Administration has tried dous challenge for the city of Charleston to re- porting this important legislation, which also four times to escalate the war with the addi- has the support of all sectors of the kidney tional troops in Iraq, all to no avail in stop- place his expertise, his skill, and devotion to care community. We should maintain our com- ping the bloodshed among the Sunnis and his work. Fortunately for us all, Dave Brewer mitment to Americans with kidney failure by the Shites. has left us with an excellent head start for our improving the quality of care for these patients Therefore: The Broward County Veterans future. I wish him the best of luck in his retire- Council, believes that the best plan is to ment and thank him for his generous years of and help slow the occurrence of chronic kid- bring our troops home now, in a phased rede- ney disease and kidney failure. service to our communities, our State, and our ployment, and start redeploying our combat Nation. troops to the outer borders of Iraq and into f Kuwait. Let’s get them out of harm’s way, CONGRATULATING MR. PAT LOBB without our troops getting involved in a f bloody civil war, expedite the training of Iraqi military and police forces and let the TRIBUTE TO THE UNIVERSITY OF HON. MICHAEL C. BURGESS Iraqis settle their differences among them- NEW MEXICO COLLEGE OF EDU- OF TEXAS selves. At the same time bring all the re- CATION gional Arab nations to a summit meeting to IN THE HOUSE OF REPRESENTATIVES discuss a final political settlement as rec- Tuesday, February 27, 2007 ommended by the Iraq Study Group. Bill Kling, Chairman, Broward County Vet- HON. HEATHER WILSON Mr. BURGESS. Madam Speaker, I rise eran Council. OF NEW MEXICO today to congratulate Mr. Pat Lobb for being This resolution was passed by the BCVC recognized as having an environmentally members present at the meetings and does IN THE HOUSE OF REPRESENTATIVES not necessarily reflect the views of the Na- friendly car dealership. Tuesday, February 27, 2007 Mr. Pat Lobb’s dealership, Pat Lobb Toyota tional Veteran organizations. and Scion, was recently recognized by the Na- f Mrs. Wilson of New Mexico. Madam Speak- tional Automobile Dealers Association as a er, I rise today to congratulate to the Univer- TRIBUTE TO DAVID BREWER certified Leadership of Energy and Environ- sity of New Mexico College of Education. mental Design facility. The dealership is of a This past January the UNM College of Edu- unique design, having exterior panels made of HON. JO ANN EMERSON cation was ranked 8th in the national Faculty recycled aluminum, a cistern that captures and OF MISSOURI Scholarly Productivity by Academic Analytics, reuses rainwater and condensation, and a IN THE HOUSE OF REPRESENTATIVES for its teacher education and professional de- special membrane roof. Although the facility Tuesday, February 27, 2007 velopment programs. The college has also cost 5 to 7 percent more than a conventional won nine national awards for their outstanding dealership, Mr. Lobb intends to recover the Mrs. EMERSON. Madam Speaker, I rise quality and graduates 400 new teachers a difference in 3 to 5 years from energy and today to honor the accomplishments and con- year. The creation of the Institution of Profes- water savings. tributions of David Brewer to the city of sional Development, through the College of Having recently built a new eco-friendly Charleston, MO, in the Eighth Congressional Education, encourages greater teacher quality home, I have witnessed first hand the benefits District. Mr. Brewer is retiring from his position for New Mexico teachers. of planning to construct environmentally friend- as city manager, a post which he has held for ly businesses. I certainly hope that Mr. Lobb’s the last 10 years. I have personally known The College of Education provides a unique decision encourages others to follow in his David for 25 years as a farmer, levee board education. The college has six American In- footsteps. president, a banker and then as city manager dian tenured or tenure-track faculty members, I would like to join Mr. Pat Lobb’s family and of Charleston. He has excelled in every en- more than any other major college of edu- friends in congratulating him on this out- deavor, and I am proud to call him my friend. cation in the nation. More than 20 percent of standing achievement. His concern for energy As the longest-serving Charleston city man- the College of Education’s members are His- and the environment has led to a creative de- ager on record, Mr. Brewer has been instru- panic, and they have strong bilingual and sign that contributes to the safety and mental in attracting new business opportuni- English as a second language education pro- wellbeing of our community. I am proud to ties for southern Missouri and to the city of grams. represent Mr. Lobb in Washington, and may Charleston. By using Tax Increment Financing I would like to congratulate the UNM Col- his compassion and dedication be an inspira- and Enhanced Enterprise Zone programs to lege of Education for their continued excel- tion to us all. their greatest benefit, Mr. Brewer has dras- lence and outstanding performance.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00139 Fmt 0689 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4782 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 February 27, 2007 IN HONOR OF VACLAV HAVEL AND activity. It maintained our spirits; we did Shaun’s dedication to his school work and THE 30TH ANNIVERSARY OF not give up, and a year later—in August church are outstanding. Shaun works hard in CHARTER 77 1980—it became clear that the party appa- school, while being an active member of the ratus and the factory management were afraid of us. We mattered. And the rank and Liberty United Methodist Church. He has also HON. CHRISTOPHER H. SMITH file saw us as leaders of the movement. When contributed significantly to the community by OF NEW JERSEY I look at the victories of Solidarity, and of using his leadership skills to lead a group of IN THE HOUSE OF REPRESENTATIVES Charter 77, I see in them an astonishing ful- boys and adults in completing a landscaping fillment of the prophecies and knowledge Tuesday, February 27, 2007 project at the Liberty United Methodist Church. contained in Havel’s essay. Madam Speaker, I proudly ask you to join Mr. SMITH of New Jersey. Madam Speaker, Vaclav Havel’s essay was not just the prod- me in commending Shaun Andrew Robinson Edmond Burke once said that, ‘‘all it takes for uct of clever wordsmithing; it was an act of for his accomplishments with the Boy Scouts evil to triumph is for good men to do nothing.’’ singular heroism. In fact, shortly after writing of America and for his efforts put forth in Thirty years ago, good men and women came ‘‘The Power of the Powerless,’’ Vaclav Havel achieving the highest distinction of Eagle together, and together, they ultimately tri- found himself in prison, again. And it should Scout. umphed over evil. be remembered that others, including philoso- f In 1987, I traveled to Czechoslovakia with a pher Jan Patocka, Havel’s close friend, and Helsinki Commission delegation led by my Pavel Wonka, paid with their lives for their op- IN REMEMBRANCE OF TOM good friend, STENY HOYER, who was then position to the Czechoslovak communist re- MOONEY Chairman of the Commission. We traveled gime. there just ten years after the Charter 77 move- Vaclav Havel is a man who has always HON. DENNIS J. KUCINICH ment had been formed and, amazingly, in been guided by the courage of his convictions. OF OHIO spite of persecution and imprisonment, they Remarkably, his courage did not fade upon his IN THE HOUSE OF REPRESENTATIVES had managed to publish 350 documents dur- assumption of the presidency. Indeed, he is all Tuesday, February 27, 2007 ing its first ten years. And it was clear during the more heroic for his steadfast commitment my visit to Prague that this organization was to human rights even from the Prague Castle. Mr. KUCINICH. Madam Speaker, I rise having an impact, especially when the com- From the beginning, he was a voice of reason, today in recognition of Tom Mooney and his munist authorities went to the trouble of pre- not revenge, as he addressed his country’s accomplishments as a champion of public venting five independent activists, including communist and totalitarian past. In 1993, he education, the labor movement and social jus- Vaclav Havel, from meeting with us. rightly identified the situation of Roma as ‘‘a tice. A sudden and tragic loss for education In spite of this, our delegation was able to litmus test for civil society.’’ And not only has advocates, Tom’s December 9, 2006 passing meet with several other Charter 77 signatories he raised human rights issues in his own also marks a sad day for the State of Ohio. and sympathizers: Libuse Silhanova, Josef country but reminds the world of the abuses Tom began his career as a teacher in 1972 Vohryzek, Father Vaclav Maly, Zdenek taking place in Cuba and China. in Cincinnati. Quickly, though, his natural lead- Urbanek, and Rita Klimova. Libuse Silhanova, Throughout his presidency, he pardoned ership brought him to represent his fellow edu- then serving as a Charter 77 spokesperson, those faced with criminal charges under com- cators as the president of the Local 1520 of described her fellow Chartists as ‘‘ordinary munist-era laws that restrict free speech. In the American Federation of Teachers between people who happen to be part of a move- 2001, he spoke out against the parliament’s 1979 and 2000. During that time, he forged a ment.’’ For a group of ‘‘ordinary people,’’ they regressive religion law, which turned the clock reputation as a tireless and outspoken pro- certainly accomplished extraordinary things. back on religious freedom. And he has re- ponent of ensuring funding for public schools. One of the most notable of these ‘‘ordinary minded other world leaders of our shared re- Through his work with the Federation, he people’’ was the playwright Vaclav Havel, who sponsibility for the poor and less fortunate the eventually rose to become the vice president is today the sole surviving member of Charter world over. of the national organization and served on its 77’s first three spokespersons. At a time when On the occasion of the 30th anniversary of executive board. most Czechoslovaks preferred to keep their the founding of Charter 77, I want to join my A man of candor and American moxie, heads low, he held his up. When others dared colleagues from the Helsinki Commission in Tom’s aggressive and enthusiastic public de- not speak out, he raised up his voice. While honoring Vaclav Havel and all the men and fense of teachers was an ongoing testament others hid from communism in their apart- women who signed the Charter, who sup- to his dedication to the idea that education is ments and weekend cottages, he faced it ported its goals, and who helped bring democ- a fundamental and essential human right. Tom down in prison. racy to Czechoslovakia. firmly believed that the success of the public In 1978, Havel wrote a seminal essay enti- f education system rests on the will of the peo- tled, ‘‘The Power of the Powerless.’’ In it, he ple to uphold its standards. Often, this meant proposed a remarkably conspiratorial concept: RECOGNIZING SHAUN ANDREW challenging the status quo. Tom was not the idea that those repressed by the Com- ROBINSON FOR ACHIEVING THE afraid to push forward and vehemently fight for munist Lie actually had the power to ‘‘live for RANK OF EAGLE SCOUT higher standards and a higher quality of edu- truth,’’ and that by doing so, they could cation. His strength, conviction, and outright change the world in which they live. HON. SAM GRAVES courage to stand up steadfastly for the rights One of the people who read this essay was OF MISSOURI of educators have led to vast improvements in Zbygniew Bujak, who became a leading Soli- IN THE HOUSE OF REPRESENTATIVES the field of education for the State of Ohio and darity activist in Poland. Bujak described the the country. Tuesday, February 27, 2007 impact of Havel’s message: Madam Speaker and colleagues, please join This essay reached us in the Ursus factory Mr. GRAVES. Madam Speaker, I proudly me in recognizing the life of Tom Mooney for in 1979 at a point when we felt we were at the pause to recognize Shaun Andrew Robinson, his exemplary dedication to public education end of the road. Inspired by KOR [the Polish a very special young man who has exempli- Workers’ Defense Committee, which pre- and the labor movement. Tom will be missed. ceded Solidarity], we had been speaking on fied the finest qualities of citizenship and lead- f the shop floor, talking to people, partici- ership by taking an active part in the Boy pating in public meetings, trying to speak Scouts of America, Troop 374, and in earning TRIBUTE TO CLARENCE SEAVERS the truth about the factory, the country, and the most prestigious award of Eagle Scout. politics. There came a moment when people Shaun has been very active with his troop, HON. MARCY KAPTUR thought we were crazy. Why were we doing participating in many Scout activities. Over the OF OHIO this? Why were we taking such risks? Not years Shaun has been involved with Scouting, IN THE HOUSE OF REPRESENTATIVES seeing any immediate and tangible results, he has earned 30 merit badges and held nu- we began to doubt the purposefulness of Tuesday, February 27, 2007 what we were doing. Shouldn’t we be coming merous leadership positions, serving as patrol up with other methods, other ways? leader, assistant patrol leader, chaplain’s aid, Ms. KAPTUR. Madam Speaker, I am Then came the essay by Havel. Reading it and den chief. He is a member of the Tribe of pleased to recognize a gentleman in our dis- gave us the theoretical underpinnings for our Mic-O-Say. trict, Mr. Clarence Seavers of Sandusky, OH,

