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

Vol. 153 WASHINGTON, THURSDAY, FEBRUARY 1, 2007 No. 20 House of Representatives The House was not in session today. Its next meeting will be held on Monday, February 5, 2007, at 2 p.m. Senate THURSDAY, FEBRUARY 1, 2007

The Senate met at 10 a.m. and was to the Senate from the President pro of the Hall of Fame. It was my first called to order by the Honorable tempore (Mr. BYRD). time, during Thanksgiving, to visit the BARACK OBAMA, a Senator from the The assistant legislative clerk read Baseball Hall of Fame, and I came State of Illinois. the following letter: away with the realization of how few U.S. SENATE, PRAYER people are in that Baseball Hall of PRESIDENT PRO TEMPORE, Fame. JIM BUNNING is one of them. We The Chaplain, Dr. Barry C. Black, of- Washington, DC, February 1, 2007. talked a few minutes this morning, and fered the following prayer: To the Senate: Let us pray. Under the provisions of rule I, paragraph 3, I asked him questions, such as: Who Sovereign Lord, permit us to feel of the Standing Rules of the Senate, I hereby are the good catchers who caught you? Your nearness and to know the inspira- appoint the Honorable BARACK OBAMA, a And he said: Lots of them. And we tion of Your presence. May our close- Senator from the State of Illinois, to per- talked today about Clay Dalrymple, form the duties of the Chair. ness to You help us to choose light the man who caught his perfect game, ROBERT C. BYRD, over darkness, love over hate, and good President Pro tempore. and Gus Triandos. over evil. Today, provide for the needs of the Mr. OBAMA thereupon assumed the So just a little offshoot, Mr. Presi- Members of this body. Move among chair as Acting President pro tempore. dent. We are so fortunate to be Mem- them, instructing, lifting, and guiding f bers of the Senate for lots of reasons, them, so that whatever they do in word not the least of which is that we are RECOGNITION OF THE MAJORITY or deed, they will do it to glorify You. able to serve with a member of the LEADER Give them the confidence, security, Baseball Hall of Fame. and peace that comes from developing The ACTING PRESIDENT pro tem- a friendship with You as they open pore. The majority leader is recog- f their hearts to the inflow of Your spir- nized. it. Show them what needs to be f SCHEDULE changed, and give them the courage SENATOR JIM BUNNING and wisdom to do Your will. Mr. REID. Mr. President, this morn- We pray in Your glorious Name. Mr. REID. Mr. President, my goal as ing the Senate will be in a period of Amen. a boy was to be a baseball player. I morning business until 11:45 a.m. The f loved to listen to those baseball games, first 30 minutes will be controlled by and I could see myself in my mature PLEDGE OF ALLEGIANCE the Republicans, and the next 30 min- years chasing balls down in the out- utes will be controlled by the majority. The Honorable BARACK OBAMA led the field and hitting doubles to bring in the There is additional time for Members Pledge of Allegiance, as follows: winning run. That didn’t happen in my I pledge allegiance to the Flag of the life, but I have had the wonderful expe- to speak in morning business until the United States of America, and to the Repub- rience here in the Senate of being able hour of 11:45, if they wish. At that lic for which it stands, one nation under God, time, the Senate will proceed into ex- indivisible, with liberty and justice for all. to talk, as I was for a few minutes this ecutive session to consider three judi- f morning, to a member of the Baseball Hall of Fame, JIM BUNNING. cial nominations. The debate time on APPOINTMENT OF ACTING I hope these pages here understand the three nominations is limited to 10 PRESIDENT PRO TEMPORE that they have a rare opportunity, to minutes; therefore, Members can ex- The PRESIDING OFFICER. The be able to be in the same room, to pect rollcall votes as early as 11:55 this clerk will please read a communication shake someone’s hand who is a member morning.

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

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VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1470 CONGRESSIONAL RECORD — SENATE February 1, 2007 The distinguished Republican leader that we would use these vehicles for de- nominations that were contentious in and I have had a number of conversa- bate. the last session, and I thank the major- tions about judicial nominations, f ity leader for his indication that we which, in the past, have been a real will move forward with Randy Smith, dustup. We are going to try to avoid MEASURES PLACED ON THE who is the nominee for the Ninth Cir- that this year. We hope to have the CALENDAR—H.J. RES. 20 AND S. 470 cuit, before the Lincoln recess. That is first circuit court nomination approved Mr. REID. Mr. President, before I an indication of good faith on his part, before the Presidents Day recess and turn this over to the Republican lead- which is greatly appreciated by me and will continue to work on district court er, there are two bills at the desk for a others on our side. trial judges and circuit court judges as second reading, is my understanding. With regard to Iraq, as the majority soon as we can. The ACTING PRESIDENT pro tem- leader indicated, we continue to be in I personally want the record to re- pore. The Senator is correct. discussions about how to craft that de- flect that I appreciate the President The clerk will report the measures by bate. We certainly agree the debate not sending back four names that were title for the second time. will occur next week, and we are trying really controversial, and I think it is The assistant legislative clerk read to reach a consent agreement that better for the body that the President as follows: would allow us to have several dif- did not send up those names. I think A joint resolution (H.J. Res. 20) making ferent options that would reflect the we have to reciprocate in a way that is further continuing appropriations for the fis- sentiment of most Members of the Sen- appropriate, and we are going to try to cal year 2007, and for other purposes. ate about the current situation in Iraq do that by looking at these nomina- A bill (S. 470) to express the sense of Con- and the decision to go forward and try tions as quickly as we can. We are gress on Iraq. to quiet the capital city of Baghdad. So hopeful and somewhat confident the Mr. REID. Mr. President, I object to those discussions will continue President will send us some good cir- any further proceedings at this time throughout the day. cuit court nominees. with respect to these bills en bloc. With that, Mr. President, I yield the Once we have disposed of the nomina- The ACTING PRESIDENT pro tem- floor. tions, we will resume debate, pore. Pursuant to rule XIV, the meas- postcloture, on H.R. 2, the minimum ures will be placed on the calendar. f wage bill. A vote on this matter should f RESERVATION OF LEADER TIME occur this afternoon. I will discuss that with the Republican leader so that RECOGNITION OF THE MINORITY The ACTING PRESIDENT pro tem- Members will have notice as to when LEADER pore. Under the previous order, leader- that vote will occur. The ACTING PRESIDENT pro tem- ship time is reserved. After we complete action on the min- pore. The Republican leader is recog- f imum wage bill, there will be an imme- nized. diate cloture vote on the motion to f MORNING BUSINESS proceed to S. Con. Res. 2, the bipar- SENATOR JIM BUNNING The ACTING PRESIDENT pro tem- tisan Iraq resolution. Last night, I pore. Under the previous order, there asked consent that we vitiate that clo- Mr. MCCONNELL. Mr. President, the will now be a period for the transaction ture vote. We are still working on that majority leader mentioned the baseball of morning business until 11:45 a.m., to see if we can work something out career of my colleague from Kentucky, with Senators permitted to speak with the Republicans as to whether we JIM BUNNING, and we are immensely therein for up to 10 minutes each, with have that vote. Most Democrats will proud of him in the Commonwealth of the first 30 minutes under the control vote against going forward on that Kentucky, not only as a great U.S. of the Republicans and the second 30 since there is now another matter that Senator but also somebody who lit- minutes under the control of the ma- will come before the Senate, at the lat- erally put our State on the map during jority. est on Monday. But we are working on his athletic career. The Senator from Kentucky. that. I acknowledged last night, as did I might say to these young pages the Republican leader, that the final here, Senator BUNNING is not only a f language of the new matter, which hall of famer in baseball, he is a hall of ROLE OF AMERICAN DIPLOMACY Senator LEVIN introduced last night, famer in life. He has 9 wonderful chil- was just finalized at 8:30 p.m., 9 p.m. dren, 35 grandchildren, maybe even Mr. BUNNING. Mr. President, I last night, so I understand why we some beyond that. So it is an extraor- thank the majority leader and the mi- can’t get anything definitely from the dinary Kentucky family, and I wish to nority leader for their nice words. They minority leader at this time. acknowledge with gratitude the obser- might disagree on certain issues, but I I would also say that we have now in vations the majority leader made of am glad they agree on one thing—that the Senate a continuing resolution my colleague, Senator BUNNING. I finally made it to the U.S. Senate which passed the House by approxi- f after spending 12 years in the House mately 290 votes. We are ready to move and did have a private and professional forward on that. We have to complete NOMINATIONS AND IRAQ life prior to service here in the Federal that legislation by February 15, the Mr. MCCONNELL. Mr. President, I Government. I thank both Senators. Presidents Day recess, or the Federal also wish to thank the majority leader As we prepare to discuss the war in Government is closed, and no one for his remarks about circuit court Iraq, I would like to take a couple of wants that to happen. So we are going judges. We all know the confirmation minutes to discuss the issue of personal to move forward on that. What we of circuit court judges became unneces- responsibility, civility, and the role of would like to do is move forward on it sarily, it seems to me and I think American diplomacy. by unanimous consent. I understand seems to him, contentious at various Since the founding of our great Na- that is not something that is going to times in recent years. I think we are tion, we have had a long and proud tra- happen, or at least at this stage, but at off to a good start this year. dition of international diplomacy. Our least we are ready to move forward as Each of the last three Presidents diplomacy has taken many forms, quickly as possible. The more quickly ended his term with the U.S. Senate in whether it is through official state vis- we dispose of that, the more time we the hands of the opposition party. Each its or through less formal channels, can spend on Iraq, if, in fact, we want of these last three Presidents received such as congressional delegations trav- to spend more time on Iraq. At the an average of 17 circuit court judicial eling to individual countries. What we least, next week is set aside so that we confirmations during those last 2 years all need to remember is that when we can debate Iraq. What we hope is that even though the Senate was in the are on a trip to a foreign country, we we can have a number of competing hands of the opposition party. act as American diplomats. This is resolutions, whether it is two, three, As Senator REID has indicated, the something which I would like my col- four, whatever it is, and to get consent President has not forwarded several leagues to remember, especially when

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We should in need in Africa. vision into battle, oversaw the recon- not use the international stage as an Through the President’s malaria ini- struction and governance of Iraq’s opportunity to denounce our own coun- tiative we have been able to provide third-largest city, and built up from try by making irresponsible comments millions of lifesaving treatments in virtually nothing Iraq’s army and po- that endanger our foreign policy by order to prevent the spread of this de- lice force. sending the wrong messages to our en- bilitating disease. He managed to do this all by earning emies. These international successes often the respect of the Iraqis—all Iraqis— We currently face a critical turning go largely unnoticed and are over- the Kurds, Sunnis and the Shias. point in our Nation’s foreign policy. shadowed by the current debate on the General Petraeus and I talked, just As representatives of this Govern- war in Iraq. the two of us, for nearly an hour in my ment, we need to be responsible with I ask my colleagues to take a mo- office this week. our remarks on foreign soil and to ment this week to reflect upon our for- I asked tough questions. And he re- show some form of civility when airing eign policy successes as well as our sponded with realistic answers about our grievances about our President, current challenges. what it takes for us to succeed in Iraq. our country’s stand on diplomatic I believe that we can build upon our He knows that Iraqis have to live up issues, and the war in Iraq. mistakes and learn from them. While we do have our disagreements We must work collectively on ad- to their end of the bargain. on how this country should proceed, I vancing our national interests instead Now we must show General Petraeus believe we need to iron out these prob- of splintering off and playing into the that we will live up to our end of the lems at home rather than taking them hands of our enemies. bargain and give him the opportunity to an international stage and using Some of the proposed resolutions on to carry out his mission. that opportunity to make politically Iraq send a terrible message to both Some of our colleagues support Gen- offensive comments towards our coun- our troops and allies and only hurt our eral Petraeus but do not support his try. national interests. mission. Saying our country is shameful at an Even more importantly, I believe Many of our colleagues that unani- international forum only hurts our they send a dangerous message to our mously voted to give General Petraeus standing among world leaders we are enemies. his fourth star last week will likely trying to negotiate with on important I do not support these kinds of non- vote in favor of proposed resolutions trade deals and other foreign policy binding resolutions that criticize our that question the very mission that issues such as preventing further inter- plans for Iraq and I plan to oppose General Petraeus testified in support of national conflict. them. before the Senate Armed Services Com- We need to help build up America on They are counterproductive and will mittee. the international stage, not shoot our- not make our problems in Iraq go away This does not make sense to me. selves in the foot by tearing ourselves now or in the near future. Right now we cannot afford to distin- down with statements used for polit- I support working to find real solu- guish between the two. ical gain. tions to the problem at hand, not po- I am not asking my colleagues for an Most Americans do not belong to the litically motivated attempts that offer open-ended commitment, just a little ‘‘Blame America First’’ crowd. Most little or no alternative. more patience—patience to see if this Americans don’t support bashing our I will not participate in this empty new strategy works, patience to see if country on the international stage. political posturing. Iraqis will hold up their end of the bar- Most Americans agree that politics My main focus is on providing moral gain and meet the benchmarks set by ends at the water’s edge. and material support for our troops. both our countries, and finally, pa- The ‘‘Blame America First’’ crowd We must not forget our commitment tience to allow our troops to complete spreads negative sentiment about the to our troops and in turn the commit- their mission. United States, and then wonders why ment they made to our country and the Our troops are committed to their the rest of the world has a low opinion mission in Iraq. mission. Now we owe them our com- I believe they deserve our full sup- of America. They are feeding the very mitment. port, not criticism and idle threats to beast they claim they are trying to This is our last best hope for progress tame. cut their funding. Like many of my colleagues, I was in Iraq. Most Americans are proud of what In his confirmation hearing with the initially skeptical of sending addi- this country stands for. Senate Armed Services Committee, tional reinforcement troops to Iraq, The United States is one of the larg- General Petraeus offered to provide est contributors in economic aid to de- but I believe that we must give the Congress with regular reports on the veloping countries. President’s new strategy a chance to progress of his mission and on the per- We continually work as a Nation to succeed. extend a helping hand to those in need. Abruptly cutting and running is not formance and cooperation of Iraqis. Funding for bilateral and economic a viable option. I plan on taking him up on this offer. assistance has increased consecutively This would only further hinder our We must keep up to date on the situ- over the past 6 years, reaching unprec- efforts in the war on terror and endan- ation in Iraq as it changes so that we edented levels in the international ger our regional allies in the Middle can best help our new commander ad- community. East. dress the situation at hand. We have also taken the lead in the I will support our commander and I wish General Petraeus the best of fight against the spread of HIV and chief in his new way forward in Iraq luck in this mission. AIDS. and will support General Petraeus, our It is a daunting task but I have faith We recognize that this pandemic is new commander of the multinational in him and his leadership capabilities. destroying lives, undermining econo- forces in Iraq, in his efforts to carry I ask my colleagues for their support. mies, and threatening to destabilize en- out this plan. We must show a united front and give tire regions. I believe that General Petraeus is a this plan a chance to succeed. The President’s emergency plan for key component in this new strategy. The cost of failure is too great. We AIDS relief is the largest commitment He is a friend. cannot afford failure in Iraq and the ever made by any nation to combat He has spent many years of his fine international community cannot ei- HIV and AIDS. career stationed at Fort Campbell, KY. ther, so I ask my colleagues to reflect The number of people benefiting from I have the utmost respect for him on these serious issues before we begin this program has grown from 50,000 to and confidence in his leadership skills debating the resolutions concerning 800,000 in 3 years. and judgment. the war in Iraq next week.

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1472 CONGRESSIONAL RECORD — SENATE February 1, 2007 Let us show both our allies and our tion is beginning to have an effect. It is forces should be one of which is to help enemies that we can be united behind clear the Iraqi Government, in its pro- secure the borders. This is something our Nation’s foreign policy. nouncements, has already begun to else that the Iraqis have pledged that I yield the floor. sound a lot different to these terrorists they need to do, particularly in their The ACTING PRESIDENT pro tem- than they did in the past, when the relationships with Syria and Iran. pore. The Senator from Arizona. Iraqi Government didn’t always back Quoting from the same Los Angeles Mr. KYL. Mr. President, first let me up the U.S. efforts. When we would go Times story: compliment my colleague, Senator into an area, we would capture these Iraq indefinitely halted all flights to and BUNNING, for a fine statement. I en- killers, and a couple of days later they from Syria and closed a border crossing with dorse his call for unity. In a time of would be back on the street because Iran as the government prepares for a secu- war, a country needs to be unified, es- somebody with political influence in rity crackdown, a parliament member and an pecially when we send our young men Iraq would see that it happened. airport official said Wednesday, the Associ- and women into harm’s way. They need The idea is the Iraqis are now going ated Press reported. The airport official said to know we support the mission that to take charge and not allow that to that flights to and from Syria would be can- we put them in harm’s way to try to happen. And in addition to U.S. troops, celled for at least two weeks and that service there will be twice as many new Iraqi had been interrupted on Tuesday. Hassan al- achieve. Sunneid, a member of the parliament’s de- I remember years ago I used to see troops helping to make sure it does not fense and security committee, told the AP bumper stickers that said, ‘‘Give peace happen. Here are a few excerpts from that ‘‘the move was in preparation for the a chance.’’ Today we need to dust off the news media. security plan. The State will decide when the some of those bumper stickers, write a From the Washington Post, February flights will resume.’’ couple of extra words in, and give the 1, 2007: So it is already beginning. No resolu- President’s plan for peace a chance. We Shiite militia leaders already appear to be tion passed here in the Senate is going are going to have a debate next week leaving their strongholds in Baghdad in an- to stop this new strategy. It appears to ticipation of the U.S. and Iraqi plan to in- among those who believe the Presi- already be having some success. My dent’s plan deserves a chance to suc- crease the troop presence in the Iraqi cap- ital, according to the top U.S. commander in only concern is the disagreement of ceed and those who disagree. I believe the country. some of our colleagues that it can’t the latter position is dangerous, and it He said: succeed will become a self-fulfilling would be dangerous to express that We have seen numerous indications Shia prophecy, merely because it could em- point of view with a vote of the Senate militia leaders will leave, or already have bolden our enemies and cause our allies in support of a resolution to that ef- left, Sadr City to avoid capture by Iraqi and to wonder whether we still have the fect, especially since it appears people coalition security forces,’’ Army Gen. George will to continue until we have achieved whom we have relied on in the past for W. Casey Jr. said in a written statement sub- our mission in Iraq. But perhaps the advice are also now saying give the mitted to the Senate Armed Services Com- message I am most concerned about President’s plan a chance and because mittee as part of his confirmation hearing that these resolutions would send is today to be the Army chief of staff. events on the ground are beginning to not only to the enemy and to our al- suggest that his plan is already begin- Already beginning to work. The arti- lies, but to our own troops and to their ning to work. cle continues: families. There has been a great deal of discus- Radical Shiite cleric Moqtada Sadr has or- There has been quite a bit of discus- sion about the Baker-Hamilton report. dered his militia not to confront U.S. forces and has endorsed negotiations aimed at eas- sion of a news report on the NBC Critics of the President’s plan have fre- Nightly News last Friday, Brian Wil- quently held that report up as evidence ing the deployment of American troops in his strongholds, according to Sadrist and liams reporting, who specifically called that we need to take a different course other Shiite officials. This is the idea. In upon Richard Engel, who was in Iraq, of action. But yesterday, appearing be- Anbar Province, where the pressure from al- to report on what he had found there. I fore the Senate Foreign Relations Qaida has been very strong, there is now will work through his report, but here Committee, former Secretary of State news that the sheiks in Anbar Province are is what Engel said: James Baker and former Member of the beginning to work with us. Just one report from the Washington Post of January 27: It’s not just the new mission the soldiers House of Representatives Lee Hamilton are adjusting to. They have something else both argued that the President’s plan With the help of a confederation of about 50 Sunni Muslim tribal sheiks, the U.S. mili- on their minds: The growing debate at home should be given a chance to succeed. tary recruited more than 800 police officers about the war. Troops here say they are in- Maybe that surprised the chairman, in December and is on track to do the same creasingly frustrated by American criticism but here is what they testified. Rep- this month. Officers credit the sheiks’ co- of the war. Many take it personally, believ- resentative Hamilton: operation for the diminishing violence in ing it is also criticism of what they have So I guess my bottom line on the surge is, Ramadi, the capital of Anbar province. been fighting for. Twenty-one year-old SP look, the President’s plan ought to be given We have just mounted a big offensive Tyler Johnson is on his first tour in Iraq. He a chance. Give it a chance, because we heard thinks skeptics should come over and see with the Iraqi military in Najaf, and I what it is like firsthand before criticizing. all of this. The general that you confirmed quote from a Washington Post story of 80-to-nothing the day before yesterday, this January 29: Here is what SP Tyler Johnson then is his idea. He’s the supporter of it. Give it a said on the TV news. chance. Iraqi soldiers, backed by U.S. helicopters, stormed an encampment of hundreds of in- Those people are dying. You know what That is Lee Hamilton. surgents hiding among date palm orchards in I’m saying? You may support—‘‘Oh, we sup- Former Senator and Secretary of southern Iraq in an operation Sunday and set port the troops,’’ but you’re not supporting State Baker said: off fierce, day-long gun battles during the what they do, what they share and sweat for, . . . the study group set no timetables and holiest week for the country’s Shiite Mus- what they believe for, and what we die for. It we set no deadlines. We believe that military lims. Iraqi security officials said that the just don’t make sense to me. commanders must have the flexibility to re- troops killed scores of insurgents while foil- Richard Engel then said: spond to events on the ground. ing a plot to annihilate the Shiite religious leadership in the revered city of Najaf. Staff SGT Manuel Sahagun has served in And he said, in response to a Senator: Afghanistan and is now on his second tour in Senator, one of the purposes of the surge, There is also political movement in Iraq. He says people back home can’t have it as I’m sure you have heard from General the country. Let me quote from a story both ways. Petraeus, when you confirmed him, is to give from the Los Angeles Times of Feb- the Iraqi government a little more running And now Staff SGT Manuel Sahagun ruary 1: is on the camera and says: room in order to help it achieve national rec- Sunni and Shiite Arab lawmakers an- onciliation by tamping down the violence or nounced plans Wednesday to form two new One thing I don’t like is when people back pacifying, if you will, Baghdad. blocs in Iraq’s parliament they hope will home say they support the troops, but they That is the purpose of this strategy. break away from the ethnic and religious don’t support the war. If they’re going to As I said, there is already evidence, mold of current alliances and ease sectarian support us, support us all the way. even though the strategy has certainly strife. And then Engel says: not been implemented in full, that There has also been a lot of talk SP Peter Manna thinks people have forgot- even the prospect of its implementa- about whether the mission of our ten the toll the war has taken.

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1473 And SP Peter Manna says: a resolution like this were to pass: demonstrate to him that his policy has If they don’t think what we are doing is a ‘‘Senate Declares No Confidence in little or no support in this Senate, in good job, everything that we have done here President’s Strategy.’’ ‘‘U.S. Senate our committee, or, quite frankly, is all in vain. Goes on Record as Opposing Bush across the country. Engel concludes: Plan.’’ You can write the headline. After we introduced our resolution, Apache Company has lost two soldiers and Those are the words that will resonate Senator WARNER came forward with his now worries their country may be aban- around the world. resolution. The bottom line of the reso- doning the mission they died for. Let’s not make any criticism of the lution is essentially the same, and it We cannot send that message to our President or his plan become a self-ful- was: Don’t send more American troops troops and to their families, that we filling prophecy. Let’s be as united as into the middle of a civil war. disagree with the mission we are put- we can in supporting our troops by sup- There was one critical difference be- ting them in harm’s way to try to porting the mission we are sending tween the Biden-Levin and the Warner achieve. As these three young men, our them on, hoping it will succeed; if we amendment. Senator WARNER’s resolu- finest, have said, speaking to the want, expressing concerns we have tion, in one paragraph, left open, I American people: You can’t say you about that, but doing so in a way that think unintentionally, the possibility support the troops if you don’t support doesn’t undercut the message. We can of increasing the overall number of what we are trying to do here, what we do both of these things in this great American troops in Iraq—just not in might die trying to accomplish. open society. People expect us to have Baghdad. So from our perspective it That is why we have to be careful debate about important issues such as wasn’t enough to say don’t go into about resolutions in the Senate. Every matters of war and peace, and we can Baghdad with more troops; we wanted Senator has an immense capability of do that without undercutting the mis- to say don’t raise the number of troops, expressing his or her point of view. We sion here. as well. have all done that. We all continue to I go back to where I started in The provision in the Warner amend- do it. We can get before the cameras quoting former Representative Lee ment that allowed for that, if read by any time we want to. We can let our Hamilton, cochairman of the Ham- the President the way he would want folks back home know what we feel. ilton-Baker commission in his testi- to read it, I believe, would have al- And I dare say there are probably 100 mony yesterday here in the Senate: lowed an increase in troops. We believe different opinions in this body of 100 So I guess my bottom line on the surge is, very strongly—Senator LEVIN, myself, people. We all have a little different look, the President’s plan ought to be given HAGEL, SNOWE—that would send the view of it. And we can tell our con- a chance. Give it a chance, because we have wrong message. We ought to be draw- stituents what we think. heard all of this. The general that you con- ing down in Iraq, not ramping up. We We certainly can communicate that firmed 80 to nothing the day before yester- ought to be redeploying, not deploying to the President and people in the mili- day, this is his idea. He’s the supporter of it. into Baghdad. We should make it clear tary. What we don’t have to do is to go Give it a chance. to the Iraqi leaders that they have to the next step and pass a resolution that Mr. President, I suggest the absence begin to make the hard compromises first of all is nonbinding and has no ef- of a quorum. necessary for a political solution. fect on the implementation of the The ACTING PRESIDENT pro tem- A political solution everyone vir- strategy, which is already beginning pore. The clerk will call the roll. tually agrees on is the precondition for and will go forward, but can have a The assistant legislative clerk pro- anything positive happening in Iraq. very detrimental effect on our enemies, ceeded to call the roll. Now, I make it clear, I and everyone on our allies, and on our own troops. Mr. BIDEN. Mr. President, I ask else in this Senate knows that it is not When General Petraeus was here tes- unanimous consent that the order for an easy thing for the Iraqi leadership tifying before his confirmation, he was the quorum call be rescinded. to do, but it is absolutely essential. asked a question about the resolutions The ACTING PRESIDENT pro tem- So we approached Senator WARNER to the effect of would it be helpful, and pore. Without objection, it is so or- several times to try to work out the he said: No, it would not be helpful. dered. difference between the Biden and the Then he went on to talk about the ob- f Warner resolutions. I am very pleased ject of war being to break the will of that last night, through the leadership IRAQ the enemy. He said: This would not of Senator WARNER and Senator LEVIN, help us—it would hurt us—break the Mr. BIDEN. Mr. President, I would we succeeded in doing just that. The will of the enemy, especially in a war like to make a few brief comments this language Senator WARNER removed like the one we are fighting with ter- morning on the Warner resolution and from his resolution removed the possi- rorists around the globe today—a war the negotiations that went on yester- bility that it can be read as calling for of wills. day, led by Senator LEVIN, to deal with more troops in Iraq. It is important for us not to send the Iraq. With that change, I am very pleased signal that our will is flagging, that Three weeks ago before the Senate to join Senator LEVIN, now known as there is great disagreement in our Foreign Relations Committee, Sec- the Levin-Warner resolution, as a co- country about the desire to continue. retary Rice presented the President’s sponsor of that resolution. For my in- In this war of wills, we should be uni- plan for Iraq. The Presiding Officer, tent, at the outset when I first spoke fied and in support of the mission we among others, was there. Its main fea- out about the President’s planned are sending our troops to try to accom- ture was to send more American troops surge of American forces in Iraq, when plish, and in support of the general into Baghdad, in the middle of a sec- I spoke out before the new year, I made whom we have confirmed to carry out tarian war, in the middle of a city of it clear that my purpose was to build that mission. over 6 million people. bipartisan opposition to his plan be- So I hope my colleagues will think The reaction to the Senate Foreign cause that was the best way to get him very carefully about the words they Relations Committee from Republicans to reconsider. That is exactly what this speak, the actions they take, and re- and Democrats alike ranged from pro- compromise does. flect on what others will think of what found skepticism to outright opposi- Now we have a real opportunity for we do here in this body. We are not tion. That pretty much reflected the the Senate to speak clearly. Every Sen- simply speaking to the President, try- reaction across the country. ator will have a chance to vote on ing to send him a message. Everyone Consequently, Senators HAGEL, whether he or she supports or disagrees else in the world will get that message. LEVIN, SNOWE, and I wrote a resolution with the President’s plan to send more And as much as we might manipulate to give Senators a way to vote their troops into the middle of a civil war. If the words in a resolution to try to voices, vote what they had said. We be- the President does not listen to the bring 60 Senators all in consensus to lieve, the four of us, and I know the majority of the Congress—and I expect what the resolution says, we all know Presiding Officer does, as well, that the the majority of Congress will vote for what the headlines the next morning quickest, most effective way to get the our resolution—if he does not respond are going to say all around the world if President to change his course is to to a majority of the Congress and a

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1474 CONGRESSIONAL RECORD — SENATE February 1, 2007 majority of the American people, we We have proposed that the Iraqis cre- ner whoever else is attached to it’’ res- will have to look for other ways to ate what their constitution calls for: olution—we are going to have for the change his policy. But this is a very three or more ‘‘regions’’ they call first time a full-blown debate in the important first step. them—not republics—three or four Senate. Also, I would like to take a moment more regions consistent with their con- I hope the administration will be lis- to present what I believe are the prin- stitution. We call for Iraq’s oil to be tening. I suggest we are coequal—Con- cipal findings of our 4 weeks of hear- shared equally with a guarantee that gress, along with the President—in de- ings, over 50 hours, if I am not mis- the Sunnis get their share and have ciding when, if, how long, and under taken, of hearings in the Foreign Rela- some international oversight to guar- what circumstances to send Americans tions Committee. While no unanimous antee it. We call for aggressive diplo- to war, for shedding America’s treasure prescription has emerged, there is re- macy—which, again, most every wit- and blood. markably broad consensus on three ness called for, including the Iraq I suggest the absence of a quorum. main points: First, American troops Study Group—we call for aggressive di- The PRESIDING OFFICER (Mr. cannot stop sectarian warfare in Iraq, plomacy in the creation of a contact BROWN). The clerk will call the roll. only a political settlement can do that; group consisting of Iraq’s neighbors The bill clerk proceeded to call the the second point of consensus, we must and the major powers in the world, in- roll. engage in intensive regional diplomacy cluding large Islamic countries to sup- Mrs. MURRAY. Mr. President, I ask to support the settlement among port a political settlement. unanimous consent that the order for Iraqis; third, the U.S. military should We believe we can redeploy most, if the quorum call be rescinded. focus on combatting terrorists, keeping not all, of America’s troops from Iraq The PRESIDING OFFICER. Without Iraq’s neighbors honest, training Iraq’s within 18 months under this plan, leav- objection, it is so ordered. troops—not on policing a civil war. In- ing behind a small force in Iraq or in Mrs. MURRAY. Mr. President, I ask deed, combat troops should start to re- the region to strike at terrorists, the unanimous consent to speak for 10 min- deploy as soon as our mission is nar- jihadists, the al-Qaidaists, keeping the utes in morning business. rowed. neighbors honest, and training Iraqi The PRESIDING OFFICER. The Sen- Those three points were overwhelm- forces. The time has demonstrated this ator has that right. ingly agreed upon by an array of the plan is more relevant and inevitable Mrs. MURRAY. Thank you, Mr. most well informed foreign policy ex- than it was even the day we put pen to President. perts, both military and civilian, that paper and set it out 9 months ago. It we have arrayed before that committee f takes into account the harsh reality of in a long time. HEALTH CARE Since a political settlement is so self-sustaining sectarian violence; it is consistent with Iraq’s Constitution; Mrs. MURRAY. Mr. President, I rise critical, we have examined this issue in this morning to talk about the health detail. We have looked at the bench- and it can produce a phrase used by a New York Times columnist in describ- care proposals President Bush men- marks the President has proposed—on tioned in his State of the Union Ad- oil law, debaathification reform, con- ing our plan. It can produce ‘‘a soft landing’’ for Iraq and prevent a full- dress last Tuesday. For too long, our stitutional reform, and provincial elec- working families and our businesses tions—but the divisions are so deep and blown civil war that tears the country apart and spreads beyond its borders. have really struggled with rising costs passions run so high now in Iraq we and shrinking access, and Washington, may be beyond the point where such I might also add, as people have come to understand, what I am calling for is DC, has virtually ignored that health modest measures can stabilize Iraq. care crisis. I believe, and have believed for some not partitioning, not three separate re- Now, with Democrats in control of time, something much broader is nec- publics; what I am calling for is what Congress, the President is finally essary, something much bolder is nec- the Iraqi Constitution calls for: decen- bringing some ideas to the table and essary. Les Gelb, the chairman emer- tralization of control over security and saying he wants to be part of the solu- itus of the Council on Foreign Rela- local laws with the central government tion. Well, I want to thank him for tions and a former Defense Department having responsibility for the Army, official, and I put forward just such a distribution of resources and currency joining the debate, and I hope he is se- proposal 9 months ago. It is premised and other things that a central govern- rious about working with us to address upon our conviction that the heart of ment must do. the challenges that have only gotten the administration’s strategy—build- As that has become clearer and clear- worse over the past 7 years. There may ing a strong central government—will, er, some of the most powerful voices in well be valuable ideas in his proposals. in fact, not succeed. As a matter of the American foreign policy establish- I want to get more details than we fact, in the testimony we heard, most ment have come forward to suggest it heard in just the State of the Union pointed out where countries have been makes sense. Address because there may be areas on drawn by the slip of a pen by world Secretary Kissinger told our com- which we can agree. leaders after World War I and World mittee yesterday: However, I have to say, from what I War II—the Balkans, Iraq, and many I’m sympathetic to an outcome that per- have seen of the President’s plan so far, other places we could name—there mits large regional autonomy. In fact, I I do have some serious concerns that have basically only been two models think it is very likely this will emerge out of his initiatives will undermine the em- that have brought stability: A straw the conflict that we are now witnessing. ployer-based health insurance system; plan, a la Saddam, or a Federal system, Former Secretary of State Albright may push people into the risky and ex- a la the Iraqi Constitution. said: pensive individual insurance market; The reason a strong central govern- . . . the idea of the . . . constitution of may fail to provide coverage for our ment will not work, although desir- Iraq as written, which allows for and man- most vulnerable; and may divert funds able, is there is no trust within the dates, in fact, a great deal of regional auton- for the health care safety net to experi- Government, no trust of the Govern- omy, is appropriate. mental programs. ment by the people of Iraq, no capacity James Baker, former Secretary of My first concern is that the Presi- of the Government to deliver services, State, coauthor of the Baker-Hamilton dent’s proposal will jeopardize the em- no capacity of this new Government to commission report told us that there ployer-based health insurance system. deliver security. are indications that Iraq may be mov- The most stable form of health insur- In a sense, it is understandable. In- ing toward three autonomous regions, ance for America’s working families deed, we must bring Iraqis’ problems and ‘‘if it is, we ought to be prepared to today is through their employers. Mr. and the responsibility of managing try and manage the situation.’’ President, 155 million Americans re- those problems down to local and re- Time is running out. We are going to ceive health insurance today from gional levels where we can help the have as a consequence of the com- their employers. Iraqis build trust and capacity much promise reached between the Biden- One of the primary reasons why em- more quickly and much more effec- Levin resolution and the Warner reso- ployers offer health insurance to their tively. lution, now known as the ‘‘Levin-War- workers is because those benefits are

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1475 excluded from taxable income. But the doctors, they support rural health care, health care to millions of uninsured President’s proposal, as I hear it, would and they are the first lines of defense children. Congress should give States take away that incentive by putting all against pandemic flu or bioterror at- the funding and the flexibility to cover forms of health insurance on an equal tacks. I am very concerned that his more of our kids. playing field. Even if employers choose proposal could seriously jeopardize my Secondly, we have to fund commu- not to drop health care coverage, they State’s Medicaid funds and, therefore, nity health centers so they can con- may be forced to do so in the future as undermine those critical services. tinue to provide quality health care to the healthiest employees drop out of I want to give an example of how our uninsured. their employers’ plans. If insurance be- these proposals could exacerbate the Third, I agree with the President, we comes unaffordable, employers may be worst parts of our health insurance should help States devise new ways to forced to stop offering health care ben- system. increase access to health care. My efits. I think many of my colleagues Last week, I received a letter from home State of Washington, like a lot of agree with me that we should be my constituents Alice and Michael States, is working on innovative initia- strengthening the employer-based Counts. They live in Vancouver, WA. tives to expand coverage. But we can health insurance system, not taking Their son Wesley was diagnosed with a accomplish this in ways that do not steps that will jeopardize it. kidney condition at age 16. Their fam- chip away at the foundation of our pub- Secondly, I am very concerned that ily’s personal health insurance insisted lic hospitals. the President’s proposal will push peo- that his kidney disease was pre- Finally, we can expand health insur- ple into the individual insurance mar- existing, and the insurer refused to pay ance for small businesses and the self- ket. Today, when workers cannot get for the medical tests that diagnosed his employed by creating Federal and coverage through their employer, they condition. His parents appealed to our State catastrophic cost pools in ways need to purchase health insurance in insurance commissioner, and they won, that will help us lower costs and still the individual insurance market. But but the insurer raised its rates far be- protect our patients. I look forward to working with as any small businessman or self-em- yond the reach of a self-employed indi- Chairman KENNEDY and Chairman BAU- ployed woman will tell you, the indi- vidual. So later, when Wesley was CUS and my colleagues on both sides of vidual insurance market today is not a going through dialysis and a kidney the aisle and the President on real good alternative to employer-provided transplant, his employer dropped insur- health care reform. There are people coverage. In many States, insurers can ance coverage because it had become like Wesley across the country in every cherry-pick applicants to avoid enroll- too costly. one of our States who are crying out ing those with high health needs, or in- Throughout all these medical and fi- for change, and we owe it to them, in surance companies can sell different nancial ups and downs, Wesley has this body, to finally make the progress policies to high- or low-risk individ- worked and has now graduated from uals. If you have a chronic disease such that is long overdue. Clark College. Thankfully, his parents Mr. President, I yield the floor. as diabetes—or even any health prob- have been able to help him navigate a The PRESIDING OFFICER. The Sen- lem—good luck getting reasonably health care system that failed him. ator from Pennsylvania is recognized. priced, comprehensive coverage in the Wesley’s parents wrote to me, and individual market today. Any proposal they said: f to increase access to health insurance We would rather pay higher taxes that give POWER OF CONGRESS TO IMPOSE should support the ability of Ameri- everyone affordable health care than live CONDITIONS ON APPROPRIATED cans to receive affordable and com- with the fear of losing everything through FUNDS prehensive coverage, not force people catastrophic illness. Mr. SPECTER. Mr. President, I have into expensive, barebones insurance Wesley’s story shows just how risky sought recognition to discuss the pow- plans. the individual market is and how peo- ers of Congress under the Constitution Third, I am troubled that the Presi- ple with serious health problems can be to impose conditions on the funds ap- dent’s proposal will not increase access severely affected when an employer is propriated by Congress, conditions on to health insurance for the uninsured. forced to drop coverage. No patient—no the President of the United States in We have 46 million uninsured men, one—should have to live in fear that carrying out his responsibilities as women, and children in this country their next dialysis treatment will not Commander in Chief. This, of course, is today. That is a staggeringly high be covered by insurance. a major subject confronting the United number, and those people face daily What Wesley deserves—and what all States at this time as to what our con- challenges trying to avoid getting sick Americans deserve—is access to afford- tinuing policy should be in Iraq, and and going into debt when something able, dependable, comprehensive health there is considerable controversy as to unexpected happens. Every day, I hear care. The President’s plan does not what that policy should be. from people in my home State of Wash- guarantee that. It does not even come The President has come forward with ington who struggle to pay for their close. It just makes the health insur- the proposal to add 21,500 troops in health care costs. Unfortunately, the ance market more unstable and more Iraq. President’s proposal will not help those risky and leaves more people like Wes- That has been questioned in many people because they do not pay enough ley vulnerable. He deserves better than quarters in the Congress of the United money in taxes to benefit from this tax that. I think all Americans do. States, both the Senate and the House deduction he is proposing. That really So, as I said at the beginning of my of Representatives, and by the Amer- makes me question whether the Presi- statement, I welcome the President’s ican people. The election results last dent’s plan will actually reduce the attention to the health care crisis we November were generally regarded as a number of uninsured Americans. are facing in this country. Last year, repudiation of our activities in Iraq. Finally, I am very concerned that the on the Senate floor we devoted 3 days— The military personnel who have come President’s plan will further chip away 3 days—to health care. The President forward to testify in recent days before at our health care safety net because it probably spent even less time talking the Armed Services Committee and the would divert critical Medicaid dollars about health care. So this is an im- witnesses before the Foreign Relations into an experimental grant program. provement. We desperately need a seri- Committee have a similar view that Now, we do not have a lot of details ous and a very thoughtful debate about major mistakes have been made in yet, but it appears he is proposing to how we increase access to health insur- Iraq. But there is also a generalized use Medicaid disproportionate share ance. consensus that once there, even though hospital payments to give States the My colleagues and I have put forward we found no weapons of mass destruc- ability to experiment with health care a number of good ideas about how to tion—had we known Saddam did not reform. Those DSH payments keep the increase access to health care. One of have weapons of mass destruction, it is doors of our public hospitals open. Pub- the first things we can do is reauthor- doubtful Congress would have author- lic hospitals are the foundations of our ize and strengthen the State Children’s ized the use of force—we cannot pull communities. They not only provide Health Insurance Program—that is the out and leave Iraq destabilized. The emergency care, but they train our SCHIP program—that provides quality question is, how to do it.