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00140 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 4783 who will be presented with the Lifetime 1983 as a general crimes investigator at a great business leader, teacher, and Michi- Achievement Award by the Erie County Demo- Portsmouth, VA. Special Agent Macfarlane gander, Mr. Robert Gustafson, who passed cratic Party on February 23, 2007. Our former was then selected as the Special Agent Afloat away on February 20, 2007. colleague and Ohio Governor Ted Strickland aboard the USS John F. Kennedy (CV–67) in While Mr. Gustafson’s career rose to great will present Clarence with the inaugural award. June 1985. While serving aboard the JFK, Jim heights as CEO and Chairman of Hubert Dis- I know of no finer person to receive this distin- helped arrange law enforcement and force tributors, Inc., in Pontiac, MI, his humble be- guished recognition in its first year than my protection support required as the JFK was ginnings give insight into his future achieve- friend, Clarence Seavers. selected to participate in the rededication of ments. After graduating from Western Michi- Wherever one goes in Erie County OH, the Statue of Liberty and the first naval gan University in Kalamazoo, Mr. Gustafson there will be Clarence Seavers. Well into his ‘‘OPSAIL’’ celebration in New York City. became a teacher at Wayland High School in eighth decade of life, Mr. Seavers remains an In 1986, Jim was selected as the Represen- Wayland, MI. An avid music fan, his leader- active community participant. Not one to seek tational Resident Agent (RRA) at the Naval In- ship of the school’s band program saw a the glory of leadership, he is nonetheless a vestigative Service resident Unit in Misawa, threefold increase in student participation dur- community leader in the truest sense, leading Japan. In 1989, Jim was reassigned to NCIS ing his tenure. us by example to be good citizens. Headquarters and worked in the Offensive After teaching, Mr. Gustafson went on to A lifelong resident of Sandusky, Mr. Seavers Counterintelligence Operations Division, where pursue his interest in aviation. He founded is a WorId War II veteran, and was inducted he served with distinction for 5 years. During Michigan Air Activities, where he taught hun- into the Ohio Veterans Hall of Fame for his this time, SA Macfarlane was selected to at- dreds of students under the Federal G.I. flight service with the 811th Aviation Engineering tend Strategic Arms Reduction Training and program, as well as sold and repaired aircraft. Battalion. He served the whole of U.S. involve- deployed to Votkinsk, Russia, for 3 weeks in In addition, Michigan Air Activities had a fleet ment, 1941–1945, building airfields in the Pa- 1992 as the inspection team’s CI specialist. In of aircraft that serviced well known customers cific Theatre. Following military service, Mr. January 1994, Jim was selected to attend the such as General Motors, Ford, and Chrysler. Seavers joined the ranks of the civil service, Military Operations Training Course. In May Mr. Gustafson would later establish Kala- working as a clerk for the U.S. Postal Service 1994, he was reassigned as senior special mazoo Aviation and serve as President of the for 30 years until his 1978 retirement. agent working counterintelligence cases in Airport Advisory Group. In addition to his presence at many commu- Okinawa, Japan. Mr. Gustafson then joined Hubert Distribu- nity events, Mr. Seavers has also formally In 1996, Jim was selected as a Supervisory tors where he oversaw the construction of one given of his time in numerous ways. He has Special Agent (SSA) and began his first su- of their warehouses. From there he rose up served on the boards of the YMCA, Goodwill pervisory assignment at the NCIS Washington, the ranks from a sales manager to the CEO Industries, Providence Hospital, Firelands Re- DC, Field office where he provided counter- and Chairman. Utilizing his teaching experi- gional Medical Center, Erie County Board of intelligence support to Navy special access ence, Mr. Gustafson overhauled the employee Elections, Erie County Health Department, programs. In 1997, Jim established the NCIS training program at Hubert by writing, pro- Chamber of Commerce, Boy Scouts and Erie office at the Naval Surface Warfare Center, ducing, and directing the training videos that Huron Community Action Commission. He is a Dahlgren, VA, where he was cited by DoD for are required for all new hires. lifetime member of the NAACP and a member setting the standard in providing Counterintel- Yet Mr. Gustafson’s works reach beyond the of St. Stephen’s AME Church. He volunteers ligence support to Navy Research, Develop- realm of business as he was actively involved as a baseball umpire and at the Ohio Vet- ment, Test, and Evaluation (RTD&E) pro- in philanthropy and charitable work. The Rob- erans Home. His community calls him ‘‘one of grams. In 1999, Jim returned to the Wash- ert Gustafson Wing of St. Joseph Mercy Oak- Erie County’s heroes and treasures,’’ a senti- ington, DC, field office, where he became the land Hospital bears witness to his commitment ment I echo. Yet, true to the man, Clarence SSA for all offensive CI activities. In 2000, he to give back to the community. Seavers says of his involvement, ‘‘I just tried was selected as the SSA for the Office of Today, I remember Mr. Robert Gustafson to give something back. As long as you’re Special Projects and in August 2001, Jim was for his lifetime of service and dedication to our able, you can never give back too much.’’ promoted to GS–14 and selected as the As- community. My sincerest thoughts and prayers Clarence Seavers has never been one to sistant Special Agent-in-Charge (ASAC), NCIS go out to his family and loved ones. hide his light beneath a bushel. Instead, he Middle East Field Office, in Manama Bahrain. f has let his light shine forth in guidance. Quiet, Jim served as the sole ASAC during a pe- humble, with graceful dignity, he is a fine ex- riod of great national interest and military ac- REMBERING STATE SENATOR ample of the best that is in us. He has been tivity, supporting both OPERATIONS ENDUR- ADELARD L. ‘‘ABE’’ BRAULT a wise counsel to me, and countless others, ING FREEDOM and IRAQI FREEDOM. Jim and we dearly value his friendship. Clarence brought great credit upon himself and the HON. FRANK R. WOLF Seavers has spent his lifetime in achievement, NCIS during his tenure in the Middle East and OF VIRGINIA and I am so honored to share with my col- was awarded the Superior Civilian Service IN THE HOUSE OF REPRESENTATIVES leagues a glimpse at the embodiment of a true Award. American patriot as I congratulate Clarence In July 2003, Jim was promoted to GS–15 Tuesday, February 27, 2007 Seavers on his receipt of this distinguished and assigned as the Senior NCIS Representa- Mr. WOLF. Madam Speaker, I rise today to recognition. tive to Headquarters Marine Corps (HQMC). bring the attention of the House to the passing f For his significant efforts at HQMC, he was of Virginia State Senator Abe Brault on Feb- awarded the Marine Corps’ Meritorious Civilian ruary 13, 2007. Senator Brault served in the RECOGNIZING SPECIAL AGENT Service Award. In 2005, Jim was selected for JAMES G. MACFARLANE Virginia General Assembly for 18 years, in- his current position as the Deputy Inspector cluding a term as majority leader from 1976 to General. 1980. HON. JOHN P. MURTHA I wish to express my gratitude to Special A Navy veteran who served during WWII, OF PENNSYLVANIA Agent MacFarlane for his many years of dis- Abe opened a law practice in Fairfax County IN THE HOUSE OF REPRESENTATIVES tinguished service to this country. during the 1950s and dedicated his life to Tuesday, February 27, 2007 f serving those in Fairfax and the surrounding Mr. MURTHA. Madam Speaker, I rise to IN MEMORY OF MR. ROBERT area. He was a good man who served Virginia recognize the accomplishments of Special GUSTAFSON well and I was honored to know him. A family Agent James G. Macfarlane, currently the man and true Virginia gentleman, Abe died at Deputy Inspector General and Deputy Assist- HON. JOE KNOLLENBERG the age of 97 and is survived by his wife, ant Director for the Office of Inspections of the three children, and nine grandchildren, and 14 OF MICHIGAN great-grandchildren. Naval Criminal Investigative Service, NCIS. He IN THE HOUSE OF REPRESENTATIVES will retire on March 1, 2007, after more than Madam Speaker, I insert for the RECORD an 23 years of service to our great Nation. Tuesday, February 27, 2007 obituary published in The Washington Post Jim began his career as a special agent Mr. KNOLLENBERG. Madam Speaker, I which details the many accomplishments of with the then Naval Investigative Service in want to recognize the life and achievements of Senator Brault.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00141 Fmt 0689 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4784 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 February 27, 2007 [From Washingtonpost.com, Feb. 14, 2007] extraordinary life of the Reverend Paul Martin, and that this kind of social stewardship ADELARD L. ‘ABE’ BRAULT, 97; INFLUENTIAL Senior Pastor of the Macedonia Baptist changed our country for the better. N. VA. SENATOR Church in Denver, Colorado. This remarkable Clearly, community service matters. But for (By Adam Bernstein) gentleman merits our recognition and admira- Reverend Martin, community service is not Adelard L. ‘‘Abe’’ Brault, 97, a feisty Fair- tion as his impressive record of spiritual lead- just an empty catchphrase. It is personal com- fax County Democrat who retired in 1983 ership and invaluable service has done much mitment and active engagement in out- after 18 years in the Virginia Senate, includ- to improve the lives of our people. comes—it is stewardship at its finest. Under ing a term as majority leader, died Feb. 13 at his home in Front Royal, Va. He had pneu- Reverend Martin’s standing within our com- the leadership of Paul Martin, Macedonia Bap- monia. munity is rivaled by few others. He has been tist Church has touched the community For years, Mr. Brault was considered dean on the front line of progress for decades and through a host of specialized programs and of the Northern Virginia delegation, and he has used his skills and talents to advance the outreach ministries designed to enhance the used his authority to push through funding public good and care for the spiritual well- spiritual and educational growth of our youth. for the Metro system, George Mason Univer- being of many of our citizens. As a dynamic His service to our community is extensive and sity and Northern Virginia Community Col- pastor, educator, scholar and radio commen- lege. includes being past president of the Urban He and Sen. Omer L. Hirst (D–Fairfax-Falls tator, Paul Martin’s leadership and service has League of Metro Denver; special advisor to Church) helped shape legislation and financ- made us stronger, more caring and more resil- former Mayor Wellington Webb and Mayor ing for the 13-mile Dulles Toll Road, built in ient. John Hickenlooper; member of the Denver Po- 1984 to link Interstate 66 and the Capital Reverend Martin began his life in South lice Task Force; and Board Chair of the Beltway with Dulles International Airport. Central Los Angeles where he completed his Stapleton Development Corporation. He is the Mr. Brault was the majority leader from secondary education in the public schools. He 1976 to 1980, largely because of a moderate- first African American minister to serve as liberal coalition that successfully challenged graduated with honors from Pepperdine Uni- President of the American Baptist Region of the more conservative elements of the Sen- versity with a bachelor’s degree in Religion, the Rocky Mountains. He is an adjunct pro- ate. A conservative faction led by Hunter B. Psychology and Greek. He attained his Master fessor at the Denver Seminary and the Iliff Andrews (D–Hampton) eventually removed of Divinity from the Samuel DeWitt Proctor School of Theology and an instructor with the Mr. Brault from the leadership. He described School of Theology at Virginia Union Univer- Congress of Christian Education of National his loss as a ‘‘power play’’ meant to weaken sity and went on to earn his Doctor of Philos- Baptist Convention. He has been a past trust- Northern Virginia’s influence. ophy at the California Graduate School of Mr. Brault was known for blunt and crit- ee of the University of Sioux Falls, a member ical commentary that he regarded as hon- Theology. Reverend Martin also received an of the Committee on Ministry for the Pres- esty and others sometimes found uncollegial. Honorary Doctor of Humane Letters from the bytery of Denver, Vice President for Member- As a result, then-Gov. Charles S. Robb (D) Denver Seminary and has done additional ship for the East Denver Ministerial Alliance appointed Mr. Brault to the State Board of study at Fuller Seminary, the Claremont and a lifetime member of the N.A.A.C.P., and Education in 1985, a year later than ex- School of Theology, and the Union Theo- the Southern Christian Leadership Con- pected. The delay was attributed to Mr. logical Seminary. Dr. Martin’s many edu- ference. Brault’s criticism of the leadership ability of cational and scholarly accomplishments pre- Martin Luther King, Jr., once noted that ev- Sen. Clive L. DuVal II (D–Fairfax). pared him for a life of spiritual leadership that Adelard Lionel Brault was born in Winsted, erybody could be great because everybody Conn., on April 6, 1909. He grew up in Wash- has left an indelible imprint on all of us. can serve. Reverend Martin has burnished a ington, where he was a 1927 graduate of Gon- Under Reverend Martin’s leadership, Mac- reputation of spiritual leadership that I think is zaga College High School and a 1933 graduate edonia Baptist Church has become a beacon the opposite of what most people think. His of Columbus Law School, now part of Catho- of hope and remains a positive force in the leadership is not only guidance, it is service. lic University. He served in the Navy in the spiritual and civic life of our community. Not It is caring for one another. It is serving along North Atlantic during World War II. only has Reverend Martin moved us from the side those whom you lead. It is service which He had a private law practice in Wash- pulpit, he has also edified us through his nu- ington before the war and opened a practice is ordinary and yet extraordinary. in Fairfax County in the early 1950s, where merous radio ministries. While in Los Angeles, Reverend Martin’s tenure as Senior Pastor he specialized in representing insurance he had four radio ministries and in Denver, he of Macedonia Baptist Church is quickly draw- companies. He was president of the Fairfax created and hosted Religion in Focus on ing to a close. His leadership has been exem- County Bar Association when he was ap- KNUS Radio and cohosted Community Focus plary and his contributions are rich in con- pointed to the county Board of Supervisors on KRKS Radio with his wife, Dr. Agnes Mar- sequence. On behalf of the citizens of the 1st in 1962 to fill the unexpired term of James tin. He is the host of two weekly radio min- Congressional District, I wish to express our Keith, who years later became a Virginia istries on KLDC in Denver—Focus on Live gratitude and extend our best wishes to Pastor Circuit Court judge. and Charisma—and is cohost of the Agnes Mr. Brault did not seek reelection to the Martin, Agnes Martin and their family. Senate in 1983, saying at the time, ‘‘Y’all can Martin Show on Channel 58, DCTV. Please join me in paying tribute to the Rev- do what you want to next year. I’ll be in Those who know Reverend Martin know it is erend Dr. Paul M. Martin, a distinguished spir- Florida.’’ difficult to ignore his moving and resonant itual and civic leader. His stewardship and In 1991, state legislators renamed the Dul- voice. His words give meaning and poignancy service command our respect and they speak les Toll Road the Omer L. Hirst-Adelard L. to the spiritual aspirations we all share. Over to the spirit of our founders and future of our Brault Expressway, which, having met the the years, I have had the privilege of working country. fate of many other such renamings of roads, closely with Macedonia Baptist Church as part bridges and buildings, has not readily been f adopted by commuters. of a church exchange with my congregation, Survivors include his wife, Clarice Cov- Montview Presbyterian. As a member of IN RECOGNITION OF MARGE ington ‘‘Percy’’ Brault of Front Royal; 3 Montview’s choir, I have had the opportunity to SWEENEY children, Adelard L. Brault, Jr., of Fairfax lift my voice with the remarkable choir at Mac- County, Nancy Supples of Front Royal and edonia. I have also had the opportunity to re- HON. DENNIS J. KUCINICH Mary Lynn Coleman of Moscow; 9 grand- flect with Reverend Martin on matters of social OF OHIO children; and 14 great-grandchildren. concern and I will never forget a discussion IN THE HOUSE OF REPRESENTATIVES f we had concerning the War on Poverty. Tuesday, February 27, 2007 TRIBUTE TO THE REVEREND DR. He reflected on how making poverty a na- PAUL M. MARTIN tional priority set in motion new laws and cre- Mr. KUCINICH. Madam Speaker, I rise ated programs such as Head Start, work today to honor the life and accomplishments study, Medicare and Medicaid. He noted how of Marge Sweeney, whose I tremendous dedi- HON. DIANA DeGETTE these programs brought about real results, re- cation to her family, friends and community OF COLORADO duced rates of poverty and improved living serves as a shining example for all who have IN THE HOUSE OF REPRESENTATIVES standards for America’s poor. But what struck been blessed by her presence and care. Tuesday, February 27, 2007 me was his conclusion—that this endeavor Back in the mid-sixties, Marge started her Ms. DEGETTE. Madam Speaker, I rise to was great because it gave Americans the op- career as a bookkeeper, but by the mid-sev- honor the exceptional accomplishments and portunity to care for and serve one another enties she had already worked her way up to

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00142 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 4785 the position of Principal’s Secretary at St. Ste- Nagy made it to Prague, he was also imme- actors—signed a petition calling for his release phen’s Elementary and Junior High School. In diately detained on his arrival. and the release of others [similarly impris- 1982 she was appointed Recreation Instructor, Although I was deprived of the chance to oned]. For these people, like many others in and since has progressively earned pro- meet these individuals in person, I was al- his country, Vaclav Havel has become a sym- motions, until she became Manager of ready well aware of their work. In fact, the bol of an enduring and selfless commitment to Halloran Rink—a position she held for over 25 Helsinki Commission’s second hearing, held in human rights.’’ years. February 1977, published the full text of the Madam Speaker, on this 30th anniversary of Throughout her career, Marge had an enor- Charter 77 manifesto at the request of one of the founding of the Charter 77 movement, I mous impact on local programs and organiza- our witnesses, Mrs. Anna Faltus. We owe a rise to commend and remember the coura- tions in the community, including: Cuyahoga special debt of gratitude to the late Mrs. geous men and women, signatories and sup- Counties’ Juvenile Court Victim-Aid Restitution Faltus, who worked tirelessly for decades as porters, who paved the way for the peaceful Program; the Westtown Community Develop- an advocate for a free Czechoslovakia. To this transition from communism in Czechoslovakia ment Corporations’ Night Out Against Crime; end, she made sure that the documents of and restoration of Europe, whole and free. On the Metro Parks Youth Programs; and many Charter 77 and the Committee for the Defense this anniversary, I give special tribute to more. She has also been honored by the May- of the Unjustly Persecuted were quickly trans- Vaclav Havel, playwright and president, and or’s Office on Volunteerism, City of Cleveland; lated and widely disseminated to policy mak- his singular role in leading his country to free- the First District Police Community Relations ers and human rights advocates. Her effort dom. Program; and the National Park and Recre- made it possible for the Helsinki Commission f ation Association, with a ‘Commemorative to publish (in 1982 and in 1987) selected and PERSONAL EXPLANATION Citiation’ in recognition of outstanding leader- representatives texts of the Charter 77 move- ship and volunteerism to the parks and recre- ment. ation movement and to advancing the quality Looking back, the breadth of those docu- HON. LUIS V. GUTIERREZ of life in her community. ments is truly remarkably, touching on every- OF ILLINOIS Furthermore, Marge has been a key figure thing from the legacy of World War II to the IN THE HOUSE OF REPRESENTATIVES in the formation of the Halloran Advisory country’s economic situation; from contem- Tuesday, February 27, 2007 porary music to nuclear energy. But the com- Board—a board that contains both community Mr. GUTIERREZ. Madam Speaker, I was mon thread that bound these diverse state- and civic minded individuals, who share the in- unavoidably absent from this chamber today. I ments together was a commitment to promote terest of the positive delivery of services to the would like the RECORD to show that, had I and protect ‘‘the right of the individual to know community of Halloran Skating Rink. been present, I would have voted ‘‘yea’’ on and act upon his rights.’’ This right was freely Along with this tremendous work, and being rollcall votes 100, 101 and 102. a wife to the late Dennis Sweeney, Marge has adopted by the Czechoslovak Socialist Repub- taken great pride in raising her eight lovely lic when Gustav Husak fixed his signature to f children; Dennis, Patty, Brian, Jimmy, Kevin, the Helsinki Final Act in 1975. INTRODUCTION OF THE FAIR USE Shawn, Kelly, and Annie. It was, of course, with great interest that I ACT OF 2007 Madam Speaker and colleagues, please join discussed Charter 77, first with Czechoslovak me in honoring Marge Sweeney for her 30 officials during my February 1987 trip to HON. RICK BOUCHER years of public service to the residents of Prague, then with Czechoslovak parliamentar- OF VIRGINIA Cleveland, and for her kindness and gen- ians visiting Washington in June 1988 (a dele- IN THE HOUSE OF REPRESENTATIVES erosity that have and will continue to inspire gation which included Prague Communist Tuesday, February 27, 2007 all who cross paths with her. Party boss Miroslav Stepan), and then with f the Czechoslovak delegation to the 1989 Paris Mr. BOUCHER. Madam Speaker, I am Meeting of the Conference on the Human Di- pleased to be introducing the Freedom And In- IN HONOR OF VACLAV HAVEL AND mension. In these meetings, as well as in cor- novation Revitalizing U.S. Entrepreneurship THE 30TH ANNIVERSARY OF respondence with the Czechoslovak Ambas- Act of 2007. Like other bills I have introduced CHARTER 77 sador to the United, I was told that Charter 77 in earlier years, the FAIR USE Act of 2007 is didn’t represent public opinion. I was warned intended to promote innovation, encourage the HON. STENY H. HOYER that siding with Charter 77 would not help bi- introduction of new technology, enhance li- OF MARYLAND lateral relations, and I was assured that de- brary preservation efforts and protect the fair IN THE HOUSE OF REPRESENTATIVES mocracy was coming soon to Czecho- use rights of consumers. slovakia—‘‘socialist democracy.’’ As more fully described in the attached sec- Tuesday, February 27, 2007 Needless to say, I was not convinced by my tion-by-section analysis, this bill differs fun- Mr. HOYER. Madam Speaker, this year interlocutors: I was not convinced that damentally from H.R. 107 and H.R. 1201, as marks the thirtieth annivesry of the Charter 77 Augustin Navratil was actually being treated proposed in the 108th and 109th Congresses, movement. Along with other colleagues from for a mental health condition, rather than respectively. For example, the revised bill the Helsinki Commission, which I had the being persecuted for his religious activism. I does not contain the provision which would privilege of Chairing and Co-Chairing from was frankly disgusted when the Czechoslovak have established a fair use defense to the act 1985 to 1994, I rise today to commemorate delegation to the Paris meeting baldly lied of circumvention. I continue to believe that Charter 77’s extraordinary accomplishments, about Jiri Wolf, telling us he had been re- there should be such an exemption in the law, and to praise Vaclav Havel, a founding mem- leased early from his prison sentence as a but content owners have expressed concern ber of the Charter 77 movement and Czecho- ‘‘humanitarian’’ gesture, and then shrugging that enactment of such a provision could lead slovakia’s first President after the fall of com- with indifference when they were caught in to widespread redistribution of audiovisual and munism. their lie. Most of all, I did not believe that other works. Twenty years ago this month, I led a Con- Vaclav Havel was a criminal and Charter 77 In an effort to address their concerns, I have gressional delegation to Czechoslovakia—my merely an ‘‘insignificant’’ group. instead crafted specific exemptions to section first trip to that country. At that time, I was as- In fact, in 1989 Senator Dennis DeConcini 1201 of the Digital Millennium Copyright Act sured by Czechoslovak Government officials and I nominated Vaclav Havel for the Nobel which do not pose a comparable potential that Charter 77 was only a small group, and Peace Prize. As Senator DeConcini said, ‘‘[i]n threat to their business models. For example, there was no need to have a dialogue with its spite of relentless harassment by the authori- the proposed legislation would codify the deci- members. In an apparent effort to underscore ties, including imprisonment, repeated deten- sion by the Register of Copyrights, as affirmed their point, the regime detained several Chart- tions, house searches, and confiscation of in a determination made by the Librarian of ists to keep them from meeting with our dele- property, Havel has remained active in the Congress under section 1201(a)(1) of the gation: Vaclav Havel, Petr Uhl and Jiri struggle for human rights . . . Havel is now in DMCA, to allow consumers to ‘‘circumvent’’ Dienstbier were all arrested in Prague; Miklos prison, but he is not alone in his cause. In a digital locks in six discrete areas. The bill also Duray was prevented from traveling to Prague dramatic move . . . over 700 of his col- contains six narrowly crafted additional ex- from Slovakia; and although Petr Puspoki- leagues—playwrights, producers, artists, and emptions that are a natural extension of these

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00143 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4786 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 February 27, 2007 exemptions. For example, given the central could not hold Sony contributorily liable for 6. Sound recordings distributed in compact role that libraries and archives play in our so- copyright infringement based on other pos- disc format and protected by technological ciety in ensuring free speech and continuing sible or even predominate infringing uses. To protection measures that control access to provide greater legal certainty to legitimate lawfully purchased works and create or ex- access to creative works, the bill includes a CE companies bringing new products to mar- ploit security flaws or vulnerabilities that provision to ensure that they can circumvent a ket in the wake of the uncertainty created compromise the security of personal com- digital lock to preserve or secure a copy of a by the Supreme Court’s decision in Metro- puters when circumvention is accomplished work or replace a copy that is damaged, dete- Goldwyn-Mayer Studios v. Grokster, Ltd., 545 solely for the purpose of good faith testing, riorating, lost, or stolen. U.S. 913 (2005), subsection (b) would immu- investigating, or correcting such security The bill contains other new elements. For nize these and other hardware companies, as flaws or vulnerabilities. example, it would limit the availability of statu- well as entrepreneurs, from copyright in- As an extension of the Librarian of tory damages against individuals and firms fringement liability based on the design, Congress’s determination, subsection (3)(b) who may be found to have engaged in con- manufacture or distribution of hardware de- of the FAIR USE Act would enable individ- vices (or components of those devices) that tributory infringement, inducement of infringe- uals in six narrowly defined circumstances are capable of a substantial, commercially to circumvent technological protection ment, vicarious liability or other indirect in- significant non-infringing use. The enact- measures: fringement. Given the increasing extent to ment of this clarifying provision, for avoid- Paragraph (i) would extend the Librarian’s which content companies are on the receiving ance of doubt with respect to hardware de- determination with respect to excerpts of end of lawsuits, I would hope they would see vices, is not intended to have any negative audiovisual works for use in all classrooms the value of this element of the bill. effect on the continued availability and ap- (instead of just in college media studies I have more narrowly crafted the provision plication of the Betamax standard with re- classrooms). Under the provision, an instruc- codifying the Supreme Court’s Betamax deci- spect to services and software products or to tor could circumvent a digital locks on non-commercial activities. audiovisual works included in the collection sion to eliminate any uncertainty about a po- Section 3 would amend the Digital Millen- tential negative impact on the Supreme of a library or an archives in order to make nium Copyright Act. compilations of portions of those works for Court’s holding in the Grokster case. Subsection (3)(a) would codify the decision educational use in a classroom at all grade I look forward to working with my colleagues by the Register of Copyrights, as affirmed in levels. and all interested parties in an effort to prop- a determination made by the Librarian of Paragraph (ii) would authorize consumers erly balance the rights of content owners, con- Congress under section 1201(a)(1) of the to circumvent a lock on a DVD or other sumers and other constructive users of con- DMCA, to allow consumers to ‘‘circumvent’’ audiovisual work in order to skip past com- tent. digital locks in six discrete areas. The deter- mercials at the beginning of it or to bypass I will welcome their suggestions about how mination was made after a thorough rule personally objectionable content (such as making process, in which the Register took pornographic scenes) contained in the work. the measure might be further improved as it extensive testimony from rights holders, moves forward in the legislative process. The provision does not authorize consumers consumers, and other interested parties. By to make back up DVDs for archival or any FAIR USE ACT OF 2007 codifying the Librarian’s determination, other purpose. Congress would ensure that these practices Section 1 sets forth the title of the bill, the Paragraph (iii) would authorize consumers may continue, without the need for exten- ‘‘Freedom And Innovation Revitalizing U.S. to transmit a work over a home or personal sive review by the Register and the Librar- Entrepreneurship Act of 2007.’’ network but not to circumvent for purposes ian under section 1201(a)(1) three years from Section 2 would make two amendments to of uploading that work to the Internet. the Copyright Act. now. The importance of these exemptions This provision would ensure that con- Subsection (2)(a) would limit the avail- was demonstrated by the Register’s exten- sumers can make fair use of content they ability of statutory damages against individ- sive supporting analysis. Making them per- have lawfully acquired, as long as they do uals and firms who may be found to have en- manent would create greater certainty not engage in the mass, indiscriminate redis- gaged in contributory infringement, induce- among various user communities. The need tribution of that content over the Internet. ment of infringement, vicarious liability, or to codify the exemptions is all the more other indirect infringement. Congress devel- compelling now that TracFone has chal- Paragraph (iv) would allow individuals to oped the statutory damages award process in lenged the entire DMCA rulemaking process access public domain works that are in a col- a world of physical works, principally paper as an unlawful delegation of legislative au- lection of works made up primarily of public and vinyl. Today, in a world in which silicon thority. domain works. It thus would preclude con- is the principal medium of storage, statutory As determined by the Librarian in the tent owners from denying the public access damages can be so large and dispropor- Final Rule published in the Federal Register to public domain works simply by repack- tionate that entrepreneurs and consumer on November 27, 2006, persons making non- aging them with one or more copyrighted electronics and information technology com- infringing uses of the following six classes of works and then applying a digital lock to re- panies are declining to bring new technology works will not be subject to the prohibition strict or deny access to all of the works. to market out of fear that they could be against circumventing access controls of the Paragraph (v) would advance long-estab- bankrupted by an adverse finding of sec- DMCA: lished First Amendment rights by author- ondary liability—even in cases in which they 1. Audiovisual works included in the edu- izing reporters, teachers, and others to cir- believed on the advice of counsel that their cational library of a college or university’s cumvent digital locks blocking access to new innovative hardware or software prod- film or media studies department, when cir- works of substantial public interest, when ucts would be found legal if they survived cumvention is accomplished for the purpose circumvention is accomplished solely for costly litigation with its highly intrusive of making compilations of portions of those purposes of criticism, comment, news report- discovery. Under the bill, statutory damages works for educational use in the classroom ing, scholarship, or research. would remain available for conduct that no by media studies or film professors. Paragraph (vi) would authorize circumven- reasonable person could have believed to be 2. Computer programs and video games dis- tion of technological measures that effec- lawful. With this condition in the law, entre- tributed in formats that have become obso- tively control access to copyrighted works preneurs, venture capitalists, and consumer lete and that require the original media or for the purpose of enabling a library or an electronics and information technology com- hardware as a condition of access. archive to preserve or secure a copy of a panies would feel more confident in going to 3. Computer programs protected by dongles work or to replace a copy that is damaged, court, if necessary, for a fair hearing on the that prevent access due to malfunction or deteriorating, lost, or stolen. This would en- merits, and aggrieved parties could get relief damage and which are obsolete. sure that libraries and archives can continue from scofflaws. Moreover, actual damages 4. Literary works distributed in ebook for- to engage in activities specifically author- would continue to remain available to a per- mat when all existing ebook editions of the ized by section 108 of the Copyright Act. son harmed by secondary infringement. work contain access controls that prevent The exceptions to the DMCA set forth in Subsection (2)(b) would effectively codify the enabling either of the book’s read-aloud subsections (3)(a) and (b) are based on exten- the Supreme Court’s holding in the Betamax function or of screen readers that render the sive comments and testimony received by decision with respect to hardware devices. In text into a specialized format. the Copyright Office and the Congress. Their Sony Corp. v. Universal Ciry Studios, Inc., 464 5. Computer programs in the form of enactment is not intended and should not be U.S. 417 (1984), the Court held that because firmware that enable wireless telephone construed as in any way limiting other the Betamax videocassette recorder was ca- handsets to connect to a wireless telephone rights or interpretations of either the Copy- pable of substantial, commercially signifi- communication network, when circumven- right Act or the DMCA as to which con- cant non-infringing uses, two studios—which tion is accomplished for the sole purpose of sumers and other users have had their rights were concerned about consumers making in- lawfully connecting to a wireless telephone vindicated in the courts or those which have home off-air tapes of television broadcasts— communication network. not been addressed by the courts.