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1476 CONGRESSIONAL RECORD — SENATE February 1, 2007 The day before yesterday, the Judici- in the case captioned Little v. ability to use the military for police ary Committee held a hearing on the Barreme, the Supreme Court found action of the United States, and they power of Congress to stop war. The that Congress had authorized only sei- went so far as to impose criminal pen- title of the hearing was ‘‘Exercising zure of vessels traveling to French alties on the troops themselves. Congress’s Constitutional Power to courts, not from French ports. As I re- There are substantial limitations End a War.’’ At that time I raised the view that 200 years later, it seems like present in congressional action with question, respectfully, with the Presi- a very curious limitation, that the Vietnam in the Gulf of Tonkin resolu- dent, who has stated that he is the de- power would be to seize vessels going tion. The war powers imposed limita- cider—he stated that quite a number of to France but not coming from France, tions on the President. It should be times—I raised the contention that he but that was the specificity of the au- noted that the President has never is not the sole decider, that the Con- thorization of the Congress, which was agreed to the limitations, but the re- gress of the United States has consider- upheld in the legal challenge by the porting requirements under the War able authority on what will be done in Supreme Court of the United States. Powers Act have been complied with. the conduct of the war. There is no There is unanimity that Congress And both in the first Iraq war in 1991 doubt that Congress cannot micro- would not cut off funds which could in and the so-called second Iraq war of manage the war. But it is worth noting any way threaten the security or safe- 2002, and in the authorization as to Af- historically the many occasions where ty of U.S. troops. No doubt about that. ghanistan in 2001, there are restric- Congress has appropriated funds or And there has been very careful articu- tions. taken action conditioned on the Presi- lation that where there has been dis- It continues to be my hope that there dent following the instructions, fol- agreement with administration policy, will be an accommodation between the lowing the will of the Congress. There there has always been unanimous sup- President and the plans he proposes to was not sufficient time at the hearing port for our troops. But it is worth not- undertake and the Congress. It has the day before yesterday to go into de- ing the many historical precedents been very healthy to have the kind of tail on these subjects. That is why I where Congress has cut off funding for analysis and debate which has taken have decided to come to the floor at military operations. place in committee and on the floor of the present time and amplify the views In Vietnam, Cambodia, and Laos in the Senate and beyond, in the cloak- which I expressed at that time, to re- 1973, at the close of the Vietnam war, rooms and in the hallways. That is the view the long line of precedents where Congress, with a veto-proof super- topic of the day. As we have taken a the Congress has imposed conditions on majority, cut off all funds, including look at other issues which we are fac- how the President spends appropriated preexisting appropriations, for combat ing, there is very little oxygen in funds for military purposes under his activities in Cambodia, Laos, North Washington for anything but what we Commander in Chief responsibilities Vietnam, and South Vietnam after Au- are going to be doing in Iraq. And those and the many situations where the gust 15 of 1973. Then in 1974, Congress who say it is unhealthy or it weakens Congress has cut off funding. set a personnel ceiling of 4,000 Ameri- the United States in the world view or When the Congress acceded to the re- cans in Vietnam, 6 months after enact- it undercuts the morale of the troops quest of President Franklin Delano ment, and 3,000 Americans within 1 in Iraq, I believe the conventional wis- Roosevelt, in 1940, for a peacetime year, which is a precedent for congres- dom is, the consensus is that notwith- draft, it was on the condition that no sional conditions on a reduction in standing those kind of concerns, that draftees be stationed outside of the force so that there is advance notice to that is the democratic process. That is Western Hemisphere. When the Con- the administration what the congres- the price we pay in a democracy. gress appropriated funds for recon- sional direction is, so many troops out At the hearing the day before yester- struction following the Civil War, the by such-and-such a date, so many by day in the Judiciary Committee, I Congress limited the Presidential au- another date, so there is no doubt that cited polls where the military them- thority saying that the orders of the the troops which remain will be ade- selves, those participating in Iraq, have President and the Secretary of War to quately taken care of in terms of the substantial questions about the wis- the army should be given only through necessities for carrying out their func- dom of what is going on, I think it was General Grant and that General Grant tion in a safe way. 42 percent, disagree with the conduct of should not be relieved, removed, or In 1976, Congress, with respect to An- the war in Iraq. So it is a healthy sign transferred from Washington without gola, provided that there would be no that it is a part of the price of democ- the previous approval of the Senate. assistance of any kind provided to con- racy. That is going fairly far in the manage- duct military or paramilitary actions I was interested to note the testi- ment of a military operation and might in Angola unless expressly authorized mony of former Secretary of State Kis- even be characterized as micromanage- by Congress. In Nicaragua in 1984, Con- singer yesterday before the Foreign Re- ment, but that is what was done. gress provided that there would be no lations Committee, saying he believed During the administration of Theo- funds available to support military or a consensus would emerge. And cer- dore Roosevelt, Congress conditioned paramilitary operations in Nicaragua. tainly, the United States is stronger appropriations on a minimum of 8 per- In Somalia in 1993, Congress provided when we do have unity between the cent of the detachments aboard naval that no funds appropriated may be used Congress, under Article I, and the vessels, being Marines. There, again, a for the continued presence in Somalia President, under Article II. I have been fairly extensive incursion into what of United States military personnel pleased to see the President consult you would call command responsibil- after September 30, 1994. And in Rwan- with the Congress. I attended one ities. Again, it might be characterized da in 1994, Congress provided that no meeting a few weeks ago, presided over as micromanagement. funds are available for U.S. military by the President, which was bipartisan, The United States fought what has participation in or around Rwanda about a dozen Senators, both Demo- been characterized as a Quasi-War with after October 7, 1994 except to protect crats and Republicans, and a second France in the latter part of the 18th the lives of U.S. citizens. In 2000, with meeting with the National Security century. In that war, Congress limited respect to Colombia, Congress capped Council, Stephen Hadley, 10 Senators, both the kind of force the President at 500 the number of troops in Colom- all of whom on that occasion were Re- could use—only the Navy, nothing bia. During the Barbary wars, Congress publicans. And the President has more—and the areas in which he could enacted legislation authorizing only scheduled a meeting with Republican use it, our coastal waters first and then limited military action against the Senators tomorrow afternoon, where on the high seas. The Congress author- Barbary powers. In the slave trade in obviously Iraq will be the topic of the ized the seizure of French vessels trav- 1819, Congress legislated that even day. I have said publicly that the pro- eling to French ports, and then the there, there were specific descriptions posal that makes a lot of sense to me military seized French vessels coming as to location and mission. In 1878, is the one that has been discussed by out of French ports. And that case Congress passed, as part of an appro- quite a number of military experts, went to the Supreme Court of the priations bill, the Posse Comitatus which would set a time schedule, give United States. And in an 1804 decision Act, which restricted the President’s notice to the Iraqis that at some point

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At the end of the the Union speech: that the Iraqis would Laos, Somalia, and Kosovo: Funding and 18th Century, Congress passed a number of be responsible for ending sectarian vio- Non-Funding Approaches (2007); CRS Report, statutes authorizing limited military en- lence and responsible for securing Congressional Use of Funding Cutoffs Since gagement with France in the so-called Baghdad, and that American troops 1970 Involving U.S. Military Forces and Over- ‘‘Quasi War.’’ See Louis Fisher, Presidential would remain. seas Deployments 1–3, 5–6 (2001) (hereafter War Power 24 (2d ed. 2004). In 1798, for exam- My view is that those are the two ‘‘CRS Report 2001’’). Several examples fol- ple, Congress authorized the President ‘‘to low: instruct and direct the commanders of the conditions the President set down. Marines on Naval Vessels. During Teddy armed vessels belonging to the United Then the plan which has been consid- Roosevelt’s administration, ‘‘Congress condi- States’’ to seize French vessels that were ered very broadly would leave the tioned appropriations on a minimum of eight disrupting United States commerce. 1 Stat. American troops in Iraq to guard the percent of detachments aboard naval vessels 561 (May 28, 1798). In particular, ‘‘in the war infrastructure, protect the oilfields, being marines.’’ Charles Tiefer, Can Appro- with France, Congress limited both the kind and give training and support to the priation Riders Speed Our Exit From Iraq?, of force the President could use (the navy Iraqis. But even the parade of military 42 Stan. J. Int’l L. 291, 302 (2006). only) and the areas where he could use it witnesses who testified before Congress Vietnam, Cambodia, and Laos. In 1973, at (our coastal waters, at first, and then the the close of the Vietnam War, Congress— high seas).’’ The Constitution Project, Decid- has said that the Iraqis are much more with a veto-proof supermajority—cut off all likely to take action to protect them- ing to Use Force Abroad: War Powers in a funds (including preexisting appropriations) System of Checks and Balances 15 (2005). In- selves when they don’t rely upon the for combat activities in Cambodia, Laos, deed, in Little v. Barreme, 6 U.S. (2 Cranch) United States to do so. It is a matter of North Vietnam, and South Vietnam after 170, 179 (1804), the Supreme Court found that human nature. If we are going to un- August 15, 1973. Pub. L. 93–50 (Jul. 1, 1973). Congress had only authorized seizure of ves- dertake the burdens for the Iraqis, why Then, in 1974, Congress set a ‘‘personnel ceil- sels traveling to French ports, not from should they undertake those burdens? ing of 4,000 Americans in Vietnam 6 months French ports. In considering the deployment of after enactment and 3,000 Americans within Barbary Wars. During the Barbary Wars, 21,500 additional personnel, I have been one year.’’ CRS Report 2001 at 2; see Pub. L. Congress enacted several measures author- 93–559, § 38(f)(1) (Dec. 30, 1974). izing limited military action against the very skeptical and have said on the Angola. In 1976, Congress prohibited inter- record that I could not support that be- Barbary powers. See, e.g., 3 Stat. 230 (1815) vention in Angola: ‘‘Notwithstanding any (U.S. vessels authorized to seize ‘‘vessels, cause the Iraqis do not appear, from all other provision of law, no assistance of any goods and effects of or belonging to the Dey indications, to have either the capacity kind may be provided . . . to conduct mili- of Algiers’’); 2 Stat. 291 (1804) (expressing or the will to carry out their commit- tary or paramilitary operations in Angola support for ‘‘warlike operations against the ments if those additional forces are to unless and until the Congress expressly au- regency of Tripoli, or any other of the Bar- be committed. But I have said, also, thorizes such assistance[.]’’ Clark Amend- bary powers’’); see also Fisher, supra at 35–36 that I am going to await the debate on ment, Pub. L. 94–329, § 404, 90 Stat. 729, 757–58 & n.92. (1976). Slave Trade. In 1819, Congress authorized the floor of the Senate. I am not sure Nicaragua. In 1984, Congress provided that, we deserve the title of the ‘‘world’s the President to use the Navy to intercept during FY1985, ‘‘no funds available to . . . slave ships along the coasts of the United greatest deliberative body,’’ but that is any . . . agency or entity of the United States and Africa. 3 Stat. 532. In this case, the standard we strive to meet. Before States involved in intelligence activities’’ Congress provided a relatively specific de- I am prepared to decide which way to may be used to support ‘‘military or para- scription of location and mission. vote, yea or nay, on any of the resolu- military operations in Nicaragua.’’ Pub. L. Reconstruction. According to one scholar, tions, I want to be part of that delib- 98–473, § 8066(a). ‘‘by the use of . . . riders on military appro- erative process, join in the discussion, Somalia. In 1993, although Congress ‘‘ap- priations, congressional influence predomi- proved the use of U.S. Armed Forces for cer- and raise questions. nated in Reconstruction; occupation armies tain purposes, including combat forces in a implementing Reconstruction policies in the It is my hope that before that time security role to protect United Nations units comes, there will be further discus- Southern states got their directions from in Somalia,’’ it cut off funding after March such riders.’’ Tiefer, supra at 302. For exam- sions, such as the one tomorrow after- 31, 1994, except for limited personnel. CRS ple, in 1867, Congress attached a rider on noon with the President with Repub- Report 2001, at 2–3; see Pub. L. 103–139; see military appropriations providing that the lican Senators. There are discussions also Pub. L. 103–335 (Sept. 30, 1994) (‘‘None of ‘‘orders of the president and secretary of war going on all the time. I would like to the funds appropriated by this Act may be to the army should only be given through see us meet the standard that former used for the continuous presence in Somalia the general of the army (Gen. Grant); [and] Secretary Kissinger talked about yes- of United States military personnel after that the latter should not be relieved, re- terday and come to a consensus. But in September 30, 1994.’’). moved or transferred from Washington with- Rwanda. In 1994, Congress limited an ap- out the previous approval of the senate.’’ Al- the meantime, I believe the analysis propriations bill with the proviso that ‘‘no that is being undertaken is very exander Johnston, Riders (in U.S. History), funds provided in this Act are available for in III Cyclopedia of Political Science, Polit- healthy. If there is a price to pay, it is United States military participation to con- ical Economy, and of the Political History of a small price to pay for a democracy. tinue Operation Support Hope in or around the United States By the Best American and I believe in this discussion taking Rwanda after October 7, 1994, expect for any European Authors, 147.7 (John J. Lalor ed., place in the United States we show the action that is necessary to protect the lives 1899), available at http://oll.libertyfund.org/ world the strength of our institutions, of United States citizens.’’ Pub. L. 103–335, ToC/0216–03.php. not the weakness in the United States tit. X. In 1878, Congress passed, as part of an ap- Colombia. In 2000, Congress capped at 500 propriations bill, the Posse Comitatus Act, by whatever disagreements there may the number of troops in Colombia: ‘‘[N]one of be between the President and the Con- ch. 263, § 15, 20 Stat 145, 152 (codified at 18 the funds appropriated or otherwise made U.S.C. § 1385), which restricted the Presi- gress of the United States. available by this or any other Act . . . may dent’s ability to use the military for police Mr. President, I ask unanimous con- be available for . . . the assignment of any actions in the United States by imposing sent that a memorandum of law be United States military personnel for tem- criminal penalties on the troops themselves. printed in the RECORD which details porary or permanent duty in Colombia in (It is also in part a spending restriction, pro- the actions taken in the past by the connection with support of Plan Colombia if viding that ‘‘no money appropriated by this Congress to limit funding and the ac- that assignment would cause the number of act shall be used to pay any of the expenses tions taken by the Congress to condi- United States military personnel so assigned incurred in the employment of any troops in in Colombia to exceed 500.’’ Pub. L. 106–246, tion funding and limit executive ac- violation of this section.’’ Id.) The PCA was 3204(b)(1)(A). largely aimed at preventing the federal mili- tion. These examples represent congressional There being no objection, the mate- tary from overseeing elections in the former action to ‘‘re-deploy’’ or to prevent troops Confederacy. rial was ordered to be printed in the from being dispatched in the first place. FDR’s Peacetime Draft. In 1940, Congress RECORD, as follows: II. NON-SPENDING METHODS OF LIMITING OR assented to FDR’s desire for a peacetime I. UTILIZING THE POWER OF THE PURSE DEFINING INVOLVEMENT draft, but only on the condition that no Congress has on several occasions used the On other occasions, Congress has utilized draftees be stationed outside the Western power of the purse in declining to fund cer- non-spending means to limit and define U.S. hemisphere. Selective Training and Service

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1478 CONGRESSIONAL RECORD — SENATE February 1, 2007 Act, Pub. L. 76–783, ch. 720, § 3(e); see Tiefer, Senator from Pennsylvania yielding to nent attorney in Tulsa, recalls an inci- supra at 303. me. I know he is interested in getting dent where Judge Frizzell—he has six Vietnam. In 1964, with the Tonkin Gulf these quality judges confirmed, and kids, by the way—had work to do one Resolution, Congress authorized the Presi- dent ‘‘to take all necessary steps, including votes are taking place. night, and he went down and took his the use of armed force, to assist any member We have one coming up in a few min- six kids with him and did his judicial or protocol state of the Southeast Asia Col- utes that happens to be for a close per- work. Anybody who can juggle six kids lective Defense Treaty requesting assistance sonal friend of mine, a judge in Okla- and do his job at the same time I know in defense of its freedom.’’ Pub. L. 88–408, § 2, homa, Greg Frizzell. I would like to is qualified for this job. I am thrilled 78 Stat. 384, 384. However, in 1971, Congress make a couple of comments. that just in a matter of minutes we repealed the Tonkin Gulf Resolution. Pub. L. First of all, we thought he would be will be able to vote to confirm Judge 91–672, § 12, 84 Stat. 2055 (Jan. 12, 1971). Later confirmed before the end of last year, Frizzell to the Northern District of that year Congress called for a ‘‘prompt and and it didn’t work out. There was bick- orderly withdrawal’’ from Indochina at the Oklahoma. He will be a great judge. ‘‘earliest practicable date.’’ Pub. L. 92–129, ering going on that had nothing to do I yield the floor. § 401 (Sept. 28, 1971). with him but with other judges. Fortu- The PRESIDING OFFICER. The Sen- War Powers Resolution. In 1973, in response nately, over the last few weeks, I have ator from Pennsylvania is recognized. to the Vietnam War and over President Nix- had a chance to talk to colleagues on JUDGE GREGORY KENT FRIZZELL on’s veto, Congress passed the War Powers both sides of the aisle. Mr. SPECTER. Mr. President, I Resolution (WPR), Pub. L. 93–148, 87 Stat. 555 I want to single out Senator PAT thank the Senator from Oklahoma for (1973), 50 U.S.C. § 1541, et seq. The WPR re- LEAHY for being so generous with me quires the President to consult with Con- and giving me time to talk about those comments. He may be interested gress before sending troops into hostilities Judge Frizzell and why he should be to know that I have been advised that (and within 48 hours after commencing hos- confirmed. He told me, after listening the nominee is the son of Kent Frizzell, tilities, entering another nation equipped for who was a high school debater in Kan- combat, or increasing substantially the num- to this, he would be willing to put him on his top priority list. He didn’t have sas in my era. I debated against Kent ber of troops in a foreign nation). Also the Frizzell. I also noted that the nominee WPR requires the President to pull out after to do it. He is a Democrat and I am a 60 days—absent a congressional authoriza- Republican. So, again, I compliment was born in Wichita, KS, which is a tion of hostilities, congressional extension, Senator PAT LEAHY for doing that for good place to be born, because I was or inability of Congress to meet due to at- us and for justice in America. born there, too. It is sometimes the tack. Further, the WPR ‘‘permits Congress This young man, Greg Frizzell, has a source of some levity. to terminate an unauthorized presidential great family background. I remember When I was one of the assistant coun- use of military force at any time by concur- when his daddy, Kent Frizzell, was in sels to the Warren Commission, a man rent resolution.’’ John C. Yoo, The Continu- Kansas and served as attorney general named Frances W. Adams, a prominent ation of Politics By Other Means: The Origi- Wall Street lawyer, noted on my re- nal Understanding of War Powers, 84 Cal. L. for that State. Then he had better Rev. 167, 181 (1996). judgment and decided to move from sume that I was born in Wichita. He First Iraq War. In 1991, Congress gave the Kansas to Oklahoma. We became good said: Where was your mother on her President authority to ‘‘use United States friends many years ago. Greg was very way to at the time? When I say the Armed Forces pursuant to United Nations young at that time. He was raised in birth place of Greg Frizzell, the nomi- Security Council Resolution 678 (1990) in this family of public servants, people nee, is Wichita, KS, I recollect my own order to achieve implementation of Security who served as his father had for such a birth place and recollect the connec- Counsel Resolutions [regarding the Iraqi oc- tion I had with his father being my cupation of Kuwait],’’ but must first attempt long period of time. I think his father diplomatic measures. Authorization for Use is still at the University of Tulsa Law high school debating opponent many of Military Force Against Iraq Resolution, School and has been for about 20 years years ago. Pub. L. 102–1, § 2(a), (b) (1991). and is doing great work. That is the en- While I have the floor, I know the Afghanistan. In 2001, Congress provided by vironment in which Greg Frizzell was time has been reserved to talk about joint resolution that ‘‘the President is au- raised. He has been a judge for a long judges in just a few minutes. Having thorized to use all necessary and appropriate time, and you would think you would started on Gregory Kent Frizzell, I force against those nations, organizations, or hear some negative things about him. would like to make a few additional persons he determines planned, authorized, comments. Senator LEAHY is due to be committed, or aided the terrorist attacks But you don’t hear negative things that occurred on September 11, 2001, or har- about this guy. Even his political ad- here in a few minutes to speak—about bored such organizations or persons, in order versaries all agree that he is the qual- three nominees. Votes are scheduled to to prevent any future acts of international ity and type of man who should be on take place at 11:55. terrorism against the United States by such the Federal bench. I would like to supplement what has nations, organizations or persons.’’ Author- Robert Sartin, a member of the been said about Gregory Kent Frizzell. ization for Use of Military Force, Pub. L. Board of Governors, said: He has an outstanding academic 107–40, § 2(a), 115 Stat. 224 (Sept. 18, 2001). Al- Judge Frizzell is a man of extremely good record. He graduated from Tulsa Uni- though this example is far more open-ended character and high integrity, with a deep versity in 1981 and the University of than the others, there are still restrictions sense of personal responsibility toward his Michigan Law School in 1984. He was imposed on the use of force. fellow man. Second Iraq War. In 2002, Congress author- an Oklahoma Rhodes Scholar finalist ized the President to ‘‘use the Armed Forces A fellow judge, Claire Egan, praised in 1980. He has been rated unanimously of the United States as he determines to be him. She talked about the urgency of ‘‘well qualified’’ by the American Bar necessary and appropriate in order to . . . (1) this confirmation and that they actu- Association. I believe there is no oppo- defend the national security of the United ally only have three judges now on sition to his nomination for U.S. Dis- States against the continuing threat posed that bench doing the work of six trict Judge for the Northern District of by Iraq; and (2) enforce all relevant United judges. Nations Security Council resolutions regard- Oklahoma. I urge my colleagues to sup- One of the most highly respected sen- port him. ing Iraq.’’ Authorization for Use of Military ior Federal judges, Ralph Thompson, Force Against Iraq, Pub. L. 107–243, § 3(a), 116 I ask unanimous consent that his Stat. 1498 (Oct. 16, 2002). The President was, who is in senior status in Oklahoma re´sume´ be printed in the RECORD. however, required to certify that diplomatic right now, praised Greg, saying there is There being no objection, the mate- means are insufficient and that the use of nobody out there who could be more rial was ordered to be printed in the force will not impede the war on terrorism. qualified than Greg Frizzell for this RECORD, as follows: Id. § 3(b). particular appointment. GREGORY KENT FRIZZELL Mr. SPECTER. Mr. President, I yield So it is neat that we are finally get- ting around to this. I apologize to Greg UNITED STATES DISTRICT JUDGE FOR THE the floor. NORTHERN DISTRICT OF OKLAHOMA and his family for the uncertainty that f Birth: December 13, 1956, Wichita, Kansas. is always there, even though I never Legal Residence: Oklahoma. NOMINATION OF GREGORY KENT had any uncertainty. I knew he was FRIZZELL Education: B.A., University of Tulsa, 1981, going to be there. Phi Alpha Theta (History Honor Society), Mr. INHOFE. Mr. President, first of Getting back again to all these dif- Omicron Delta Kappa (National Leadership all, I appreciate very much the senior ferent people, Joe Wolgemuth, a promi- Honor Society), Oklahoma Rhodes Scholar

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1479 Finalist, 1980. J.D., University of Michigan There being no objection, the mate- The vacancy to which Judge O’Neill is Law School, 1984, AmJur Award in Legal Re- rial was ordered to be printed in the nominated has been designated a ‘‘Judicial search and Writing. RECORD, as follows: Emergency’’ by the nonpartisan Administra- Employment: Law Clerk, the Honorable tive Office of the Courts. Thomas R. Brett, U.S. District Judge for the LAWRENCE JOSEPH O’NEILL JUDGE VALERIE L. BAKER Northern District of Oklahoma, 1984–1986, As- UNITED STATES DISTRICT JUDGE FOR THE sociate, Jones, Givens, Gotcher & Bogan, EASTERN DISTRICT OF CALIFORNIA Mr. SPECTER. Mr. President, the P.C., 1986–1994, Solo Practitioner, Gregory K. Birth: September 5, 1952, Oakland, Cali- third nominee up for a vote at 11:55 is Frizzell, 1994–1995, General Counsel, Okla- fornia. Judge Valerie L. Baker. She is nomi- homa Tax Commission, 1995–1997, District Legal Residence: California. nated for U.S. District Court for the Education: B.A., University of California Judge, 14th Judicial District of the State of Central District of California. Her aca- Oklahoma, 1997–Present. at Berkeley, 1973; M.P.A., Golden Gate Uni- Selected Activities: Board of Directors, versity, 1976; J.D., University of California, demic record, as well, is outstanding: Tulsa Speech & Hearing Association, 1986– Hastings College of Law, 1979. summa cum laude from the University 1995 (President, 1994–1995), Director-at-Large, Employment: Associate, McCormick, Bar- of California, Santa Barbara in 1971, Rotary Club of Tulsa, 2006–2007, Master of the stow, Sheppard, Wayte, & Carruth, 1979–1983, with a cum laude master’s degree from Bench, American Inns of Court, Hudson-Hall- Partner, 1984–1990; Adjunct Professor, San the University of California, Santa Wheaton Chapter, 1997–2002 (President, 2000– Joaquin College of Law, 1986–1992, Professor Barbara in 1972, and with a law degree of the Year Award, Civil Trial Advocacy; 2001), Member, Oklahoma Bar Association, in 1975 from the UCLA School of Law. (Vice Chairman, Professionalism Committee, California Superior Court Judge, Fresno 2006) (House of Delegates, 2001–2002), Member, County Superior Court, 1990–1999; Magistrate The American Bar Association unani- Tulsa County Bar Association (Board of Di- Judge, U.S. District Court for the Eastern mously rates Judge Baker ‘‘well quali- rectors, 2006) (Chairman, Law School/Men- District of California, 1999–Present. fied.’’ toring Committee, 2001–2002), Oklahoma Selected Activities: Judicial Member, Fed- I ask unanimous consent that her eral Bar Association, 1999–Present, Executive Task Force on Judicial Selection, 1999–2000. re´sume´ be printed in the RECORD. Judge Frizzell was nominated during the Board; Member, Fresno County Bar Associa- last Congress and his nomination reported tion, 1979–1990, Judicial Member, 1990– There being no objection, the mate- out of the Judiciary Committee with a favor- Present, Recipient, ‘‘20 Years of Service’’ rial was ordered to be printed in the able recommendation on September 29, 2006. Award for service to the Fresno County RECORD, as follows: Mock Trial Program; Member, Federal Mag- The Senate, however, did not act on his nom- VALERIE L. BAKER ination prior to adjournment of the 109th istrate Judges Association, 1999–Present; Congress. Board Member, Ninth Circuit Magistrate UNITED STATES DISTRICT JUDGE FOR THE President Bush re-nominated Judge Judge Executive Committee, 2003–2006; Board CENTRAL DISTRICT OF CALIFORNIA Frizzell in the 110th Congress and the nomi- Member, Association of Business Trial Law- Birth: June 25, 1949, Minneapolis, MN. nation reported out of Committee on Janu- yers, 1996–2006; Member, California State Legal Residence: California. Education: B.A., ary 25, 2007. Bar, 1979–1990 , Inactive Judicial Member, 1971, University of California, Santa Barbara, Judge Frizzell has had a distinguished ca- 1990–Present. summa cum laude; M.A., 1972, University of reer both in private practice and in public Magistrate Judge Lawrence Joseph O’Neill California, Santa Barbara, cum laude; J.D., service. was nominated during the last Congress and 1975, UCLA School of Law. In 1981, he earned his B.A. degree from the his nomination reported out of the Judiciary Employment: Associate, Overton, Lyman University of Tulsa. While at Tulsa, Judge Committee with a favorable recommenda- & Prince, 1975–1977; Assistant U.S. Attorney, Frizzell was inducted into the Phi Alpha tion on August 2, 2006. The Senate, however, U.S. Attorney’s Office, 1977–1980; Associate, Theta and Omicron Delta Kappa Honor Soci- did not act on his nomination prior to ad- Lillick, McHose & Charles (now Pillsbury, eties. He was also an Oklahoma Rhodes journment of the 109th Congress. Scholar Finalist in 1980. President Bush re-nominated Judge O’Neill Winthrop, Shaw & Pittman) 1980–1982, Part- Judge Frizzell went on to earn his J.D. in the 110th Congress and the nomination re- ner, 1982–1986; Judge, Los Angeles Municipal from the University of Michigan Law School ported out of Committee on January 25, 2006. Court, 1986–1987; Judge, Los Angeles Superior in 1984, where he was awarded the AmJur He received his B.A. from the University of Court, 1987–Present. Award in Legal Research and Writing. California at Berkeley in 1973, his M.P.A. Selected Activities: Board Member, The After law school, he served as a law clerk from Golden Gate University in 1976, and his Braille Institute, 2001–2003; Member, Los An- to the Honorable Thomas R. Brett, United J.D. from the University of California, geles County Bar Association, 1975–Present; States District Court Judge for the Northern Hastings College of Law in 1979. Member, California Judges Association, 1986– District of Oklahoma. During law school, Judge O’Neill served as present; Board Member, Association of Busi- In 1986, Judge Frizzell joined the Oklahoma a legal clerk to the Honorable Roberts F. ness Trial Lawyers, 1987–1990, 2001–2004; law firm of Jones, Givens, Gotchers & Bogan, Kane of the First Appellate District of the Board Member, My Friend’s Place (homeless P.C. as an associate and focused on commer- California Court of Appeals. shelter for teens), 1993–1995; 1994 Alfred J. cial litigation. Following law school, Judge O’Neill joined McCourtney Trial Judge of the Year Award In 1994, Judge Frizzell left Jones, Givens the law firm of McCormick, Barstow, Recipient, Consumer Lawyers of Los Ange- and practiced as a solo practitioner. In this Sheppard, Wayte & Carruth as an associate. les. capacity he represented individuals and He became a partner with that firm in 1984. Judge Baker was nominated during the small business entities in civil controversies. His practice focused almost exclusively on last Congress and her nomination reported In 1995, Judge Frizzell was appointed Gen- civil tort litigation. out of the Judiciary Committee with a favor- eral Counsel of the Oklahoma Tax Commis- While working for McCormick, Barstow, able recommendation on September 21, 2006. sion by Governor Frank Keating. Judge O’Neill also taught classes for six In 1997, Judge Frizzell was appointed dis- The Senate, however, did not act on her years as an adjunct professor at San Joaquin nomination prior to adjournment of the trict judge for the l4 Judicial District in the College of Law. San Joaquin honored Judge State of Oklahoma. He was elected without 109th Congress. President Bush re- O’Neill for his teaching skills by presenting nominated Judge Baker in the 110th Con- opposition in 1998 and again in 2002. His term him with the Professor of the Year Award. is set to expire in January 2007. gress and her nomination reported out of the In 1990, Judge O’Neill was appointed to the Judiciary Committee on January 25, 2006. The American Bar Association unani- Fresno County Superior Court. He served on Judge Baker received her B.A., summa mously rated Judge Frizzell ‘‘Well Qualified’’ that court until 1999 when he was appointed cum laude, from the University of California, to serve as a federal district court judge. as a United States Magistrate Judge in the Santa Barbara in 1971 and Masters Degree, JUDGE LAWRENCE JOSEPH O’NEILL U.S. District Court for the Eastern District cum laude, from the same institution a year Mr. SPECTER. Mr. President, fur- of California. Judge O’Niell has received numerous later. In 1975, she received her J.D. from the ther, I support the confirmation of UCLA School of Law. Judge Lawrence Joseph O’Neill to be awards for his community service including the annual Judicial Award presented by the Upon graduating from law school, she U.S. District Judge for the Eastern began working as an associate with the firm District of California. He, too, has an Rape Counseling Service of Fresno County and the ‘‘20 Years of Service’’ Award pre- Overton, Lyman & Prince in Los Angeles. excellent academic record, with a bach- sented by the Fresno County Mock Trial During her two years at Overton, Judge elor’s degree from the University of Competition Program. Baker focused on business litigation. In 1977, California, Berkeley, in 1973, an MBA While serving as the presiding judge of the Judge Baker became a prosecutor with the from Golden Gate University in 1976, juvenile courts of Fresno County, Judge United States Attorney’s Office in Los Ange- and a law degree from the University of O’Neill was recognized for his outstanding ef- les. California, Hastings College of Law. He forts to prevent child abuse with the Judy In 1980, Judge Baker joined the law firm of Lillick, McHose, & Charles (now Pillsbury, has a distinguished professional record. Andreen-Nilson Award. The Fresno County Juvenile Justice Commission also presented Winthrop, Shaw & Pittman) as an associate. The American Bar Association rated him with the Award for Achievement in Ju- Just two years later, the firm granted her him unanimously ‘‘well qualified.’’ venile Justice. partnership. In 1986, Judge Baker was I ask unanimous consent that his The American Bar Association unani- appoint ed to serve on the Los Angeles Mu- re´sume´ be printed in the RECORD. mously rated Judge O’Neill ‘‘Well Qualified.’’ nicipal Court, where she presided over civil

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1480 CONGRESSIONAL RECORD — SENATE February 1, 2007 matters and criminal misdemeanors. In 1987, look forward to working with him with from Vermont, Mr. LEAHY, and the she was elevated to the Los Angeles County the same speed on any other judges the Senator from Pennsylvania, Mr. SPEC- Superior Court, where she currently serves. President might bring up and that the TER, or their designees. Judge Baker has handled thousands of The Senator from Pennsylvania is cases from filing to disposition, and is widely committee would put out. recognized as one of California’s finest It is my hope we can get beyond par- recognized. jurists. In 1994, she received the Alfred J. tisanship on judiciary nominees and Mr. SPECTER. Mr. President, I McCourtney Trial Judge of the Year Award get to the business of filling the signifi- thank the Chair. I spoke briefly a few from the Consmer Lawy ers of Los Angeles. cant number of voids or vacancies that moments ago about these nominees. The American Bar Association has rated are out there today and that are lim- They all have excellent academic Judge Baker unanimously ‘‘Well Qualified.’’ iting justice for people in this country. records and professional records, and Mr. SPECTER. Mr. President, I urge Justice delayed is justice denied. And a they have been examined by the inves- my colleagues to vote for these three lack of available judges is denying jus- tigative authorities and have been re- distinguished nominees. I thank Sen- tice to hundreds and thousands of viewed by the Judiciary Committee. ator LEAHY, the Chairman of the Judi- Americans every day. So the chairman They have been passed out unani- ciary Committee, for moving these of the Judiciary Committee has my mously by the Judiciary Committee for nominations. It is very important. We commitment as a member of the Judi- confirmation. All have been evaluated have numerous judicial emergencies. ciary Committee to help him in any ‘‘well qualified’’ by the American Bar We have other nominees awaiting ac- way I can to move those. Association, and I urge my colleagues tion by the committee and by the full It is a great honor that Greg Frizzell to support all of these nominees. Senate. will sit as a Federal judge in the north- That pretty well summarizes, Mr. Senator LEAHY is moving with dis- ern district of Oklahoma, and it is my President. So in the absence of any patch, which is appreciated, and it is hope we will see many like him fill the Senator seeking recognition, I suggest also appreciated that the majority spots across this country. the absence of a quorum. leader has listed these three nominees With that, I yield the floor, Mr. The PRESIDING OFFICER. The for action this morning. President, and I suggest the absence of clerk will call the roll. The legislative In the absence of any other Senator a quorum. clerk proceeded to call the roll. seeking recognition, I suggest the ab- The PRESIDING OFFICER. Will the Mr. REID. Mr. President, I ask unan- sence of a quorum. Senator withhold? imous consent that the order for the The PRESIDING OFFICER. The Mr. COBURN. I will withhold. quorum call be rescinded. clerk will call the roll. The PRESIDING OFFICER. Without The legislative clerk proceeded to f objection, it is so ordered. call the roll. CONCLUSION OF MORNING NOMINATION OF LAWRENCE JOSEPH O’NEILL Mr. COBURN. Mr. President, I ask BUSINESS Mrs. FEINSTEIN. Mr. President, it is unanimous consent that the order for The PRESIDING OFFICER. Morning my pleasure to support Judge Law- the quorum call be rescinded. business is now closed. rence O’Neill’s nomination to the East- The PRESIDING OFFICER. Without ern District of California. f objection, it is so ordered. His confirmation would help to al- JUDGE GREGORY KENT FRIZZELL EXECUTIVE SESSION leviate a judicial emergency in the Mr. COBURN. Mr. President, I come Eastern District of California. to the floor to follow up on the com- The Fresno Division, to which Judge ments made by my senior Senator, Mr. NOMINATION OF LAWRENCE JO- O’Neill is nominated, is suffering from INHOFE, from Oklahoma, on the quali- SEPH O’NEILL TO BE UNITED a particularly acute overload of cases. fications of Judge Gregory Frizzell. He STATES DISTRICT JUDGE FOR Judge Anthony Ishii and Senior has enumerated many of those. This is THE EASTERN DISTRICT OF Judge Oliver Wanger are currently the a fine young man with impeccable CALIFORNIA only judges on the Fresno Division of character and integrity. He is a living the Eastern District. Their average example of a life of service, not just in caseload is the highest in the Nation. what he does as a judge in Oklahoma, NOMINATION OF VALERIE L. The people of Fresno and the Eastern but what he does in his community in BAKER TO BE UNITED STATES District truly need the help that Judge Oklahoma. It has been a real pleasure DISTRICT JUDGE FOR THE CEN- O’Neill will provide. to get to know him, to also watch him TRAL DISTRICT OF CALIFORNIA Fortunately, Judge O’Neill is unique- as he went through the process of get- ly qualified to step in and offer imme- ting a unanimous vote out of the Judi- diate relief to the Eastern District be- NOMINATION OF GREGORY KENT ciary Committee and having no signifi- cause he has been a magistrate judge in FRIZZELL TO BE UNITED cant questions raised about his judicial the District since 1999. philosophy, integrity, character, back- STATES DISTRICT JUDGE FOR In addition, for the last 17 years, ground, or his qualifications. So it is THE NORTHERN DISTRICT OF Judge O’Neill has been a judge in Cali- with a great deal of pleasure that I OKLAHOMA fornia, spending 10 years as a superior look forward to his vote today. The PRESIDING OFFICER. Under court judge in Fresno before becoming I might comment for a moment that the previous order, the Senate will pro- a magistrate. he was capable of being confirmed in ceed to consider en bloc the following He is a homegrown Californian. He the last Congress, and there was no nominations, which the clerk will re- was born in Oakland, CA, and attended reason, no good reason why he wasn’t, port. school in California. He received a other than the answer: We are not The legislative clerk read the nomi- bachelor’s degree in criminology from going to approve any more judges in nation of Lawrence Joseph O’Neill, of the University of California, Berkeley, this Congress. That is the reason I was California, to be a United States Dis- a master’s degree in public education told by the now majority leader that trict Judge for the Eastern District of from Golden Gate University, and a he would not be approved. There is no California; law degree from Hastings College of question as to his qualifications, but it Valerie L. Baker, of California, to be Law. should remind us again of the dangers a United States District Judge for the Before attending law school, he was a of partisanship for party instead of par- Central District of California; and police officer for the city of San tisanship for our country and for future Gregory Kent Frizzell, of Oklahoma, Leandro. I believe this additional per- generations. to be a United States District Judge spective will prove an asset on the I am very thankful to the Judiciary for the Northern District of Oklahoma. bench. Committee chairman, PATRICK LEAHY The PRESIDING OFFICER. Under I was pleased to learn that the Amer- from Vermont, for the speed and quick- the previous order, there will now be 10 ican Bar Association unanimously de- ness with which he has brought this to minutes for debate on the nominations, clared Judge O’Neill to be ‘‘well quali- the floor. I thank him for that, and I equally divided between the Senator fied,’’ the ABA’s highest rating.