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00144 Fmt 0689 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 4787 TRIBUTE TO MS. PHYLLIS C. Madam Speaker, I am honored to ask my Arabia with the 1st Force Reconnaissance CAMPBELL, SENIOR EXECUTIVE colleagues to join me in congratulating Ms. Company from Camp Pendleton in 1990 for SERVICE Phyllis C. Campbell on her retirement from Operation Desert Shield and Operation Desert Federal civil service. She epitomizes the dedi- Storm. HON. TODD RUSSELL PLATTS cation and professionalism that make our Fed- In late 2003, Ellis again answered the call of OF PENNSYLVANIA eral Government a model all over the world. his country and was sent to Iraq as first ser- IN THE HOUSE OF REPRESENTATIVES f geant for the Headquarters and Service Com- Tuesday, February 27, 2007 pany. Ellis was promoted to sergeant major in IN HONOR OF JACK BARLICH 2004, making him the top enlisted man with a Mr. PLATTS. Madam Speaker, I rise today Camp Pendleton, California-based infantry to pay tribute to Ms. Phyllis C. Campbell, who HON. SAM FARR battalion. will retire from the Defense’ Logistics Agen- OF CALIFORNIA Adlai Stevenson once said, ‘‘Patriotism is cy’s, DLA, Defense Distribution Center, DDC, IN THE HOUSE OF REPRESENTATIVES not short, frenzied outbursts of emotion, but New Cumberland, PA, on March 3, 2007. Ms. Tuesday, February 27, 2007 the tranquil and steady dedication of a life- Campbell’s distinguished government career time.’’ Sgt. Maj. Ellis’ dedication to patriotism spans 40 years, and her record of achieve- Mr. FARR. Madam Speaker, I rise today to was a lifelong commitment, which he dis- ment during this period reflects greatly upon honor Mr. Jack Barlich, who passed away on played by devoting over 20 years of service to herself and upon the organizations with which January 16, 2007. the Marine Corps. Among his many honors she has served. Her contributions to the na- He was a firefighter for the City of Monterey and decorations, Ellis was awarded the Meri- tional defense will be missed as she moves on for 29 years, and retired in 1992 as assistant torious Service Ribbon, the Navy and Marine to new and exciting opportunities. fire chief. After his retirement he ran for mayor Corp Commendation Medal with one gold star, Ms. Campbell was appointed to the Senior of Del Rey Oaks, defeating the incumbent who Executive Service position of deputy com- the Navy and Marine Corps Achievement had served 30 years in city government. Jack Medal with one gold star, and the Combat Ac- mander, DDC, in July 1998. The DDC is was a knowledgeable firefighter and a hands- DLA’s Lead Center for distribution and has tion Ribbon with one gold star. Sgt. Maj. Ellis’ on kind of person who used those attributes to devotion to our country and the protection of management responsibility for 26 military dis- be an effective administrator. tribution centers around the world. our freedoms and values deserve our most He served on several county boards includ- Ms. Campbell hails from Steelton, PA and sincere appreciation. ing the Waste Management Task Force and has followed a varied career of increasing re- Madam Speaker and colleagues, please join sponsibility culminating in her appointment as the Transportation Agency of Monterey Coun- me in honoring Sgt. Maj. Ellis, who gave the deputy commander. In 1966, she entered the ty. He chaired the Fort Ord Reuse Authority ultimate sacrifice for his country on February Federal service in the Transportation Division board and was vice-chairman of the Monterey 7, 2007. May his actions and deeds never be at Defense Distribution Depot Ogden, UT, and Regional Water Pollution Control Agency. As forgotten. in 1973, was selected into the Depot’s Man- the mayor of Del Rey Oaks, his proudest ac- f complishment was the annexation of 360 agement Intern Program. In 1979, Ms. Camp- PERSONAL EXPLANATION bell became a supply systems analyst in the acres of land for his small city from the former newly formed Defense System Automation Fort Ord Army Base. Center, DSAC, which later became the DLA Jack’s health began to decline in 2003, and HON. TOM UDALL System Design Center, DSDC. In 1982, she in the summer of 2004, he resigned during his OF NEW MEXICO returned to the Ogden installation, becoming seventh term. Jack was tough but fair, and IN THE HOUSE OF REPRESENTATIVES worked hard in the service of his community. branch chief with responsibility for all oper- Tuesday, February 27, 2007 ations and administrative systems and proce- He will be greatly missed. dures. In 1985, Ms. Campbell was promoted Madam Speaker, I rise to honor Jack Mr. UDALL of New Mexico. Madam Speak- to division chief, assuming additional responsi- Barlich, who courageously served his commu- er, on February 16th I missed rollcall vote No. bility for a $30 million depot modernization nity during his lifetime. 102, final passage of the Small Business Tax program. In 1989, Ms. Campbell reached a f Relief Act. Had I voted, I would have voted ‘‘aye.’’ career benchmark with her selection as deputy IN REMEMBRANCE OF SERGEANT f director, Office of Technology and Information MAJOR JOSEPH J. ELLIS Services. ON THE INTRODUCTION OF H.R. In 1990, Ms. Campbell was selected by the 1194, THE TELEPHONE EXCISE Office of Secretary of Defense, OSD, to be the HON. DENNIS J. KUCINICH TAX REPEAL ACT OF 2007 deputy for the Corporate Information Manage- OF OHIO ment Distribution prototype group. This group IN THE HOUSE OF REPRESENTATIVES was chartered to develop a standard distribu- Tuesday, February 27, 2007 HON. GARY G. MILLER tion system for use throughout the Department OF CALIFORNIA of Defense. In 1991, Ms. Campbell was reas- Mr. KUCINICH. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES today to honor the extraordinary life and signed to DLA’s Defense Distribution Systems Tuesday, February 27, 2007 Center as its business manager. Ms. Camp- achievements of Sergeant Major Joseph J. bell was instrumental in selecting the migration Ellis, the true definition of an American hero. Mr. GARY G. MILLER of California. Madam system for deployment to the then 30 DLA dis- Throughout his life, Sergeant Major Ellis dis- Speaker, I rise today in strong support of the tribution sites. In 1993, Ms. Campbell returned played the highest qualities of sacrifice, patri- Telephone Excise Tax Repeal Act of 2007. As to the OSD Comptroller’s Office of Financial otism, and service. the sponsor of this legislation in previous ses- Review and Analysis. From 1995 until her ap- Sgt. Maj. Ellis enlisted in the Marines in sions of Congress, I thank my colleagues in pointment to deputy commander, she served 1984 and moved up in rank, mostly in recon- the majority and members of the Ways and as director, Distribution Operations with the naissance units, and trained as a radio oper- Means Committee for recognizing the value of Defense Distribution Center. ator. In 1985, he was elevated to the rank of this important issue. Congress must continue Ms. Campbell attended Weber State Univer- corporal and, 2 years later, joined the 3rd Re- to work together in a bipartisan fashion, build- sity and is the recipient of numerous special connaissance Battalion in Okinawa, Japan, ing on momentum from last year’s cosponsor- achievement and performance awards includ- where he served as team communicator and ship by 220 members, to abolish this tax. I am ing the 2005 Presidential Distinguished Execu- radio supervisor in the battalion communica- proud to join with my colleagues today to in- tive Rank Award, the 2002 Presidential Meri- tions platoon. Later Ellis was called to Camp troduce the Telephone Excise Tax Repeal Act torious Executive Rank Award, the Distin- Pendleton, California for duty with the School in the 110th Congress, which will eliminate the guished Order of Saint Martin, and the Military of Infantry, and served as radio supervisor in three percent tax on all telecommunications Ancient Order of Saint Christopher award in the communications platoon. services. recognition of her contributions to transpor- When his country needed his service, Ellis The federal excise tax on telecommuni- tation initiatives. answered the call and was deployed to Saudi cations services was used to pay for the

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00145 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4788 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 February 27, 2007 Spanish-American War in 1898. This tax was Mr. Del Boccio cemented his commitment to Perhaps most notable is Lee’s work to intended to tap only the wealthiest 1,400 tele- public service by being a member of various found the Thursday Morning Roundtable, phone owners. However, with more tele- community organizations, including the Hobo- TMR, 41 years ago. The organization is a phones than people in the United States ken Memorial September 11th and Pier C public service speaker series that was created today, this excise tax represents the polar op- Park Waterfront Steering Committees, and to provide an environment where people who posite of a luxury tax, and merely serves to taking active rolls as Co-Chairman of the were interested in political and civic issues raise prices for consumers. Youth Advisory Committee and Co-Founder of could discuss their ideas and opinions. Lee’s Telephone tax revenues once used to pay the Neighborhood Block Watch Committee. foresight in founding TMR as a forum for for the Spanish-American War are deposited His dedication won him the Christopher Co- thoughtful study and exchange laid the in the General Fund. Unlike the gas tax, which lumbus Award for Community Service in 2005. groundwork for other civic involvement initia- directs revenues to the Highway Trust Fund, It is my privilege and honor to recognize tives in our community, like FOCUS Greater no specific account exists to redirect money Richard Del Boccio for his dedication to Hobo- Syracuse and Syracuse University’s Tomor- collected from the telephone ‘‘luxury’’ tax. ken and the people of New Jersey. I ask that row’s Neighborhoods Today, TNT. Other items subject to a ‘‘luxury’’ tax include my colleagues join me in wishing him, his Mr. Lee Smith passed on February 6 of this airplane tickets, beer and liquor, firearms and wife, children, and grandchildren continued year at the age of 88, and his life will be cele- cigarettes. Obviously, a telephone is a neces- health and happiness in the future. brated at a memorial service on February 18. sity, and thus does not fit with this list of ‘‘lux- f Lee’s commitment and dedication to serving ury’’ items. the community and educating others has Last year, the U.S. Treasury Department COMMEMORATING 60TH ANNIVER- been, and will continue to be, an important conceded the legal dispute over the federal SARY OF THE ‘‘228 INCIDENT’’ IN asset to our community. I thank his wife Alice excise tax on long-distance telephone service. TAIWAN and the entire Smith family for sharing Lee After 11 consecutive courtroom losses by the with our community all these years. Internal Revenue Service (IRS), Treasury Sec- HON. THOMAS G. TANCREDO f retary John Snow announced that collection of OF COLORADO FREEDOM FOR RAMO´ N the three percent excise tax on long-distance IN THE HOUSE OF REPRESENTATIVES ´ and bundled services would end on July 31, VELAZQUEZ TORANZO Tuesday, February 27, 2007 2006. In fact, the IRS is issuing refunds of tax on long-distance service for the past 3 years. Mr. TANCREDO. Madam Speaker, I rise HON. LINCOLN DIAZ-BALART This year, taxpayers may apply for refunds on today to commemorate the 60th anniversary of OF FLORIDA their 2006 tax forms. The Treasury’s action is the ‘‘228 Incident’’ in Taiwan. IN THE HOUSE OF REPRESENTATIVES On February 28, 1947, the arrest of a ciga- a step in the right direction, and it is finally Tuesday, February 27, 2007 time for Congress to put an end to this hidden rette vendor in Taipei triggered large-scale tax on local telecommunication services. protests there against military repression of Mr. LINCOLN DIAZ-BALART of Florida. The telephone tax burdens our communica- Taiwan’s residents. Madam Speaker, I rise today to speak about tion abilities and is destructive to technological Madam Speaker, while the protests the Ramo´n Vela´zquez Toranzo, a political prisoner innovation. It must be repealed immediately. I event sparked were quashed in the days and in totalitarian Cuba. urge my colleagues to build upon the suc- weeks following the initial incident, the event Mr. Vela´zquez is a pro-democracy activist cesses we have had in the past and to help had far reaching implications. and independent journalist for Libertad, a American taxpayers win the war on their wal- Over the next half-century, the movement small independent news agency founded by lets once and for all. that grew out of the event helped to pave the Jose´ Luis Garcı´a Paneque, a political prisoner f way for Taiwan’s momentous transformation jailed during the condemnable March 2003 from a dictatorship to thriving and pluralistic ‘‘Black Spring’’ crackdown. His peaceful activi- IN HONOR OF RICHARD DEL democracy. ties and truthful articles have helped expose BOCCIO In some ways, the 228 incident was Tai- the nightmarish reality that is the Castro re- wan’s ‘‘Boston Massacre.’’ gime. Unfortunately, for this very reason he HON. ALBIO SIRES Madam Speaker, I hope Members will join has been targeted by the tyrant’s machinery of OF NEW JERSEY me in commemorating this important historical repression, as part of its effort to silence the IN THE HOUSE OF REPRESENTATIVES event, and I look forward to the day that we brave men and women of Cuba’s pro-democ- can welcome Taiwan’s elected President to racy movement. Tuesday, February 27, 2007 Washington, DC. On December 10, 2006, International Mr. SIRES. Madam Speaker, I rise here f Human Rights Day, Mr. Vela´zquez Toranzo, today to honor an outstanding resident of the began a march for Cuban Dignity in Eastern City of Hoboken. Richard Del Boccio is retiring HONORING MR. LEVI LEE SMITH Cuba at the shrine of Our Lady of Charity, after 40 years of dedicated service as an edu- Cuba’s patron saint, demanding freedom for cator and public official. HON. JAMES T. WALSH all Cuban political prisoners, respect for Mr. Del Boccio, who was born and raised in OF NEW YORK human rights, and the cessation of repression Hoboken, began his career in education in the IN THE HOUSE OF REPRESENTATIVES against peaceful pro-democracy activists. Mr. early 1960s, and for 15 years made his mark Vela´zquez Toranzo, who was marching with in the lives of thousands of students as Prin- Tuesday, February 27, 2007 his wife, Barbara Gonza´lez Cruz, and his cipal of the Salvatore Calabro School. Later, Mr. WALSH of New York. Madam Speaker, daughter, Rufina Vela´zquez Gonza´lez, in- as Interim Superintendent, Adjunct Professor I rise today in tribute to the late Mr. Levi ‘‘Lee’’ tended to travel 950 kilometers by foot in hope at St. Peter’s College and State Appointed Smith who served his central New York com- of ending their march for freedom in Havana. Principal Mentor, he continued to mold and munity in a number of unique ways. On their journey, Mr. Vela´zquez Toranzo, oversee the Hoboken School System, inspiring He founded the Onondaga Citizens League, his family and other marchers were detained students and faculty alike, and setting and ex- OCL, which promotes civic education and in- twice in Ciego de A´ vila and Camaguey, Cuba, ample for young minds to follow. volvement in public affairs. Organized in 1978, for peacefully advocating for the most basic Richard Del Boccio’s teaching and men- the OCL has offered the community studies on freedoms for the Cuban people. Despite being toring led him to fight for the improvement of local government consolidation, voter partici- detained, nearly being run over twice by State his community as a public official. Elected Ho- pation, area health services, the quality of Security Thugs, and knowing full well the bru- boken Councilman at Large, he became in- local arts, and community housing assess- tal consequences that await those who speak volved in the betterment of his native city and ments among others. the truth under the nightmare that is the Cas- the lives of his constituents. Mr. Del Boccio Lee’s Institute for Retired Professionals of- tro tyranny, they continued their peaceful became City Council President and retires as fers local retirees the opportunity to remain in- march for human rights and dignity. Councilman of the Second Ward of the City of tellectually active in community affairs after re- On January 23, 2007, 18 days after begin- Hoboken. tirement. ning his peaceful march for dignity, Mr.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00146 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 4789 Vela´zquez Toranzo and his family were ar- part of his ministry, he has gone above and Arredondo. Jose´ has served as the Executive rested for a third time in the city of Ciego de beyond the call of duty to help families seek- Director of the Spanish Speaking Citizen’s A´ vila. His wife and daughter were released but ing guidance and support. On one occasion Foundation (SSCF) in Oakland since 1986. Mr. Vela´zquez Toranzo was held at a police the Pastor dropped everything and drove to an Throughout his career, Jose´ has been known station and then transferred to the ‘‘El Tı´pico’’ area hospital to pray with a family following for his tireless work on behalf of the Latino provincial prison. And there, after months of their father’s stroke, even though they were community and the community at large. This harassment by State Security thugs, Mr. not members of his congregation. His career year Jose´ celebrates his retirement after 20 Vela´zquez Toranzo was ‘‘sentenced’’ to suffer has been built on working for Christ, not blind- years of unparalleled service to the SSCF, 3 years of horror in the squalor of a subhuman ly following denominations and labels. and many more to the entire Bay Area com- gulag for his supposed crime, ‘‘anti-social con- Madam Speaker, Pastor Drankwalter’s dedi- munity. duct.’’ cation to the Lord and to the Lutheran Church Jose´ holds a B.A. in sociology and an M.S. Madam Speaker, Mr. Vela´zquez Toranzo is has served as an inspiration to thousands in counseling from California State University, languishing in an infernal gulag just 90 miles throughout Hernando County. His ministry has East Bay. Over the years, Jose´ has served from our shores. It is as inconceivable as it is touched the hearts of many, and the Church the residents of the 9th Congressional District unacceptable that, while the world stands by has continued to grow under his leadership. in a number of different roles, and his profes- in silence and acquiescence, independent Pastor Drankwalter is to be commended for sional expertise is supplemented by his deep journalists who write the truth about totali- his years of service, his commitment to the commitment to building and maintaining the tarianism are jailed and tortured simply for ex- Lord, and for serving the men and women spirit of community. posing truth. We must demand immediate who rely on his counsel and wisdom. Pastor Jose´ came to the Spanish Speaking Citi- freedom for Ramo´n Vela´zquez Toranzo and Drankwalter is a shining example of the good zens’ Foundation in 1985. Under his leader- all political prisoners in totalitarian Cuba. that serving Jesus Christ can bring to our ship, the SSCF evolved into an organization that facilitates inclusiveness by reducing bar- f friends and families, and he will be sorely missed by the entire community. riers to economic opportunity, healthcare and RECOGNIZING REV. RICHARD education for Latinos in our community. Jose´ f DRANKWALTER ON THE OCCA- broadened the scope and vision of the SSCF SION OF HIS RETIREMENT SUPPORTING THE GOALS AND to empower the individual and the community IDEALS OF WORLD WATER DAY to improve the quality of life, while enriching HON. GINNY BROWN-WAITE the cultural heritage of Latinos. By working OF FLORIDA HON. EARL BLUMENAUER with other agencies, he has not only expanded IN THE HOUSE OF REPRESENTATIVES OF OREGON the SSCF’s network of contacts, but also worked to further the organization’s services. IN THE HOUSE OF REPRESENTATIVES Tuesday, February 27, 2007 Jose´’s leadership has been crucial here in Ms. GINNY BROWN-WAITE of Florida. Tuesday, February 27, 2007 Oakland, and has made education, social Madam Speaker, I rise today to honor the Mr. BLUMENAUER. Madam Speaker, today services and healthcare vastly more available Rev. Richard Drankwalter, the outgoing Pastor I am introducing a resolution supporting the and accessible to all members of our commu- of Christ Lutheran Church in Brooksville, Flor- goals and ideals of World Water Day, along nity. ida. For nearly 37 years, Pastor Drankwalter with Congresswoman EDDIE BERNICE JOHN- In addition to his stellar work leading the has served the Lutheran Church with honor SON, the Chair of the Transportation & Infra- SSCF, Jose´ has been and continues to be and distinction, all in the name of Jesus structure Subcommittee Water Resources and heavily involved in a number of other boards Christ. the Environment. and organizations here in the Bay Area and Born on July 4, 1944, in Queens, New York, Every 15 seconds, a child dies from lack of elsewhere. He has served the community Pastor Drankwalter has dedicated his life to access to safe drinking water and sanitation. through his involvement with organizations serving the Church. Earning his Bachelor of This resolution is intended to help us raise such as the Oakland Community Organiza- Divinity and Master of Divinity from Concordia awareness of this leading cause of prevent- tions (OCO); Educational Coalition of Hispanic Theological Seminary in Springfield, Illinois in able death. Organizations (ECHO); Latinos for Affirmative 1970, he spent an early part of his career as For the last 15 years, March 22nd has been Action; and the Spanish Speaking Unity Coun- Pastor of the Peace Lutheran Church in designated as World Water Day in order to cil. Scranton, Pennsylvania. Pastor Drankwalter draw attention to the global water crisis and Furthermore, Jose´ has been recognized for then moved on to serve the Church in Illinois inspire action to alleviate this unnecessary his exceptional service with numerous awards, and New York, eventually moving to tragedy. While over the past 20 years, two bil- such as the Marcus Foster Alumni Award; a Brooksville, Florida in 1986. Pastor Drankwal- lion people have gained access to safe drink- Personnel Administration Certificate from Cali- ter has been a minister at Christ Lutheran in ing water, approximately one in six people in fornia State University, East Bay; and the His- Brooksville for nearly 20 years. the world are still without this most basic build- panic Chamber of Commerce Professional Pastor Drankwalter joined Christ Lutheran ing block of life. Community Service Award. following service as pastor of Trinity Lutheran Last Congress, the House and Senate both Today the friends, family and colleagues of Church in Silver Creek, New York. At the time passed the ‘‘Senator Paul Simon Water for the Jose´ Arredondo have come together to cele- of his appointment there were 168 members Poor Act,’’ which made safe drinking water brate not only his retirement, but also his leg- of Christ Lutheran; today there are over 600. and sanitation key priorities in U.S. foreign as- acy of service and his permanent and positive A sure sign of his family’s commitment to the sistance. However, much more needs to be impact on our community. On this very special area, both his wife Paula and his daughter done both at home and abroad to ensure safe, day, I join all of them in thanking and saluting Jennifer have served as teachers in Hernando affordable, and sustainable access to water for Jose´ for his profound contributions to Califor- County. The Pastor himself ran for Hernando people everywhere. nia’s 9th Congressional District, our country County School Board and that is where I first I invite my colleagues to cosponsor this im- and our world. met him. portant resolution. f In addition to this service, Pastor f HONORING JEREMY RABINOVITZ Drankwalter and his wife Paula have been ´ very involved in local church and civic organi- HONORING JOSE ARREDONDO zations, including the Brooksville Ministerial HON. LOIS CAPPS OF CALIFORNIA Association, the Hernando County Youth As- HON. BARBARA LEE IN THE HOUSE OF REPRESENTATIVES sociation, the Brooksville Kiwanis Club, and OF CALIFORNIA Tuesday, February 27, 2007 served on the Board of Directors of the Com- IN THE HOUSE OF REPRESENTATIVES mittee Against Assaults on Law Enforcement Mrs. CAPPS. Madam Speaker, I rise today Officers. Tuesday, February 27, 2007 on behalf of my California district staff. They For nearly 37 years, Pastor Drankwalter has Ms. LEE. Madam Speaker, I rise today to would like to honor Jeremy Rabinovitz as he tended to the needs of his congregation. As a honor the extraordinary career of Jose´ prepares to go to the ‘‘dark side.’’

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00147 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4790 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 February 27, 2007 For the past 10 years Jeremy has led a va- preme Allied Commander in Europe. She re- Vi passed away in her Yucaipa home riety of personalities with a variety of interests. ceived a certificate signed by General Eisen- amongst the comfort of her family at the age He was able to take a group of passionate, hower expressing ‘‘the gratitude and apprecia- of 75 on February 6, 2007. idealistic former volunteers from a Congres- tion of the American people for gallant service She was born on June 22, 1931 in Houston, sional campaign, who in 1996 did what in assisting the escape of Allied soldiers from TX, but called the Inland Empire home for seemed like the impossible, won a Democratic the enemy.’’ most of her life. seat in a district that had been held by a Re- Years later, Diet was recognized by the Vi was a dedicated public servant. She de- publican for almost 50 years, and turned them Government of The Netherlands for her acts voted herself to advancing her community, into a functioning Congressional district staff. and also received a letter of commendation fighting injustice, and engaging herself politi- Not all of the district staff has had the pleas- from President Ronald Reagan in 1982. In that cally by supporting Democratic and Latino ure to be entertained by his top ‘‘10 things that letter, President Reagan noted that she candidates. a chief of staff doesn’t want to hear from his ‘‘helped write one of the great chapters in the I still remember meeting with her, the day Member of Congress.’’ Not all of the district annals of bravery,’’ adding, ‘‘In risking your she and her husband Jess developed the staff has had the opportunity to experience safety to adhere to a higher law of decency Latino Chicano Democratic Club. one of his occasional visits to the district. Nor and morality, you have set a high and fearless Vi’s involvement with Democratic clubs, has the district staff had the opportunity, dur- standard for all those who oppose totali- voter registration and her passion for improv- ing the Special Election, to be serenaded at 5 tarianism.’’ ing the lives of Latinos in the Inland Empire a.m. on Election Day by his rendition of ‘‘Sun- She is now nearly 87 years old, and I am are just a few areas in which she inspired rise, Sunset.’’ Neither have very many staff humbled by her excitement to become a U.S. those of us who know her. experienced the sight of Jeremy walking a Citizen after first coming to our country on De- Vi was also a business woman and financier predominately Spanish speaking precinct with cember 31, 1960. This morning at 10 a.m., for 37 years. The business that she and Jess a 3 x 5 card that said, ‘‘A votado hoy?’’ she was sworn in as a citizen by the Hon. owned earned her the recognition as one of Not only did JR lead a variety of personal- Robert Holmes Bell in a private oath cere- the most successful business partners in the ities, he was quite adept at impersonating a lot mony in Grand Rapids, MI. Although I was un- area and was the catalyst for Vi’s commitment of leaders—religious leaders. He had an un- able to attend the ceremony due to our duties to the betterment of her community. It also canny ability to invoke the Lutheran minister, here in Washington, I hope the members of served as the central point within the commu- the African American preacher and the Jewish this House of Representatives will join me in nity, where many local leaders discussed polit- rabbi. Had he stayed around a few more thanking Ms. Eman for her incredible acts of ical, economic, and social issues. years, he no doubt would have mastered the bravery and congratulating her upon becoming Some of her many accomplishments in- Muslim imam, or become an enlightened Bud- a citizen of our country. clude: President and member of the 65th As- sembly District committee, vice-chairwoman of dhist. Jeremy has indeed enlightened us in f many ways. the party’s Chicano-Latino Caucus, and mem- HONORING CHET AND SYLVIA There are far too many comments that staff ber of the San Bernardino County Democratic MORGAN wanted to include in this honorable document. Central Committee since 1996. Vi was also the founding member of the The one sentiment, not to be confused with Yucaipa Democratic Club, the Comision sediment, both of which this district has much HON. JOE COURTNEY Femenil Mexicana Nacional, and the Chicana of, was that every district staff member appre- OF CONNECTICUT Service Action Center. ciated the confidence he had in them. IN THE HOUSE OF REPRESENTATIVES She is survived by her husband of 56 years, Madam Speaker, the time has come for all Tuesday, February 27, 2007 Jesus (Jess) Munoz, Sr., sons Jesus Munoz, of us, the Capps Family of the past and Mr. COURTNEY. Madam Speaker, I rise Jr., and Kenneth Munoz, daughter Beverly present, to send our good wishes and our in- today to congratulate and honor Chet and Syl- Munoz, five grandchildren and six great grand- describable affection, for this remarkable man via Morgan, of Vernon, CT. The Morgans re- children. who was our ‘‘Chief of Staff.’’ Shalom and cently celebrated their golden wedding anni- Vi has left behind a wonderful legacy of mazel tov! versary at the Rockville Elks Carriage House community and political activism. The many f in Rockville, CT. relatives and friends who loved her dearly, CELEBRATING THE NATURALIZA- On January 26th, 1957, Chet and Sylvia know that she will be missed. Vi touched us TION OF BERENDINA R.H. (DIET) married at St. Bridget Church in Manchester, all with her kind deeds and leadership in our EMAN CT. Fifty years later, Chet and Sylvia are still community. happily married, recently renewing their wed- My wife Barbara, my family and I extend our ding vows at St. Joseph Church in Rockville. deepest condolences to Vi’s family. May God HON. VERNON J. EHLERS Chet and Sylvia are the proud parents of bestow his comfort upon them at this time. OF MICHIGAN three, grandparents of eight, and great-grand- f IN THE HOUSE OF REPRESENTATIVES parents of four. One of their grandsons, Kody, RECOGNIZING THE PEACE CORPS Tuesday, February 27, 2007 is a Connecticut National Guardsman currently serving in Iraq. I know that Chet and Sylvia VOLUNTEERS FROM OREGON’S Mr. EHLERS. Madam Speaker, I rise today 3RD DISTRICT to celebrate Ms. Berendina R.H. (Diet) Eman, are especially proud of his service to our who this morning became one of the newest country. On behalf of my hometown of Vernon and HON. EARL BLUMENAUER citizens of our United States of America. Connecticut’s Second Congressional District, I OF OREGON Ms. Eman is a native of The Netherlands, congratulate the Morgans and wish them all IN THE HOUSE OF REPRESENTATIVES but has been a lawful, permanent resident of the best in the years to come. the United States in Grand Rapids, MI, for Tuesday, February 27, 2007 more than 4 decades. Ms. Eman deserves f Mr. BLUMENAUER. Madam Speaker, Presi- special recognition because during World War VIOLA DELEON MUNOZ dent Kennedy, speaking 46 years ago at the II, she was a member of the Dutch Under- establishment of the Peace Corps, remarked ground Resistance to the Nazi occupiers of HON. JOE BACA that, ‘‘The initial reactions to the Peace Corps The Netherlands. As a young woman, Diet OF CALIFORNIA proposal are convincing proof that we have, in bravely and courageously saved the lives of this country, an immense reservoir of such IN THE HOUSE OF REPRESENTATIVES countless Jewish Dutch citizens, helped nu- men and women—anxious to sacrifice their merous Allied soldiers escape from Axis Tuesday, February 27, 2007 energies and time and toil to the cause of forces and ultimately was imprisoned in the Mr. BACA. Madam Speaker, it is with deep world peace and human progress.’’ What was Vught concentration camp for her activities. affection that I tribute to the life of Viola true in 1961 is true today; Peace Corps Volun- For these many acts of bravery, Ms. Eman DeLeon Munoz, long time San Bernardino teers are an outstanding group of men and was recognized immediately after the war by community political leader and dear friend, women serving the cause of humanity across GEN Dwight David Eisenhower, then the Su- better known by those who loved her as Vi. the globe.