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1481 In California, we have developed a bi- and, I believe, confirm the nominations Senator CHAMBLISS and Senator partisan process for selecting Federal of Lawrence Joseph O’Neill for the ISAAKSON in the confirmation of Judge district court nominees. Under this Eastern District of California, Valerie Wood, the first judge confirmed this system, a committee of lawyers, in- L. Baker for Central District of Cali- year. Likewise, I was pleased to be able cluding Democrats and Republicans, fornia, and Gregory Kent Frizzell for to respond to the needs of Senator recommends qualified applicants to the the Northern District of Oklahoma. INHOFE and Senator COBURN by expe- President. When they are confirmed, the Senate diting consideration of Judge Frizzell. I The fact that Judge O’Neill’s nomi- will have granted its consent to 263 of thank Senator FEINSTEIN and Senator nation was a product of this commis- President Bush’s nominations for life- BOXER of California for their efforts on sion gives me confidence that he comes time appointments to our Federal some of these nominations and for to the bench without an ideological courts. Moreover, with these three con- working to fill the vacancies in Cali- agenda and is prepared to serve all the firmations today, we will have con- fornia. people of California. firmed more of President Bush’s nomi- I have long urged the President to fill NOMINATION OF VALERIE L. BAKER nations in the 18 months I have served vacancies with consensus nominees. Mr. President, it is my pleasure to as Judiciary Committee chairman with The Administrative Office of the U.S. support Judge Valerie Baker, a distin- a Democratic majority in the Senate Courts list 57 judicial vacancies, 28 of guished nominee to the U.S. District than in the more than 2 years when them have been deemed to be judicial Court for the Central District of Cali- Senator HATCH chaired the committee emergencies. So far this Congress, the fornia. with a Republican Senate majority or President has yet to send us nominees The Central District of California, during the last Congress with a Repub- for 17 of those judicial emergency va- based in Los Angeles, is the largest and lican Senate majority. This is the 105th cancies. busiest Federal judicial district in the confirmation during my time as Judi- I have also scheduled a confirmation Nation. Judge Baker would be a wel- ciary chairman. hearing for next week for additional ju- come addition to this important court. I know some on the other side of the dicial nominees and another business Judge Baker has been a trial court aisle have tried to raise a scare since I, meeting at which the committee may judge on the Los Angeles County Supe- again, became chairman of the Judici- consider still more judicial nomina- rior Court for nearly 20 years and pre- ary Committee. They rant as if the sky tions. When a Republican chaired the viously served on Los Angeles Munic- is falling and we would not proceed on committee in 1999 and there was a ipal Court. any judicial nominations. We have pro- Democratic President, the first hearing In 1994, she was awarded the Alfred J. ceeded promptly and efficiently. Last on a judicial nominee was not held McCourtney Trial Judge of the Year Thursday, the Judiciary Committee until June 16. We intend to hold a hear- Award from the Consumer Lawyers of held its first business meeting of the ing on February 6. Los Angeles. year. We might have met earlier but I had initially thought that we would Judge Baker is also a seasoned liti- for the delay in organizing the Senate include the nomination of Norman gator, with Federal experience in from January 4, when this session first Randy Smith of Idaho to the Ninth Cir- criminal and civil cases. With the law began, until the Republican caucus fi- cuit at that hearing next week. How- firm of Lillick, McHose & Charles she nally agreed to the resolutions assign- ever, with the cooperation of the Sen- specialized in Federal business litiga- ing Members to Senate committees on ators from California and the members tion and antitrust law. As an assistant January 12. of the Judiciary Committee, I now The three nominations we consider U.S. attorney, Judge Baker prosecuted hope to be able to avoid another hear- today were among the five nominations bank robberies, major drug violations, ing on the Smith nomination. and fraudulent enterprises. for lifetime appointments Federal At the University of California at judges that I included on the agenda at I was pleased when the White House Santa Barbara, she earned a bachelor our first meeting. Like the two judges changed course and nominated Randy of arts degree and a master’s degree in confirmed on Tuesday, Judge O’Neill’s Smith for the Idaho seat on the Ninth English, and she received a law degree nomination is for a vacancy that has Circuit. I had urged President Bush to from UCLA. been designated a judicial emergency take this action last year when he in- Off the bench, Judge Baker has de- by the Administrative Office of the sisted on resubmitting the Smith nom- voted herself to charities helping the U.S. Courts. All five were among those ination for a California seat on the Los Angeles community. returned to the President without Sen- Ninth Circuit. I thank the President As a board member of the UCLA Law ate action at the end of last year when for finally doing the right thing. I will School Alumni Association, she Republican Senators objected to pro- urge the Senate to confirm his nomina- chaired a committee to recruit quali- ceeding with certain nominees in Sep- tion of Randy Smith to the vacant seat fied minority students. She also served tember and December last year. on the Ninth Circuit from Idaho. At on the board of a non-profit shelter for Before proceeding, I inquired of each long last Senator CRAIG and Senator homeless teenagers and sat on the member of the committee whether a CRAPO will then have a judge on that board of directors of the Braille Insti- hearing was requested on these nomi- important court from their home tute of Los Angeles. nations this year. I, again, thank all, State. The American Bar Association has members of the Judiciary Committee Each of the nominees we consider given Judge Baker a unanimous ‘‘well for working with me to expedite con- today has the support of home State qualified’’ rating, the Association’s sideration of these nominations this Senators. highest mark. year. In particular, I extend thanks to Lawrence Joseph O’Neill is nomi- I am proud of the bipartisan process our new members, the Senators from nated to the U.S. District Court for the for selecting Federal district court Maryland and Rhode Island. Eastern District of California, another nominees that we have developed in These nominations were not even seat deemed to be a judicial emergency California. Under this system, a com- sent to the Senate until January 9. by the Administrative Office of the mittee of lawyers, including Democrats They were considered by the com- U.S. Courts. He is a well-qualified and Republicans, recommends qualified mittee in a little over 2 weeks and are nominee who has over 15 years of expe- applicants to the President. being approved by the Senate in a little rience on the bench, seven of them as a Judge Baker came through this com- over 3 weeks from their nomination. magistrate judge on the district court mittee, which gives me confidence that I have worked cooperatively with to which he is now nominated. Before she comes to the bench without an ide- Members from both sides of the aisle becoming a magistrate judge, Judge ological agenda and is prepared to on our committee and in the Senate to O’Neill spent 9 years as a Fresno Coun- serve all the people of California. move quickly to consider and report ju- ty superior court judge and, before Mr. LEAHY. Mr. President, today the dicial nominations so that we can fill that, a decade in private practice. Senate continues to make significant vacancies and improve the administra- Judge O’Neill will bring a valuable per- progress in its consideration of judicial tion of justice in our Nation’s Federal spective to the Federal bench, having nominations. The Senate will consider courts. I appreciate the interests of served as a police officer for 5 years in

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1482 CONGRESSIONAL RECORD — SENATE February 1, 2007 the city of San Leandro, CA. He grad- The clerk will call the roll. The Senator from Oklahoma is recog- uated from law school at the Univer- The legislative clerk called the roll. nized. sity of California, Hastings and then Mr. DURBIN. I announce that the Mr. INHOFE. Mr. President, I was clerked for Judge Robert F. Kane on Senator from Hawaii (Mr. INOUYE) and honored a few minutes ago to talk the California Court of Appeals. the Senator from South Dakota (Mr. about this very outstanding young Valerie L. Baker, who is nominated JOHNSON) are necessarily absent. man, Greg Frizzell. Unfortunately, as to the U.S. District Court for the Cen- Mr. LOTT. The following Senator the senior Senator from Vermont tral District of California, already has was necessarily absent: the Senator knows, we tried our best to get him in over 20 years of experience on the from Virginia (Mr. WARNER). last year. We were unable to do it. But bench. As a Los Angeles County munic- The PRESIDING OFFICER (Mr. thanks to him and helping us to expe- ipal and then superior court judge, she WHITEHOUSE). Are there any other Sen- dite the confirmation of this fine has handled thousands of cases and has ators in the Chamber desiring to vote? young man, we will be voting now. been the recipient of the Alfred J. The result was announced—yeas 97, This gentleman comes from a back- McCourtney Trial Judge of the Year nays 0, as follows: ground that is unusual and unique. I Award by Consumer Lawyers of Los [Rollcall Vote No. 40 Ex.] know of no one who has said anything Angeles. After graduating from UCLA YEAS—97 negative about him in our State of Law School, Judge Baker served as an Akaka Domenici Menendez Oklahoma. So I think justice will be assistant U.S. attorney and as a com- Alexander Dorgan Mikulski served with the confirmation of Greg mercial litigator in private practice. Allard Durbin Murkowski Baucus Ensign Murray Frizzell for the Northern District of Judge Baker was rated unanimously Bayh Enzi Nelson (FL) Oklahoma. well qualified by the American Bar As- Bennett Feingold Nelson (NE) I am proud to stand here today in sociation and has the support of both Biden Feinstein Obama support of Judge Greg Frizzell’s nomi- Bingaman Graham Pryor her home State Democratic Senators. Bond Grassley nation to be the U.S. District Judge for Reed As a courtesy to Senator INHOFE, I Boxer Gregg Reid the Northern District of Oklahoma. included the nomination of Gregory Brown Hagel Roberts After his Judiciary Committee hearing Kent Frizzell on the agenda for Judici- Brownback Harkin Bunning Hatch Rockefeller in September, I was certain that he ary Committee’s first executive busi- Burr Hutchison Salazar would be confirmed before the end of ness meeting last week. I was glad to Byrd Inhofe Sanders the year. However, due to some regret- Schumer see Senator INHOFE say that he was Cantwell Isakson table political wrangling, his nomina- ‘‘pleased with the committee action’’ Cardin Kennedy Sessions Carper Kerry Shelby tion was stalled. and that Judge Frizell was ‘‘fast- Casey Klobuchar Smith Fortunately, over the past few tracked through.’’ Judge Frizzell is Chambliss Kohl Snowe weeks, I have spoken to my colleagues nominated to the U.S. District Court Clinton Kyl Specter on both sides of the aisle to help expe- for the Northern District of Oklahoma. Coburn Landrieu Stabenow Cochran Lautenberg Stevens dite Judge Frizzell through the com- He has a decade of experience on the Coleman Leahy Sununu mittee process and bring his nomina- bench as an Oklahoma district judge in Collins Levin Tester tion to the Senate floor. I am con- Tulsa County. In his 23 years as a law- Conrad Lieberman Thomas Corker vinced that he is the most capable and Lincoln Thune yer, Judge Frizzell has served as gen- Cornyn Lott Vitter well-qualified person for this position. eral counsel to the Oklahoma Tax Craig Lugar Voinovich His family is no stranger to the legal Crapo Martinez Commission and tried more than 25 Webb field—I can remember his father, Kent cases in private practice as a sole prac- DeMint McCain Dodd McCaskill Whitehouse Frizzell. He served as attorney general titioner and an attorney at Jones, Dole McConnell Wyden for the State of Kansas—that is when I Givens, Gotcher & Bogan, P.C., rep- NOT VOTING—3 first got to know his family. Later on, resenting community colleges, insur- Inouye Johnson Warner when they moved to Oklahoma, we be- ance companies, and other businesses. came very close friends. After graduating from the University The nomination was confirmed. He has had all kinds of experience in of Tulsa and the University of Michi- VOTE ON NOMINATION OF VALERIE L. BAKER the past—serving the Under Secretary gan Law School, Judge Frizzell served Mr. LEAHY. Mr. President, regarding of Interior, and he has taught at the as a law clerk to Judge Thomas R. the Baker of California nomination, we University of Tulsa Law School for al- Brett on the court to which he has now are perfectly willing to have a voice most 20 years. So given his father’s dis- been nominated. vote. I understand the Senators from tinguished work, it is no surprise that I congratulate the nominees and Oklahoma want to have a recorded Judge Frizzell felt compelled to pursue their families on their confirmations vote on Frizzell. Valerie Baker is next a career in public service, and his today. We continue to make progress on the list. friends and colleagues have praised his towards filling longstanding judicial I yield back the remaining time. professional qualifications and per- vacancies. I intend to do what I can to Mr. SPECTER. We yield back the re- sonal integrity, as well as his ability to ensure that the Federal judiciary re- maining time. rule fairly from the bench. mains independent and able to provide The PRESIDING OFFICER. The Someone who has been around as justice to all Americans. question is, Will the Senate advise and long as this young judge has been Mr. REID. Mr. President, I ask unan- consent to the nomination of Valerie around, you would think you would imous consent that all time be yielded L. Baker, of California, to be United hear negative things—I have never back and the vote begin. States District Judge for the Central heard anything negative about him. The PRESIDING OFFICER. Without District of California? objection, it is so ordered. The nomination was confirmed. Robert Sartin, member of the board of governors of the Oklahoma Bar Asso- Mr. REID. I ask for the yeas and VOTE ON NOMINATION OF GREGORY KENT nays. FRIZZELL ciation said, ‘‘Judge Frizzell is a man The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Sen- of extremely good character and high sufficient second? ator from Vermont is recognized. integrity, with a deep sense of personal There appears to be a sufficient sec- Mr. LEAHY. Mr. President, I ask for responsibility toward his fellow man.’’ ond. the yeas and nays on the Gregory Judge Claire Egan, praised him and The yeas and nays were ordered. Frizzell nomination. talked about the urgency to fill vacant VOTE ON THE NOMINATION OF LAWRENCE JOSEPH The PRESIDING OFFICER. Is there a spots on the bench—she emphasized the O’NEILL sufficient second? fact that the court right now has three The PRESIDING OFFICER. The There is a sufficient second. judges doing the work of six. question is, Will the Senate advise and Mr. LEAHY. Mr. President, I yield One of the prominent and well-re- consent to the nomination of Lawrence back whatever time we have remaining spected attorneys in Oklahoma, Joe Joseph O’Neill, of California, to be on this side. Wohlgemuth of a distinguished law United States District Judge for the The PRESIDING OFFICER. Is all firm in Tulsa, called Judge Frizzell ‘‘a Eastern District of California? time yielded back? man of integrity and a straight arrow’’.

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1483 Before serving in the current position [Rollcall Vote No. 41 Ex.] Last week, the Vice President talked of District Judge of the 14th Judicial YEAS—99 about the ‘‘enormous successes’’ that District of Oklahoma, Greg Frizzell Akaka Domenici McConnell have been accomplished in Iraq. Enor- had a long and distinguished legal ca- Alexander Dorgan Menendez mous successes? I ask, enormous suc- reer and ample Federal experience. Allard Durbin Mikulski cesses? The Vice President’s definition Baucus Ensign Murkowski After graduating with a law degree Bayh Enzi Murray of ‘‘enormous success’’ is, apparently, from the University of Michigan, he Bennett Feingold Nelson (FL) different from mine. clerked for Judge Tom Brett—Tom Biden Feinstein Nelson (NE) The Vice President said that talk of Bingaman Graham Obama failures and blunders in Iraq was just Brett is now in retirement and there is Bond Grassley Pryor no one who has a better reputation Boxer Gregg Reed hogwash—his word, ‘‘hogwash’’—and than he, and he has praised Greg Brown Hagel Reid the Vice President asserted that what- Frizzell time and time again. Ralph Brownback Harkin Roberts ever Congress votes on in relation to Bunning Hatch Rockefeller Thompson, a prominent senior judge Burr Hutchison Salazar Iraq, ‘‘it won’t stop us.’’ Hear me now. serving on the Federal bench in Okla- Byrd Inhofe Sanders Hear me. This is the Vice President homa, has also praised him. Cantwell Inouye Schumer talking. He asserted that whatever Cardin Isakson Sessions Congress votes on in relation to Iraq, After clerking for Judge Brett, Carper Kennedy Shelby Frizzell became an associate at an Casey Kerry Smith ‘‘it won’t stop us.’’ Oklahoma law firm and then ran his Chambliss Klobuchar Snowe Now, listen to me, you people out Clinton Kohl Specter own private legal practice until he was there in the hills, in the valleys, across Coburn Kyl Stabenow the mountain ranges, from the Atlan- selected to be general counsel to the Cochran Landrieu Stevens Oklahoma Tax Commission. After serv- Coleman Lautenberg Sununu tic to the Pacific, that is a slap in the ing for a period of time at the Tax Collins Leahy Tester face to you. Our constituents voted for Conrad Levin Thomas change in the last election. They asked Commission, he was then appointed to Corker Lieberman Thune his current position as Judge of the Cornyn Lincoln Vitter their elected representatives—us—to 14th District of Oklahoma. Craig Lott Voinovich chart a new course in Iraq. This admin- Crapo Lugar Warner istration continues to disregard the Not only has Judge Frizzell proven DeMint Martinez Webb will of the American people, it con- an effective and fair legal professional, Dodd McCain Whitehouse Dole McCaskill Wyden tinues to disregard the people of the he is a devoted husband and loving fa- Nation, the authority of the Constitu- NOT VOTING—1 ther of six children. tion. The administration believes it Getting back again to Mr. Johnson can continue to ignore the message Wohlgemuth, he recalls an incident The nomination was confirmed that is coming—yes—from the Amer- where Judge Frizzell, had to work late The PRESIDING OFFICER. Under ican people, loudly and clearly: Bring one night doing work and he brought the previous order, the motions to re- our sons and daughters home. all six kids to spend time with them consider the votes on the nominations That is why the bipartisan resolu- into the late hours—anyone who can are considered made and laid on the tions we will be debating are so impor- handle six kids while doing his judicial table, and the President will be imme- tant. That is why they are so impor- work, I think can handle this job. diately notified of the Senate’s action. tant. We have a duty as the elected So, Judge Frizzell is a man of great f representatives of the people of the moral integrity who has proven his United States to be their voices and to character in both his private and pub- LEGISLATIVE SESSION speak the truth. And the truth is that lic life. I cannot say enough about him The PRESIDING OFFICER. The Sen- sending more American troops into and his qualifications to be the next ate will return to legislative session. Iraq would be a continuation of the U.S. District Court Judge for the mistakes that brought us there in the Northern District of Oklahoma and I f first place. The truth is that many of urge my colleagues to confirm his FAIR MINIMUM WAGE ACT OF 2007 us in both parties deeply, deeply dis- agree with the President’s decision to nomination. The PRESIDING OFFICER. Under increase our commitment in Iraq rath- The PRESIDING OFFICER. The Sen- the previous order, the Senate will re- er than to decrease it. The truth is that ator from Pennsylvania is recognized. sume consideration of H.R. 2, which the the American people are fed up with Mr. SPECTER. Mr. President, a brief clerk will report. having our—our—soldiers caught in the comment on Gregory Frizzell. He was The legislative clerk read as follows: crossfire of a civil war. born in Wichita, KS, which is a great A bill (H.R. 2) to amend the Fair Labor It is important to send that message note of distinction, being it is my Standards Act of 1938 to provide for an in- from the people to the President of the birthplace. I debated against his father crease in the Federal Minimum Wage. United States. But it is not enough. in high school. So I have a little more The PRESIDING OFFICER. The Sen- The American people are asking us to enthusiasm in asking my colleagues to ator from West Virginia is recognized. send a message, but they are also ask- support his confirmation. Mr. BYRD. Mr. President, I wish to ing us for answers. What is our strat- Mr. President, I yield the floor. speak on another matter. egy? What is our strategy in Iraq? I am The PRESIDING OFFICER. The The PRESIDING OFFICER. Without not a Johnny-come-lately on this ques- question is, Will the Senate advise and objection, it is so ordered. tion. I was against sending American consent to the nomination of Gregory IRAQ troops into Iraq in the first place. I Kent Frizzell, of Oklahoma, to be Mr. BYRD. Mr. President, the verdict said so, and I voted so. United States District Judge for the is in on the President’s plan to send So what is our strategy in Iraq? Why Northern District of Oklahoma? more American troops into Iraq: 68 per- are we there? When can our sons and The yeas and nays have been ordered. cent of the American people are op- daughters and grandchildren come The clerk will call the roll. posed to it; 62 percent of Active-Duty home? When can our sons and daugh- The assistant legislative clerk called military officers are opposed to it. Top ters come home? This President has the roll. military leaders have voiced skep- had almost 4 years to articulate an- ticism about whether an increase in swers to those questions. Unfortu- Mr. DURBIN. I announce that the troops will succeed in suppressing the nately, he has failed at every oppor- Senator from South Dakota (Mr. JOHN- sectarian violence that has consumed tunity. And so it falls to us—us, you SON) is necessarily absent. Iraq. The evidence is in. The voice of Senators and me, and Members of the The PRESIDING OFFICER. Are there the people, the American people—voix other body—to find a way forward out any other Senators in the Chamber de- populaire—is clear. It is time to turn of the mess he has created. That is why siring to vote? around. Unfortunately, this adminis- I will be introducing, within the com- The yeas and nays resulted—yeas 99, tration seems to have no intention of ing days, a resolution that is a new ap- nays 0, as follows: heeding that call from the people. proach to the war, a resolution that is

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This administration has claimed that the United States—it will restore to At the appropriate time, I will make debating the President’s plan will un- Congress its constitutional war-mak- the necessary motions to place my res- dermine the troops. Can you believe ing power. Do you believe me? I have it olution, the Byrd resolution, directly that? Debating—debating—debating right here. I hold in my hand a copy of onto the calendar, and I urge that the the President’s plan will undermine the the U.S. Constitution. It will restore to Senate schedule a debate on this pro- troops? Hogwash—h-o-g-w-a-s-h—hog- Congress its constitutional war-mak- posal soon after this body completes wash. Only 38 percent of the Active- ing power by adding conditions that action on the nonbinding resolutions. Duty U.S. military forces support send- would terminate the original 2002 use Although the President believes he can ing more troops into Iraq. To imply of force resolution. Hallelujah. Amen. I act without the support of the people, that the American people and the was against that to start with. Not ev- the Congress must not submit to such American troops are somehow incapa- erybody agreed with me, which was hubris. The work of the Congress must ble of hearing and participating in de- their right. But this would restore— be the work of the people, and there is bate about this war is utterly ridicu- where it was and ought to have been in no more important issue—hear me, lous—ridiculous—hogwash. the first place—to Congress its con- there is no more important issue—be- War—hear me now—war and the es- stitutional war-making power by add- fore our country today than finding a calation of war is not something to be ing conditions that would terminate way out of the quagmire in Iraq. decided in some backroom corridor far the original 2002 use of force resolu- Madam President, I yield the floor from the madding crowd, far from the tion. I was against it. But that resolu- and suggest the absence of a quorum. light of day. We have a duty—yes, a tion was enacted, and it is still the law The PRESIDING OFFICER (Mrs. duty—and a responsibility to delib- of the land. It is still the law of the MCCASKILL). The clerk will call the erate, to discuss, and to offer advice. land and will be the law of the land un- roll. The assistant legislative clerk pro- That is the way democracy works, and less and until the Congress acts to ter- ceeded to call the roll. that is the system established by our minate it. The conditions can be summarized as Mr. KENNEDY. Madam President, I Founding Fathers. You better believe ask unanimous consent that the order follows: We have achieved our objec- it. for the quorum call be rescinded. tive. We are no longer needed—or we Some have claimed that by putting The PRESIDING OFFICER. Without forward these resolutions, we are only are no longer wanted in Iraq. These are objection, it is so ordered. offering criticism—well, what is wrong not irresponsible conditions that would Mr. KENNEDY. Madam President, I with that in the beginning—and, they prolong our involvement in Iraq, nor do support the bipartisan compromise leg- say, not alternatives. But criticism is they require a chaotic or dangerous islation on Iraq. I urge my colleagues only the first step. That is all right. withdrawal of our troops. These are to support it as well. It is a stunning Criticism is only the first step. It is reasonable conditions that, through repudiation of the President’s mis- critical to send a consensus message to the exercise of the article I, section 8 guided strategy in Iraq, and it will put this President that he is moving us in powers granted to the Congress, set the Senate squarely on record in oppo- the wrong direction. The next step is to limits on the Iraq war resolution, sition to the surge. It is a clarion call show the President the right direction. which currently has no sunset provi- for change and a vote of no confidence That is why my resolution is so impor- sion. Hear me. It has no sunset provi- in the President’s failed policy. tant and why we should be allowed to sion. It goes on and on and on—like It was wrong for the President to debate it and to vote on it quickly. We Tennyson’s brook—forever, on and on take the country to war when we did, must show the President the way for- and on. Do we want that? That war res- the way we did, and for the false rea- ward. We must send a light in a binding olution will continue to be in effect in sons we were given. It is wrong to com- resolution that cannot be ignored. perpetuity. Do you know what that pound that mistake now by sending The American people want a funda- means? Till Kingdom comes; in per- tens of thousands of additional Amer- mental change in the administration’s petuity, from now on, as far as the ican troops into the middle of a civil policies toward Iraq. The American human eye can see and beyond that. war now taking place. people elected Congress—you, you, you, That war resolution will continue to be The American people oppose this es- and me—to make those changes. We in effect in perpetuity if the Congress calation. Many generals oppose it. A must demonstrate that the Congress does not act. And if Congress does not bipartisan majority of Congress op- can take and is prepared to take action act, that is an abdication of the respon- poses it as well. I especially commend to compel the President to create a sibility of the Congress—that is an ab- our colleague, Senator WARNER, for his strategy that is not simply more of the dication of the responsibility of the extraordinary service to the Nation same. Congress—to be a steward, a good stew- and making this compromise possible. The resolution I will be introducing ard, of its constitutional power to de- Could our message to the White will do exactly that. You may not clare war. House be any louder or clearer? I in- agree with it. The resolution will do Additionally, as the bipartisan Iraq tend, however, to press for binding ac- exactly that. This resolution reflects Study Group concluded, a clear mes- tion that will prevent the surge, unless the will of the American people that sage must be sent to the Iraqi Govern- the President changes course. If he the war in Iraq must be brought to a ment that the U.S. commitment to the doesn’t, I will seek a vote at the first close in a responsible way. It will es- war in Iraq is not open-ended. The Byrd appropriate opportunity. It is wrong tablish provisions to bring to a close resolution will point the way toward for the President to escalate this war the U.S. military engagement in Iraq concluding that commitment. and send more American soldiers into based not upon dates but based upon No Senator must set aside his or her the cauldron of civil war. conditions. views of the war in order to support the We are very hopeful that through the It will restore to Congress—Congress; Byrd resolution. Those who support a course of the afternoon we are going to that is us, the people’s elected rep- rapid redeployment of our troops must be finally able to get a vote on the in- resentatives in the House of Represent- realize that the Congress must first re- crease in the minimum wage from $5.15 atives and the U.S. Senate—it will re- assert the powers vested in this body to $7.25 an hour. This is the 9th day we store to Congress its constitutional by article I of the Constitution. Those have been on this particular legisla- war-making power by adding condi- who have supported the war but are tion. We have had over $240 billion tions that would terminate the original now calling for benchmarks for worth of increased tax preferences that 2002 use of force resolution. I was progress by the Iraqi Government have been suggested and rec- against that resolution. I spoke against should understand that there can be no ommended—always on the increase on it. I voted against it. I was against it. clearer call for benchmarks for the minimum wage.

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1485 This is not a very complex issue. We and 1973—to put this administration’s we have this idea on Wall Street that have not raised the minimum wage in economic policies in some perspective we can say everything is hunky-dory over 10 years. The purchasing power of because I think it is useful to try to and yet be a nation where we have the the minimum wage has gone down and find out exactly what it is and to un- highest child poverty rate in the world. down, and even with the increase now derstand it better. Rather than taking And Lord only knows that this week- to $7.25 an hour, it will only be restored one speech at a time, why don’t we end probably every person in this to the purchasing power it had 10 years look at what has been happening to the Chamber will be making a speech about ago. economy over the period of recent how children are our future and we This is an issue of fairness. It is years. have to invest in them, all of which is about people who work and work hard. This chart reflects statistics from absolutely true, but we have been fail- It is about men and women of dignity 1947 to 1973, over a 25-year period, and ing in our responsibility to look after who want to do a good job and also these indicators are the five different what has been happening to the chil- want to provide for their children. So I quintiles of income for the American dren in our country. am very hopeful we will have a chance economy, with the lowest at 20 percent. One might say: Well, this is all very this afternoon to move ahead and vote. What we are seeing is that all of the interesting, but what has the minimum We, on this side, have been prepared to different economic groups rose and wage got to do with any of this, Sen- vote on that increase from the first moved together. Actually, the ones ator? It is interesting, but the increase day. The House of Representatives only that rose the most were those at the in the minimum wage doesn’t solve took 4 hours. The Democrats were lowest part of the economic ladder. But these issues. And I agree with the joined by 80 Republicans to increase what this chart is saying is that the President that we have to do more in the minimum wage. economy of the United States of Amer- terms of education. We have to do more But over here, we have had 9 days of ica was working for everyone during in terms of training and in health and debate on the minimum wage, with a this 25-year period. Everyone. Every- in nutrition for these children. There is host of different amendments and still, one across the board was benefiting a great deal more we have to do for outside of cloture, we would have 96 from the expanding economy. children. It all starts, obviously, in the amendments that would have been of- If we look at 1973 to 2000, we begin to home, but schools are next, and then fered by our friends on that side. see the growth of these great dispari- communities. We all have to do a great I saw yesterday that the President of ties. This is from the Economic Policy deal more, but these are rather star- the United States went to Wall Street Institute, and these are figures from tling indictments. and made a speech about how good ev- 1973 to 2000. It was interesting that in Look at where the poverty rate is in erything was in terms of the American the President’s speech he talked about the United States. In States that have economy. I noticed that. I read through where we were 25 years ago. Of course, a high minimum wage, they have lower the speech. He was very robustly 25 years ago is when President Reagan poverty rates. This is directly related cheered by Wall Street during his reci- was President, and this is what we find, to the subject matter here. tation of some of the facts of what has which is right in the middle of that pe- We have talked generally about eco- been happening in the American econ- riod and when this major disparity nomic trends. We have talked about omy. But although the economy has started to grow. This would be, obvi- the growth in poverty and the growth worked very well for Wall Street—I ously, starting in 1980, and this is 1973 in child poverty. So one might ask: don’t know of anybody who is doubting to 2000. What can we do about it? Well, one that—it is a different situation on The previous chart showed them all major step forward we can take is Main Street. We have seen and heard, about even, with the lowest growing doing something about the minimum during the course of this debate, from the fastest. Now we are seeing the flow wage. Let’s prove it. many of our colleagues who related line and the top moving along the fast- Look at this chart. These are States many of the stories they witnessed est. And if we break this out even fur- with higher minimum wages. They are firsthand as they campaigned in their ther, between 1973 and 2000, we find this the States that have voted for an in- States and as they supported the ini- growth disparity starting under the crease in the minimum wage over the tiatives that took place in some six Republicans. It is 1980. The President Federal minimum wage. Again, these States across the country. Rather than made the reference to 25 years ago, and are the Census Bureau’s figures. The jobs that were going to lift you out of that is when the growth of this dis- national poverty rate we see is the red poverty, they are ending up being jobs parity started, and that is due to eco- line, and the States that have a higher that keep you in poverty. A minimum nomic policies. Economic policies. You minimum wage than the national aver- wage job was never meant to keep you just can’t get away from it. age have less child poverty. Less child in poverty. That is what it is doing If we look from 2000 to 2004, this poverty. today. chart reflects what has happened. Take This chart reflects poverty rates gen- To review what our situation is, the line that goes right across, and we erally, with the next chart reflecting looking at the growth of poverty in the find out that low-income Americans lower child poverty rates. Here is the United States, these are some of the are actually losing income and falling increase in the minimum wage, and it figures that were not included in the the fastest. This is a Census Bureau shows where child poverty is. The President’s speech yesterday. Between historical income table. These are the other chart showed families living in 2000 and 2005, 5.4 million more Ameri- governmental figures. So this isn’t a poverty. This is what happens in States cans are in poverty in this Bush econ- speech, these are governmental figures. with a higher minimum wage. Again, omy. This is in the last 5 years, from It shows this extraordinary growth in these are all Census Bureau figures. 2000 to 2005. What is more distressing is these disparities, and the people who So we can do something about child the number of children who are now have suffered the most have been chil- poverty by increasing the minimum living in poverty. This is the other side dren and also those at the lower end of wage. And there are many other things of the economic coin. This is not Wall the economic ladder, who are the min- we can do, such as increase the earned- Street; this is what is happening in imum wage workers. And that is what income tax credit, support the CHIP, communities all across our country. we are trying to change on the floor of Medicaid expansion, and other types of These are census figures, as of August the Senate, to give them a break and outreach programs. But one thing we 2006. We have 1.3 million more children give them a raise to $7.25. know we can do, and what we have be- who are living in poverty. We have not We can see what has happened as a fore the Senate this afternoon, is the seen a reduction in the number of chil- result of these economic policies of the issue of whether we are going to make dren in poverty; we have seen an in- recent past. These are the UNICEF progress in reducing child poverty. crease in the number of children in child poverty figures, and we see across That is the issue. That is one of the poverty. This has followed quite a se- the industrial world that the United significant outcomes of the vote this ries of economic policies that have States has the highest child poverty afternoon. brought us to where we are at the rate, the highest child poverty rate of We are seeing at the present time, ac- present time. We saw that between 1947 any industrial country in the world. So cording to the USDA, that we have 12.4

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But here we see what hap- out here and we haven’t been chal- morialize on the floor of the Senate for pens with these 6.4 million children lenged on any of these figures. the record the fact that one of our own who will benefit from this increase in We also hear, although not a great was also in that contest on Monday the minimum wage. deal during the course of this par- night. I am very proud of Miss Kate Mi- This is the spinoff from the increase ticular debate but in other debates, chael, Miss District of Columbia, who in the minimum wage. We are going to that this action will be inflationary. So has worked in my office for the past 3 get better attendance in our schools, we put the chart up that showed if we years. She is a talented, insightful better concentration, and better per- provide an increase in the minimum young woman, dedicated to the better- formance. We have seen that time and wage, in terms of the payroll, that the ment of mankind and committed to her time again. We are going to get higher increase is just one-fifth of 1 percent of country. She is a gifted professional test scores and higher graduation total payroll in this country. So the dancer who has danced off-Broadway. rates; children with stronger immune idea that it is going to add to inflation She is a beautiful person on the out- systems, better health, fewer expensive is basically misleading. Of course, it side, and she is equally beautiful on the hospital visits, and fewer run-ins with doesn’t compare to the kinds of in- inside. She is very bright. She grad- the juvenile justice system. creases we have seen in a lot of these uated magna cum laude from the Uni- We should go back and look at the corporate salaries. I wish we had heard versity of Georgia, and now, while pur- Perry preschool programs. The studies complaints about some of that as we suing the Miss America contest, work- reflect that when we make these in- were talking about the pressures of in- ing every day in the Health, Education, vestments in children that we will see creased payout. Labor, and Pensions Committee with every one of these kinds of indicators The arguments in favor of the in- me, at night she goes to Johns Hopkins come out in a positive way. And in- crease are compelling, they are over- to pursue a master’s degree in govern- creasing the minimum wage, as I men- whelming, and, hopefully, we are going ment. tioned, will have an impact on 6.4 mil- to have an opportunity this afternoon Truly, sometimes the media takes lion children. to finally get, after 10 years, an in- those sensational things that happen I will make just one final point, crease in the minimum wage. We have to young people that are always dis- Madam President. We have 50,000 been standing virtually in the same appointing and elevates them to front- spouses of our military who are work- place for 10 years trying to get an in- page news. Yet fine young women such ing today, 50,000 of them and their hus- crease. We had 16 days of debate on the as the ones we recognize in this resolu- bands, primarily husbands but also increase in the minimum wage outside tion rarely ever get a comment once wives, who are serving in the Armed of the last 9 days. So that is 25 days of the crown is placed on their head. But Forces of the United States of Amer- discussion on the floor of the Senate as I am very proud today to say how ica, and many of them are in Iraq or to whether we are going to increase the proud I am of Miss Kate Michael, Miss Afghanistan or served in Iraq and Af- minimum wage from $5.15 to $7.25 an District of Columbia, my employee and ghanistan, and they are earning $5.15 or hour over, basically, a 2-year period. It an employee of this Senate, who per- slightly more an hour today. So when has taken us all that time to get the formed masterfully and competed mas- we ask what can we do to indicate to Senate of the United States to hope- terfully in the Miss America contest our men and women in uniform that we fully vote positively on that proposal, and is the winner of a crown with me have some respect for their families, but I am very hopeful that will be the every day of the year. well, we have important responsibil- case later in the afternoon. I yield the floor. ities to their families. We can’t expect Madam President, I suggest the ab- The PRESIDING OFFICER. The Sen- we are going to have top-notch fighting sence of a quorum. ator from Ohio is recognized. personnel if they are worried about the The PRESIDING OFFICER. The Mr. BROWN. Madam President, I ask economic condition of their families. clerk will call the roll. unanimous consent to speak as in Any military leader will tell you that. The legislative clerk proceeded to morning business. So we have a responsibility to them call the roll. The PRESIDING OFFICER. Without because they are part of our national Mr. ALLARD. Madam President, I objection, it is so ordered. security, but we have a responsibility ask unanimous consent the order for f to them also if we are interested in the quorum call be rescinded. having the most efficient kind of fight- The PRESIDING OFFICER. Without AMERICA’S ECONOMIC HEALTH ing force. Yet we have 50,000 members objection, it is so ordered. Mr. BROWN. Madam President, ear- whose families are out there earning Mr. ALLARD. Madam President, I lier this week the President traveled to $5.15 or slightly more an hour. That further ask unanimous consent that I Peoria, IL, and yesterday to Wall can change. That will change. We can be allowed to speak as in morning busi- Street and delivered speeches that increase the benefits that reach these ness. painted a remarkably rosy picture of families. The PRESIDING OFFICER. Without our economy. He praised current U.S. Hopefully, we have had a good oppor- objection, it is so ordered. trade policy, applauding his evidence of tunity to talk about these issues. At (The remarks of Mr. ALLARD and Mr. success, the increase in global free- earlier times in the debate we had SALAZAR pertaining to the introduction trade agreements since taking office. I questions about, well, what is going to of S. 472 are located in today’s RECORD have to say that I, along with millions be the impact on small business. We under ‘‘Statements on Introduced Bills of middle-class families in Ohio, in showed the charts where they had in- and Joint Resolutions.’’) Missouri, all over this country, had to creased the minimum wage in some The PRESIDING OFFICER. The Sen- wonder what part of the country he States and, actually, the numbers of ator from Georgia is recognized. was talking about. In my State of small businesses and the expansion of CONGRATULATING MISS AMERICA CONTESTANTS Ohio, in Steubenville, in Youngstown, small business and the profitability of Mr. ISAKSON. Madam President, Toledo, Columbus, and Dayton, more small business had all been enhanced. later today the Senate will approve a than 180,000 manufacturing workers We had the question: Well, if we in- resolution commending Ms. Lauren lost their jobs in the time the Presi- crease the minimum wage, will there Nelson, Miss Oklahoma, as having been dent has been in the White House. be an increasing loss of employment? named Miss America in the contest on The President was right about one We demonstrated here the best answer Monday night. I certainly join all thing: Productivity is up, and that is a to that is what has happened in the Members of the Senate in congratu- testament to our Nation’s hard-work- past. At other times, historically, when lating her. ing and skilled labor force. Far too

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It so hap- fair trade that works for U.S. busi- share in the wealth they create for pened in the year 1973, two things hap- nesses. We want trade defined dif- their employers, creating a middle pened: the oil embargo, with the price ferently. We want different trade prac- class, creating a rising standard of liv- of oil shooting up; second, 1973 was the tices. We want trade that will help ing. year when the United States, histori- small business, that will help workers, The President also talked about wage cally with trade surpluses, fell into and that will stem the exploitation of increases for workers, but I am afraid trade deficits, and we have been in workers in developing nations. that is where he lost us again. I would trade deficit ever since 1973. No longer are Democrats and Repub- invite the President to sit down with a If we look again at this chart, from licans in Congress going to stand idly steelworker in Steubenville or a ma- 1946 to 1973, for 26 years, economic by while businesses and workers in chinist in Toledo or a small tool-and- growth was shared equally, with the Ohio, businesses and workers in places die shop owner in Dayton. Workers are lowest 20 percent actually growing at such as Gallipolis and Springfield and not seeing their wages increase, nor are the fastest rate and the top 20 percent Lima are penalized for playing by the they seeing new job opportunities. Em- at the lowest rate. Since 1973, when our rules. ployers are not seeing trade policies country went from persistent trade In the last Congress, we changed the that level the playing field. Our eco- surpluses to persistent trade deficits, debate on trade. In this Congress, we nomic values are skewed toward a very growing more and more and more every will change the face of trade. select few in this country. year, the lowest 20 percent now have I suggest the absence of a quorum. While it is true the President has the lowest growth rate, by far. The The PRESIDING OFFICER. The pushed 10 free-trade agreements highest top 20 percent have the fastest clerk will call the roll. through the negotiation process, he has growth rate, by far. The legislative clerk proceeded to done so using a fundamentally flawed We should also look at what has hap- call the roll. trade model. More of the same in this pened to the trade deficit. In 1972, the Mr. SALAZAR. Madam President, I case is not such a good thing. year I first ran for Congress, our coun- ask unanimous consent that the order What the President did not say dur- try had a $38 billion trade deficit. In for the quorum call be rescinded. ing his speech was that trade negotia- 2006, when the numbers are finalized, The PRESIDING OFFICER. Without tions are falling apart. The Central our trade deficit will exceed $800 bil- objection, it is so ordered. American Free Trade Agreement lion. We went from a $38 billion to a Mr. SALAZAR. Madam President, I pushed through the House of Rep- $800 billion trade deficit. As President ask to speak for up to 10 minutes as in resentatives by one vote in the middle Bush first pointed out, back in 1989– morning business. of the night still has not been fully im- 1990, $1 billion in trade deficit or trade The PRESIDING OFFICER. Without plemented. The subsequent Andean surplus translates into 13,000 jobs. So objection, it is so ordered. Free Trade Agreement fell apart before do the math: $1 billion in trade deficit IRAQ it even began. Two years ago, thou- translates into 13,000 lost jobs. Our Mr. SALAZAR. Madam President, as sands of workers in Central America trade deficit is now $800 billion for the we anticipate the beginning of the dis- took to the streets protesting this year 2006. Our trade deficit with China cussion and debate with respect to the failed trade policy. Last week, tens of in 1992, the year I first ran for the future of the involvement of the United thousands of workers in Korea took to House of Representatives, our trade States in Iraq, it is important for Mem- the streets protesting a pending free- deficit with China was barely into the bers always in this Chamber to remem- trade agreement with our country. double digits. Today our trade deficit ber we are all unified in honoring the Why? Again, because the administra- with China has reached about $250 bil- men and women who serve in the tion continues to use a failed trade lion. Armed Forces and those men and model for these agreements. Revamp- It is clear our trade policy has failed. women who continue to fight in Iraq ing U.S. trade policy is not just about We have given countries such as China, with such bravery and such valor that taking better hold of our economic countries that exploit sweatshop labor we cannot forget what they do. Every health; it is about establishing prior- and manipulate their currency, an un- Member in the Senate honors the sac- ities in Washington that reflect family fair and unnecessary advantage. rifice which our troops and their fami- values at home and building strong re- If trade agreements can be crafted to lies have made over the past 4 years. lationships with trading partners protect drug patents and drug compa- That sacrifice will not, cannot, and abroad. nies, those same trade agreements can will never be forgotten. While the administration continues protect the environment. If trade It is also important to remember to be out of touch with Main Street, I agreements can be crafted to protect that no matter how contentious the de- am pleased to say that finally in this international property rights and Hol- bate might become in the weeks and Congress there is a bipartisan fair lywood films, the same trade agree- months ahead, every Senator shares trade effort underway. I am working ments can protect workers, small the same basic goals: The goal is sim- with Democratic Senator BYRON DOR- American businesses and our commu- ply peace and stability in the Middle GAN of North Dakota and Republican nities. East and a safe return of our troops to Senator LINDSEY GRAHAM of South Current U.S. trade policy allows for their homeland. Carolina on a new direction for trade the inhumane exploitation of foreign We may disagree on the best path to policy. It is not a question of if we workers; it exacerbates job losses in the end. It is important to remember trade but how we trade and who, in places such as Lima and Zanesville, what binds us together as America so fact, benefits from trade. OH. It puts local businesses—particu- we will not be torn too far apart and we While discussing the minimum wage larly small tool and die, machine can help end the divisiveness which has this week, Senator KENNEDY used these shops, small manufacturers—at an un- occurred in our country over this issue charts to illustrate the development fair disadvantage, forcing thousands of and move forward in a bipartisan way over time of drastic economic inequal- them to close, as large corporations to restore the greatness of America in ity in our country. From 1946 to 1973, move to Mexico, China, and elsewhere the world. economic opportunities for poor and overseas. It is my hope the anticipated debate working families grew. The lowest 20 In my home State of Ohio, more than that will occur will be with a spirit of percent actually had higher growth, 40,000 jobs have been lost to China in bipartisanship and with a spirit of ci- percentagewise, than the top 20 percent the last decade, allowing foreign com- vility. I am especially pleased we have in this country. The families who panies to pay slave wages, to abuse arrived at a bipartisan resolution

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1488 CONGRESSIONAL RECORD — SENATE February 1, 2007 which plainly states Congress does, in I will briefly elaborate on some of constitutional duty as a coequal fact, support a new direction in Iraq. I these points. The President’s plan to branch of Government as we move for- commend the efforts of the bipartisan simply surge or increase the number of ward with what is one of the most im- group of Senators who worked together troops in Iraq by 21,500 would be a mis- portant questions that today faces the to provide a positive framework for take. First, the violence in Iraq is be- American Nation. protecting our national security, sup- coming increasingly sectarian, even The resolution I hope will be consid- porting our troops, and defining our intrasectarian. I worry that the Amer- ered in the Senate this next week is a mission in Iraq. That compromise reso- ican troops we are sending there are first step in that direction. I am proud lution reflects the will of the American being placed in what is the midst of a to be a sponsor and a supporter of that people that we must, in fact, chart a civil war. resolution. new course of success in Iraq. Second, I also worry that the larger f I especially commend the leadership American military presence will dis- RECESS SUBJECT TO THE CALL OF and the great efforts of Senator WAR- courage the Iraqis from taking respon- NER, Senator NELSON, Senator COLLINS, sibility for their own security. As Gen- THE CHAIR Senator LEVIN, Senator BIDEN, Senator eral John Abizaid said in this Capitol Mr. SALAZAR. On behalf of the ma- HAGEL, and others who have been in- last November: jority leader, I ask unanimous consent volved in this effort over the last sev- ... it’s easy for the Iraqis to rely upon us the Senate now stand in recess subject eral days. to do this work. I believe that more Amer- to the call of the Chair. Until now, the debate over our mis- ican forces prevent the Iraqis from taking There being no objection, the Senate, sion in Iraq has been dominated by es- more responsibility for their own future. at 2:29 p.m., recessed until 3:26 p.m., sentially what has been a false choice. As we enter the debate over the next and reassembled when called to order On the one hand, we have had before several days and weeks in this Senate, by the Presiding Officer (Ms. Congress and before the American peo- we should not forget those words: KLOBUCHAR). ple plan A, which is the President’s I believe that more American forces pre- Mr. KENNEDY. I suggest the absence plan, which essentially has been to say, vent the Iraqis from taking more responsi- of a quorum. stay the course, plus, add another bility for their own future. The PRESIDING OFFICER. The 21,500 troops into the fight in Baghdad. Furthermore, I am concerned that clerk will call the roll. This would be a mistake. It would put the plan places too much faith in the The legislative clerk proceeded to more American troops into the middle present Iraqi Government, which has call the roll. of a civil war and places too much faith so far shown little willingness to make Mr. KENNEDY. Madam President, I in what has been, to us, an incom- the difficult decisions necessary to ask unanimous consent that the order petent Iraqi Government that has stop the bloodshed and the violence for the quorum call be rescinded. failed to do its work in securing the within their own country. The PRESIDING OFFICER. Without peace for its people and their country. Finally, we have recent experience objection, it is so ordered. On the other hand, we have plan B, where the additional troops who have f which is advocated by some Members been sent into Iraq indicate that the FAIR MINIMUM WAGE ACT OF of Congress, both in the House and this results of those operations of the last 7 2007—Continued Senate, which calls for a more or less to 8 months have not been successful. precipitous withdrawal from Iraq. Last year, we tried two separate Mr. HARKIN. Madam President, I From my point of view, this, too, is a surges—one was named Operation To- rise to discuss an amendment I have bad choice. It could open the door to gether Forward I and the other was Op- filed to eliminate a provision that was even more bloodshed and to a dan- eration Together Forward II—and nei- added to the minimum wage bill re- gerous regionwide military escalation ther stopped or slowed the violence in garding employee leasing firms, also not only in Iraq but throughout the Iraq. known as professional employer orga- Middle East. In fact, the bipartisan Iraq Study nizations, or PEOs. In my view, what we need is a plan C. Group found that the violence had es- I have fought for a clean minimum That plan C should reflect the bipar- calated during that same time period wage bill, on the grounds that workers tisan opposition to the President’s pro- by 43 percent. have been waiting 10 long years for this posal to send an additional 21,500 Adding to this is all the additional raise. During that time, businesses troops to Iraq and also propose an al- strain that a troop increase will place have seen record profits and produc- ternative strategy for success in Iraq. on our service men and women and tivity—and that has been equally the That is exactly what we have accom- their families. case in States and regions that have plished with this compromise resolu- For these reasons, I oppose the Presi- raised the minimum wage. Yet now we tion which would make clear the fol- dent’s plan to increase our troop pres- are being asked to include this aggres- lowing: First, that a bipartisan major- ence in Iraq. I am proud to be a cospon- sively anti-worker PEO provision in ity of Senators disagrees with the sor of the resolution that will be before order to pass a minimum wage increase President’s plan to increase the num- this Senate. This resolution is more in the Senate. ber of United States troops in Iraq as than about opposing the President’s For my colleagues and others who he has proposed; second, that the pri- plan. It proposes a new strategy by may not know what a PEO is, let me mary objective of a United States calling for an enhanced diplomatic ef- explain. It is an organization that han- strategy in Iraq should be to encourage fort, a new focus on maintaining the dles administrative details for workers the Iraqi leaders to make the political territorial integrity of Iraq, maintain- who actually do work for another com- compromises that are necessary to im- ing the territorial integrity of Iraq, so pany. For example, I might technically prove security, foster reconciliation, that the weapons that are flowing from be employed by Tristate PEO, but I ac- strengthen the Government, and end Iran and from Syria into that country tually show up to work every day at the violence; third, that the United can, in fact, be stopped. Stopping the Main Street Construction Company. States has an important role to play in flow of weapons and terrorists into Companies use PEOs so they don’t have helping to maintain the territorial in- that country will be part of bringing to handle the tax-and-benefits paper- tegrity of Iraq, conducting counterter- about the security that is needed in work for many of their workers. rorism activities, promoting regional that country. The language in the PEO provision, stability and training and equipping It also calls for a renewed focus on however, seeks to make these PEOs the the Iraqi troops; and, finally, that the helping the Iraqis achieve a political ‘‘employer of record’’ for tax purposes. United States should engage the na- settlement which is, at the end, a pre- PEOs have sought to become the ‘‘em- tions in the Middle East to develop a condition to any successful outcome in ployer of record’’ under various laws regional, internationally sponsored Iraq. because they would like to be able to peace and reconciliation diplomatic We need a new direction in Iraq. We tell employers that the PEOs can inde- process and initiative within Iraq and need to speak in a bipartisan voice. We, pendently take care of payroll taxes, throughout the region. as an institution, need to fulfill our workers’ compensation, unemployment

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1489 insurance, and the like. However, in this modest and long-overdue increase nearly 80 percent are adults. These the past, PEOs have misrepresented in the wages for those at the lowest hardworking Americans deserve a fair what jobs are covered by workman’s rungs of the economic ladder. deal. compensation—for instance, by charac- Mr. LEVIN. Madam President, I have In addition to the long overdue min- terizing construction workers as cler- long supported an increase in the min- imum wage provision, this bill contains ical. Under current law, legal responsi- imum wage. I am pleased that, with a package of tax provisions. I am bility for employer obligations typi- the leadership of the new majority in pleased that these include a number of cally remains partly or wholly with the Congress, this minimum wage increase measures to crack down on abusive tax worksite employer. will be passed by a bipartisan majority. dodges, including an improvement to Making a PEO the sole employer In 1996 Congress raised the minimum current law to end the tax benefits re- makes the evasion of labor and employ- wage by 90 cents an hour in two steps ceived by companies that reincorporate ment standards much easier. The Na- to $5.15 an hour. That increase was en- and set up shell headquarters in off- tional Employment Law Project and acted more than 10 years ago. Since shore tax havens. other worker-rights advocates have then, the real value of that wage has I am also pleased that the bill ex- concluded that the language now in the eroded by 21 percent and the nearly 5.5 tends the work opportunity tax credit, bill would make it harder for employ- million workers earning the minimum which allows employers credit against ees to go to an arbiter and get unpaid wage have already lost all of the gains wages for hiring workers from targeted overtime, unemployment insurance from the 1996–1997 increase. Since then, groups such as recipients of public as- benefits, or workman’s compensation Gallup polls have shown that 86 per- sistance, qualified veterans, and ‘‘high benefits if the PEO collapses. And this cent of small business owners do not risk’’ youth. I have heard from a num- is by no means hypothetical. Such col- think that the minimum wage affects ber of Michigan companies that the lapses have happened not just with their business, and nearly half of small WOTC program is important to them in small, fly-by-night operations, but business owners think that the min- their hiring members of these targeted with large PEOs like Administaff and imum wage should be increased. Since groups, and I am pleased that this pro- Simplified Employment Services, SES. then, 29 States, including Michigan, as vision will be extended through the end For example, when SES allowed well as the District of Columbia have of 2012. health insurance premiums to go un- recognized the importance of keeping I am also pleased that the tax provi- paid and then went bankrupt, it left our working families out of poverty by sions would put in place a limit on the amount that corporate executives and employees like Melanie Martin out in increasing State minimum wages. other highly paid employees can place the cold. She said ‘‘We trusted him to Unfortunately, since the 1970s, pov- tax-free into deferred compensation pay our insurance premiums, and now erty has increased by 50 percent among plans. Under current law, public com- I’m stuck with a $7,000 surgery bill. full-time, year-round workers. Cur- panies cannot deduct more than $1 mil- Every time I think about this, I cry.’’ rently, 37 million Americans, including In 2004, when MidAtlantic Postal Ex- 13 million children, live in poverty. As lion per year for compensation paid to their top officers. However, compensa- press in Roanoke, VA, went bankrupt, the most prosperous nation in the tion that is ‘‘deferred,’’ meaning the the U.S. Treasury wasn’t the only one world, our minimum wage should be a employee doesn’t have immediate ac- left holding the bag. Employees were living wage, and it is not. When a fa- cess to it, is not subject to this $1 mil- left wondering where to turn for thou- ther or mother works full time, 40 lion limit; so deferred compensation sands of dollars in back pay. Victory hours a week, year-round, they should packages have become a main way that Compensation Services was the PEO be able to lift their family out of pov- company executives can get multi-mil- handling the workers’ pay and benefits, erty. A full-time minimum wage la- lion dollar compensation packages and admitted that workers had no borer working 40 hours a week for 52 while their companies continue to take workman’s compensation coverage weeks earns $10,700 per year—more a tax write-off. even though MidAtlantic had paid Vic- than $6,000 below the Federal poverty We have seen these excessive pack- tory premiums. But Victory blamed guidelines for a family of three. ages time and again in recent stories I believe that a full-time minimum MidAtlantic for the unpaid payroll. about runaway executive compensation wage job should provide a minimum Now, let’s say that you are newly un- totaling tens of millions of dollars. standard of living in addition to giving employed trucker who is owed $7,000 in Tens and even hundreds of millions of workers the dignity that comes with a back pay. This is a complicated mess dollars have been salted away in this paycheck. These lower paid workers, for a worker to try to navigate just to fashion for corporate executives, and get a paycheck that he or she is owed. many of whom have entered the work- companies have simply found another This is part of a larger, systemic force due to the welfare reform, should way to game the system by excluding problem. Working people in the United be rewarded for entering the workforce, this ‘‘deferred compensation’’ from States feel less and less empowered in not penalized by a poverty wage. A those individuals’ income for the year. our you’re-on-your-own society. Sev- higher minimum wage has the poten- It is more than time for Congress to enty percent of families are headed by tial to ensure that lower paid workers put an end to this game which has either dual-income couples or a single will be protected from falling into pov- fueled excessive executive pay. parent. The housing bubble is bursting. erty and possibly back on the welfare This bill would set a limit on the Globalization is sending American jobs rolls. The minimum wage increase dur- amount of compensation that could re- overseas. Pensions are being frozen at ing the recession in 1991 provided much ceive tax deferral at the lower of $1 an unprecedented pace. The national needed income to poor people and million annually or the average of the savings rate has actually gone into helped to increase spending in the previous 5 years compensation. The negative figures. Women are working economy. 58 percent of the benefit of ability of corporate executives to defer an average of 500 more hours more per the 1996 increase went to families in tax on up to $1 million in compensation year than in 1979. But productivity has the bottom 40 percent of income is still a significant benefit that stands increased 70 percent since then. People groups. Over one-third of the benefit in stark contrast to the minimum wage are working harder and getting paid went to the poorest families—those in we are attempting to raise for those at less. the bottom 20 percent of income the lowest end of the pay scale. In this context of economic anxiety, groups. It is only right that those who are at we shouldn’t be making it even harder Today the real value of the minimum the low end of the pay scale who work for workers to organize, negotiate or wage is $4.00 below what it was in 1968. hard should receive a fair wage and be enforce contracts, or fight for their To have the purchasing power it had in able to support their families. These rights under law. But that will be the 1968, the minimum wage would have to people do not always have the leverage sure-fire result if the final bill has this be at least $9.37 an hour today, not to negotiate a fair salary. This bill to PEO provision in it. $5.15. According to the United States increase the minimum wage will help I urge my colleagues to strip this Department of Labor, over 60 percent to move them to a more livable wage. provision from the bill. We must not of minimum wage earners are women; Mr. INHOFE. Madam President, I sacrifice worker rights in exchange for almost 40 percent are minorities, and will unavoidably miss the final vote on

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Kennedy Proposal DeMint Proposal Current $ Wage $ Wage State MinWage 2007 2008 2009 Hike 2007 2008 2009 Hike In Effect $5.85 $6.55 $7.25 $0.70 $1.40 $2.10

Alabama ...... $5.15 $5.85 $6.55 $7.25 $2.10 $5.85 $6.55 $7.25 $2.10 Alaska ...... 7.15 7.15 7.15 7.25 0.10 7.85 8.55 9.25 2.10 Arizona ...... 6.75 6.75 6.75 7.25 0.50 7.45 8.15 8.85 2.10 Arkansas ...... 6.25 6.25 6.55 7.25 1.00 6.95 7.65 8.35 2.10 California ...... 7.50 7.50 8.00 8.00 0.50 8.20 8.90 9.60 2.10 Colorado ...... 6.85 6.85 6.85 7.25 0.40 7.55 8.25 8.95 2.10 Connecticut ...... 7.65 7.65 7.65 7.65 — 8.39 9.10 9.80 2.15 Delaware ...... 6.65 6.65 7.15 7.25 0.60 7.35 8.05 8.75 2.10 District of Columbia ...... 7.00 7.00 7.55 8.25 1.25 8.70 9.40 10.10 3.10 Florida ...... 6.67 6.67 6.67 7.25 0.58 7.37 8.07 8.77 2.10 Georgia ...... 5.15 5.85 6.55 7.25 2.10 5.85 6.55 7.25 2.10 Hawaii ...... 7.25 7.25 7.25 7.25 — 7.95 8.65 9.35 2.10 Idaho ...... 5.15 5.85 6.55 7.25 2.10 5.85 6.55 7.25 2.10 Illinois ...... 6.50 7.50 7.75 8.00 1.50 7.20 7.90 8.60 2.10 Indiana ...... 5.15 5.85 6.55 7.25 2.10 5.85 6.55 7.25 2.10 Iowa ...... 5.15 5.85 6.55 7.25 2.10 5.85 6.55 7.25 2.10 Kansas ...... 5.15 5.85 6.55 7.25 2.10 5.85 6.55 7.25 2.10 Kentucky ...... 5.15 5.85 6.55 7.25 2.10 5.85 6.55 7.25 2.10 Louisiana ...... 5.15 5.85 6.55 7.25 2.10 5.85 6.55 7.25 2.10 Maine ...... 6.75 7.00 7.00 7.25 0.50 7.45 8.15 8.85 2.10 Maryland ...... 6.15 6.15 6.55 7.25 1.10 6.85 7.55 8.25 2.10 Massachusetts ...... 7.50 7.50 8.00 8.00 0.50 8.30 9.00 9.70 2.10 Michigan ...... 6.95 7.15 7.40 7.40 0.45 7.65 8.35 9.05 2.10 Minnesota ...... 6.15 6.15 6.55 7.25 1.10 6.85 7.55 8.25 2.10 Mississippi ...... 5.15 5.85 6.55 7.25 2.10 5.85 6.55 7.25 2.10 Missouri ...... 6.50 6.50 6.55 7.25 0.75 7.20 7.90 8.60 2.10 Montana ...... 6.15 6.15 6.55 7.25 1.10 6.85 7.55 8.25 2.10 Nebraska ...... 5.15 5.85 6.55 7.25 2.10 5.85 6.55 7.25 2.10 Nevada ...... 6.15 6.85 7.65 8.25 2.10 7.85 8.55 9.25 2.10 New Hampshire ...... 5.15 5.85 6.55 7.25 2.10 5.85 6.55 7.25 2.10 New Jersey ...... 7.15 7.15 7.15 7.25 0.10 7.85 8.55 9.25 2.10 New Mexico ...... 5.15 5.85 6.55 7.25 2.10 5.85 6.55 7.25 2.10 New York ...... 7.15 7.15 7.15 7.25 0.10 7.85 8.55 9.25 2.10 North Carolina ...... 6.15 6.15 6.55 7.25 1.10 6.85 7.55 8.25 2.10 North Dakota ...... 5.15 5.85 6.55 7.25 2.10 5.85 6.55 7.25 2.10 Ohio ...... 6.85 6.85 6.85 7.25 0.40 7.55 8.25 8.95 2.10 Oklahoma ...... 5.15 5.85 6.55 7.25 2.10 5.85 6.55 7.25 2.10 Oregon ...... 7.80 7.80 7.80 7.80 — 8.50 9.20 9.90 2.10 Pennsylvania ...... 6.25 6.25 6.55 7.25 1.00 6.95 7.65 8.35 2.10 Rhode Island ...... 7.40 7.40 7.40 7.40 — 8.10 8.80 9.50 2.10 South Carolina ...... 5.15 5.85 6.55 7.25 2.10 5.85 6.55 7.25 2.10 South Dakota ...... 5.15 5.85 6.55 7.25 2.10 5.85 6.55 7.25 2.10 Tennessee ...... 5.15 5.85 6.55 7.25 2.10 5.85 6.55 7.25 2.10 Texas ...... 5.15 5.85 6.55 7.25 2.10 5.85 6.55 7.25 2.10 Utah ...... 5.15 5.85 6.55 7.25 2.10 5.85 6.55 7.25 2.10 Vermont ...... 7.53 7.53 7.53 7.53 — 8.23 8.93 9.63 2.10 Virginia ...... 5.15 5.85 6.55 7.25 2.10 5.85 6.55 7.25 2.10 Washington ...... 7.93 7.93 7.93 7.93 — 8.63 9.33 10.03 2.10 West Virginia ...... 5.85 5.85 6.55 7.25 1.40 6.55 7.25 7.95 2.10 Wisconsin ...... 6.50 6.50 6.55 7.25 0.75 7.20 7.90 8.60 2.10 Wyoming ...... 5.15 5.85 6.55 7.25 2.10 5.85 6.55 7.25 2.10 22 States—Fully Impacted. 18 States—Partially Impacted. 10 States—Not Impacted.

Mr. FEINGOLD. Madam President, I by promoting higher wages for other hard-working Americans the respect speak today in support of passage of working Americans earning more than and dignity their work demands. H.R. 2, the Fair Minimum Wage Act of the minimum wage. This increase is More and more of these working 2007. The Federal minimum wage has sorely needed because the current min- Americans find themselves mired in not been increased in almost 10 years imum wage cannot adequately support poverty or living on the cusp of pov- and an increase is long overdue. I have workers as its value has eroded signifi- erty. Right now, there are 37 million been a strong supporter of an increase cantly since the last increase in 1997. Americans living in poverty, including in the Federal minimum wage for Furthermore, the Center on Budget 13 million children. Since the 1970s, many years and I am delighted the and Policy Priorities notes that after poverty has increased by 50 percent for Senate is finally about to vote for an adjusting for inflation, the value of the full-time, year-round workers. Min- increase in the Federal minimum wage. minimum wage is at its lowest level imum wage workers who work full This much-needed increase is pro- since 1955. As the costs of housing, time earn $10,700 a year, which is al- jected to benefit close to 13 million health care, energy, and education con- most $6,000 below the Federal poverty Americans either with a direct increase tinue to skyrocket, we must raise the guidelines for a family of three. No in their minimum wage or indirectly minimum wage to provide millions of American should work full-time, year-

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Some Americans may think plies purchased that were manufac- will provide more money for workers to that the majority of minimum wage tured outside of the United States; (b) purchase prescription drugs, to pay workers are teenagers in the first job; an itemized list of all waivers of the utilities and rent, to provide child care that perception is incorrect. The Eco- Buy American Act granted with re- for their children, and to invest in nomic Policy Institute notes that over spect to such articles, materials, or higher education opportunities. This 70 percent of minimum wage workers supplies, and a citation to the treaty, increase is needed because the major- are adults and in Wisconsin, over 80 international agreement, or other law ity of the low income people in our percent of minimum wage workers are under which each waiver was granted; country are working and are holding adults. Moreover, of these adult min- (c) if any articles, materials, or sup- down low-paying jobs with stagnant imum wage workers, over 30 percent plies were acquired from entities that wages that do not allow them to break are the sole breadwinners of their fami- manufacture articles, materials, or free from poverty. lies. supplies outside the United States, the Even with this increase in the Fed- I think it is unconscionable that in specific exemption under the Buy eral minimum wage, workers in Wis- the almost 10 years that we have not American Act that was used to pur- consin and throughout the country will raised the minimum wage, Congress chase such articles, materials, or sup- still struggle to afford housing. The has voted to increase its own pay by plies; and (d) a summary of total pro- National Low Income Housing Coali- $31,600. People in Wisconsin find it hard curement funds spent on goods manu- tion estimates that the fair market to understand why Members of Con- factured in the United States versus rent for a two-bedroom apartment in gress received substantial pay raises at funds spent on goods manufactured Wisconsin is $666 a month and cal- a time when the real value of the min- outside of the United States. culates that a worker in Wisconsin imum wage has eroded by 20 percent The amendment also requires that needs to make $12.80 an hour to avoid since 1997. As my colleagues know, I these reports should be made publicly paying more than 30 percent of his or have long fought against automatic available to the maximum extent pos- her income on housing. According to congressional pay increases and will sible and contains a common sense ex- NLIHC data, a full-time minimum continue to do so. I have introduced ception for members of the intelligence wage employee earning the current legislation that would put an end to community. $5.15 an hour needs to work 79 hours a automatic cost-of-living adjustments I have long believed that an impor- week, 52 weeks a year to afford a two- for congressional pay. Mr. President, tant way Congress can support Amer- bedroom apartment. Madam President, we have Americans who are working ican manufacturers and workers is to 79 hours a week is almost the equiva- full time, 52 weeks a year and they can- ensure that the Federal Government lent of two full-time minimum wage not afford health care, housing, and buys American-made goods whenever workers and the number of hours of child care. They don’t have the power reasonably possible. Congress enacted work required to cover the costs of an to automatically raise their pay—they such a policy when it passed the Buy apartment are even higher in States are dependent on Congress to raise the American Act of 1933. That act requires with higher housing costs. It is a dis- Federal minimum wage. But instead of government agencies to purchase grace that in many cases, minimum working to raise the minimum wage American-made goods but allows these wage workers working full time cannot during the past 10 years, we in Con- requirements to be waived in certain afford adequate housing or are forced gress worked to protect our automatic specified cases. I am concerned that to pay a huge share of their income to pay raises. those waivers may be being used exces- cover housing costs. While this in- Opponents of increasing the min- sively. Unfortunately, right now, only crease will alleviate some of the hous- imum wage argue that it hurts the the Department of Defense is required ing affordability burdens facing work- economy and job growth, but past in- to permanently report on its use of ers, more needs to be done this year to creases in the minimum wage do not waivers of domestic procurement laws. promote affordable housing, including support that argument. In the 4 years I hope that this Buy American report- expanding rental assistance and afford- after the previous minimum wage in- ing language can help ensure that the able housing production. crease, nearly 12 million new jobs were entire government buys American- Unfortunately hunger and food inse- created. A 1998 Economic Policy Insti- made goods in every possible cir- curity are also a reality for far too tute study did not find significant job cumstance, and is able to explain its many minimum wage workers. Even in loss associated with the 1997 minimum reasons when it does not do so. This is a State known for its diverse agricul- wage increase. Additionally, the Center a straightforward way to help ensure tural production, many Wisconsinites on Wisconsin Strategy examined job that the Federal Government—and periodically face hunger. Food Stamps, growth after the June 2005 increase in American taxpayer dollars—support or FoodShare as it is known in Wis- Wisconsin’s minimum wage and found American workers. consin, serves over 25 million nation- that Wisconsin had an average growth My State has suffered a huge loss of wide and 329,000 Wisconsinites. Even of 30,000 more jobs, not a job loss. manufacturing jobs over the past 6 with this and other Federal nutrition This increase is a great start, but fyears. According to statistics from the assistance programs combined with the more needs to be done for the Amer- Department of Labor, Wisconsin lost dedicated work of food pantries, soup ican worker. I am pleased an amend- over 90,000 manufacturing jobs between kitchens and even many religious orga- ment I offered was accepted into the January 2000 and November 2006. Unfor- nizations, 9 percent—or 1 out of 11 of underlying package that seeks to sup- tunately, many other manufacturing households in Wisconsin lack sufficient port American manufacturers. I thank states around the country are facing food. Many of these food assistance re- my colleague, Senator KENNEDY, for his similarly tough times. The Economic cipients are working at low-wage jobs, leadership in moving this bill through Policy Institute reported that the Au- so increasing the minimum age is an the Senate and both he and his staff for gust 2006 level of manufacturing em- important step. But even with this im- their assistance in getting my Buy ployment is ‘‘at near lows not seen provement, it will not fully solve this American reporting requirement since the 1950s.’’ The continued loss of problem and I will continue to work to amendment accepted into the Senate high-paying manufacturing jobs under- provide improved Federal support in package. This amendment is based on scores the need for the Federal Govern- the Farm Bill and elsewhere to reduce past Buy American reporting require- ment to support American workers and hunger. ments that I have been successful in businesses by buying American-made Housing costs are not the only neces- getting enacted in various appropria- goods. sity of life that minimum wage work- tions bills from fiscal year 2004 through American workers need our support ers have to provide for themselves and fiscal year 2006. on a range of issues, whether it is by

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1492 CONGRESSIONAL RECORD — SENATE February 1, 2007 increasing the minimum wage, fighting annually for inflation, will not be im- included provisions that limited de- against bad trade policies, or encour- pacted by this boost. Nevertheless, I ferred nonqualified compensation aging the purchase of American-made support the increase of the Federal plans. In brief, the legislation limited goods. The Senate took a good first minimum wage for our Nation’s em- when and under what circumstances step with the passage of this legisla- ployees. I also support the inclusion of distributions could be made. tion. I was proud to vote for the 1996– the small business tax relief in the leg- More recently, in the Pension bill 1997 increase bringing the minimum islation. I believe this is a valuable leg- passed last year, Congress restricted wage to its current level of $5.15 an islative package, helping both our Na- funding of nonqualified deferred com- hour and I am pleased to now support tion’s employees and small businesses pensation plans if the employer had un- the increase in the Federal minimum and strengthening America’s workforce derfunded certain other retirement wage from $5.15 to $7.25. and economy. plans. When the minimum wage was estab- The bill before us today will have a lished in 1938, its purpose was to ensure positive impact on our low-income In addition, the Finance Committee that American workers were fairly workers. An estimated 14 million work- last September had a hearing that compensated for a day’s work. Despite ers will receive a pay increase if the looked closely at executive compensa- the passage of this increase, far more minimum wage were raised from $5.15 tion that covered a wide range of pay work needs to be done to support hard- to $7.25. There are roughly 3.9 million issues involving top employees. working American families. I look for- families with children under 18 that As my colleagues can see, the issue of ward to working with my colleagues in will benefit from this minimum wage executive compensation and particu- this new Congress to promote housing, increase, including 1.4 million single larly nonqualified deferred compensa- education, and health care policies parents. tion has been of long-standing interest that support the working men and I am proud that we had this debate for the Finance Committee. I expect women of this country. This is a great on the Senate floor. By engaging in that these matters will continue to victory for families in Wisconsin and this bipartisan discussion, we were able command the attention of the com- throughout the Nation and it is my to reach a compromise that benefits mittee this Congress. hope that this first step paves the way low-income American workers. After 10 years, hard-working Americans, many The majority of concerns that have for additional legislative victories for been raised about this most recent pro- working Americans this year. of whom are working full-time jobs, will be in a better position to pay their vision contained in the minimum wage Mr. DOMENICI. Madam President, I bill is its possible impact on middle rise today in support of the Fair Min- bills, take care of their families, and reinvest in the economy. management. I appreciate those calling imum Wage Act of 2007, H.R. 2. for caution. The Finance Committee’s It has been 10 years since Congress I also support the tax relief included Republican staff is reviewing the legis- last voted to raise the minimum wage. in this bill for our Nation’s small busi- lation and seeking to get more and bet- In the meantime, our cost of living has nesses. As a small business owner, I ter numbers about who is affected by increased annually and working fami- know first hand what it takes to meet this legislation. In addition, there have lies have struggled to meet their most a payroll and to sign the front of a pay- been bipartisan discussions at the staff basic needs. The current Federal min- check. Small businesses are the back- bone of the American economy, em- level. imum wage just isn’t sufficient. Now is ploying more than half of all private the time to raise the minimum wage. It In discussions with Joint Committee sector employees and generating 60 to is time to give America’s hard-work- on Taxation I have asked them what 80 percent of net new jobs annually. ing, low-wage workers a raise. would be the impact of eliminating the This bill will increase the Federal Targeted tax and regulatory relief is 5-year average compensation limita- minimum wage by $2.10 an hour to $7.25 vital to helping these businesses con- tion so that the aggregate amounts de- tinue to create new jobs, stay competi- an hour. This increase will be done in ferred under a nonqualified deferred tive, and keep our economy growing. three phases over a 26 month period. compensation plan would be limited to I applaud the Senate leadership for $1 million annually. The minimum wage has proven to be bringing forth the minimum wage bill an important tool in fighting poverty to help our Nation’s workers. I am hon- JCT informs me that this would re- in our country and I believe that this ored to support the Fair Minimum duce the current $806 million score by modest increase will help to improve Wage Act of 2007. less than $100 million—so it would only the situation of low-wage workers and Mr. GRASSLEY. Madam President, I be a small shave off the score. This their families. wish to speak briefly on a revenue pro- suggests to me, that the vast majority The Fair Minimum Wage Act also vision contained in the minimum wage of individuals—90 percent—who would contains several key tax credits. These bill. Senator BAUCUS and I worked be affected by this reform are among tax credits will encourage small busi- closely on the tax bill, both on the pro- the wealthiest—i.e., those individuals nesses to continue to explore new in- visions providing relief to small busi- receiving more than $1 million annu- vestments and make improvements to nesses affected by the minimum wage ally in nonqualified deferrals. I hope their business property. This bill will but also the offsets that made sure the this information will help inform mem- extend the tax credit provided to em- package was in balance. bers as we discuss this matter in the ployers who hire workers who have ex- One of the offsets, that dealing with near future. perienced barriers to entering the limiting the amounts of annual defer- workforce, such as low-income workers Finally, I think it is important for rals under nonqualified deferred com- members to bear in mind that ERISA welfare and food stamp recipients, and pensation plans, has attracted some high-risk youth. The work opportunity does not apply to so-called ‘‘top hat’’ concern and raised some questions. plans, these top hat plans being those tax credit will also apply to the hiring I thought it would be useful to my for top management. There is a con- of veterans disabled after the Sep- colleagues for me to provide a brief cern that if a nonqualified plan is wide- tember 11, 2001, attacks. I believe that sketch of where we have been on this ly applicable, as widely applicable as these tax credits will be of benefit to issue. The issue of nonqualified de- some of the opponents of this provision our small businesses owners and I hope ferred compensation came to the atten- contend, it raises other red flags. that my colleagues will support this tion of the Finance Committee in re- package. sponse to the Joint Committee on Tax- The issue raised is the fact that a Mr. SMITH. Madam President, I rise ation’s investigation into Enron—done widely applicable plan should be treat- today to support the Fair Minimum at the request of the Finance Com- ed as an ERISA plan. If these widely Wage Act of 2007 to increase the Fed- mittee. The Enron report highlighted a applicable nonqualified deferred com- eral minimum wage. number of abuses by top executives in- pensation plans are actually ERISA The Fair Minimum Wage Act of 2007 volving nonqualified deferred com- plans, they then should come under the will increase the Federal minimum pensation. protections that Congress has put in wage by $2.10 to $7.25. Oregon’s min- In the American Jobs Creation Act place under ERISA to provide workers imum wage, which is $7.80 and adjusted that Congress passed in 2004, there were retirement security.