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00148 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 27, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 4791 During this National Peace Corps Week, I January 28th after a year long struggle with Captain Harry Orlady was a pioneer in the want to honor the service and commitment of cancer. Born in Hartford, CT, and eventually area of aero medical research and aviation the Peace Corps Volunteers from Oregon’s residing in the State of Massachusetts, Mrs. human factors. He had a lifelong passion to 3rd Congressional district and express my Stone leaves behind a great legacy through improve aviation safety in order to, in his pride in my fellow Oregonians who have cho- her leadership roles and tireless volunteer words, ‘‘make the system better for people sen to devote years of their lives in service to work in many distinguished organizations, as who use it.’’ He wrote and delivered more than others. well as through her friends and family who 100 papers and presentations, conducted In particular, I want to recognize those loved her dearly. studies on medical disabilities, pilot incapacita- Peace Corps Volunteers who have begun their Born to the late Janet and Yale Cohn, Mrs. tion, and flight crew complement. He was the service in the past year: Annie Crater (Hon- Stone demonstrated a passion for success at originator and principal developer of United duras), Michelle Gerdes (Tanzania), Benjamin a young age. As Mrs. Stone’s sister Barbara Airlines’ Flight Safety Awareness Program, the Grace (Niger), Eli Mechanic (Morocco), James Gordon recalls, she was actively involved in fIrst formalized and effective non-punitive inci- Murphy (Mali), Nicole Probst (Malawi), her years as a young woman at Weaver High dent reporting system, which was the model Radhika Reddy (Burkina Faso), Michael School, working on the school newspaper and for the NASA Aviation Safety Reporting Sys- Thoeresz (Belize), and Lauren Towery (Roma- eventually graduating as valedictorian of her tem. Captain Orlady initiated work on pilot in- nia). class in 1957. She went on to graduate with capacitation research at United, and he was Their work to empower people and commu- degrees from Brandeis University and Leslie the originator of the ‘‘two communication rule’’ nities in developing countries is an invaluable College. Dedicating her life to helping others, that has been a mandatory procedure for contribution to creating a safe and prosperous Mrs. Stone served in numerous leadership years at most of the world’s airlines. world, building bridges between America and roles for many different organizations, ranging Harry Orlady initiated ‘‘human factors’’ re- the world, and establishing a better future for from The Foundation for Children’s Books to search and practices before the importance of people everywhere. local Brownie and Cub Scout troops, and an those concepts was understood and widely f elementary school PTA president. accepted in the aviation industry. Prior to that Known widely throughout the Jewish com- time, the aviation community was apt to label TRIBUTE TO THE NATIONAL AC- munities, Deanne Stone worked tirelessly with most accidents as ‘‘pilot error’’ and simply TIVE AND RETIRED FEDERAL numerous organizations closely connected move on without understanding how the sys- EMPLOYEES ASSOCIATION with her faith. She was the Executive Director tem and the equipment contributed to these at Maimonides School and Temple Israel of errors, which were the primary cause of air- HON. JIM SAXTON Boston. She became the founding president of craft accidents. OF NEW JERSEY the Women’s Division of the Greater Fra- Harry Orlady served as a mentor to numer- IN THE HOUSE OF REPRESENTATIVES mingham Jewish Federation, and served with ous young researchers at NASA and at the her husband, Harvey, as the co-editor of the Nation’s colleges and universities. At a time Tuesday, February 27, 2007 Jewish Reporter. when the airlines did not take human factors Mr. SAXTON. Madam Speaker, I rise today Her passion for working within the Jewish principles seriously, Harry Orlady worked tire- to honor the Harry H. O’Claire Chapter #637 community was acknowledged by receiving lessly to provide access to these young re- of the National Active and Retired Federal the honor of being named the national chair searchers, with the result that human factors Employees Association (NARFE), on the occa- for the National Women’s Department of the principles would ultimately become part of the sion of its 50th anniversary. Council of Jewish Federations. Her faith and standard curriculum at all major airlines, world- Chartered in 1957 and located in Lakewood, diligence was also recognized through an invi- wide, and they remain so today. NJ, Chapter #637 has maintained an abiding tation to the White House to celebrate the As a direct result of Captain Orlady’s tire- commitment to developing, promoting and im- signing of a historic peace treaty between less efforts to raise awareness with senior plementing policies and programs to enrich Egypt and Israel. aviation decisionmakers, training concepts the quality of life in its community. Its mission Madam Speaker, I ask my colleagues to join such as Crew Resource Management (CRM) and focus has remained constant, and its ef- me today in honoring the life of Mrs. Deanne became recognized and accepted as an es- forts to protect and improve the retirement C. Stone. Her tireless dedication to the local sential element of all military and civilian flight benefits of Federal retirees, employees and and Jewish community has touched and in- training programs. Human factors training pro- their families have remained strong. spired those who knew Mrs. Stone, and will grams are now required by the Federal Avia- Throughout my time in Congress, it has continue to resonate through her achieve- tion Administration (FAA), and by most of the been a privilege and a pleasure to work with ments. My thoughts and prayers are with her world’s civil aviation authorities, as well as in Chapter #637, and in particular, my good friends and family, especially her husband International Civil Aviation Organization friend, Frank Spatola, the current Legislative Harvey, and the families of her children Mat- (ICAO) Annexes. Chair. Over the years, we have worked to- thew and Allison, and sister Barbara. The Captain Harry Orlady was active in the Air gether on behalf of seniors and retirees in Hartford community is thankful for having the Line Pilots Association serving multiple terms Ocean County, NJ, on a variety of issues—in- honor of knowing Mrs. Deanne Stone. on the Negotiating Committee, System Board, cluding health care, Social Security, and other f as Chair of Council 12, and was founder of issues of importance to this community. the Medical Committee. He strongly believed I congratulate the Harry H. O’Claire Chapter HONORING CAPTAIN HARRY W. that pilots should not have to retire at age 60. of NARFE on its 50th anniversary, and salute ORLADY’S CAREER AS A PIO- To support that belief, and he completed the its exemplary history as an organization of NEER IN AVIATION SAFETY Honolulu Marathon at age 59 in 4 hours and concerned, responsible and involved citizens. I HUMAN FACTORS 36 minutes. wish my friends at Chapter #637 many more Retirement from United in 1980 did not slow years of success. HON. JAMES L. OBERSTAR Harry Orlady down. He counted among his f OF MINNESOTA post-retirement contributions: 9 years as a IN THE HOUSE OF REPRESENTATIVES senior research scientist with NASA’s Aviation HONORING THE LIFE OF DEANNE Safety Reporting System; an FAA consultant STONE Tuesday, February 27, 2007 in the certification of the B747–400 and MD– Mr. OBERSTAR. Madam Speaker, I rise to 11; and co-author, with his daughter Linda, a HON. JOHN B. LARSON honor a true pioneer in aviation safety and B767 Captain at United, of a well-received OF CONNECTICUT human factors, on his distinguished career of book Human Factors in Multi-Crew Oper- IN THE HOUSE OF REPRESENTATIVES service to the safety of world-wide aviation. ations, which has sold more than 4,000 cop- Captain Harry W. Orlady passed away peace- ies. Tuesday, February 27, 2007 fully in his sleep on February 7, 2007 at age Captain Orlady received numerous awards Mr. LARSON of Connecticut. Madam 86. A memorial service and reception will be for his hard work including United’s W. A. Pat- Speaker, I rise today to pay great honor to held on Friday, March 2, 2007 in Los Gatos, terson Award, the Aerospace Medical Associa- Mrs. Deanne C. Stone, who passed away on CA. tion’s Harry G. Mosely Award, induction into

VerDate Sep 11 2014 12:09 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00149 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR27FE07.DAT BR27FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4792 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 February 27, 2007 the Wisconsin Aviation Hall of Fame, and as tunity to salute him for his many years of serv- ternity, and has served as the Sire Archon an elected Fellow of the Aerospace Medical ice. (president) of Alpha Gamma Boule´ of Sigma Association. However, Harry Orlady would tell Bob graduated from Merrit College in 1963 Pi Phi Fraternity. Bob is a former president of you that the main satisfaction of his work and the University of California, Berkeley the Charles Houston Bar Association of the came from his peers, from people who told School of Law (Boalt Hall) in 1973. There he San Francisco Bay Area, and in 1970–1980, him that he made a difference, and most of had a memorable career, where he was an he served as president of the National Bar As- all, from watching those whom he coached associate editor for the California Law Review. sociation. He is one of the founders of the and mentored make contributions to the indus- He was admitted to the California State Bar on California Association of Black Lawyers, and try. December 13, 1972, and was a State bar ex- served as a member of the Board of Commis- Aviation aside, Harry Orlady’s main interest amination grader from 1973–1979. He made sioners at the Port of Oakland from 1996– was his family. Harry met the love of his life, continuing education a priority throughout his 2000. Ellen, when she was a stewardess for United career, completing the Harvard Graduate School of Business Advanced Management Bob is also active in energy matters that im- during the DC–3 days. At the time, pact African Americans. He is the second vice stewardesses were required to be registered Program, as well as the Management Devel- opment Program at Duke University’s School chairman and former general counsel of the nurses and also could not continue to fly once American Association of Blacks in Energy. married. Harry and Ellen were blessed to of Business. Almost immediately after his graduation Bob is a board member of the U.S. EPA’s Na- share 59 years of marriage. Besides Ellen, from law school, Bob was invited to join the tional Advisory Council on Environmental Jus- Harry is survived by 4 children: Roger and his legal staff of PG&E. In 1985, he became the tice. the National Energy Policy Commission, wife Nancy; Sue and her husband, John first and only lawyer in PG&E’s history to the California EPA Advisory Committee on En- Brown; Linda and her husband, John Cirino; argue and win a case for the company in the vironmental Justice, and the California League and Craig; as well as his ‘‘bright lights,’’ grand- United States Supreme Court. The issue he of Conservation Voters. children: Stephanie, Steve, and Scott Brown. won pertained to free speech. Bob is well known for his unparalleled dedi- Madam Speaker, Captain Harry Orlady’s In 1989, Bob was selected to become the contributions to aviation safety will be long re- cation to community service and has received manager of one of PG&E’s major operating di- numerous accolades for his work. Among membered and carried on by his many col- visions in its East Bay region in Oakland, CA. leagues and students. He will be greatly them is the NAACP’s highest legal honor, the He was the first lawyer ever appointed to such ‘‘William Robert Ming Award,’’ as well as the missed, but his momentous contributions will a position within PG&E. In that position, he live on forever. National Bar Associations highest honor, the proved his exceptional leadership skills in the ‘‘C. Francis Stradford Award.’’ In July 2005, he f face of disaster on more than one occasion. In also received the Kappa Alpha Psi’s highest 1989, the Loma Prieta earthquake devastated HONORING ROBERT L. HARRIS honor, the ‘‘Laurel Wreath.’’ Currently Bob the Bay Area and damaged PG&E’s facilities. chairs the United Negro College Fund’s Bay Despite the severity of the situation, Bob was Area Advisory Board, and has received its HON. BARBARA LEE able to keep his division afloat and organized. highest honor, the ‘‘Fredrick D. Patterson OF CALIFORNIA Two years later, the Oakland Hills Firestorm, Award.’’ On five different occasions, he was the largest urban firestorm in United States IN THE HOUSE OF REPRESENTATIVES selected by Ebony Magazine as one of the history, struck and devastated our region. Dur- Tuesday, February 27, 2007 ‘‘100 Most Influential Blacks in America.’’ ing this crisis, Bob was once again able to Ms. LEE. Madam Speaker, I rise today to lead a demonstration of commitment to Bay Today, the friends, family and colleagues of honor the extraordinary life and work of Robert Area residents, and PG&E restored service to Robert L. Harris have come together to cele- L. Harris, a native of Oakland, CA. Today Bob the remaining homes in record time. As a re- brate his career and immeasurable contribu- celebrates his retirement from Pacific Gas and sult, PG&E won accolades from throughout tions to our community. On this very special Electric Company (PG&E), where he currently the East Bay for maintaining service to their day, I join all of them in thanking Bob for his serves as the Vice President of Environ- customers, no matter how grave the situation. invaluable service, and for the profoundly posi- mental, Health, Technical and Land Services. In addition to his success with PG&E, Bob tive impact his work has had on countless His outstanding contributions to his company has distinguished himself in numerous en- lives here in California’s 9th U.S. Congres- are second only to what he has given back to deavors within the community. He is an active sional District, across our country and through- our community. I am proud to have this oppor- longtime member of the Kappa Alpha Psi Fra- out the world.

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