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1493 I will continue to look at this provi- lican position to them. It took a clo- Ronald Yates, Jr. of Eide Bailly in Bil- sion and bear in mind the issues raised ture vote to prove Chairman BAUCUS lings; David Johnson of Anderson by my colleagues. right. Zurmuehlen & Co. in Helena; and Madam President, we are finishing up So, if we go to conference, the Senate Leslee Tschida of M.A.R.S. Stout in debate on the Senate minimum wage/ Democratic leadership and House Missoula. small business tax relief bill. Democratic leadership might be per- I thank the men and women of Mon- The Senate invoked cloture on the fectly willing to scrap the Senate’s po- tana for their hard work, for their Baucus substitute amendment. It con- sition. input into the formulation of this leg- tained two basic components. The first Apparently, at a pen and pad session islation, for their dedication to grow one is the proposed increase in the Fed- with reporters today, the majority their companies, and for their con- eral minimum wage. The second com- leader indicated as much. He told re- fidence in me to deliver for Montana. ponent is tax incentives to assist work- porters he wanted a ‘‘clean’’ minimum Madam President, today the Senate ers and businesses burdened by the in- wage bill to come out of conference. will increase the minimum wage and creased Federal minimum wage. That Now, I am told the majority leader’s provide tax relief to the Nation’s small part of the package was approved, on a press operation has attempted to businesses. This important legislation bipartisan basis, by the Finance Com- change the impression those remarks will help millions of working Ameri- mittee late last month. left. cans and those who employ them. It Now, by approving the Baucus sub- Let’s just say I am reasonably sus- has been a decade since the last min- stitute on an overwhelmingly bipar- picious of those kinds of ‘‘clarifica- imum wage increase. It is long overdue. tisan vote, the Senate has made its will tions.’’ Apparently, the majority leader I am very pleased we added a package clear: a minimum wage increase must also said he would be prepared to dare of tax incentives for small businesses be linked to small business tax relief Republicans to filibuster a clean min- because many worry that a minimum package. imum wage conference report. By wage increase will place a burden on In the normal course of events, after ‘‘clean,’’ he appears to be referring to small businesses. I want to take a mo- Senate passage, the amended House bill the term used by House and Senate ment to thank the individuals who would either go into conference or go Democratic leadership to mean no worked so hard on the tax package. back to the House as amended. We call linked small business tax relief. First, I want to thank my good friend the latter procedure ‘‘pingpong.’’ Make no mistake—the easiest and Senator GRASSLEY, the chairman of the Since tax matters were linked and quickest way to send a minimum wage Finance Committee, for his leadership the House bill doesn’t have tax provi- bill to the President would be for the on this bill. I also appreciate the hard sions, the House Democratic leadership House to send the Senate a bill iden- work and cooperation of his staff, espe- and tax writers have threatened to tical to the Senate-passed bill. cially Kolan Davis, Mark Prater, Dean send the Senate bill back to the Sen- An alternative quick option would be Zerbe, Elizabeth Paris, Chris Javens, ate. They will claim that they are pro- for the House to send us a revenue bill Cathy Barre, Anne Freeman, Grant tecting prerogatives of the House. and the Senate would amend the bill Menke, Stanford Swinton and Nick We find ourselves stuck on minimum and send it to the House. The House Wyatt. wage because the House Democrats could then send the bill to the Presi- Second, I thank the staff of the Joint have threatened to use the ‘‘blue slip’’ dent’s desk. Committee on Taxation and Senate procedure. The conference option could be trou- Legislative Counsel for their service. I So, no one should be mistaken. It is blesome. It could be drawn out. Or, it also want to recognize two staff mem- House Democrats, not Senate Repub- could be a way for the House and Sen- bers of the Joint Committee on Tax- licans, who are delaying passage of the ate Democratic leadership to subvert ation who are leaving Congress, Patri- minimum wage. the Senate position. That would not be cia McDermott and Gray Fontenot. If House Democrats send us a suit- a good way to start out the new ses- Patricia McDermott will be retiring able revenue bill, Senate Republicans sion. In a conference setting, it would from her position as legislation counsel will be ready to move expeditiously to mean the Senate Democratic leader- with the Joint Committee of Taxation the next step. Right now, we can not ship acting in a manner that is at odds and moving to the private sector. move. with how it said it was going to con- Tricia was qualified plans branch chief Now, if the House Democrats send us duct business. in the Office of Associate Chief Counsel a minimum wage-related revenue bill, I counsel my leadership and the at IRS before she came to Joint Tax as what happens next? Democratic leadership to consider my a detailee in July of 2000. She joined That is up to our Democratic and Re- concerns about the next step. the JCT staff when the detail ended in publican leaders. Mr. BAUCUS. Madam President, I am 2001. Tricia has advised us on many There are two basic avenues to take. grateful to the people of Montana for projects, but I especially want to thank One is a conference. The other is to sending me to Washington as their her for the expertise and tireless effort amend the House revenue bill back Senator. I never forget whom I am here she brought to our work on the Pension with the Senate-passed bill and send it to represent. Protection Act of 2006. Tricia’s knowl- to the House. That is why my staff and I contin- edge—and her patience—were invalu- On tax bills, we have used both ap- ually meet and talk with small busi- able and will not be easily replaced. proaches over the last few years. For ness owners and CPAs from across the And we bid farewell to Gray instance, the Hurricane Katrina tax re- State. In anticipation of legislation to Fontenot, an accountant with the lief measures never went to conference. increase the minimum wage, I wanted Joint Tax Committee, who will be leav- On the other hand, we had conferences to know how Montana’s small busi- ing this week to head to the private on the tax relief reconciliation bill and nesses would be affected, I wanted to sector. Gray has been an essential ad- the pension bill. know what tax benefits would help viser, particularly on the Katrina tax Still another approach would be for small businesses, and I wanted to make relief bills. As a native of New Orleans, the House to combine its minimum sure that the Senate substitute to H.R. whose extended family was personally wage bill with the Senate tax relief 2 would benefit Montanans. affected by the hurricane, he truly un- package and send it over here. That In particular, I thank James McHugh derstood the needs of the Gulf Zone, route, though unusual, has also of Hammer Jack’s in Missoula; Robert and his expertise was greatly appre- worked. Walter of Walter’s IGA and ACE in ciated by the members and staff of the In this case, I have indicated to my Sheridan; James Whaley of Whaley & Finance Committee. Republican leadership that I am wary Associates in Missoula; Ken Walsh of Finally, I thank my staff for their about the conference option. Ruby Valley National Bank in Twin tireless effort and dedication, including The Senate Democratic leadership Bridges; Micki Frederikson of Bing- Russ Sullivan, Bill Dauster, Pat Heck, only came to linking minimum wage ham, Campbell, Amrine, and Nolan in Rebecca Baxter, Melissa Mueller, Judy with small business tax relief after Missoula; Dan Vuckovich of Hamilton Miller, Pat Bousliman, Ryan Abraham, Chairman BAUCUS relayed the Repub- Misfeldt & Company in Great Falls; Carol Guthrie, and Erin Shields.

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1494 CONGRESSIONAL RECORD — SENATE February 1, 2007 I also thank our dedicated fellows, Passing this wage hike represents a small And the list goes on. Virtually all of Mary Baker, Thomas Louthan, and but necessary step to help lift America’s the churches of faith have all recog- Sara Shepherd, and our talented in- working poor out of the ditches of poverty nized the importance of this issue, and and onto the road toward economic pros- terns, David Ashner, Larry Boyd, perity and will narrow the financial gap be- interestingly, they have all pointed out Sarah Butler, Gretchen Hector, Molly tween Americans of color and whites. what this letter says from Catholic Keenan, and Ryan Majerus. That is the National Urban League Charities; that over the past several The PRESIDING OFFICER. The Sen- president, President Morial. years their agencies have been coping ator from Massachusetts. Here we have an extraordinary group with steady increases of 20 percent Mr. KENNEDY. Madam President, as of business owners and executives for a each year in requests for emergency as- I have said during the course of the higher minimum wage. They are some sistance because low-income workers last 9 days, on this side of the aisle we of the large companies in the country simply cannot afford the necessities. are prepared to go ahead and vote. We and some of the small companies. It is That is true about my food bank in have been prepared to vote since the six pages long in terms of the compa- Boston. I was there just a few weeks first day we were on this legislation. It nies themselves, ranging from Mr. Alex ago talking to those who run it. It is an only took 4 hours for the House of Rep- Von Bidder, president of the Four Sea- extraordinary institution. They have resentatives to debate this issue and sons Restaurant in New York, a very the same kinds of demands. We hear it then to proceed to a vote. We have been high-cost restaurant, to some of the all over the country. Yet we have the on this for 9 days. We have debated an small mom-and-pop stores, but all of President talking on Wall Street about increase to the minimum wage 16 other them expressing the view that: everything is fine. days since the last increase. Twenty- We expect an increased minimum wage to So what are some of the facts? We five days of debate about the increase provide a boost to local economies. Busi- are finding out what is happening. in the minimum wage. Imagine that, 25 nesses and communities will benefit as low- First of all, the Bush economy fails days taking up the time of the United wage workers spend their much-needed pay American families’ wallets. This is the States Senate. raises at businesses in the neighborhoods median household income: $47,599 in With all the challenges we face in where they live and work. Higher wages ben- 2000 and $46,326 in 2005. These numbers education, in energy, in health, and efit business by increasing consumer pur- are from the Bureau of the Census. chasing power, reducing costly employee jobs, all the challenges we are facing in turnover, raising productivity, improving Imagine people opening up their news- terms of environmental issues and for- product quality, customer satisfaction, and papers and seeing the pictures of the eign policy issues, we have spent 25 company reputation. President being cheered on Wall Street days on whether we are going to in- In a recent National Consumers’ talking about how well the economy is crease the minimum wage. Twenty-five League survey, 76 percent of American going. days during this period of time. On this consumers said how well a company No one is doubting that the economy side, we are prepared to move ahead. treats and pays its employees influ- is working well for Wall Street. We are We are prepared to move ahead. ences what they buy. not talking about that. If you are ask- The President of the United States I also have a letter from the presi- ing the Census Bureau, not a speech made this talk yesterday on Wall dent of Catholic Charities, Father writer but the Census Bureau, these are Street, and it was well received and Larry Snyder, and included in his let- their figures, and this is what has been cheered on Wall Street, as he talked ter are these words: happening to the median household in- about how well the economy has been Over the last several years, our agencies come. It has declined $1,273. That is proceeding. Well, I took a few moments have been coping with steady increases of 20 from the Bureau of the Census. That is earlier in the day to talk about the in- percent each year in requests for emergency what has happened to the median crease in the number of families who assistance because low-wage workers simply household income across this country. are living in poverty. We have close to cannot earn enough to cover rent, child care, We have those members of our var- 2 million more children living in pov- food, utilities, and clothing for their fami- ious faiths talking about the increase erty today than we had 5 years ago. lies. Many people served by Catholic Char- in demand, the 20-percent increase in ities agencies are poor despite full-time em- demand. Yet we are seeing these kinds Two million more families living in ployment at the bottom of the labor market: poverty than we had 5 years ago. That cleaning houses and office buildings, har- of figures. We see this kind of drop in is according to the census. That is not vesting and preparing food, watching over real income. Yet let’s look at the cost some speech writer’s concept, those are children of working parents. They contribute of the things these individuals have to hard facts. to our Nation’s economic prosperity. Yet the buy. We have the decline in the family President John Adams, one of our current minimum wage leaves them nearly income, but look at what has hap- great Founders, said facts are stubborn $6,000 below the poverty line. People who pened. Gas has gone up 36 percent; things. Those numbers are stubborn work full time should not live in poverty. health insurance, 33 percent, which is a things. Facts speak. Increased numbers Then he continues: very modest estimate; nationwide col- of Americans have gone into poverty Our Catholic tradition teaches that soci- lege tuition, 35 percent; housing, 38 over the last 5 years, with an increase ety, acting through government, has a spe- percent. And I would say, for the most in the number of children who have cial obligation to consider first the needs of part, these are rather modest. They the poor. Catholic social teaching tells us gone into poverty. that a just wage is not just an economic come from the Kaiser Family Founda- Other countries have addressed the issue—it is a moral issue. The United States tion and the College Board’s Annual problems of poverty and have lifted Conference of Catholic Bishops stated in its Survey of Colleges. children out of poverty, lifted families pastoral letter, Economic Justice for All, In my district, certainly in New Eng- out of poverty, and most of them have ‘‘all economic institutions must support the land, those numbers are a great deal used an increase in the minimum wage bonds of community and solidarity that are higher. But, nonetheless, it makes the to do it. You have to understand the essential to the dignity of persons.’’ point that real income has gone down problem in order to address it, and this The dignity of persons, that is what and the cost of everything that a fam- President, evidently, doesn’t under- the increase in the minimum wage is ily has to buy, in terms of gasoline, stand the kinds of pressures that are on about. It will help those 6 million chil- health insurance for their family, col- working families and middle-income dren get a chance to maybe buy a book lege tuition, and housing has gone up. families. and read a little more, maybe even par- Look at the end of this chart. Wages Members of some of our great ticipate in a birthday party, maybe stagnant across the way; up 1 percent. churches in this country have strongly have a chance to spend a little more These are the figures. We haven’t put supported the increase in the minimum time with their parent because their the food in there, but these are strong wage. We have over 1,000 different orga- parent will not have to have two or indicators, and certainly food has gone nizations that have supported the in- three jobs. Here they are talking about up, although perhaps not as high as crease in the minimum wage. I have in- the importance of dignity, ‘‘essential these indicators. cluded most of their letters of support to the dignity of persons.’’ That is Let’s look at the other side and see in the RECORD. what this debate is about, the dignity what has been happening down there Here is one from the Urban League: of persons. on Wall Street. My goodness, look at

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1495 this chart. Look what has happened to clothes they need to go to school. will be judicious and perhaps even corporate profits during this same Tonya says a higher minimum wage forgo some of their jurisdictional con- time. While real family income has would help her provide her kids with cerns in order to see that this is done been going down, these corporate prof- these basic necessities, and it might for the people of America. its have grown by 80 percent, 80 percent help her get a few steps ahead to buy a The Senate’s reasonable approach they have gone up. Eighty percent. used car or pay for car insurance so recognizes that small businesses have Real income for the family has gone that she could go to the grocery store been the steady engine of our growing down over the last 5 years, but cor- on her own. economy and that they have been a porate profits have gone up 80 percent. A raise in the minimum wage would source of new job creation, and a No wonder the President was cheered help Gina Walter from Ohio. Gina, a 44- source of job training. People with no on Wall Street. No wonder. And look year-old single mother, works in a re- skills often go to work at minimum on the bottom line. That is the min- tail job at a thrift store. Gina earns wage and get the training they need to imum wage. It slows, the extraordinary $6.25 an hour, just over $12,000 per year. advance to higher levels of pay and to explosion in corporate profits. Yet the She has no car or health insurance and other more skilled jobs. That is all minimum wage has not gone up be- hasn’t taken a vacation in 6 years. It training which is done for free by small cause our Republican friends refuse to takes Gina 2 full days of work just to business. let it go up. This is not any mystery. pay her gas bill every month. She cuts The Senate’s approach also recog- The Democrats are ready to vote. We her own hair because she can’t afford nizes that small businesses are middle- are ready to vote this afternoon. We to get a haircut. But Gina goes to work class families, too. I am proud that this were ready to vote when it first came every day. She works hard and tries to body has chosen a path which attempts up, or at any time, but we can’t get an build a better life for her family. to preserve this segment of the econ- agreement to vote. We are going to That is the typical statement: work- omy, which employs so many working have to get it because the time is going ing hard, trying to provide for their men and women. The Senate has ac- to run out sometime tonight. family. knowledged the simple fact that a raise So these are the corporate profits This bill will help Gina provide bet- in the minimum wage is of no benefit that have gone up. Here is the min- ter opportunities for her 18-year-old to a worker who doesn’t have a job or imum wage worker that has to work daughter. It will help pay her gas bill a job seeker who doesn’t have a pros- more than a day just to fill up his tank and be able to go get a haircut. It pect. with gasoline. These are the kinds of might even help her finally take that As this Congress moves forward, we things that they are faced with. And as vacation she so richly deserves. will need to confront a range of issues we have pointed out earlier, more than Madam President, this is what we are facing working families: the rising cost a thousand Christian, Jewish, and Mus- talking about on the floor of the Sen- of health insurance and the avail- lim faith leaders say that minimum ate. I will speak later about what I ability of such insurance, the necessity wage workers deserve a prompt, clean, really think about this increase in the and costs of education and job training, minimum wage increase, with no minimum wage in terms of it being the and the desire to achieve an appro- strings attached. This is Let Justice defining aspect of our country’s hu- priate balance between work and fam- Roll, January of this year. manity and a reflection of our sense of ily life. The lessons we have learned in I have given the statistics, the flow decency and our sense of fairness. But this debate should not be forgotten as lines, the charts, and so, Madam Presi- it is a scandal that we have not in- we approach new and equally complex dent, let me wind up this part of my creased our minimum wage over a 10- issues. presentation by mentioning what it year period. Hopefully we will have an In addressing minimum wage, we means in real people’s terms. opportunity to do it before the day is have rejected the notion that it will be An increase in the minimum wage out. a clean bill. Ultimately, we did so be- helps Constance Martin of Pittsburgh, I suggest the absence of a quorum. cause it is not a clean issue, it is a very PA. Constance used to have a good job The PRESIDING OFFICER. The complicated issue, and around here, that paid a decent wage. Then her son clerk will call the roll. clean more often than not means ‘‘do it got cancer. She was forced to choose The legislative clerk proceeded to my way’’ and doesn’t respect the demo- between that job and taking care of her call the roll. cratic process of the Senate and allow child. So now she works for $5.50 an The PRESIDING OFFICER. The the Senate to work its will. hour at Kentucky Fried Chicken. Her Chair recognizes the Senator from Wy- There were claims that no Democrats job has no health care or other health oming. offered amendments to the bill. That is benefits. She can barely afford to pay Mr. ENZI. Madam President, I ask false. The chairman of the Committee the rent and utilities, much less to give unanimous consent that the order for on Small Business, Senator John her son the care he needs. When Penn- the quorum call be rescinded. Kerry, offered two amendments, and sylvania raised its minimum wage at The PRESIDING OFFICER. Without the Senator from Wisconsin, Mr. FEIN- the State level last year, it was a help objection, it is so ordered. GOLD, offered an amendment on ‘‘Buy but still not enough to keep pace with Mr. ENZI. Madam President, I rise American’’ standards. In fact, it is my the cost of living. A Federal raise today to speak in support of final pas- understanding that part of the delay would allow her to pay off her bills and sage of H.R. 2, as amended. I think it is we are experiencing on final passage is provide for her son’s future instead of a very exciting time. I appreciate the that a Democrat was trying to figure living day to day and hand to mouth wise direction this body has decided out a way to get a vote for a third clo- just to get by. upon with regard to the minimum ture and a Republican is also trying to A raise in the minimum wage would wage. Yesterday, 88 Members of the do something very similar. While I be- help Tonya Schmidt. Tonya is a single Senate correctly concluded that rais- lieve these have now been resolved, mother with two children, ages 8 and ing the minimum wage, without pro- that is kind of what has been holding 11. She works at Little Caesar’s pizza. viding relief for small business that us up here in waiting for a final vote. It is hard work, but she likes her job must pay for that increase, is simply Throughout this debate, Members on and is good at it. Tonya talked about not an option. Rather the option we did both sides of the aisle were not aiming how hard it is for her to get by each strongly decide on included tax bene- to delay passage but were offering month. Her family lives in a converted fits to help offset the impact on small amendments to improve the bill. motel room, but she has trouble mak- business. I remember when I first went into ing rent. She doesn’t have a car but re- I wish to reiterate my hope that our the Wyoming Legislature and pre- lies on friends and family to take her colleagues in the House will not derail sented my first bill, I thought it was a to the grocery store to buy food for her this bipartisan approach to offering pretty simple bill. It only had three children. real support and relief to the middle sentences in it. It dealt with unemploy- Tonya can’t afford the basic neces- class and to the minimum wage earner. ment insurance for business owners. sities for her children. She often can- The minimum wage increase will Well, this little, simple, three-sentence not afford to buy her children the shortly be in their hands. I hope they bill, when it went to committee, got

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1496 CONGRESSIONAL RECORD — SENATE February 1, 2007 two amendments, and when it went to Senator KENNEDY received a lot of the tempt to leave anybody out. The mid- the floor, it got three more amend- compliments for that, as he will this dle class is actually made up of those ments. When it went to the Senate, it time. Senator BAUCUS and Senator small businessmen who we are trying made it out of committee without any GRASSLEY will be complimented as to help, and in some cases the employ- additional amendments but had two well. ees who are working for them. more added on the floor. However, I can’t emphasize enough how pleased We didn’t try to start a war over sta- what I realized through the process was I am that the two of them worked to- tistics, although we were tempted. I do we had all of these different people gether to put this tax package to- have to mention there were some from different backgrounds looking at gether. It is not an easy job. In fact, I charts out here to show that wages the same problem from different per- think tax provisions are some of the used to be pretty close together, and spectives, and every one of those most difficult and complex matters the chart had five quintiles. I am more amendments improved the bill. They there are to work on. The Senator from used to quartiles than quintiles, but looked at the bill and saw things that Montana, Mr. BAUCUS, and the Senator this had five quintiles. So each 20 per- I hadn’t seen. from Iowa, Mr. GRASSLEY, have worked cent of the wage capability of the popu- Afterwards I hoped that in the fu- together on most of the Finance Com- lation was shown on the chart, and it ture, as I went through the process of mittee issues. I have noticed through showed that from 1943 until 1980, the legislating, I would see those things the years that they are most successful numbers were pretty close together. and see bills from other people’s per- when they work together. Then we saw another chart, and it had spective. But that is the beauty of the I tried to build on that knowledge this bar on the end which extended far system we have here—100 Senators when I became the chairman of the beyond any of the quintiles. I paid a take a look at a bill and 435 people in Health, Education, Labor, and Pen- little bit of attention to that chart. It the House take a look at a bill and that sions Committee. It worked well for us didn’t just have quintiles on it; it had should result in some changes. No bill for the last 2 years, to work in a very quintiles, plus one. If you look at the I have ever seen winds up the same as bipartisan way. Almost every issue the quintiles, they were almost the same it started. Committee had came through this body today as they were at the time of the Of course, sometimes the biggest ani- unanimously. Oh, we had the pension 1943 chart. However this big bar graph mosity around here is between the bill, which was a 980-page bill and very at the end—made it look so skewed House and the Senate, and that is true complicated and very difficult. And that it made people look really rich in State legislatures, too. I finally fig- that one wasn’t unanimous; it was only and I guess by association holding the ured out the reason for that is we here 98 to 2. I think my colleagues can see rest of the people down. in the Senate work on a bill, we make my point on this—that when we work Well, instead of just having quintiles it perfect, we send it over there, and together, we have amazing things hap- on there, the chart had quintiles plus they decide something else has to be pen in fairly short order. That bill took the top 1 percent earners in the United done to it. That creates animosity. And an hour of debate with two amend- States. I am pretty sure that if you go they do bills and send them here, and ments and a final vote, and that was back to 1943 through whatever date you we decide there ought to be changes to all agreed to before it was even brought want and you take the top 1 percent them, and that creates animosity here. to the floor. So when we work to- earners in the United States, you will Fortunately, we have a conference gether, there can be good things, such find that they earn drastically more committee process that is supposed to as the bill we have right now. than even the highest quintile. So the get the two sides together to work out The Senate has chosen the right chart doesn’t treat the wage data the differences. That also works, al- course of coupling an increased wage equally. I suspect that Bill Gates him- though it takes more time. So we are with provisions that will assist those self skewed that chart pretty badly. not the fastest in governing, but I small business employers who will face The top 1 percent always makes a lot think we are the most inclusive in gov- the greatest difficulty in paying those more money than everybody else and I erning. I think this bill has gone increased costs. I hope we don’t forget think that is pretty much the case through a very similar process. the wisdom of that approach, as I men- through the history of the United I am pleased we have proven to the tioned before. I am also heartened that States. So if we are going to talk about American people that we can indeed in the course of this debate, we have quintiles, we need to talk about the work together and provide solutions to begun to recognize what I know from quintiles equally. complex and difficult problems. The my own life to be true; that is, that That is just one example of how we Senate chose the right course of cou- working families are not only those could have spent more time concen- pling an increased minimum wage with who are employed by businesses, they trating on the charts and arguing back provisions that will assist small busi- are also those who own the businesses. and forth. But our point wasn’t wheth- ness employers who will face the great- I know from personal experience that er to increase the minimum wage; our est difficulties in paying such in- all small businesses have two fami- point was whether we could do it and creased costs. I hope we do not forget lies—their own and the people who keep the economy moving by elimi- the wisdom of this approach as we ad- work for them. I also know that small nating some of the impact of the in- dress other workplace, economic, and business owners feel the pressure of ris- crease on the small businesses that em- social issues. ing costs, the dilemma of difficult op- ploy those minimum wage workers. It has been mentioned that 10 years tions, and the uncomfortable squeeze of We are ending the consideration of ago when the last minimum wage raise modern life in both of their families, as this issue basically where it began and was done, that was the first time there many workers do on their own. And I for many of us where we have been for were things put on the bill to offset the know that the smaller the business, the last few years—with the majority impact on small businesses. I was run- the more likely it is that the employ- of the Senate supporting a minimum ning for office and in Washington at ees and the employers recognize each wage increase as long as there are pro- the time that bill was being other’s difficulties and how inter- visions to soften the impact of that in- conferenced and finally debated, and I dependent and sometimes fragile their crease on the small businesses which was pleased to see the former Senator businesses and their jobs actually are. create minimum wage jobs. Every time from Wyoming, Mr. Simpson, was the I think there is a greater tendency for I have had to debate this, I have had a chair on the conference committee, them to work together under those cir- bill that had an increase in the min- along with Senator KENNEDY. The two cumstances. imum wage and it also had some of them worked out a package that had America has heard a lot of partisan amendments that offset the impact. a raise in the minimum wage and some rhetoric during the course of this de- Now, I didn’t take the Finance Com- offsetting things for small business. bate, such as the talk of the so-called mittee offsets; I took some other off- When the bill was signed in the Rose war on the middle class and the claim sets to do it. Garden, then-President Clinton com- of leaving people out. I would like to One of the things I have noticed mented on what a great compromise it note for the record that such rhetoric around here is that if you ever do an was that it would drive our economy. got us nowhere. There wasn’t an at- amendment on a bill like this, it will

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1497 be considered a poison pill, and the sec- table; that there then be 4 minutes of The PRESIDING OFFICER. The ma- ond time you try to do that bill, even debate, equally divided and controlled jority leader is recognized. if you have changed the wording, the between the two leaders or their des- Mr. REID. Madam President, Senator arguments will be exactly the same as ignees, prior to a vote on the motion to MCCONNELL certainly jogs my memory before you changed the wording. So we invoke cloture on the motion to pro- that I should have mentioned my sometimes get locked into the concept ceed to S. Con. Res. 2. friend Senator BAUCUS. He and Senator and the history of what has gone on I would say to all Senators, prior to GRASSLEY also have an exemplary rela- around here. the Chair considering the unanimous- tionship. This bill is half from the We could have had this increase done consent request, that we may not have HELP Committee and half from the Fi- earlier had there been some willingness the second vote. Unless there is unani- nance Committee, and Senator BAUCUS to offset it with a package, as was done mous consent that we not have it, we certainly has lifted a big load for us the last time the minimum wage was will have it. We will make that deci- over here. increased and as I suspect will happen sion during the vote that takes place The PRESIDING OFFICER. The Sen- every time in the future that the min- beginning at 5 o’clock. ator from Wyoming is recognized. imum wage is increased because a The PRESIDING OFFICER. Is there Mr. ENZI. Madam President, I would higher wage is of no use when the job objection? like to thank both the leaders for their itself is gone. Without objection, it is so ordered. kind words. I thank them on behalf of The Senate chose to look at the The Chair recognizes the Republican both Senator KENNEDY and myself. We whole picture this time around. The leader. do have a philosophy of working to- minimum wage could have been raised Mr. MCCONNELL. Madam President, gether, and it does work. I am pleased years ago had some on the other side let me just echo the remarks of the we are at this point today. The bill the been willing to accept the important majority leader. We are continuing to Senate has crafted is the right ap- role that working families and small discuss the consent request under proach to take on this issue. The ap- businesses—those are a lot of the same which we would consider various op- proach is combining an increase in the people—play in providing employment tions for our Iraq debate beginning minimum wage with provisions that in this country. Some people like to next week. We are making substantial will assist those small business em- talk about two Americas. What the progress and, hopefully, we will have ployers who face the greatest difficul- Senate is preparing to do today recog- something soon to announce on that ties in paying such increased costs. The nizes that there is one America. We are issue. Senate has not forgotten that while we all in this together, and we don’t need The PRESIDING OFFICER. The ma- may be able to mandate a wage, we to do great injury to one group of jority leader is recognized. cannot mandate the existence of a job. Americans just to aid another. That Mr. REID. Madam President, I want I hope our colleagues in the House will kind of partisan rhetoric isn’t accu- to say, Senator KENNEDY is not here, not forget that either. rate, and it is aimed at spreading a and I am sorry that is the case. But he In legislating, it is often important very skewed view of America. It is spent the last week or two on the Sen- to find a third way. The third way is aimed to divide rather than unite ate floor. I want to express how much represented by the substitute amend- Americans around the simple solution. I appreciate the attitude and dem- ment that was the product of extensive Mandating the wage increase without onstration of bipartisanship shown by bipartisan cooperation. Democrats and proper relief to the working families Senator KENNEDY and Senator ENZI. I Republicans working together ac- who employee many of America’s low- have said before they are an example of knowledged the fact that mandated skilled workers is an assault on the how people with different political phi- cost increases can have negative eco- middle class. Let’s get our facts losophies can do things constructive in nomic effects, and together we devel- straight. Passing the Senate’s bipar- nature to get us to a point where we oped a means of addressing those con- tisan minimum wage and small busi- are today. They are both outstanding cerns in the form of the bipartisan sub- ness relief package is good for low- legislators, and they are very fine indi- stitute amendment. It will affect mil- skilled workers and it is good for the viduals, as indicated by their ability to lions of Americans. I am glad we are at middle class working families of Amer- get along on the most contentious this point. ica. issues. I would like to thank all of the staffs It is time we did this. I hope we will A person does not have to be dis- who have been involved in this issue, have the vote soon. I look forward to agreeable to disagree. And these two doing research and getting information the speeches we can do afterwards, gentlemen certainly epitomize, in my that will help us to be as sure as we can thanking all of the people that have estimation, how we should all work to- be that we have made the right deci- made this possible. I am very confident gether in spite of our political dif- sions on the best information possible. that is exactly what is going to hap- ferences, to work toward a common From my staff, that includes my pen. good to do things that are good for the staff director, Katherine McGuire, and I yield the floor and suggest the ab- American people. Brian Hayes, Kyle Hicks, Ilyse sence of a quorum. So, Senator ENZI, who is here, thank Schuman, Amy Shank, Shana The PRESIDING OFFICER. The you very much. Christrup, Andrew Patzman, Randi clerk will call the roll. Senator KENNEDY, who is not here, I Reid, Tara Ord, Greg Dean, Craig The assistant legislative clerk pro- appreciate very much his work. Orfield, and Michael Mahaffey. That is ceeded to call the roll. The PRESIDING OFFICER. The Re- a lot of people, but it takes a lot of Mr. REID. Madam President, I ask publican leader is recognized. people to do something like the tax unanimous consent that the order for Mr. MCCONNELL. Madam President, package and the bill we have before us, the quorum call be rescinded. I, too, commend the distinguished Sen- plus all of the other things that were The PRESIDING OFFICER. Without ator from Wyoming for an outstanding considered during the process. objection, it is so ordered. job in helping to craft this bill and rep- From the Republican leader’s office, Mr. REID. Madam President, I ask resenting our side very skillfully in I thank Mike Solon, Malloy McDaniel, unanimous consent that the time until putting together this package. and Rohit Kumar. I also thank Ed Egee 5 p.m. today be equally divided and I also want to extend my thanks on with Senator ISAKSON. From the Fi- controlled between Senators KENNEDY behalf of all of our colleagues to Sen- nance committee, I thank Russ Sul- and ENZI or their designees; that at 5 ator GRASSLEY, the ranking member of livan and Mark Prater; and from the p.m., all time postcloture be considered the Finance Committee, for his impor- Republican whip’s office, Manny yielded back; and without further in- tant contribution to this bill that we Rossman and John O’Neill. tervening action or debate, the Senate think made it significantly better than But I would be very remiss if I did proceed to vote on passage of H.R. 2, it might otherwise have been. not thank those in Senator KENNEDY’s the minimum wage bill, as amended; So I commend them both for their office and his staff: Michael Myers, that upon passage of the bill, the mo- outstanding work. Holly Fechner, Portia Wu, Missy Rohr- tion to reconsider be laid upon the I yield the floor. bach, and Lauren McGarity. They have

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All Americans combined earn $5.4 goes on late into the nights, well be- Additionally, we want to send a very trillion a year. A minimum wage in- yond the time Senators are around important message to all of those chil- crease to $7.25 would be less than one- here—of course, I do not want to give dren. This is really just the beginning. fifth of 1 percent of this national pay- you the impression that Senators are We have a change in direction in this roll—far too trivial to cause inflation necessarily going home. Sometimes country, as we have seen in the House or other economic harm. they are working late as well, just in a of Representatives and here in the Sen- The simple fact is that employers can different building. We get to spend our ate. And we want to give assurances to afford to increase wages in the current days here and our nights in our office those families that hopefully are going economy. Workers are producing more, building. But without the help of all of to get some boost in the minimum but earning less. Productivity has in- those people, this bill would not be at wage that we are going to work on the creased by 31 percent since 1997, yet the point it is now. We really appre- education for those children. We are minimum-wage workers have not re- ciate their work. going to work to make sure they are ceived a raise. This increase ensures I yield the floor and suggest the ab- going to get the kind of help and as- that minimum-wage workers, not just sence of a quorum, with the time sistance so that education is going to employers, benefit from the fruits of equally divided. be available to them. We are going to their labor. The PRESIDING OFFICER. Is there work to make sure we get a reauthor- Now Senator ALEXANDER also sug- objection? ization of the SCHIP program, an ex- gests that we shouldn’t interfere with the market forces that set wages for Without objection, it is so ordered. pansion of the Medicaid Programs, be- low-wage workers. But we need to in- The clerk will call the roll. cause we want to make sure they are tervene when there’s a market failure The assistant legislative clerk pro- going to be healthy, they are going to that needs correcting, and that’s clear- ceeded to call the roll. have the opportunities for education. ly the case with our stagnant min- Mr. KENNEDY. Madam President, I We are going to make sure as well, to imum wage. Low-skilled workers, un- ask unanimous consent that the order the extent we can, they are going to be like high-skilled workers, do not gen- for the quorum call be rescinded. able to live in safe and secure neigh- erally have the bargaining power to de- The PRESIDING OFFICER. Without borhoods. mand wage increases. Even if they objection, it is so ordered. We have a responsibility in this coun- work harder, all their extra efforts are Mr. KENNEDY. Madam President, in try of ours to make sure—particularly going into profits. Corporate profits just a few moments the Senate will for children in this Nation, but for have grown by 80 percent since Bush vote on the issue of increasing the min- workers in this country—that their took office, while wages are stagnant. imum wage. We have been debating work is going to be recognized, re- We need to act to make sure minimum this issue for some time. At the final spected, and they are going to be treat- moments here, I, first of all, thank my wage workers don’t get left behind. ed justly and fairly. That is what the My colleague also expresses concern friend and colleague from Wyoming, minimum wage is all about. It is a about the effect of a minimum wage on Senator ENZI, for his willingness to moral issue, as the members of the small business. He claims that the ma- work together. We do not always agree, church have all told us about. And we, jority of minimum wage workers are but we agree more often than one hopefully, will get a resounding vote of employed by small businesses, and that might expect, and we have gotten good support for a long-awaited increase in small businesses will suffer if the min- things done in our committee. the minimum wage. imum wage is raised. I always enjoy working with him. We Mr. KENNEDY. Madam President, we But the small business community have had some differences on this have now spent 8 long days debating doesn’t agree. A recent Gallup poll issue, but we always know we have a whether to raise the minimum wage by found that 80 percent of small business good deal of respect for each other; I $2.10 per hour. During this time, we owners do not think that the minimum certainly for him. I know it is not ap- have had quite a bit to say about quite wage affects their business, and three propriate to make personal comments a variety of issues. We have talked out of four small businesses said that a on the floor of the Senate, but I am, in about education. We have talked about 10 percent increase in the minimum any event. It is Senator ENZI’s birthday heath care. We have talked about tax wage would have no effect on their today, and we wish him the very best policy and immigration policy. We company. Additionally, nearly half of on this particular occasion. have actually talked very little about small business owners think that the Mr. ENZI. Thank you. raising the minimum wage. minimum wage should be increased, Mr. KENNEDY. Just finally, I think We have not had nearly enough de- and only 16 percent of owners think the those of us who are in this Chamber bate about what this bill would actu- minimum wage should be reduced or understand we want to be one country ally do, so I can honestly say that I am eliminated entirely. with one history and one destiny. We pleased when my colleagues on the In fact, historical evidence suggests want to make sure that for all people, other side of the aisle come down the that a minimum wage increase can ac- in all parts of our Nation, they are floor with the intent of actually talk- tually be beneficial to small business. going to have a part of the American ing about the Fair Minimum Wage Act. A 2005 study by the Fiscal Policy Insti- dream. We, as a nation, do not want to Unfortunately, while I applaud them tute found States with minimum wages have a subclass, a subclass of workers for addressing the issue at hand, their above the Federal level are generating who cannot emerge out of a minimum criticisms of the Fair Minimum Wage more small businesses than states with wage for themselves or for their fami- Act are woefully misplaced. My Repub- a minimum wage at the Federal level. lies. We recognize that work has to lican colleagues are perpetuating some Between 1998 and 2003, the number of pay. of the most common misconceptions small businesses rose 5.4 percent in the What we are trying to do with the in- about raising the minimum wage, and ten States, including at had a min- crease in the minimum wage is to say it is important to set the record imum wage higher than the Federal to men and women of dignity—pri- straight. level, compared to 4.2 percent in the marily to women because women are My colleague from Tennessee, Sen- other 40 States. The number of small the greatest recipients of the minimum ator ALEXANDER, raised concerns about retail businesses also grew faster in wage, to their families and their chil- the private sector costs of raising the these States. dren, to men and women of color—that minimum wage. He argued that an in- I appreciate Senator ALEXANDER’s we understand if you work hard in the crease will prove detrimental to the concerns about the economic impacts country that has the strongest econ- economy in general, or to the business of a minimum wage raise, those con- omy in the world, you should not have community in specific. He is correct cerns are misguided. The economic

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The Senator minimum wage earner from 11 percent in supporting a fair increase in the doesn’t have to take my word for it— below the poverty line to 5 percent minimum wage for hardworking Amer- over 650 prominent economists, includ- above the poverty line. icans across the country. ing 5 Nobel Prize winners, agree that a Now it’s true that some minimum Madam President, I understand the modest increase in the minimum wage workers may lose a portion of time has expired. Is it necessary to ask wage—like the one proposed in the Fair their food stamp benefits, but their in- for the yeas and nays? Minimum Wage Act—‘‘can signifi- creased earnings and the increased ben- It is necessary. cantly improve the lives of low-income efits they receive through the earned The PRESIDING OFFICER. The yeas workers and their families, without the income tax credit will more than offset and nays have not been ordered. adverse effects that critics have any loss of benefits and provide them Mr. KENNEDY. Madam President, I claimed.’’ with additional flexibility to meet ask for the yeas and nays. In addition to arguing about the eco- their family’s needs. They will also re- The PRESIDING OFFICER. Is there a nomic impacts this bill, several of my main eligible for housing assistance sufficient second? colleagues have argued that raising the and other essential government pro- There is a sufficient second. minimum wage is not an effective anti- grams. The yeas and nays were ordered. poverty program, but instead will ben- Minimum wage workers will also The PRESIDING OFFICER. One efit primarily secondary earners and benefit from a raise in the long run. minute remains on the Republican families well above the poverty line. They will be earning higher wages, side. This counterintuitive assertion is not paying more into Social Security, and Mr. ENZI. Madam President, I yield borne out by the facts. The vast major- ultimately receiving more in retire- back. ity of minimum wage workers are ment and disability benefits. The PRESIDING OFFICER. All time hard-working Americans struggling to Finally, I’d like to address some com- has been yielded back. get by on what the minimum wage ments made just this morning by my The question is on the engrossment pays them for their contribution to our colleague from Iowa, Senator GRASS- of the amendment and third reading of economy. And that is not easy. LEY. Now as Senator GRASSLEY knows, the bill. A minimum wage increase benefits I have always taken the position that The amendment was ordered to be poor American families. According to we should do this minimum wage bill engrossed and the bill to be read a the Economic Policy Institute, almost ‘‘clean’’—without any add-ons or tax third time. 70 percent of those who would benefit giveaways. Because it’s just a myth The bill was read the third time. are adult workers, not teenagers seek- that minimum wage increases hurt the The PRESIDING OFFICER. The bill ing pocket change. Nearly half of these business community, there is certainly having been read the third time, the adults are sole breadwinners for their no need to pay off the business commu- question is, Shall the bill pass? families. Nearly 40 percent of the bene- nity when we give minimum wage The yeas and nays have been ordered. fits from a minimum wage increase workers a raise. We’ve raised the min- The clerk will call the roll. would go to households with an aver- imum wage nine times since the Fair The assistant legislative clerk called age annual income of less than $17,000. Minimum Wage act was enacted in the roll. It is important to remember that 1938, and only once have we included a Mr. DURBIN. I announce that the those earning the minimum wage are tax package for business. That was dur- Senator from South Dakota (Mr. JOHN- not just starting out in the workforce. ing the Clinton administration—an era SON) and the Senator from New York Many hardworking people become when we had substantial government (Mr. SCHUMER) are necessarily absent. trapped in low-paying jobs and have surpluses, not the dramatic deficits Mr. LOTT. The following Senator trouble getting ahead. A report from we’re facing now. It’s just not respon- was necessarily absent: the Senator the Center for Economic Policy Re- sible to pass unnecessary tax give- from Oklahoma (Mr. INHOFE). search shows a third of minimum wage aways in the current fiscal environ- Further, if present and voting, the earners from ages 25 and 54 will still be ment. Democrats are united in this po- Senator from Oklahoma (Mr. INHOFE) earning the minimum wage three years sition. While Senator GRASSLEY sug- would have voted ‘‘nay.’’ later. Only 40 percent of them will have gested this morning that Democrats The PRESIDING OFFICER. Are there moved out of the low-wage workforce 3 wanted taxes added to this bill, I re- any other Senators in the Chamber de- years later. mind him that every Democrat in the siring to vote? Certainly raising the minimum wage Senate voted for cloture on the under- The result was announced—yeas 94, is only one of many steps that we lying bill—a clean increase in the min- nays 3, as follows: should take to address the problem of imum wage with no tax giveaways. [Rollcall Vote No. 42 Leg.] poverty in this nation. Several of my I admit that the tax package con- YEAS—94 Republican colleagues have suggested tained in the Baucus substitute is not that we should examine ways to im- particularly large or offensive, and I Akaka Craig Levin Alexander Crapo Lieberman prove the Earned Income Tax Credit, understand that it’s something we’ll Allard Dodd Lincoln and I look forward to working with likely have to take to get this bill Baucus Dole Lott them on this issue. done. But I don’t support it, and I cer- Bayh Domenici Lugar Bennett Dorgan Martinez But none of this changes the funda- tainly don’t support any additional tax Biden Durbin McCain mental fact that the Federal minimum giveaways being added to this bill. Bingaman Ensign McCaskill wage is at its lowest real value in 50 Senator GRASSLEY suggested this Bond Enzi McConnell years and continues to fall further and morning that tax breaks are a nec- Boxer Feingold Menendez Brown Feinstein Mikulski further behind each day. Minimum essary part of any increase in the min- Brownback Graham Murkowski wage workers have been waiting longer imum wage. I would remind the Sen- Bunning Grassley Murray than ever before in history for an in- ator that an overwhelming bipartisan Burr Gregg Nelson (FL) majority in both Houses of the Iowa Byrd Hagel Nelson (NE) crease, and a raise is long-overdue. Cantwell Harkin Obama Now, my colleague from South Caro- State Legislature just voted to in- Cardin Hatch Pryor lina, Senator DEMINT, went so far as to crease the Iowa state minimum wage Carper Hutchison Reed suggest that raising the minimum to $7.25—the same level provided in Casey Inouye Reid Chambliss Isakson Roberts wage will actually harm poor workers, this bill—with no tax breaks included. Clinton Kennedy Rockefeller because it will cause them to lose other The Senator’s State leaders hold the Cochran Kerry Salazar government benefits. That’s just not same views as a majority of the U.S. Coleman Klobuchar Sanders the case. Congress—that minimum wage workers Collins Kohl Sessions Conrad Landrieu Shelby The Fair Minimum Wage Act will deserve an immediate raise, with no Corker Lautenberg Smith bring working families out of poverty. strings attached. Cornyn Leahy Snowe

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Specter Thomas Webb striking ‘‘2010’’ each place it appears and insert- (4) ALTERNATIVE SYSTEM.—The table con- Stabenow Thune Whitehouse ing ‘‘2011’’. tained in section 168(g)(3)(B) is amended by in- Stevens Vitter Wyden serting after the item relating to subparagraph Sununu Voinovich SEC. 202. EXTENSION AND MODIFICATION OF 15- Tester Warner YEAR STRAIGHT-LINE COST RECOV- (E)(viii) the following new item: ERY FOR QUALIFIED LEASEHOLD IM- ‘‘(E)(ix) ...... 39’’. NAYS—3 PROVEMENTS AND QUALIFIED RES- (5) EFFECTIVE DATE.—The amendments made TAURANT IMPROVEMENTS; 15-YEAR Coburn DeMint Kyl by this section shall apply to property placed in STRAIGHT-LINE COST RECOVERY service after the date of the enactment of this NOT VOTING—3 FOR CERTAIN IMPROVEMENTS TO Act. RETAIL SPACE. Inhofe Johnson Schumer SEC. 203. CLARIFICATION OF CASH ACCOUNTING (a) EXTENSION OF LEASEHOLD AND RES- RULES FOR SMALL BUSINESS. The bill (H.R. 2), as amended, was TAURANT IMPROVEMENTS.— (a) CASH ACCOUNTING PERMITTED.— passed, as follows: (1) IN GENERAL.—Clauses (iv) and (v) of sec- (1) IN GENERAL.—Section 446 (relating to gen- H.R. 2 tion 168(e)(3)(E) (relating to 15-year property) eral rule for methods of accounting) is amended are each amended by striking ‘‘January 1, 2008’’ Resolved, That the bill from the House of by adding at the end the following new sub- and inserting ‘‘April 1, 2008’’. section: Representatives (H.R. 2) entitled ‘‘An Act to (2) EFFECTIVE DATE.—The amendment made amend the Fair Labor Standards Act of 1938 ‘‘(g) CERTAIN SMALL BUSINESS TAXPAYERS by this subsection shall apply to property placed PERMITTED TO USE CASH ACCOUNTING METHOD to provide for an increase in the Federal in service after December 31, 2007. minimum wage.’’, do pass with the following WITHOUT LIMITATION.— (b) MODIFICATION OF TREATMENT OF QUALI- ‘‘(1) IN GENERAL.—An eligible taxpayer shall amendment: FIED RESTAURANT PROPERTY AS 15-YEAR PROP- not be required to use an accrual method of ac- Strike out all after the enacting clause and ERTY FOR PURPOSES OF DEPRECIATION DEDUC- counting for any taxable year. insert: TION.— ‘‘(2) ELIGIBLE TAXPAYER.—For purposes of TITLE I—FAIR MINIMUM WAGE (1) TREATMENT TO INCLUDE NEW CONSTRUC- this subsection, a taxpayer is an eligible tax- SEC. 100. SHORT TITLE. TION.—Paragraph (7) of section 168(e) (relating payer with respect to any taxable year if— This title may be cited as the ‘‘Fair Minimum to classification of property) is amended to read ‘‘(A) for each of the prior taxable years end- Wage Act of 2007’’. as follows: ing on or after the date of the enactment of this ‘‘(7) QUALIFIED RESTAURANT PROPERTY.—The subsection, the taxpayer (or any predecessor) SEC. 101. MINIMUM WAGE. term ‘qualified restaurant property’ means any met the gross receipts test in effect under section (a) IN GENERAL.—Section 6(a)(1) of the Fair section 1250 property which is a building (or its 448(c) for such taxable year, and Labor Standards Act of 1938 (29 U.S.C. structural components) or an improvement to ‘‘(B) the taxpayer is not subject to section 447 206(a)(1)) is amended to read as follows: such building if more than 50 percent of such or 448.’’. ‘‘(1) except as otherwise provided in this sec- building’s square footage is devoted to prepara- (2) EXPANSION OF GROSS RECEIPTS TEST.— tion, not less than— tion of, and seating for on-premises consump- (A) IN GENERAL.—Paragraph (3) of section ‘‘(A) $5.85 an hour, beginning on the 60th day tion of, prepared meals.’’. 448(b) (relating to entities with gross receipts of after the date of enactment of the Fair Min- (2) EFFECTIVE DATE.—The amendment made not more than $5,000,000) is amended to read as imum Wage Act of 2007; by this subsection shall apply to any property follows: ‘‘(B) $6.55 an hour, beginning 12 months after placed in service after the date of the enactment ‘‘(3) ENTITIES MEETING GROSS RECEIPTS TEST.— that 60th day; and of this Act, the original use of which begins Paragraphs (1) and (2) of subsection (a) shall ‘‘(C) $7.25 an hour, beginning 24 months after with the taxpayer after such date. not apply to any corporation or partnership for that 60th day;’’. (c) RECOVERY PERIOD FOR DEPRECIATION OF any taxable year if, for each of the prior taxable (b) EFFECTIVE DATE.—The amendment made CERTAIN IMPROVEMENTS TO RETAIL SPACE.— years ending on or after the date of the enact- by subsection (a) shall take effect 60 days after (1) 15-YEAR RECOVERY PERIOD.—Section ment of the Small Business and Work Oppor- the date of enactment of this Act. 168(e)(3)(E) (relating to 15-year property) is tunity Act of 2007, the entity (or any prede- SEC. 102. APPLICABILITY OF MINIMUM WAGE TO amended by striking ‘‘and’’ at the end of clause cessor) met the gross receipts test in effect under THE COMMONWEALTH OF THE (vii), by striking the period at the end of clause subsection (c) for such prior taxable year.’’. NORTHERN MARIANA ISLANDS. (viii) and inserting ‘‘, and’’, and by adding at (B) CONFORMING AMENDMENTS.—Section 448(c) (a) IN GENERAL.—Section 6 of the Fair Labor the end the following new clause: of such Code is amended— Standards Act of 1938 (29 U.S.C. 206) shall apply ‘‘(ix) any qualified retail improvement prop- (i) by striking ‘‘$5,000,000’’ in the heading to the Commonwealth of the Northern Mariana erty placed in service before April 1, 2008.’’. thereof, (ii) by striking ‘‘$5,000,000’’ each place it ap- Islands. (2) QUALIFIED RETAIL IMPROVEMENT PROP- RANSITION pears in paragraph (1) and inserting (b) T .—Notwithstanding subsection ERTY.—Section 168(e) is amended by adding at (a), the minimum wage applicable to the Com- ‘‘$10,000,000’’, and the end the following new paragraph: (iii) by adding at the end the following new monwealth of the Northern Mariana Islands ‘‘(8) QUALIFIED RETAIL IMPROVEMENT PROP- under section 6(a)(1) of the Fair Labor Stand- paragraph: ERTY.— ‘‘(4) INFLATION ADJUSTMENT.—In the case of ards Act of 1938 (29 U.S.C. 206(a)(1)) shall be— ‘‘(A) IN GENERAL.—The term ‘qualified retail (1) $3.55 an hour, beginning on the 60th day any taxable year beginning in a calendar year improvement property’ means any improvement after 2008, the dollar amount contained in para- after the date of enactment of this Act; and to an interior portion of a building which is (2) increased by $0.50 an hour (or such lesser graph (1) shall be increased by an amount equal nonresidential real property if— to— amount as may be necessary to equal the min- ‘‘(i) such portion is open to the general public imum wage under section 6(a)(1) of such Act), ‘‘(A) such dollar amount, multiplied by and is used in the retail trade or business of sell- ‘‘(B) the cost-of-living adjustment determined beginning 6 months after the date of enactment ing tangible personal property to the general of this Act and every 6 months thereafter until under section 1(f)(3) for the calendar year in public, and which the taxable year begins, by substituting the minimum wage applicable to the Common- ‘‘(ii) such improvement is placed in service wealth of the Northern Mariana Islands under ‘calendar year 2007’ for ‘calendar year 1992’ in more than 3 years after the date the building subparagraph (B) thereof. this subsection is equal to the minimum wage set was first placed in service. forth in such section. If any amount as adjusted under this subpara- ‘‘(B) IMPROVEMENTS MADE BY OWNER.—In the graph is not a multiple of $100,000, such amount TITLE II—SMALL BUSINESS TAX case of an improvement made by the owner of shall be rounded to the nearest multiple of INCENTIVES such improvement, such improvement shall be $100,000.’’. SEC. 200. SHORT TITLE; AMENDMENT OF CODE. qualified retail improvement property (if at all) (b) CLARIFICATION OF INVENTORY RULES FOR (a) SHORT TITLE.—This title may be cited as only so long as such improvement is held by SMALL BUSINESS.— the ‘‘Small Business and Work Opportunity Act such owner. Rules similar to the rules under (1) IN GENERAL.—Section 471 (relating to gen- of 2007’’. paragraph (6)(B) shall apply for purposes of the eral rule for inventories) is amended by redesig- (b) AMENDMENT OF 1986 CODE.—Except as oth- preceding sentence. nating subsection (c) as subsection (d) and by erwise expressly provided, whenever in this title ‘‘(C) CERTAIN IMPROVEMENTS NOT INCLUDED.— inserting after subsection (b) the following new an amendment or repeal is expressed in terms of Such term shall not include any improvement subsection: an amendment to, or repeal of, a section or for which the expenditure is attributable to— ‘‘(c) SMALL BUSINESS TAXPAYERS NOT RE- other provision, the reference shall be consid- ‘‘(i) the enlargement of the building, QUIRED TO USE INVENTORIES.— ered to be made to a section or other provision ‘‘(ii) any elevator or escalator, ‘‘(1) IN GENERAL.—A qualified taxpayer shall of the Internal Revenue Code of 1986. ‘‘(iii) any structural component benefitting a not be required to use inventories under this sec- common area, or tion for a taxable year. Subtitle A—Small Business Tax Relief ‘‘(iv) the internal structural framework of the ‘‘(2) TREATMENT OF TAXPAYERS NOT USING IN- Provisions building.’’. VENTORIES.—If a qualified taxpayer does not use PART I—GENERAL PROVISIONS (3) REQUIREMENT TO USE STRAIGHT LINE METH- inventories with respect to any property for any SEC. 201. EXTENSION OF INCREASED EXPENSING OD.—Section 168(b)(3) is amended by adding at taxable year beginning after the date of the en- FOR SMALL BUSINESSES. the end the following new subparagraph: actment of this subsection, such property shall Section 179 (relating to election to expense cer- ‘‘(I) Qualified retail improvement property de- be treated as a material or supply which is not tain depreciable business assets) is amended by scribed in subsection (e)(8).’’. incidental.

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‘‘(3) QUALIFIED TAXPAYER.—For purposes of Food Stamp Act of 1977 for at least a 3-month ‘‘(A) such credit with respect to a work site this subsection, the term ‘qualified taxpayer’ period ending during the 12-month period end- employee performing services for the customer means— ing on the hiring date, or applies to the customer, not the certified profes- ‘‘(A) any eligible taxpayer (as defined in sec- ‘‘(ii) entitled to compensation for a service- sional employer organization, tion 446(g)(2)), and connected disability incurred after September 10, ‘‘(B) the customer, and not the certified pro- ‘‘(B) any taxpayer described in section 2001.’’. fessional employer organization, shall take into 448(b)(3).’’. (B) DEFINITIONS.—Paragraph (3) of section account wages and employment taxes— (2) CONFORMING AMENDMENTS.— 51(d) is amended by adding at the end the fol- ‘‘(i) paid by the certified professional em- (A) Subpart D of part II of subchapter E of lowing new subparagraph: ployer organization with respect to the work site chapter 1 is amended by striking section 474. ‘‘(C) OTHER DEFINITIONS.—For purposes of employee, and (B) The table of sections for subpart D of part subparagraph (A), the terms ‘compensation’ and ‘‘(ii) for which the certified professional em- II of subchapter E of chapter 1 is amended by ‘service-connected’ have the meanings given ployer organization receives payment from the striking the item relating to section 474. such terms under section 101 of title 38, United customer, and (c) EFFECTIVE DATE AND SPECIAL RULES.— States Code.’’. ‘‘(C) the certified professional employer orga- (1) IN GENERAL.—The amendments made by (2) INCREASE IN AMOUNT OF WAGES TAKEN INTO nization shall furnish the customer with any in- this section shall apply to taxable years begin- ACCOUNT FOR DISABLED VETERANS.—Paragraph formation necessary for the customer to claim ning after the date of the enactment of this Act. (3) of section 51(b) is amended— such credit. (2) CHANGE IN METHOD OF ACCOUNTING.—In (A) by inserting ‘‘($12,000 per year in the case ‘‘(2) CREDITS SPECIFIED.—A credit is specified the case of any taxpayer changing the tax- of any individual who is a qualified veteran by in this paragraph if such credit is allowed payer’s method of accounting for any taxable reason of subsection (d)(3)(A)(ii))’’ before the under— year under the amendments made by this sec- ‘‘(A) section 41 (credit for increasing research period at the end, and tion— activity), (B) by striking ‘‘ONLY FIRST $6,000 OF’’ in the (A) such change shall be treated as initiated ‘‘(B) section 45A (Indian employment credit), heading and inserting ‘‘LIMITATION ON’’. by the taxpayer; ‘‘(C) section 45B (credit for portion of em- (B) such change shall be treated as made with (e) EFFECTIVE DATE.—The amendments made ployer social security taxes paid with respect to the consent of the Secretary of the Treasury; by this section shall apply to individuals who employee cash tips), and begin work for the employer after the date of the ‘‘(D) section 45C (clinical testing expenses for (C) the net amount of the adjustments re- enactment of this Act, in taxable years ending certain drugs for rare diseases or conditions), quired to be taken into account by the taxpayer after such date. ‘‘(E) section 51 (work opportunity credit), under section 481 of the Internal Revenue Code SEC. 205. CERTIFIED PROFESSIONAL EMPLOYER ‘‘(F) section 51A (temporary incentives for em- of 1986 shall be taken into account over a period ORGANIZATIONS. ploying long-term family assistance recipients), (not greater than 4 taxable years) beginning (a) EMPLOYMENT TAXES.—Chapter 25 (relating ‘‘(G) section 1396 (empowerment zone employ- with such taxable year. to general provisions relating to employment ment credit), SEC. 204. EXTENSION AND MODIFICATION OF taxes) is amended by adding at the end the fol- ‘‘(H) 1400(d) (DC Zone employment credit), COMBINED WORK OPPORTUNITY TAX lowing new section: ‘‘(I) Section 1400H (renewal community em- CREDIT AND WELFARE-TO-WORK ‘‘SEC. 3511. CERTIFIED PROFESSIONAL EM- ployment credit), and CREDIT. PLOYER ORGANIZATIONS. ‘‘(J) any other section as provided by the Sec- (a) EXTENSION.—Section 51(c)(4)(B) (relating ‘‘(a) GENERAL RULES.—For purposes of the retary. to termination) is amended by striking ‘‘2007’’ taxes, and other obligations, imposed by this ‘‘(e) SPECIAL RULE FOR RELATED PARTY.— and inserting ‘‘2012’’. subtitle— This section shall not apply in the case of a cus- (b) INCREASE IN MAXIMUM AGE FOR DES- ‘‘(1) a certified professional employer organi- tomer which bears a relationship to a certified IGNATED COMMUNITY RESIDENTS.— zation shall be treated as the employer (and no professional employer organization described in (1) IN GENERAL.—Paragraph (5) of section other person shall be treated as the employer) of section 267(b) or 707(b). For purposes of the pre- 51(d) is amended to read as follows: any work site employee performing services for ceding sentence, such sections shall be applied ‘‘(5) DESIGNATED COMMUNITY RESIDENTS.— any customer of such organization, but only by substituting ‘10 percent’ for ‘50 percent’. ‘‘(A) IN GENERAL.—The term ‘designated com- ‘‘(f) SPECIAL RULE FOR CERTAIN INDIVID- with respect to remuneration remitted by such munity resident’ means any individual who is UALS.—For purposes of the taxes imposed under organization to such work site employee, and certified by the designated local agency— this subtitle, an individual with net earnings ‘‘(2) exclusions, definitions, and other rules ‘‘(i) as having attained age 18 but not age 40 from self-employment derived from the cus- which are based on the type of employer and on the hiring date, and tomer’s trade or business is not a work site em- which would (but for paragraph (1)) apply shall ‘‘(ii) as having his principal place of abode ployee with respect to remuneration paid by a apply with respect to such taxes imposed on within an empowerment zone, enterprise com- certified professional employer organization. such remuneration. munity, or renewal community. ‘‘(g) REGULATIONS.—The Secretary shall pre- ‘‘(b) SUCCESSOR EMPLOYER STATUS.—For pur- ‘‘(B) INDIVIDUAL MUST CONTINUE TO RESIDE IN scribe such regulations as may be necessary or poses of sections 3121(a)(1), 3231(e)(2)(C), and ZONE OR COMMUNITY.—In the case of a des- appropriate to carry out the purposes of this 3306(b)(1)— ignated community resident, the term ‘qualified section.’’. ‘‘(1) a certified professional employer organi- wages’ shall not include wages paid or incurred (b) CERTIFIED PROFESSIONAL EMPLOYER OR- zation entering into a service contract with a for services performed while the individual’s GANIZATION DEFINED.—Chapter 79 (relating to principal place of abode is outside an empower- customer with respect to a work site employee definitions) is amended by adding at the end the ment zone, enterprise community, or renewal shall be treated as a successor employer and the following new section: community.’’. customer shall be treated as a predecessor em- ployer during the term of such service contract, ‘‘SEC. 7705. CERTIFIED PROFESSIONAL EM- (2) CONFORMING AMENDMENT.—Subparagraph PLOYER ORGANIZATIONS DEFINED. and (D) of section 51(d)(1) is amended to read as fol- ‘‘(a) IN GENERAL.—For purposes of this title, lows: ‘‘(2) a customer whose service contract with a the term ‘certified professional employer organi- ‘‘(D) a designated community resident,’’. certified professional employer organization is zation’ means a person who has been certified (c) CLARIFICATION OF TREATMENT OF INDIVID- terminated with respect to a work site employee by the Secretary for purposes of section 3511 as UALS UNDER INDIVIDUAL WORK PLANS.—Sub- shall be treated as a successor employer and the meeting the requirements of subsection (b). paragraph (B) of section 51(d)(6) (relating to vo- certified professional employer organization ‘‘(b) GENERAL REQUIREMENTS.—A person cational rehabilitation referral) is amended by shall be treated as a predecessor employer. meets the requirements of this subsection if such striking ‘‘or’’ at the end of clause (i), by striking ‘‘(c) LIABILITY OF CERTIFIED PROFESSIONAL person— the period at the end of clause (ii) and inserting EMPLOYER ORGANIZATION.—Solely for purposes ‘‘(1) demonstrates that such person (and any ‘‘, or’’, and by adding at the end the following of its liability for the taxes, and other obliga- owner, officer, and such other persons as may new clause: tions, imposed by this subtitle— be specified in regulations) meets such require- ‘‘(iii) an individual work plan developed and ‘‘(1) a certified professional employer organi- ments as the Secretary shall establish with re- implemented by an employment network pursu- zation shall be treated as the employer of any spect to tax status, background, experience, ant to subsection (g) of section 1148 of the Social individual (other than a work site employee or business location, and annual financial audits, Security Act with respect to which the require- a person described in subsection (f)) who is per- ‘‘(2) computes its taxable income using an ac- ments of such subsection are met.’’. forming services covered by a contract meeting crual method of accounting unless the Secretary (d) TREATMENT OF DISABLED VETERANS the requirements of section 7705(e)(2), but only approves another method, UNDER THE WORK OPPORTUNITY TAX CREDIT.— with respect to remuneration remitted by such ‘‘(3) agrees that it will satisfy the bond and (1) DISABLED VETERANS TREATED AS MEMBERS organization to such individual, and independent financial review requirements of OF TARGETED GROUP.— ‘‘(2) exclusions, definitions, and other rules subsection (c) on an ongoing basis, (A) IN GENERAL.—Subparagraph (A) of section which are based on the type of employer and ‘‘(4) agrees that it will satisfy such reporting 51(d)(3) (relating to qualified veteran) is amend- which would (but for paragraph (1)) apply shall obligations as may be imposed by the Secretary, ed by striking ‘‘agency as being a member of a apply with respect to such taxes imposed on ‘‘(5) agrees to verify on such periodic basis as family’’ and all that follows and inserting such remuneration. the Secretary may prescribe that it continues to ‘‘agency as— ‘‘(d) TREATMENT OF CREDITS.— meet the requirements of this subsection, and ‘‘(i) being a member of a family receiving as- ‘‘(1) IN GENERAL.—For purposes of any credit ‘‘(6) agrees to notify the Secretary in writing sistance under a food stamp program under the specified in paragraph (2)— within such time as the Secretary may prescribe

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0637 Sfmt 6333 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1502 CONGRESSIONAL RECORD — SENATE February 1, 2007 of any change that materially affects whether it sional employer organization, an individual (ii) by striking ‘‘paragraph (1), (2), or (3)’’ continues to meet the requirements of this sub- who— and inserting ‘‘paragraph (1), (2), (3), or (4)’’. section. ‘‘(A) performs services for a customer pursu- (3) Section 6053(c) (relating to reporting of ‘‘(c) BOND AND INDEPENDENT FINANCIAL RE- ant to a contract which is between such cus- tips) is amended by adding at the end the fol- VIEW REQUIREMENTS.— tomer and the certified professional employer or- lowing new paragraph: ‘‘(1) IN GENERAL.—An organization meets the ganization and which meets the requirements of ‘‘(8) CERTIFIED PROFESSIONAL EMPLOYER OR- requirements of this paragraph if such organiza- paragraph (2), and GANIZATIONS.—For purposes of any report re- tion— ‘‘(B) performs services at a work site meeting quired by this subsection, in the case of a cer- ‘‘(A) meets the bond requirements of para- the requirements of paragraph (3). tified professional employer organization that is graph (2), and ‘‘(2) SERVICE CONTRACT REQUIREMENTS.—A treated under section 3511 as the employer of a ‘‘(B) meets the independent financial review contract meets the requirements of this para- work site employee, the customer with respect to requirements of paragraph (3). graph with respect to an individual performing whom a work site employee performs services ‘‘(2) BOND.— services for a customer if such contract is in shall be the employer for purposes of reporting ‘‘(A) IN GENERAL.—A certified professional em- writing and provides that the certified profes- under this section and the certified professional ployer organization meets the requirements of sional employer organization shall— employer organization shall furnish to the cus- ‘‘(A) assume responsibility for payment of this paragraph if the organization has posted a tomer any information necessary to complete wages to such individual, without regard to the bond for the payment of taxes under subtitle C such reporting no later than such time as the receipt or adequacy of payment from the cus- (in a form acceptable to the Secretary) in an Secretary shall prescribe.’’. amount at least equal to the amount specified in tomer for such services, ‘‘(B) assume responsibility for reporting, with- (d) CLERICAL AMENDMENTS.— subparagraph (B). (1) The table of sections for chapter 25 is ‘‘(B) AMOUNT OF BOND.—For the period April holding, and paying any applicable taxes under subtitle C, with respect to such individual’s amended by adding at the end the following 1 of any calendar year through March 31 of the new item: following calendar year, the amount of the bond wages, without regard to the receipt or ade- required is equal to the greater of— quacy of payment from the customer for such ‘‘Sec. 3511. Certified professional employer or- ‘‘(i) 5 percent of the organization’s liability services, ganizations.’’. under section 3511 for taxes imposed by subtitle ‘‘(C) assume responsibility for any employee (2) The table of sections for chapter 79 is C during the preceding calendar year (but not benefits which the service contract may require amended by inserting after the item relating to to exceed $1,000,000), or the organization to provide, without regard to section 7704 the following new item: the receipt or adequacy of payment from the ‘‘(ii) $50,000. ‘‘Sec. 7705. Certified professional employer or- ‘‘(3) INDEPENDENT FINANCIAL REVIEW REQUIRE- customer for such services, ‘‘(D) assume responsibility for hiring, firing, ganizations defined.’’. MENTS.—A certified professional employer orga- and recruiting workers in addition to the cus- (e) REPORTING REQUIREMENTS AND OBLIGA- nization meets the requirements of this para- tomer’s responsibility for hiring, firing and re- TIONS.—The Secretary of the Treasury shall de- graph if such organization— velop such reporting and recordkeeping rules, ‘‘(A) has, as of the most recent review date, cruiting workers, ‘‘(E) maintain employee records relating to regulations, and procedures as the Secretary de- caused to be prepared and provided to the Sec- such individual, and termines necessary or appropriate to ensure retary (in such manner as the Secretary may ‘‘(F) agree to be treated as a certified profes- compliance with the amendments made by this prescribe) an opinion of an independent cer- sional employer organization for purposes of section with respect to entities applying for cer- tified public accountant that the certified pro- section 3511 with respect to such individual. tification as certified professional employer or- fessional employer organization’s financial ‘‘(3) WORK SITE COVERAGE REQUIREMENT.— ganizations or entities that have been so cer- statements are presented fairly in accordance The requirements of this paragraph are met tified. Such rules shall be designed in a manner with generally accepted accounting principles, with respect to an individual if at least 85 per- which streamlines, to the extent possible, the and cent of the individuals performing services for application of requirements of such amend- ‘‘(B) provides, not later than the last day of the customer at the work site where such indi- ments, the exchange of information between a the second month beginning after the end of vidual performs services are subject to 1 or more certified professional employer organization and each calendar quarter, to the Secretary from an contracts with the certified professional em- its customers, and the reporting and record- independent certified public accountant an as- ployer organization which meet the require- keeping obligations of the certified professional sertion regarding Federal employment tax pay- ments of paragraph (2) (but not taking into ac- employer organization. ments and an examination level attestation on count those individuals who are excluded em- (f) USER FEES.—Subsection (b) of section 7528 such assertion. ployees within the meaning of section 414(q)(5)). (relating to Internal Revenue Service user fees) ‘‘(f) DETERMINATION OF EMPLOYMENT STA- Such assertion shall state that the organization is amended by adding at the end the following TUS.—Except to the extent necessary for pur- has withheld and made deposits of all taxes im- new paragraph: poses of section 3511, nothing in this section posed by chapters 21, 22, and 24 of the Internal ‘‘(4) CERTIFIED PROFESSIONAL EMPLOYER OR- shall be construed to affect the determination of Revenue Code in accordance with regulations GANIZATIONS.—The fee charged under the pro- who is an employee or employer for purposes of imposed by the Secretary for such calendar gram in connection with the certification by the this title. quarter and such examination level attestation Secretary of a professional employer organiza- shall state that such assertion is fairly stated, in ‘‘(g) REGULATIONS.—The Secretary shall pre- scribe such regulations as may be necessary or tion under section 7705 shall not exceed $500.’’. all material respects. (g) EFFECTIVE DATES.— ‘‘(4) CONTROLLED GROUP RULES.—For pur- appropriate to carry out the purposes of this section.’’. (1) IN GENERAL.—The amendments made by poses of the requirements of paragraphs (2) and this section shall apply with respect to wages (3), all professional employer organizations that (c) CONFORMING AMENDMENTS.— (1) Section 3302 is amended by adding at the for services performed on or after January 1 of are members of a controlled group within the end the following new subsection: the first calendar year beginning more than 12 meaning of sections 414(b) and (c) shall be treat- ‘‘(h) TREATMENT OF CERTIFIED PROFESSIONAL months after the date of the enactment of this ed as a single organization. EMPLOYER ORGANIZATIONS.—If a certified pro- Act. ‘‘(5) FAILURE TO FILE ASSERTION AND ATTESTA- fessional employer organization (as defined in (2) CERTIFICATION PROGRAM.—The Secretary TION.—If the certified professional employer or- section 7705), or a customer of such organiza- of the Treasury shall establish the certification ganization fails to file the assertion and attesta- tion, makes a contribution to the State’s unem- program described in section 7705(b) of the In- tion required by paragraph (3) with respect to ployment fund with respect to a work site em- ternal Revenue Code of 1986, as added by sub- any calendar quarter, then the requirements of ployee, such organization shall be eligible for section (b), not later than 6 months before the paragraph (3) with respect to such failure shall the credits available under this section with re- effective date determined under paragraph (1). be treated as not satisfied for the period begin- spect to such contribution.’’. (h) NO INFERENCE.—Nothing contained in this ning on the due date for such attestation. (2) Section 3303(a) is amended— section or the amendments made by this section ‘‘(6) REVIEW DATE.—For purposes of para- (A) by striking the period at the end of para- shall be construed to create any inference with graph (3)(A), the review date shall be 6 months graph (3) and inserting ‘‘; and’’ and by insert- respect to the determination of who is an em- after the completion of the organization’s fiscal ing after paragraph (3) the following new para- ployee or employer— year. graph: (1) for Federal tax purposes (other than the ‘‘(d) SUSPENSION AND REVOCATION AUTHOR- ‘‘(4) if the taxpayer is a certified professional purposes set forth in the amendments made by ITY.—The Secretary may suspend or revoke a employer organization (as defined in section this section), or certification of any person under subsection (b) 7705) that is treated as the employer under sec- (2) for purposes of any other provision of law. for purposes of section 3511 if the Secretary de- tion 3511, such certified professional employer termines that such person is not satisfying the organization is permitted to collect and remit, in PART II—SUBCHAPTER S PROVISIONS representations or requirements of subsections accordance with paragraphs (1), (2), and (3), SEC. 211. CAPITAL GAIN OF S CORPORATION NOT (b) or (c), or fails to satisfy applicable account- contributions during the taxable year to the TREATED AS PASSIVE INVESTMENT ing, reporting, payment, or deposit require- State unemployment fund with respect to a INCOME. ments. work site employee.’’, and (a) IN GENERAL.—Section 1362(d)(3) is amend- ‘‘(e) WORK SITE EMPLOYEE.—For purposes of (B) in the last sentence— ed by striking subparagraphs (B), (C), (D), (E), this title— (i) by striking ‘‘paragraphs (1), (2), and (3)’’ and (F) and inserting the following new sub- ‘‘(1) IN GENERAL.—The term ‘work site em- and inserting ‘‘paragraphs (1), (2), (3), and (4)’’, paragraph: ployee’ means, with respect to a certified profes- and ‘‘(B) PASSIVE INVESTMENT INCOME DEFINED.—

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‘‘(i) IN GENERAL.—Except as otherwise pro- full payment in exchange for stock) from an S portion (if any) of such accumulated earnings vided in this subparagraph, the term ‘passive in- corporation with respect to any restricted bank and profits which were accumulated in any tax- vestment income’ means gross receipts derived director stock (as defined in section 1361(f)), the able year beginning before January 1, 1983, for from royalties, rents, dividends, interest, and amount of such distribution— which such corporation was an electing small annuities. ‘‘(1) shall be includible in gross income of the business corporation under subchapter S of the ‘‘(ii) EXCEPTION FOR INTEREST ON NOTES FROM director, and Internal Revenue Code of 1986. SALES OF INVENTORY.—The term ‘passive invest- ‘‘(2) shall be deductible by the corporation for SEC. 216. EXPANSION OF QUALIFYING BENE- ment income’ shall not include interest on any the taxable year of such corporation in which or FICIARIES OF AN ELECTING SMALL obligation acquired in the ordinary course of the with which ends the taxable year in which such BUSINESS TRUST. corporation’s trade or business from its sale of amount in included in the gross income of the (a) NO LOOK THROUGH FOR ELIGIBILITY PUR- property described in section 1221(a)(1). director.’’. POSES.—Clause (v) of section 1361(c)(2)(B) is ‘‘(iii) TREATMENT OF CERTAIN LENDING OR FI- (c) EFFECTIVE DATES.— amended by adding at the end the following NANCE COMPANIES.—If the S corporation meets (1) IN GENERAL.—The amendments made by new sentence: ‘‘This clause shall not apply for the requirements of section 542(c)(6) for the tax- this section shall apply to taxable years begin- purposes of subsection (b)(1)(C).’’. able year, the term ‘passive investment income’ ning after December 31, 2006. (b) EFFECTIVE DATE.—The amendment made shall not include gross receipts for the taxable (2) SPECIAL RULE FOR TREATMENT AS SECOND by this section shall take effect on the date of year which are derived directly from the active CLASS OF STOCK.—In the case of any taxable the enactment of this Act. and regular conduct of a lending or finance year beginning after December 31, 1996, re- Subtitle B—Revenue Provisions business (as defined in section 542(d)(1)). stricted bank director stock (as defined in sec- SEC. 221. MODIFICATION OF EFFECTIVE DATE OF ‘‘(iv) TREATMENT OF CERTAIN DIVIDENDS.—If tion 1361(f) of the Internal Revenue Code of LEASING PROVISIONS OF THE AMER- an S corporation holds stock in a C corporation 1986, as added by this section) shall not be ICAN JOBS CREATION ACT OF 2004. meeting the requirements of section 1504(a)(2), taken into account in determining whether an S (a) LEASES TO FOREIGN ENTITIES.—Section the term ‘passive investment income’ shall not corporation has more than 1 class of stock. 849(b) of the American Jobs Creation Act of 2004 include dividends from such C corporation to SEC. 213. SPECIAL RULE FOR BANK REQUIRED TO is amended by adding at the end the following the extent such dividends are attributable to the CHANGE FROM THE RESERVE METH- new paragraph: earnings and profits of such C corporation de- OD OF ACCOUNTING ON BECOMING S ‘‘(5) LEASES TO FOREIGN ENTITIES.—In the case rived from the active conduct of a trade or busi- CORPORATION. of tax-exempt use property leased to a tax-ex- ness. (a) IN GENERAL.—Section 1361, as amended by empt entity which is a foreign person or entity, ‘‘(v) EXCEPTION FOR BANKS, ETC.—In the case this Act, is amended by adding at the end the the amendments made by this part shall apply of a bank (as defined in section 581) or a deposi- following new subsection: to taxable years beginning after December 31, tory institution holding company (as defined in ‘‘(g) SPECIAL RULE FOR BANK REQUIRED TO 2006, with respect to leases entered into on or be- section 3(w)(1) of the Federal Deposit Insurance CHANGE FROM THE RESERVE METHOD OF AC- fore March 12, 2004.’’. Act (12 U.S.C. 1813(w)(1)), the term ‘passive in- COUNTING ON BECOMING S CORPORATION.—In (b) EFFECTIVE DATE.—The amendment made vestment income’ shall not include— the case of a bank which changes from the re- by this section shall take effect as if included in ‘‘(I) interest income earned by such bank or serve method of accounting for bad debts de- the enactment of the American Jobs Creation company, or scribed in section 585 or 593 for its first taxable Act of 2004. ‘‘(II) dividends on assets required to be held year for which an election under section 1362(a) SEC. 222. APPLICATION OF RULES TREATING IN- by such bank or company, including stock in is in effect, the bank may elect to take into ac- VERTED CORPORATIONS AS DOMES- the Federal Reserve Bank, the Federal Home count any adjustments under section 481 by rea- TIC CORPORATIONS TO CERTAIN Loan Bank, or the Federal Agricultural Mort- son of such change for the taxable year imme- TRANSACTIONS OCCURRING AFTER MARCH 20, 2002. gage Bank or participation certificates issued by diately preceding such first taxable year.’’. (a) IN GENERAL.—Section 7874(b) (relating to (b) EFFECTIVE DATE.—The amendments made a Federal Intermediate Credit Bank.’’. inverted corporations treated as domestic cor- (b) CONFORMING AMENDMENT.—Clause (i) of by this section shall apply to taxable years be- ginning after December 31, 2006. porations) is amended to read as follows: section 1042(c)(4)(A) is amended by striking ‘‘(b) INVERTED CORPORATIONS TREATED AS SEC. 214. TREATMENT OF THE SALE OF INTEREST ‘‘section 1362(d)(3)(C)’’ and inserting ‘‘section DOMESTIC CORPORATIONS.— IN A QUALIFIED SUBCHAPTER S SUB- 1362(d)(3)(B)’’. ‘‘(1) IN GENERAL.—Notwithstanding section SIDIARY. (c) EFFECTIVE DATE.—The amendments made 7701(a)(4), a foreign corporation shall be treated (a) IN GENERAL.—Subparagraph (C) of section by this section shall apply to taxable years be- for purposes of this title as a domestic corpora- 1361(b)(3) (relating to treatment of terminations ginning after the date of the enactment of this tion if such corporation would be a surrogate of qualified subchapter S subsidiary status) is Act. foreign corporation if subsection (a)(2) were ap- amended— SEC. 212. TREATMENT OF BANK DIRECTOR plied by substituting ‘80 percent’ for ‘60 per- (1) by striking ‘‘For purposes of this title,’’ SHARES. cent’. and inserting the following: (a) IN GENERAL.—Section 1361 (defining S cor- ‘‘(2) SPECIAL RULE FOR CERTAIN TRANSACTIONS ‘‘(i) IN GENERAL.—For purposes of this title,’’, poration) is amended by adding at the end the OCCURRING AFTER MARCH 20, 2002.— following new subsection: and ‘‘(A) IN GENERAL.—If— ‘‘(f) RESTRICTED BANK DIRECTOR STOCK.— (2) by inserting at the end the following new ‘‘(i) paragraph (1) does not apply to a foreign ‘‘(1) IN GENERAL.—Restricted bank director clause: corporation, but stock shall not be taken into account as out- ‘‘(ii) TERMINATION BY REASON OF SALE OF ‘‘(ii) paragraph (1) would apply to such cor- standing stock of the S corporation in applying STOCK.—If the failure to meet the requirements poration if, in addition to the substitution under this subchapter (other than section 1368(f)). of subparagraph (B) is by reason of the sale of paragraph (1), subsection (a)(2) were applied by ‘‘(2) RESTRICTED BANK DIRECTOR STOCK.—For stock of a corporation which is a qualified sub- substituting ‘March 20, 2002’ for ‘March 4, 2003’ purposes of this subsection, the term ‘restricted chapter S subsidiary, the sale of such stock each place it appears, bank director stock’ means stock in a bank (as shall be treated as if— then paragraph (1) shall apply to such corpora- defined in section 581) or a depository institu- ‘‘(I) the sale were a sale of an undivided inter- tion but only with respect to taxable years of tion holding company (as defined in section est in the assets of such corporation (based on such corporation beginning after December 31, 3(w)(1) of the Federal Deposit Insurance Act (12 the percentage of the corporation’s stock sold), 2006. U.S.C. 1813(w)(1)), if such stock— and ‘‘(B) SPECIAL RULES.—Subject to such rules as ‘‘(A) is required to be held by an individual ‘‘(II) the sale were followed by an acquisition the Secretary may prescribe, in the case of a under applicable Federal or State law in order by such corporation of all of its assets (and the corporation to which paragraph (1) applies by to permit such individual to serve as a director, assumption by such corporation of all of its li- reason of this paragraph— and abilities) in a transaction to which section 351 ‘‘(i) the corporation shall be treated, as of the ‘‘(B) is subject to an agreement with such applies.’’. close of its last taxable year beginning before bank or company (or a corporation which con- (b) EFFECTIVE DATE.—The amendments made January 1, 2007, as having transferred all of its trols (within the meaning of section 368(c)) such by this section shall apply to taxable years be- assets, liabilities, and earnings and profits to a bank or company) pursuant to which the holder ginning after December 31, 2006 . domestic corporation in a transaction with re- is required to sell back such stock (at the same SEC. 215. ELIMINATION OF ALL EARNINGS AND spect to which no tax is imposed under this title, price as the individual acquired such stock) PROFITS ATTRIBUTABLE TO PRE- ‘‘(ii) the bases of the assets transferred in the upon ceasing to hold the office of director. 1983 YEARS FOR CERTAIN CORPORA- transaction to the domestic corporation shall be TIONS. the same as the bases of the assets in the hands ‘‘(3) CROSS REFERENCE.— In the case of a corporation which is— of the foreign corporation, subject to any ad- ‘‘For treatment of certain distributions with re- (1) described in section 1311(a)(1) of the Small justments under this title for built-in losses, spect to restricted bank director Business Job Protection Act of 1996, and ‘‘(iii) the basis of the stock of any shareholder stock, see section 1368(f)’’. (2) not described in section 1311(a)(2) of such in the domestic corporation shall be the same as (b) DISTRIBUTIONS.—Section 1368 (relating to Act, the basis of the stock of the shareholder in the distributions) is amended by adding at the end the amount of such corporation’s accumulated foreign corporation for which it is treated as ex- the following new subsection: earnings and profits (for the first taxable year changed, and ‘‘(f) RESTRICTED BANK DIRECTOR STOCK.—If a beginning after the date of the enactment of this ‘‘(iv) the transfer of any earnings and profits director receives a distribution (not in part or Act) shall be reduced by an amount equal to the by reason of clause (i) shall be disregarded in

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0637 Sfmt 6333 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1504 CONGRESSIONAL RECORD — SENATE February 1, 2007 determining any deemed dividend or foreign tax ‘‘(i) constitutes restitution (including remedi- ‘‘(A) 30 days after the date on which a court creditable to the domestic corporation with re- ation of property) for damage or harm caused by order is issued with respect to the suit or the spect to such transfer. or which may be caused by the violation of any date the agreement is entered into, as the case ‘‘(C) REGULATIONS.—The Secretary may pre- law or the potential violation of any law, or may be, or scribe such regulations as may be necessary or ‘‘(ii) is paid to come into compliance with any ‘‘(B) the date specified Secretary. appropriate to carry out this paragraph, includ- law which was violated or involved in the inves- ‘‘(b) STATEMENTS TO BE FURNISHED TO INDI- ing regulations to prevent the avoidance of the tigation or inquiry, and VIDUALS INVOLVED IN THE SETTLEMENT.—Every purposes of this paragraph.’’. ‘‘(B) is identified as restitution or as an person required to make a return under sub- (b) EFFECTIVE DATE.—The amendment made amount paid to come into compliance with the section (a) shall furnish to each person who is by this section shall apply to taxable years be- law, as the case may be, in the court order or a party to the suit or agreement a written state- ginning after December 31, 2006. settlement agreement. ment showing— A taxpayer shall not meet the requirements of ‘‘(1) the name of the government or entity, SEC. 223. DENIAL OF DEDUCTION FOR PUNITIVE subparagraph (A) solely by reason an identifica- DAMAGES. and tion under subparagraph (B). This paragraph (a) DISALLOWANCE OF DEDUCTION.— ‘‘(2) the information supplied to the Secretary shall not apply to any amount paid or incurred (1) IN GENERAL.—Section 162(g) (relating to under subsection (a)(1). as reimbursement to the government or entity treble damage payments under the antitrust The written statement required under the pre- for the costs of any investigation or litigation. ceding sentence shall be furnished to the person laws) is amended— ‘‘(3) EXCEPTION FOR AMOUNTS PAID OR IN- (A) by redesignating paragraphs (1) and (2) as at the same time the government or entity pro- CURRED AS THE RESULT OF CERTAIN COURT OR- vides the Secretary with the information re- subparagraphs (A) and (B), respectively, DERS.—Paragraph (1) shall not apply to any (B) by striking ‘‘If’’ and inserting: quired under subsection (a). amount paid or incurred by order of a court in ‘‘(c) APPROPRIATE OFFICIAL DEFINED.—For ‘‘(1) TREBLE DAMAGES.—If’’, and a suit in which no government or entity de- purposes of this section, the term ‘appropriate (C) by adding at the end the following new scribed in paragraph (4) is a party. paragraph: official’ means the officer or employee having ‘‘(4) CERTAIN NONGOVERNMENTAL REGULATORY control of the suit, investigation, or inquiry or ‘‘(2) PUNITIVE DAMAGES.—No deduction shall ENTITIES.—An entity is described in this para- be allowed under this chapter for any amount the person appropriately designated for pur- graph if it is— poses of this section.’’. paid or incurred for punitive damages in con- ‘‘(A) a nongovernmental entity which exer- (2) CONFORMING AMENDMENT.—The table of nection with any judgment in, or settlement of, cises self-regulatory powers (including imposing any action. This paragraph shall not apply to sections for subpart B of part III of subchapter sanctions) in connection with a qualified board A of chapter 61 is amended by inserting after punitive damages described in section 104(c).’’. or exchange (as defined in section 1256(g)(7)), or the item relating to section 6050V the following (2) CONFORMING AMENDMENT.—The heading ‘‘(B) to the extent provided in regulations, a new item: for section 162(g) is amended by inserting ‘‘OR nongovernmental entity which exercises self-reg- PUNITIVE DAMAGES’’ after ‘‘LAWS’’. ulatory powers (including imposing sanctions) ‘‘Sec. 6050W. Information with respect to cer- (b) INCLUSION IN INCOME OF PUNITIVE DAM- as part of performing an essential governmental tain fines, penalties, and other AGES PAID BY INSURER OR OTHERWISE.— function. amounts.’’. (1) IN GENERAL.—Part II of subchapter B of ‘‘(5) EXCEPTION FOR TAXES DUE.—Paragraph (c) EFFECTIVE DATE.—The amendments made chapter 1 (relating to items specifically included (1) shall not apply to any amount paid or in- by this section shall apply to amounts paid or in gross income) is amended by adding at the curred as taxes due.’’. incurred on or after the date of the enactment end the following new section: (b) REPORTING OF DEDUCTIBLE AMOUNTS.— of this Act, except that such amendments shall (1) IN GENERAL.—Subpart B of part III of sub- not apply to amounts paid or incurred under ‘‘SEC. 91. PUNITIVE DAMAGES COMPENSATED BY INSURANCE OR OTHERWISE. chapter A of chapter 61 is amended by inserting any binding order or agreement entered into be- ‘‘Gross income shall include any amount paid after section 6050V the following new section: fore such date. Such exception shall not apply to or on behalf of a taxpayer as insurance or ‘‘SEC. 6050W. INFORMATION WITH RESPECT TO to an order or agreement requiring court ap- otherwise by reason of the taxpayer’s liability CERTAIN FINES, PENALTIES, AND proval unless the approval was obtained before OTHER AMOUNTS. (or agreement) to pay punitive damages.’’. such date. ‘‘(a) REQUIREMENT OF REPORTING.— SEC. 225. REVISION OF TAX RULES ON EXPATRIA- (2) REPORTING REQUIREMENTS.—Section 6041 ‘‘(1) IN GENERAL.—The appropriate official of (relating to information at source) is amended TION OF INDIVIDUALS. any government or entity which is described in (a) IN GENERAL.—Subpart A of part II of sub- by adding at the end the following new sub- section 162(f)(4) which is involved in a suit or section: chapter N of chapter 1 is amended by inserting agreement described in paragraph (2) shall make after section 877 the following new section: ‘‘(h) SECTION TO APPLY TO PUNITIVE DAM- a return in such form as determined by the Sec- AGES COMPENSATION.—This section shall apply ‘‘SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIA- retary setting forth— TION. to payments by a person to or on behalf of an- ‘‘(A) the amount required to be paid as a re- ‘‘(a) GENERAL RULES.—For purposes of this other person as insurance or otherwise by rea- sult of the suit or agreement to which para- subtitle— son of the other person’s liability (or agreement) graph (1) of section 162(f) applies, ‘‘(1) MARK TO MARKET.—Except as provided in to pay punitive damages.’’. ‘‘(B) any amount required to be paid as a re- subsections (d) and (f), all property of a covered (3) CONFORMING AMENDMENT.—The table of sult of the suit or agreement which constitutes expatriate to whom this section applies shall be sections for part II of subchapter B of chapter restitution or remediation of property, and 1 is amended by adding at the end the following ‘‘(C) any amount required to be paid as a re- treated as sold on the day before the expatria- new item: sult of the suit or agreement for the purpose of tion date for its fair market value. ‘‘(2) RECOGNITION OF GAIN OR LOSS.—In the coming into compliance with any law which was ‘‘Sec. 91. Punitive damages compensated by in- case of any sale under paragraph (1)— violated or involved in the investigation or in- surance or otherwise.’’. ‘‘(A) notwithstanding any other provision of quiry. (c) EFFECTIVE DATE.—The amendments made this title, any gain arising from such sale shall by this section shall apply to damages paid or ‘‘(2) SUIT OR AGREEMENT DESCRIBED.— ‘‘(A) IN GENERAL.—A suit or agreement is de- be taken into account for the taxable year of the incurred on or after the date of the enactment sale, and of this Act. scribed in this paragraph if— ‘‘(i) it is— ‘‘(B) any loss arising from such sale shall be SEC. 224. DENIAL OF DEDUCTION FOR CERTAIN ‘‘(I) a suit with respect to a violation of any taken into account for the taxable year of the FINES, PENALTIES, AND OTHER law over which the government or entity has sale to the extent otherwise provided by this AMOUNTS. authority and with respect to which there has title, except that section 1091 shall not apply to (a) IN GENERAL.—Subsection (f) of section 162 been a court order, or any such loss. (relating to trade or business expenses) is ‘‘(II) an agreement which is entered into with Proper adjustment shall be made in the amount amended to read as follows: respect to a violation of any law over which the of any gain or loss subsequently realized for ‘‘(f) FINES, PENALTIES, AND OTHER government or entity has authority, or with re- gain or loss taken into account under the pre- AMOUNTS.— spect to an investigation or inquiry by the gov- ceding sentence. ‘‘(1) IN GENERAL.—Except as provided in para- ernment or entity into the potential violation of ‘‘(3) EXCLUSION FOR CERTAIN GAIN.— graph (2), no deduction otherwise allowable any law over which such government or entity ‘‘(A) IN GENERAL.—The amount which, but for shall be allowed under this chapter for any has authority, and this paragraph, would be includible in the gross amount paid or incurred (whether by suit, ‘‘(ii) the aggregate amount involved in all income of any individual by reason of this sec- agreement, or otherwise) to, or at the direction court orders and agreements with respect to the tion shall be reduced (but not below zero) by of, a government or entity described in para- violation, investigation, or inquiry is $600 or $600,000. For purposes of this paragraph, allo- graph (4) in relation to the violation of any law more. cable expatriation gain taken into account or the investigation or inquiry by such govern- ‘‘(B) ADJUSTMENT OF REPORTING THRESH- under subsection (f)(2) shall be treated in the ment or entity into the potential violation of OLD.—The Secretary may adjust the $600 same manner as an amount required to be in- any law. amount in subparagraph (A)(ii) as necessary in cludible in gross income. ‘‘(2) EXCEPTION FOR AMOUNTS CONSTITUTING order to ensure the efficient administration of ‘‘(B) COST-OF-LIVING ADJUSTMENT.— RESTITUTION OR PAID TO COME INTO COMPLIANCE the internal revenue laws. ‘‘(i) IN GENERAL.—In the case of an expatria- WITH LAW.—Paragraph (1) shall not apply to ‘‘(3) TIME OF FILING.—The return required tion date occurring in any calendar year after any amount which— under this subsection shall be filed not later 2007, the $600,000 amount under subparagraph ‘‘(A) the taxpayer establishes— than— (A) shall be increased by an amount equal to—

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‘‘(I) such dollar amount, multiplied by ‘‘(ii) the taxpayer otherwise establishes to the ‘‘(C) TREATMENT OF SUBSEQUENT DISTRIBU- ‘‘(II) the cost-of-living adjustment determined satisfaction of the Secretary that the security is TIONS BY PLAN.—For purposes of this title, a re- under section 1(f)(3) for such calendar year, de- adequate. tirement plan to which this paragraph applies, termined by substituting ‘calendar year 2006’ for ‘‘(5) WAIVER OF CERTAIN RIGHTS.—No election and any person acting on the plan’s behalf, ‘calendar year 1992’ in subparagraph (B) there- may be made under paragraph (1) unless the shall treat any subsequent distribution described of. taxpayer consents to the waiver of any right in subparagraph (B) in the same manner as ‘‘(ii) ROUNDING RULES.—If any amount after under any treaty of the United States which such distribution would be treated without re- adjustment under clause (i) is not a multiple of would preclude assessment or collection of any gard to this paragraph. $1,000, such amount shall be rounded to the next tax imposed by reason of this section. ‘‘(D) APPLICABLE PLANS.—This paragraph lower multiple of $1,000. ‘‘(6) ELECTIONS.—An election under para- shall apply to— ‘‘(4) ELECTION TO CONTINUE TO BE TAXED AS graph (1) shall only apply to property described ‘‘(i) any qualified retirement plan (as defined UNITED STATES CITIZEN.— in the election and, once made, is irrevocable. in section 4974(c)), ‘‘(A) IN GENERAL.—If a covered expatriate An election may be made under paragraph (1) ‘‘(ii) an eligible deferred compensation plan elects the application of this paragraph— with respect to an interest in a trust with re- (as defined in section 457(b)) of an eligible em- ‘‘(i) this section (other than this paragraph spect to which gain is required to be recognized ployer described in section 457(e)(1)(A), and ‘‘(iii) to the extent provided in regulations, and subsection (i)) shall not apply to the expa- under subsection (f)(1). any foreign pension plan or similar retirement triate, but ‘‘(7) INTEREST.—For purposes of section 6601— ‘‘(ii) in the case of property to which this sec- ‘‘(A) the last date for the payment of tax shall arrangements or programs. ‘‘(e) DEFINITIONS.—For purposes of this sec- tion would apply but for such election, the ex- be determined without regard to the election tion— patriate shall be subject to tax under this title in under this subsection, and ‘‘(1) EXPATRIATE.—The term ‘expatriate’ the same manner as if the individual were a ‘‘(B) section 6621(a)(2) shall be applied by sub- means— United States citizen. stituting ‘5 percentage points’ for ‘3 percentage ‘‘(A) any United States citizen who relin- ‘‘(B) REQUIREMENTS.—Subparagraph (A) shall points’ in subparagraph (B) thereof. quishes citizenship, and not apply to an individual unless the indi- ‘‘(c) COVERED EXPATRIATE.—For purposes of ‘‘(B) any long-term resident of the United vidual— this section— States who— ‘‘(i) provides security for payment of tax in ‘‘(1) IN GENERAL.—Except as provided in para- ‘‘(i) ceases to be a lawful permanent resident such form and manner, and in such amount, as graph (2), the term ‘covered expatriate’ means of the United States (within the meaning of sec- the Secretary may require, an expatriate. tion 7701(b)(6)), or ‘‘(ii) consents to the waiver of any right of the ‘‘(2) EXCEPTIONS.—An individual shall not be ‘‘(ii) commences to be treated as a resident of individual under any treaty of the United States treated as a covered expatriate if— a foreign country under the provisions of a tax which would preclude assessment or collection ‘‘(A) the individual— treaty between the United States and the for- of any tax which may be imposed by reason of ‘‘(i) became at birth a citizen of the United eign country and who does not waive the bene- this paragraph, and States and a citizen of another country and, as fits of such treaty applicable to residents of the ‘‘(iii) complies with such other requirements as of the expatriation date, continues to be a cit- foreign country. the Secretary may prescribe. izen of, and is taxed as a resident of, such other ‘‘(2) EXPATRIATION DATE.—The term ‘expatria- ‘‘(C) ELECTION.—An election under subpara- country, and tion date’ means— graph (A) shall apply to all property to which ‘‘(ii) has not been a resident of the United ‘‘(A) the date an individual relinquishes this section would apply but for the election States (as defined in section 7701(b)(1)(A)(ii)) United States citizenship, or and, once made, shall be irrevocable. Such elec- during the 5 taxable years ending with the tax- ‘‘(B) in the case of a long-term resident of the tion shall also apply to property the basis of able year during which the expatriation date oc- United States, the date of the event described in which is determined in whole or in part by ref- curs, or clause (i) or (ii) of paragraph (1)(B). erence to the property with respect to which the ‘‘(B)(i) the individual’s relinquishment of ‘‘(3) RELINQUISHMENT OF CITIZENSHIP.—A cit- election was made. United States citizenship occurs before such in- izen shall be treated as relinquishing United ‘‘(b) ELECTION TO DEFER TAX.— dividual attains age 181⁄2, and States citizenship on the earliest of— ‘‘(1) IN GENERAL.—If the taxpayer elects the ‘‘(ii) the individual has been a resident of the ‘‘(A) the date the individual renounces such application of this subsection with respect to United States (as so defined) for not more than individual’s United States nationality before a any property treated as sold by reason of sub- 5 taxable years before the date of relinquish- diplomatic or consular officer of the United section (a), the payment of the additional tax ment. States pursuant to paragraph (5) of section attributable to such property shall be postponed ‘‘(d) EXEMPT PROPERTY; SPECIAL RULES FOR 349(a) of the Immigration and Nationality Act (8 until the due date of the return for the taxable PENSION PLANS.— U.S.C. 1481(a)(5)), year in which such property is disposed of (or, ‘‘(1) EXEMPT PROPERTY.—This section shall ‘‘(B) the date the individual furnishes to the in the case of property disposed of in a trans- not apply to the following: United States Department of State a signed action in which gain is not recognized in whole ‘‘(A) UNITED STATES REAL PROPERTY INTER- statement of voluntary relinquishment of United or in part, until such other date as the Sec- ESTS.—Any United States real property interest States nationality confirming the performance retary may prescribe). (as defined in section 897(c)(1)), other than of an act of expatriation specified in paragraph ‘‘(2) DETERMINATION OF TAX WITH RESPECT TO stock of a United States real property holding (1), (2), (3), or (4) of section 349(a) of the Immi- PROPERTY.—For purposes of paragraph (1), the corporation which does not, on the day before gration and Nationality Act (8 U.S.C. additional tax attributable to any property is an the expatriation date, meet the requirements of 1481(a)(1)–(4)), amount which bears the same ratio to the addi- section 897(c)(2). ‘‘(C) the date the United States Department of tional tax imposed by this chapter for the tax- ‘‘(B) SPECIFIED PROPERTY.—Any property or State issues to the individual a certificate of loss able year solely by reason of subsection (a) as interest in property not described in subpara- of nationality, or the gain taken into account under subsection graph (A) which the Secretary specifies in regu- ‘‘(D) the date a court of the United States (a) with respect to such property bears to the lations. cancels a naturalized citizen’s certificate of nat- total gain taken into account under subsection ‘‘(2) SPECIAL RULES FOR CERTAIN RETIREMENT uralization. Subparagraph (A) or (B) shall not apply to any (a) with respect to all property to which sub- PLANS.— individual unless the renunciation or voluntary section (a) applies. ‘‘(A) IN GENERAL.—If a covered expatriate relinquishment is subsequently approved by the ‘‘(3) TERMINATION OF POSTPONEMENT.—No tax holds on the day before the expatriation date issuance to the individual of a certificate of loss may be postponed under this subsection later any interest in a retirement plan to which this of nationality by the United States Department than the due date for the return of tax imposed paragraph applies— of State. by this chapter for the taxable year which in- ‘‘(i) such interest shall not be treated as sold ‘‘(4) LONG-TERM RESIDENT.—The term ‘long- cludes the date of death of the expatriate (or, if for purposes of subsection (a)(1), but term resident’ has the meaning given to such earlier, the time that the security provided with ‘‘(ii) an amount equal to the present value of the expatriate’s nonforfeitable accrued benefit term by section 877(e)(2). respect to the property fails to meet the require- ‘‘(f) SPECIAL RULES APPLICABLE TO BENE- shall be treated as having been received by such ments of paragraph (4), unless the taxpayer cor- FICIARIES’ INTERESTS IN TRUST.— rects such failure within the time specified by individual on such date as a distribution under ‘‘(1) IN GENERAL.—Except as provided in para- the Secretary). the plan. graph (2), if an individual is determined under ‘‘(4) SECURITY.— ‘‘(B) TREATMENT OF SUBSEQUENT DISTRIBU- paragraph (3) to hold an interest in a trust on ‘‘(A) IN GENERAL.—No election may be made TIONS.—In the case of any distribution on or the day before the expatriation date— under paragraph (1) with respect to any prop- after the expatriation date to or on behalf of the ‘‘(A) the individual shall not be treated as erty unless adequate security is provided to the covered expatriate from a plan from which the having sold such interest, Secretary with respect to such property. expatriate was treated as receiving a distribu- ‘‘(B) such interest shall be treated as a sepa- ‘‘(B) ADEQUATE SECURITY.—For purposes of tion under subparagraph (A), the amount other- rate share in the trust, and subparagraph (A), security with respect to any wise includible in gross income by reason of the ‘‘(C)(i) such separate share shall be treated as property shall be treated as adequate security subsequent distribution shall be reduced by the a separate trust consisting of the assets allo- if— excess of the amount includible in gross income cable to such share, ‘‘(i) it is a bond in an amount equal to the de- under subparagraph (A) over any portion of ‘‘(ii) the separate trust shall be treated as ferred tax amount under paragraph (2) for the such amount to which this subparagraph pre- having sold its assets on the day before the ex- property, or viously applied. patriation date for their fair market value and

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as having distributed all of its assets to the indi- ‘‘(II) any other beneficiary of the trust shall ‘‘(h) IMPOSITION OF TENTATIVE TAX.— vidual as of such time, and be entitled to recover from the distributee the ‘‘(1) IN GENERAL.—If an individual is required ‘‘(iii) the individual shall be treated as having amount of such tax imposed on the other bene- to include any amount in gross income under recontributed the assets to the separate trust. ficiary. subsection (a) for any taxable year, there is Subsection (a)(2) shall apply to any income, ‘‘(F) DISPOSITION.—If a trust ceases to be a hereby imposed, immediately before the expa- gain, or loss of the individual arising from a dis- qualified trust at any time, a covered expatriate triation date, a tax in an amount equal to the tribution described in subparagraph (C)(ii). In disposes of an interest in a qualified trust, or a amount of tax which would be imposed if the determining the amount of such distribution, covered expatriate holding an interest in a taxable year were a short taxable year ending proper adjustments shall be made for liabilities qualified trust dies, then, in lieu of the tax im- on the expatriation date. of the trust allocable to an individual’s share in posed by subparagraph (A)(ii), there is hereby ‘‘(2) DUE DATE.—The due date for any tax im- the trust. imposed a tax equal to the lesser of— posed by paragraph (1) shall be the 90th day ‘‘(2) SPECIAL RULES FOR INTERESTS IN QUALI- ‘‘(i) the tax determined under paragraph (1) after the expatriation date. FIED TRUSTS.— as if the day before the expatriation date were ‘‘(3) TREATMENT OF TAX.—Any tax paid under ‘‘(A) IN GENERAL.—If the trust interest de- the date of such cessation, disposition, or death, paragraph (1) shall be treated as a payment of scribed in paragraph (1) is an interest in a whichever is applicable, or the tax imposed by this chapter for the taxable qualified trust— ‘‘(ii) the balance in the tax deferred account year to which subsection (a) applies. ‘‘(4) DEFERRAL OF TAX.—The provisions of ‘‘(i) paragraph (1) and subsection (a) shall not immediately before such date. apply, and Such tax shall be imposed on the trust and each subsection (b) shall apply to the tax imposed by ‘‘(ii) in addition to any other tax imposed by trustee shall be personally liable for the amount this subsection to the extent attributable to gain includible in gross income by reason of this sec- this title, there is hereby imposed on each dis- of such tax and any other beneficiary of the tion. tribution with respect to such interest a tax in trust shall be entitled to recover from the cov- ‘‘(i) SPECIAL LIENS FOR DEFERRED TAX the amount determined under subparagraph ered expatriate or the estate the amount of such AMOUNTS.— (B). tax imposed on the other beneficiary. ‘‘(B) AMOUNT OF TAX.—The amount of tax ‘‘(1) IMPOSITION OF LIEN.— ‘‘(G) DEFINITIONS AND SPECIAL RULES.—For ‘‘(A) IN GENERAL.—If a covered expatriate under subparagraph (A)(ii) shall be equal to the purposes of this paragraph— lesser of— makes an election under subsection (a)(4) or (b) ‘‘(i) QUALIFIED TRUST.—The term ‘qualified ‘‘(i) the highest rate of tax imposed by section which results in the deferral of any tax imposed trust’ means a trust which is described in sec- 1(e) for the taxable year which includes the day by reason of subsection (a), the deferred amount tion 7701(a)(30)(E). before the expatriation date, multiplied by the (including any interest, additional amount, ad- ‘‘(ii) VESTED INTEREST.—The term ‘vested in- dition to tax, assessable penalty, and costs at- amount of the distribution, or terest’ means any interest which, as of the day ‘‘(ii) the balance in the deferred tax account tributable to the deferred amount) shall be a before the expatriation date, is vested in the immediately before the distribution determined lien in favor of the United States on all property beneficiary. without regard to any increases under subpara- of the expatriate located in the United States ‘‘(iii) NONVESTED INTEREST.—The term ‘non- graph (C)(ii) after the 30th day preceding the (without regard to whether this section applies vested interest’ means, with respect to any bene- distribution. to the property). ficiary, any interest in a trust which is not a ‘‘(C) DEFERRED TAX ACCOUNT.—For purposes ‘‘(B) DEFERRED AMOUNT.—For purposes of of subparagraph (B)(ii)— vested interest. Such interest shall be deter- this subsection, the deferred amount is the ‘‘(i) OPENING BALANCE.—The opening balance mined by assuming the maximum exercise of dis- amount of the increase in the covered expatri- in a deferred tax account with respect to any cretion in favor of the beneficiary and the oc- ate’s income tax which, but for the election trust interest is an amount equal to the tax currence of all contingencies in favor of the ben- under subsection (a)(4) or (b), would have oc- which would have been imposed on the allocable eficiary. curred by reason of this section for the taxable expatriation gain with respect to the trust inter- ‘‘(iv) ADJUSTMENTS.—The Secretary may pro- year including the expatriation date. est if such gain had been included in gross in- vide for such adjustments to the bases of assets ‘‘(2) PERIOD OF LIEN.—The lien imposed by come under subsection (a). in a trust or a deferred tax account, and the this subsection shall arise on the expatriation ‘‘(ii) INCREASE FOR INTEREST.—The balance in timing of such adjustments, in order to ensure date and continue until— the deferred tax account shall be increased by that gain is taxed only once. ‘‘(A) the liability for tax by reason of this sec- the amount of interest determined (on the bal- ‘‘(v) COORDINATION WITH RETIREMENT PLAN tion is satisfied or has become unenforceable by ance in the account at the time the interest ac- RULES.—This subsection shall not apply to an reason of lapse of time, or ‘‘(B) it is established to the satisfaction of the crues), for periods after the 90th day after the interest in a trust which is part of a retirement Secretary that no further tax liability may arise expatriation date, by using the rates and meth- plan to which subsection (d)(2) applies. by reason of this section. od applicable under section 6621 for underpay- ‘‘(3) DETERMINATION OF BENEFICIARIES’ INTER- EST IN TRUST.— ‘‘(3) CERTAIN RULES APPLY.—The rules set ments of tax for such periods, except that sec- forth in paragraphs (1), (3), and (4) of section tion 6621(a)(2) shall be applied by substituting ‘5 ‘‘(A) DETERMINATIONS UNDER PARAGRAPH (1).—For purposes of paragraph (1), a bene- 6324A(d) shall apply with respect to the lien im- percentage points’ for ‘3 percentage points’ in posed by this subsection as if it were a lien im- subparagraph (B) thereof. ficiary’s interest in a trust shall be based upon all relevant facts and circumstances, including posed by section 6324A. ‘‘(iii) DECREASE FOR TAXES PREVIOUSLY ‘‘(j) REGULATIONS.—The Secretary shall pre- PAID.—The balance in the tax deferred account the terms of the trust instrument and any letter of wishes or similar document, historical pat- scribe such regulations as may be necessary or shall be reduced— appropriate to carry out the purposes of this ‘‘(I) by the amount of taxes imposed by sub- terns of trust distributions, and the existence of and functions performed by a trust protector or section.’’. paragraph (A) on any distribution to the person (b) INCLUSION IN INCOME OF GIFTS AND BE- any similar adviser. holding the trust interest, and QUESTS RECEIVED BY UNITED STATES CITIZENS ‘‘(B) OTHER DETERMINATIONS.—For purposes ‘‘(II) in the case of a person holding a non- AND RESIDENTS FROM EXPATRIATES.—Section of this section— vested interest, to the extent provided in regula- 102 (relating to gifts, etc. not included in gross ‘‘(i) CONSTRUCTIVE OWNERSHIP.—If a bene- tions, by the amount of taxes imposed by sub- income) is amended by adding at the end the ficiary of a trust is a corporation, partnership, paragraph (A) on distributions from the trust following new subsection: trust, or estate, the shareholders, partners, or with respect to nonvested interests not held by ‘‘(d) GIFTS AND INHERITANCES FROM COVERED such person. beneficiaries shall be deemed to be the trust EXPATRIATES.— ‘‘(D) ALLOCABLE EXPATRIATION GAIN.—For beneficiaries for purposes of this section. ‘‘(1) TREATMENT OF GIFTS AND INHERIT- purposes of this paragraph, the allocable expa- ‘‘(ii) TAXPAYER RETURN POSITION.—A tax- ANCES.— triation gain with respect to any beneficiary’s payer shall clearly indicate on its income tax re- ‘‘(A) IN GENERAL.—Subsection (a) shall not ex- interest in a trust is the amount of gain which turn— clude from gross income the value of any prop- would be allocable to such beneficiary’s vested ‘‘(I) the methodology used to determine that erty acquired by gift, bequest, devise, or inherit- and nonvested interests in the trust if the bene- taxpayer’s trust interest under this section, and ance from a covered expatriate after the expa- ficiary held directly all assets allocable to such ‘‘(II) if the taxpayer knows (or has reason to triation date. interests. know) that any other beneficiary of such trust ‘‘(B) DETERMINATION OF BASIS.—Notwith- ‘‘(E) TAX DEDUCTED AND WITHHELD.— is using a different methodology to determine standing sections 1015 or 1022, the basis of any ‘‘(i) IN GENERAL.—The tax imposed by sub- such beneficiary’s trust interest under this sec- property described in subparagraph (A) in the paragraph (A)(ii) shall be deducted and with- tion. hands of the donee or the person acquiring such held by the trustees from the distribution to ‘‘(g) TERMINATION OF DEFERRALS, ETC.—In property from the decedent shall be equal to the which it relates. the case of any covered expatriate, notwith- fair market value of the property at the time of ‘‘(ii) EXCEPTION WHERE FAILURE TO WAIVE standing any other provision of this title— the gift, bequest, devise, or inheritance. TREATY RIGHTS.—If an amount may not be de- ‘‘(1) any period during which recognition of ‘‘(2) EXCEPTIONS FOR TRANSFERS OTHERWISE ducted and withheld under clause (i) by reason income or gain is deferred shall terminate on the SUBJECT TO ESTATE OR GIFT TAX.—Paragraph (1) of the distributee failing to waive any treaty day before the expatriation date, and shall not apply to any property if either— right with respect to such distribution— ‘‘(2) any extension of time for payment of tax ‘‘(A) the gift, bequest, devise, or inheritance ‘‘(I) the tax imposed by subparagraph (A)(ii) shall cease to apply on the day before the expa- is— shall be imposed on the trust and each trustee triation date and the unpaid portion of such tax ‘‘(i) shown on a timely filed return of tax im- shall be personally liable for the amount of such shall be due and payable at the time and in the posed by chapter 12 as a taxable gift by the cov- tax, and manner prescribed by the Secretary. ered expatriate, or

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YEAR.—If, before the beginning of the computa- triate, or (f) CLERICAL AMENDMENT.—The table of sec- tion year, an election described in paragraph ‘‘(B) no such return was timely filed but no tions for subpart A of part II of subchapter N of (4)(B) is made by the participant to have com- such return would have been required to be filed chapter 1 is amended by inserting after the item pensation for services performed in the computa- even if the covered expatriate were a citizen or relating to section 877 the following new item: tion year deferred under a nonqualified deferred long-term resident of the United States. ‘‘Sec. 877A. Tax responsibilities of expatria- compensation plan, the base period shall be the ‘‘(3) DEFINITIONS.—For purposes of this sub- tion.’’. 5-taxable year period ending with the taxable section, any term used in this subsection which (g) EFFECTIVE DATE.— year preceding the taxable year in which the is also used in section 877A shall have the same (1) IN GENERAL.—Except as provided in this election is made. meaning as when used in section 877A.’’. subsection, the amendments made by this sec- ‘‘(III) COMPUTATION YEAR.—For purposes of (c) DEFINITION OF TERMINATION OF UNITED tion shall apply to expatriates (within the this clause, the term ‘computation year’ means STATES CITIZENSHIP.—Section 7701(a) is amend- meaning of section 877A(e) of the Internal Rev- any taxable year of the participant for which ed by adding at the end the following new para- enue Code of 1986, as added by this section) the limitation under subparagraph (A) is being graph: whose expatriation date (as so defined) occurs determined. ‘‘(50) TERMINATION OF UNITED STATES CITIZEN- on or after the date of the enactment of this Act. ‘‘(IV) SPECIAL RULE FOR EMPLOYEES OF LESS SHIP.— (2) GIFTS AND BEQUESTS.—Section 102(d) of the THAN 5 YEARS.—If a participant did not perform ‘‘(A) IN GENERAL.—An individual shall not Internal Revenue Code of 1986 (as added by sub- services for the employer maintaining the non- cease to be treated as a United States citizen be- section (b)) shall apply to gifts and bequests re- qualified deferred compensation plan (or any fore the date on which the individual’s citizen- ceived on or after the date of the enactment of predecessor of the employer) during the entire 5- ship is treated as relinquished under section this Act, from an individual or the estate of an taxable year period referred to in subparagraph 877A(e)(3). individual whose expatriation date (as so de- (A) or (B), only the portion of such period dur- ‘‘(B) DUAL CITIZENS.—Under regulations pre- fined) occurs after such date. ing which the participant performed such serv- scribed by the Secretary, subparagraph (A) shall (3) DUE DATE FOR TENTATIVE TAX.—The due ices shall be taken into account.’’. not apply to an individual who became at birth date under section 877A(h)(2) of the Internal (b) EFFECTIVE DATE.— a citizen of the United States and a citizen of Revenue Code of 1986, as added by this section, (1) IN GENERAL.—The amendments made by another country.’’. shall in no event occur before the 90th day after this section shall apply to taxable years begin- (d) INELIGIBILITY FOR VISA OR ADMISSION TO the date of the enactment of this Act. ning after December 31, 2006, except that— UNITED STATES.— SEC. 226. LIMITATION ON ANNUAL AMOUNTS (A) the amendments shall only apply to (1) IN GENERAL.—Section 212(a)(10)(E) of the WHICH MAY BE DEFERRED UNDER amounts deferred after December 31, 2006 (and Immigration and Nationality Act (8 U.S.C. NONQUALIFIED DEFERRED COM- to earnings on such amounts), and 1182(a)(10)(E)) is amended to read as follows: PENSATION ARRANGEMENTS. (B) taxable years beginning on or before De- ‘‘(E) FORMER CITIZENS NOT IN COMPLIANCE (a) IN GENERAL.—Section 409A(a) of the Inter- cember 31, 2006, shall be taken into account in WITH EXPATRIATION REVENUE PROVISIONS.—Any nal Revenue Code of 1986 (relating to inclusion determining the average annual compensation alien who is a former citizen of the United of gross income under nonqualified deferred of a participant during any base period for pur- States who relinquishes United States citizen- compensation plans) is amended— poses of section 409A(a)(5)(D) of the Internal ship (within the meaning of section 877A(e)(3) of (1) by striking ‘‘and (4)’’ in subclause (I) of Revenue Code of 1986 (as added by such amend- the Internal Revenue Code of 1986) and who is paragraph (1)(A)(i) and inserting ‘‘(4), and (5)’’, ments). not in compliance with section 877A of such and (2) GUIDANCE RELATING TO CERTAIN EXISTING (2) by adding at the end the following new Code (relating to expatriation) is inadmissible.’’. ARRANGEMENTS.—Not later than 60 days after paragraph: (2) AVAILABILITY OF INFORMATION.— the date of the enactment of this Act, the Sec- ‘‘(5) ANNUAL LIMITATION ON AGGREGATE DE- (A) IN GENERAL.—Section 6103(l) (relating to retary of the Treasury shall issue guidance pro- FERRED AMOUNTS.— disclosure of returns and return information for viding a limited period during which a non- ‘‘(A) LIMITATION.—The requirements of this purposes other than tax administration) is paragraph are met if the plan provides that the qualified deferred compensation plan adopted amended by adding at the end the following aggregate amount of compensation which is de- before December 31, 2006, may, without violating new paragraph: ferred for any taxable year with respect to a the requirements of section 409A(a) of such ‘‘(21) DISCLOSURE TO DENY VISA OR ADMISSION participant under the plan may not exceed the Code, be amended— TO CERTAIN EXPATRIATES.—Upon written request (A) to provide that a participant may, no later applicable dollar amount for the taxable year. of the Attorney General or the Attorney Gen- than December 31, 2007, cancel or modify an ‘‘(B) INCLUSION OF FUTURE EARNINGS.—If an eral’s delegate, the Secretary shall disclose amount is includible under paragraph (1) in the outstanding deferral election with regard to all whether an individual is in compliance with sec- gross income of a participant for any taxable or a portion of amounts deferred after December tion 877A (and if not in compliance, any items year by reason of any failure to meet the re- 31, 2006, to the extent necessary for the plan to of noncompliance) to officers and employees of quirements of this paragraph, any income meet the requirements of section 409A(a)(5) of the Federal agency responsible for administering (whether actual or notional) for any subsequent such Code (as added by the amendments made section 212(a)(10)(E) of the Immigration and Na- taxable year shall be included in gross income by this section), but only if amounts subject to tionality Act solely for the purpose of, and to under paragraph (1)(A) in such subsequent tax- the cancellation or modification are, to the ex- the extent necessary in, administering such sec- able year to the extent such income— tent not previously included in gross income, in- tion 212(a)(10)(E).’’. ‘‘(i) is attributable to compensation (or income cludible in income of the participant when no (B) SAFEGUARDS.—Section 6103(p)(4) (relating attributable to such compensation) required to longer subject to substantial risk of forfeiture, to safeguards) is amended by striking ‘‘or (20)’’ be included in gross income by reason of such and each place it appears and inserting ‘‘(20), or failure (including by reason of this subpara- (B) to conform to the requirements of section (21)’’. graph), and 409A(a)(5) of such Code (as added by the (3) EFFECTIVE DATES.—The amendments made ‘‘(ii) is not subject to a substantial risk of for- amendments made by this section) with regard by this subsection shall apply to individuals feiture and has not been previously included in to amounts deferred after December 31, 2006. who relinquish United States citizenship on or gross income. SEC. 227. INCREASE IN CRIMINAL MONETARY after the date of the enactment of this Act. ‘‘(C) AGGREGATION RULE.—For purposes of PENALTY LIMITATION FOR THE UN- (e) CONFORMING AMENDMENTS.— this paragraph, all nonqualified deferred com- DERPAYMENT OR OVERPAYMENT OF (1) Section 877 is amended by adding at the pensation plans maintained by all employers TAX DUE TO FRAUD. end the following new subsection: treated as a single employer under subsection (a) IN GENERAL.—Section 7206 (relating to ‘‘(h) APPLICATION.—This section shall not (d)(6) shall be treated as 1 plan. fraud and false statements) is amended— apply to an expatriate (as defined in section ‘‘(D) APPLICABLE DOLLAR AMOUNT.—For pur- (1) by striking ‘‘Any person who—’’ and in- 877A(e)) whose expatriation date (as so defined) poses of this paragraph— serting ‘‘(a) IN GENERAL.—’’, and occurs on or after the date of the enactment of ‘‘(i) IN GENERAL.—The term ‘applicable dollar (2) by adding at the end the following new this subsection.’’. amount’ means, with respect to any participant, subsection: (2) Section 2107 is amended by adding at the the lesser of— ‘‘(b) INCREASE IN MONETARY LIMITATION FOR end the following new subsection: ‘‘(I) the average annual compensation which UNDERPAYMENT OR OVERPAYMENT OF TAX DUE ‘‘(f) APPLICATION.—This section shall not was payable during the base period to the par- TO FRAUD.—If any portion of any under- apply to any expatriate subject to section ticipant by the employer maintaining the non- payment (as defined in section 6664(a)) or over- 877A.’’. qualified deferred compensation plan (or any payment (as defined in section 6401(a)) of tax (3) Section 2501(a)(3) is amended by adding at predecessor of the employer) and which was in- required to be shown on a return is attributable the end the following new subparagraph: cludible in the participant’s gross income for to fraudulent action described in subsection (a), ‘‘(C) APPLICATION.—This paragraph shall not taxable years in the base period, or the applicable dollar amount under subsection apply to any expatriate subject to section ‘‘(II) $1,000,000. (a) shall in no event be less than an amount 877A.’’. ‘‘(ii) BASE PERIOD.— equal to such portion. A rule similar to the rule (4) Section 6039G(a) is amended by inserting ‘‘(I) IN GENERAL.—The term ‘base period’ under section 6663(b) shall apply for purposes of ‘‘or 877A’’ after ‘‘section 877(b)’’. means, with respect to any computation year, determining the portion so attributable.’’.

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(b) INCREASE IN PENALTIES.— Initiative established by the Department of the ‘‘For the treatment of contingent payment (1) ATTEMPT TO EVADE OR DEFEAT TAX.—Sec- Treasury under Revenue Procedure 2003–11 nor convertible debt, see section 1275(d)(2).’’. tion 7201 is amended— voluntarily disclosed its participation in such (c) EFFECTIVE DATE.—The amendments made (A) by striking ‘‘$100,000’’ and inserting arrangement by notifying the Internal Revenue by this section shall apply to debt instruments ‘‘$500,000’’, Service of such arrangement prior to the issue issued on or after the date of the enactment of (B) by striking ‘‘$500,000’’ and inserting being raised by the Internal Revenue Service this Act. ‘‘$1,000,000’’, and during an examination. SEC. 231. EXTENSION OF IRS USER FEES. (C) by striking ‘‘5 years’’ and inserting ‘‘10 (B) AUTHORITY TO WAIVE.—The Secretary of Subsection (c) of section 7528 (relating to In- years’’. the Treasury or the Secretary’s delegate may ternal Revenue Service user fees) is amended by (2) WILLFUL FAILURE TO FILE RETURN, SUPPLY waive the application of paragraph (1) to any striking ‘‘September 30, 2014’’ and inserting INFORMATION, OR PAY TAX.—Section 7203 is taxpayer if the Secretary or the Secretary’s dele- ‘‘September 30, 2016’’. amended— gate determines that the use of such offshore SEC. 232. MODIFICATION OF COLLECTION DUE (A) in the first sentence— payment mechanisms is incidental to the trans- (i) by striking ‘‘Any person’’ and inserting the PROCESS PROCEDURES FOR EM- action and, in addition, in the case of a trade or PLOYMENT TAX LIABILITIES. following: business, such use is conducted in the ordinary (a) IN GENERAL.—Section 6330(f) (relating to ‘‘(a) IN GENERAL.—Any person’’, and course of the type of trade or business of the (ii) by striking ‘‘$25,000’’ and inserting jeopardy and State refund collection) is amend- taxpayer. ‘‘$50,000’’, ed— (C) ISSUES RAISED.—For purposes of subpara- (B) in the third sentence, by striking ‘‘sec- (1) by striking ‘‘; or’’ at the end of paragraph graph (A)(ii), an item shall be treated as an tion’’ and inserting ‘‘subsection’’, and (1) and inserting a comma, issue raised during an examination if the indi- (C) by adding at the end the following new (2) by adding ‘‘or’’ at the end of paragraph vidual examining the return— subsection: (2), and (i) communicates to the taxpayer knowledge ‘‘(b) AGGRAVATED FAILURE TO FILE.— (3) by inserting after paragraph (2) the fol- ‘‘(1) IN GENERAL.—In the case of any failure about the specific item, or lowing new paragraph: described in paragraph (2), the first sentence of (ii) has made a request to the taxpayer for in- ‘‘(3) the Secretary has served a levy in connec- subsection (a) shall be applied by substituting— formation and the taxpayer could not make a tion with the collection of taxes under chapter ‘‘(A) ‘felony’ for ‘misdemeanor’, complete response to that request without giving 21, 22, 23, or 24,’’. ‘‘(B) ‘$500,000 ($1,000,000’ for ‘$25,000 the examiner knowledge of the specific item. (b) EFFECTIVE DATE.—The amendments made ($100,000’, and (b) APPLICABLE PENALTY.—For purposes of by this section shall apply to levies issued on or ‘‘(C) ‘10 years’ for ‘1 year’.’’. this section, the term ‘‘applicable penalty’’ after the date that is 120 days after the date of ‘‘(2) FAILURE DESCRIBED.—A failure described means any penalty, addition to tax, or fine im- the enactment of this Act. in this paragraph is a failure to make a return posed under chapter 68 of the Internal Revenue SEC. 233. MODIFICATIONS TO WHISTLEBLOWER described in subsection (a) for a period of 3 or Code of 1986. REFORMS. more consecutive taxable years if the aggregate (c) EFFECTIVE DATE.—The provisions of this (a) MODIFICATION OF TAX THRESHOLD FOR tax liability for such period is not less than section shall apply to interest, penalties, addi- AWARDS.—Subparagraph (B) of section $100,000.’’. tions to tax, and fines with respect to any tax- 7623(b)(5), as added by the Tax Relief and (3) FRAUD AND FALSE STATEMENTS.—Section able year if, as of the date of the enactment of Health Care Act of 2006, is amended by striking 7206(a) (as redesignated by subsection (a)) is this Act, the assessment of any tax, penalty, or ‘‘$2,000,000’’ and inserting ‘‘$20,000’’. amended— interest with respect to such taxable year is not (b) WHISTLEBLOWER OFFICE.— (A) by striking ‘‘$100,000’’ and inserting prevented by the operation of any law or rule of (1) IN GENERAL.—Section 7623 is amended by ‘‘$500,000’’, law. adding at the end the following new sub- (B) by striking ‘‘$500,000’’ and inserting SEC. 229. INCREASE IN PENALTY FOR BAD sections: ‘‘$1,000,000’’, and CHECKS AND MONEY ORDERS. ‘‘(c) WHISTLEBLOWER OFFICE.— (C) by striking ‘‘3 years’’ and inserting ‘‘5 (a) IN GENERAL.—Section 6657 (relating to bad ‘‘(1) IN GENERAL.—There is established in the years’’. checks) is amended— Internal Revenue Service an office to be known (c) EFFECTIVE DATE.—The amendments made (1) by striking ‘‘$750’’ and inserting ‘‘$1,250’’, as the ‘Whistleblower Office’ which— by this section shall apply to actions, and fail- and ‘‘(A) shall at all times operate at the direction ures to act, occurring after the date of the en- (2) by striking ‘‘$15’’ and inserting ‘‘$25’’. of the Commissioner and coordinate and consult actment of this Act. (b) EFFECTIVE DATE.—The amendments made with other divisions in the Internal Revenue SEC. 228. DOUBLING OF CERTAIN PENALTIES, by this section apply to checks or money orders Service as directed by the Commissioner, FINES, AND INTEREST ON UNDER- received after the date of the enactment of this ‘‘(B) shall analyze information received from PAYMENTS RELATED TO CERTAIN Act. any individual described in subsection (b) and OFFSHORE FINANCIAL ARRANGE- MENTS. SEC. 230. TREATMENT OF CONTINGENT PAYMENT either investigate the matter itself or assign it to CONVERTIBLE DEBT INSTRUMENTS. (a) DETERMINATION OF PENALTY.— the appropriate Internal Revenue Service office, (1) IN GENERAL.—Notwithstanding any other (a) IN GENERAL.—Section 1275(d) (relating to ‘‘(C) shall monitor any action taken with re- provision of law, in the case of an applicable regulation authority) is amended— spect to such matter, taxpayer— (1) by striking ‘‘The Secretary’’ and inserting ‘‘(D) shall inform such individual that it has (A) the determination as to whether any inter- the following: accepted the individual’s information for fur- est or applicable penalty is to be imposed with ‘‘(1) IN GENERAL.—The Secretary’’, and ther review, respect to any arrangement described in para- (2) by adding at the end the following new ‘‘(E) may require such individual and any graph (2), or to any underpayment of Federal paragraph: legal representative of such individual to not income tax attributable to items arising in con- ‘‘(2) TREATMENT OF CONTINGENT PAYMENT disclose any information so provided, nection with any such arrangement, shall be CONVERTIBLE DEBT.— ‘‘(F) in its sole discretion, may ask for addi- made without regard to the rules of subsections ‘‘(A) IN GENERAL.—In the case of a debt in- tional assistance from such individual or any (b), (c), and (d) of section 6664 of the Internal strument which— legal representative of such individual, and Revenue Code of 1986, and ‘‘(i) is convertible into stock of the issuing cor- ‘‘(G) shall determine the amount to be award- (B) if any such interest or applicable penalty poration, into stock or debt of a related party ed to such individual under subsection (b). is imposed, the amount of such interest or pen- (within the meaning of section 267(b) or ‘‘(2) FUNDING FOR OFFICE.—There is author- alty shall be equal to twice that determined 707(b)(1)), or into cash or other property in an ized to be appropriated $10,000,000 for each fis- without regard to this section. amount equal to the approximate value of such cal year for the Whistleblower Office. These (2) APPLICABLE TAXPAYER.—For purposes of stock or debt, and funds shall be used to maintain the Whistle- this subsection— ‘‘(ii) provides for contingent payments, blower Office and also to reimburse other Inter- (A) IN GENERAL.—The term ‘‘applicable tax- any regulations which require original issue dis- nal Revenue Service offices for related costs, payer’’ means a taxpayer which— count to be determined by reference to the com- such as costs of investigation and collection. (i) has underreported its United States income parable yield of a noncontingent fixed-rate debt ‘‘(3) REQUEST FOR ASSISTANCE.— tax liability with respect to any item which di- instrument shall be applied as if the regulations ‘‘(A) IN GENERAL.—Any assistance requested rectly or indirectly involves— require that such comparable yield be deter- under paragraph (1)(F) shall be under the direc- (I) any financial arrangement which in any mined by reference to a noncontingent fixed- tion and control of the Whistleblower Office or manner relies on the use of offshore payment rate debt instrument which is convertible into the office assigned to investigate the matter mechanisms (including credit, debit, or charge stock. under subparagraph (A). No individual or legal cards) issued by banks or other entities in for- ‘‘(B) SPECIAL RULE.—For purposes of subpara- representative whose assistance is so requested eign jurisdictions, or graph (A), the comparable yield shall be deter- may by reason of such request represent himself (II) any offshore financial arrangement (in- mined without taking into account the yield re- or herself as an employee of the Federal Govern- cluding any arrangement with foreign banks, fi- sulting from the conversion of a debt instrument ment. nancial institutions, corporations, partnerships, into stock.’’. ‘‘(B) FUNDING OF ASSISTANCE.—From the trusts, or other entities), and (b) CROSS REFERENCE.—Section 163(e)(6) (re- amounts available for expenditure under sub- (ii) has neither signed a closing agreement lating to cross references) is amended by adding section (b), the Whistleblower Office may, with pursuant to the Voluntary Offshore Compliance at the end the following: the agreement of the individual described in

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0637 Sfmt 6333 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1509 subsection (b), reimburse the costs incurred by Subtitle C—General Provisions as the ‘‘Secretary’’) shall establish a program to any legal representative of such individual in SEC. 241. ENHANCED COMPLIANCE ASSISTANCE award grants to States, on a competitive basis, providing assistance described in subparagraph FOR SMALL BUSINESSES. to assist States in providing funds to encourage (A). (a) IN GENERAL.—Section 212 of the Small the establishment and operation of employer-op- ‘‘(d) REPORTS.—The Secretary shall each year Business Regulatory Enforcement Fairness Act erated child care programs. conduct a study and report to Congress on the of 1996 (5 U.S.C. 601 note) is amended by strik- (b) APPLICATION.—To be eligible to receive a use of this section, including— ing subsection (a) and inserting the following: grant under this section, a State shall prepare ‘‘(1) an analysis of the use of this section dur- ‘‘(a) COMPLIANCE GUIDE.— and submit to the Secretary an application at ing the preceding year and the results of such ‘‘(1) IN GENERAL.—For each rule or group of such time, in such manner, and containing such use, and related rules for which an agency is required to information as the Secretary may require, in- ‘‘(2) any legislative or administrative rec- prepare a final regulatory flexibility analysis cluding an assurance that the funds required ommendations regarding the provisions of this under section 605(b) of title 5, United States under subsection (e) will be provided. section and its application.’’. Code, the agency shall publish 1 or more guides (c) AMOUNT AND PERIOD OF GRANT.—The Sec- (2) CONFORMING AMENDMENT.—Section 406 of to assist small entities in complying with the retary shall determine the amount of a grant to division A of the Tax Relief and Health Care rule and shall entitle such publications ‘small a State under this section based on the popu- Act of 2006 is amended by striking subsections entity compliance guides’. lation of the State as compared to the popu- ‘‘(2) PUBLICATION OF GUIDES.—The publica- (b) and (c). lation of all States receiving grants under this tion of each guide under this subsection shall (3) REPORT ON IMPLEMENTATION.—Not later section. The Secretary shall make the grant for include— a period of 3 years. than 6 months after the date of the enactment ‘‘(A) the posting of the guide in an easily (d) USE OF FUNDS.— of this Act, the Secretary of the Treasury shall identified location on the website of the agency; submit to Congress a report on the establishment (1) IN GENERAL.—A State shall use amounts and provided under a grant awarded under this sec- and operation of the Whistleblower Office under ‘‘(B) distribution of the guide to known indus- tion to provide assistance to small businesses (or section 7623(c) of the Internal Revenue Code of try contacts, such as small entities, associations, consortia formed in accordance with paragraph 1986. or industry leaders affected by the rule. (3)) located in the State to enable the small busi- (c) PUBLICITY OF AWARD APPEALS.—Para- ‘‘(3) PUBLICATION DATE.—An agency shall graph (4) of section 7623(b), as added by the Tax publish each guide (including the posting and nesses (or consortia) to establish and operate Relief and Health Care Act of 2006, is amended distribution of the guide as described under child care programs. Such assistance may in- to read as follows: paragraph (2))— clude— ‘‘(4) APPEAL OF AWARD DETERMINATION.— ‘‘(A) on the same date as the date of publica- (A) technical assistance in the establishment of a child care program; ‘‘(A) IN GENERAL.—Any determination regard- tion of the final rule (or as soon as possible after ing an award under paragraph (1), (2), or (3) that date); and (B) assistance for the startup costs related to may, within 30 days of such determination, be ‘‘(B) not later than the date on which the re- a child care program; (C) assistance for the training of child care appealed to the Tax Court (and the Tax Court quirements of that rule become effective. providers; shall have jurisdiction with respect to such mat- ‘‘(4) COMPLIANCE ACTIONS.— ‘‘(A) IN GENERAL.—Each guide shall explain (D) scholarships for low-income wage earners; ter). the actions a small entity is required to take to (E) the provision of services to care for sick ‘‘(B) PUBLICITY OF APPEALS.—Notwith- comply with a rule. children or to provide care to school-aged chil- standing sections 7458 and 7461, the Tax Court ‘‘(B) EXPLANATION.—The explanation under dren; may, in order to preserve the anonymity, pri- subparagraph (A)— (F) the entering into of contracts with local vacy, or confidentiality of any person under ‘‘(i) shall include a description of actions resource and referral organizations or local this subsection, provide by rules adopted under needed to meet the requirements of a rule, to en- health departments; section 7453 that portions of filings, hearings, able a small entity to know when such require- (G) assistance for care for children with dis- testimony, evidence, and reports in connection ments are met; and abilities; with proceedings under this subsection may be ‘‘(ii) if determined appropriate by the agency, (H) payment of expenses for renovation or op- closed to the public or to inspection by the pub- may include a description of possible proce- eration of a child care facility; or lic.’’. dures, such as conducting tests, that may assist (I) assistance for any other activity deter- (d) EFFECTIVE DATE.— a small entity in meeting such requirements, ex- mined appropriate by the State. (1) IN GENERAL.—Except as provided in para- cept that, compliance with any procedures de- (2) APPLICATION.—In order for a small busi- graph (2), the amendments made by this section scribed pursuant to this section does not estab- ness or consortium to be eligible to receive assist- shall apply to information provided on or after lish compliance with the rule, or establish a pre- ance from a State under this section, the small the date of the enactment of this Act. sumption or inference of such compliance. business involved shall prepare and submit to (2) PUBLICITY OF AWARD APPEALS.—The ‘‘(C) PROCEDURES.—Procedures described the State an application at such time, in such amendment made by subsection (c) shall take ef- under subparagraph (B)(ii)— manner, and containing such information as the fect as if included in the amendments made by ‘‘(i) shall be suggestions to assist small enti- State may require. section 406 of the Tax Relief and Health Care ties; and (3) PREFERENCE.— ‘‘(ii) shall not be additional requirements, or Act of 2006. (A) IN GENERAL.—In providing assistance diminish requirements, relating to the rule. SEC. 234. MODIFICATIONS OF DEFINITION OF EM- under this section, a State shall give priority to ‘‘(5) AGENCY PREPARATION OF GUIDES.—The PLOYEES COVERED BY DENIAL OF an applicant that desires to form a consortium DEDUCTION FOR EXCESSIVE EM- agency shall, in its sole discretion, taking into account the subject matter of the rule and the to provide child care in a geographic area with- PLOYEE REMUNERATION. in the State where such care is not generally (a) IN GENERAL.—Paragraph (3) of section language of relevant statutes, ensure that the guide is written using sufficiently plain lan- available or accessible. 162(m) is amended to read as follows: ONSORTIUM.—For purposes of subpara- guage likely to be understood by affected small (B) C ‘‘(3) COVERED EMPLOYEE.—For purposes of graph (A), a consortium shall be made up of 2 this subsection, the term ‘covered employee’ entities. Agencies may prepare separate guides covering groups or classes of similarly affected or more entities that shall include small busi- means, with respect to any taxpayer for any nesses and that may include large businesses, taxable year, an individual who— small entities and may cooperate with associa- tions of small entities to develop and distribute nonprofit agencies or organizations, local gov- ‘‘(A) was the chief executive officer of the tax- such guides. An agency may prepare guides and ernments, or other appropriate entities. payer, or an individual acting in such a capac- apply this section with respect to a rule or a (4) LIMITATIONS.—With respect to grant funds ity, at any time during the taxable year, group of related rules. received under this section, a State may not pro- ‘‘(B) is 1 of the 4 highest compensated officers ‘‘(6) REPORTING.—Not later than 1 year after vide in excess of $500,000 in assistance from such of the taxpayer for the taxable year (other than the date of enactment of the Fair Minimum funds to any single applicant. the individual described in subparagraph (A)), Wage Act of 2007, and annually thereafter, the (e) MATCHING REQUIREMENT.—To be eligible to or head of each agency shall submit a report to the receive a grant under this section, a State shall ‘‘(C) was a covered employee of the taxpayer Committee on Small Business and Entrepreneur- provide assurances to the Secretary that, with (or any predecessor) for any preceding taxable ship of the Senate, the Committee on Small respect to the costs to be incurred by a covered year beginning after December 31, 2006. Business of the House of Representatives, and entity receiving assistance in carrying out ac- In the case of an individual who was a covered any other committee of relevant jurisdiction de- tivities under this section, the covered entity employee for any taxable year beginning after scribing the status of the agency’s compliance will make available (directly or through dona- December 31, 2006, the term ‘covered employee’ with paragraphs (1) through (5).’’. tions from public or private entities) non-Fed- shall include a beneficiary of such employee (b) TECHNICAL AND CONFORMING AMEND- eral contributions to such costs in an amount with respect to any remuneration for services MENT.—Section 211(3) of the Small Business equal to— performed by such employee as a covered em- Regulatory Enforcement Fairness Act of 1996 (5 (1) for the first fiscal year in which the cov- ployee (whether or not such services are per- U.S.C. 601 note) is amended by inserting ‘‘and ered entity receives such assistance, not less formed during the taxable year in which the re- entitled’’ after ‘‘designated’’. than 50 percent of such costs ($1 for each $1 of muneration is paid).’’. SEC. 242. SMALL BUSINESS CHILD CARE GRANT assistance provided to the covered entity under (b) EFFECTIVE DATE.—The amendment made PROGRAM. the grant); by this section shall apply to taxable years be- (a) ESTABLISHMENT.—The Secretary of Health (2) for the second fiscal year in which the cov- ginning after December 31, 2006. and Human Services (referred to in this section ered entity receives such assistance, not less

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than 662⁄3 percent of such costs ($2 for each $1 (j) DEFINITIONS.—In this section: simple, easily accessible and provide adequate of assistance provided to the covered entity (1) COVERED ENTITY.—The term ‘‘covered enti- financial security for all the people of the under the grant); and ty’’ means a small business or a consortium United States; (3) for the third fiscal year in which the cov- formed in accordance with subsection (d)(3). (2) it is important to begin retirement saving ered entity receives such assistance, not less (2) INDIAN COMMUNITY.—The term ‘‘Indian as early as possible to take full advantage of the than 75 percent of such costs ($3 for each $1 of community’’ means a community served by an power of compound interest; and assistance provided to the covered entity under Indian tribe or tribal organization. (3) regularly contributing money to a finan- the grant). (3) INDIAN TRIBE; TRIBAL ORGANIZATION.—The cially-sound investment account is one impor- (f) REQUIREMENTS OF PROVIDERS.—To be eligi- terms ‘‘Indian tribe’’ and ‘‘tribal organization’’ tant method for helping to achieve one’s retire- ble to receive assistance under a grant awarded have the meanings given the terms in section ment goals. under this section, a child care provider— 658P of the Child Care and Development Block SEC. 245. RENEWAL GRANTS FOR WOMEN’S BUSI- (1) who receives assistance from a State shall Grant Act of 1990 (42 U.S.C. 9858n). NESS CENTERS. comply with all applicable State and local li- (4) SMALL BUSINESS.—The term ‘‘small busi- (a) IN GENERAL.—Section 29 of the Small Busi- censing and regulatory requirements and all ap- ness’’ means an employer who employed an av- ness Act (15 U.S.C. 656) is amended by adding at plicable health and safety standards in effect in erage of at least 2 but not more than 50 employ- the end the following: the State; and ees on the business days during the preceding ‘‘(m) CONTINUED FUNDING FOR CENTERS.— (2) who receives assistance from an Indian calendar year. ‘‘(1) IN GENERAL.—A nonprofit organization tribe or tribal organization shall comply with all (5) STATE.—The term ‘‘State’’ has the meaning described in paragraph (2) shall be eligible to re- applicable regulatory standards. given the term in section 658P of the Child Care ceive, subject to paragraph (3), a 3-year grant (g) STATE-LEVEL ACTIVITIES.—A State may and Development Block Grant Act of 1990 (42 under this subsection. not retain more than 3 percent of the amount U.S.C. 9858n). ‘‘(2) APPLICABILITY.—A nonprofit organiza- described in subsection (c) for State administra- (k) APPLICATION TO INDIAN TRIBES AND TRIB- tion described in this paragraph is a nonprofit tion and other State-level activities. AL ORGANIZATIONS.—In this section: organization that has received funding under (h) ADMINISTRATION.— (1) IN GENERAL.—Except as provided in sub- subsection (b) or (l). (1) STATE RESPONSIBILITY.—A State shall have section (f)(1), and in paragraphs (2) and (3), the ‘‘(3) APPLICATION AND APPROVAL CRITERIA.— responsibility for administering a grant awarded term ‘‘State’’ includes an Indian tribe or tribal ‘‘(A) CRITERIA.—Subject to subparagraph (B), for the State under this section and for moni- organization. the Administrator shall develop and publish cri- toring covered entities that receive assistance (2) GEOGRAPHIC REFERENCES.—The term teria for the consideration and approval of ap- under such grant. ‘‘State’’ includes an Indian community in sub- plications by nonprofit organizations under this (2) AUDITS.—A State shall require each cov- sections (c) (the second and third place the term subsection. ered entity receiving assistance under the grant appears), (d)(1) (the second place the term ap- ‘‘(B) CONTENTS.—Except as otherwise pro- awarded under this section to conduct an an- pears), (d)(3)(A) (the second place the term ap- vided in this subsection, the conditions for par- nual audit with respect to the activities of the pears), and (i)(1)(A)(i). ticipation in the grant program under this sub- covered entity. Such audits shall be submitted to (3) STATE-LEVEL ACTIVITIES.—The term section shall be the same as the conditions for the State. ‘‘State-level activities’’ includes activities at the participation in the program under subsection (3) MISUSE OF FUNDS.— tribal level. (l), as in effect on the date of enactment of this (A) REPAYMENT.—If the State determines, (l) AUTHORIZATION OF APPROPRIATIONS.— Act. through an audit or otherwise, that a covered (1) IN GENERAL.—There is authorized to be ap- ‘‘(C) NOTIFICATION.—Not later than 60 days entity receiving assistance under a grant award- propriated to carry out this section, $50,000,000 after the date of the deadline to submit applica- ed under this section has misused the assistance, for the period of fiscal years 2008 through 2012. tions for each fiscal year, the Administrator the State shall notify the Secretary of the mis- (2) STUDIES AND ADMINISTRATION.—With re- shall approve or deny any application under use. The Secretary, upon such a notification, spect to the total amount appropriated for such this subsection and notify the applicant for may seek from such a covered entity the repay- period in accordance with this subsection, not each such application. ment of an amount equal to the amount of any more than $2,500,000 of that amount may be ‘‘(4) AWARD OF GRANTS.— such misused assistance plus interest. used for expenditures related to conducting ‘‘(A) IN GENERAL.—Subject to the availability (B) APPEALS PROCESS.—The Secretary shall by studies required under, and the administration of appropriations, the Administrator shall make regulation provide for an appeals process with of, this section. a grant for the Federal share of the cost of ac- respect to repayments under this paragraph. (m) TERMINATION OF PROGRAM.—The program tivities described in the application to each ap- (i) REPORTING REQUIREMENTS.— established under subsection (a) shall terminate plicant approved under this subsection. (1) 2-YEAR STUDY.— on September 30, 2012. ‘‘(B) AMOUNT.—A grant under this subsection (A) IN GENERAL.—Not later than 2 years after SEC. 243. STUDY OF UNIVERSAL USE OF ADVANCE shall be for not more than $150,000, for each the date on which the Secretary first awards PAYMENT OF EARNED INCOME year of that grant. grants under this section, the Secretary shall CREDIT. ‘‘(C) FEDERAL SHARE.—The Federal share conduct a study to determine— Not later than 180 days after the date of the under this subsection shall be not more than 50 (i) the capacity of covered entities to meet the enactment of this Act, the Secretary of the percent. child care needs of communities within States; Treasury shall report to Congress on a study of ‘‘(D) PRIORITY.—In allocating funds made (ii) the kinds of consortia that are being the benefits, costs, risks, and barriers to workers available for grants under this section, the Ad- formed with respect to child care at the local and to businesses (with a special emphasis on ministrator shall give applications under this level to carry out programs funded under this small businesses) if the advance earned income subsection or subsection (l) priority over first- section; and tax credit program (under section 3507 of the In- time applications under subsection (b). (iii) who is using the programs funded under ternal Revenue Code of 1986) included all recipi- ‘‘(5) RENEWAL.— this section and the income levels of such indi- ents of the earned income tax credit (under sec- ‘‘(A) IN GENERAL.—The Administrator may viduals. tion 32 of such Code) and what steps would be renew a grant under this subsection for addi- (B) REPORT.—Not later than 28 months after necessary to implement such inclusion. tional 3-year periods, if the nonprofit organiza- the date on which the Secretary first awards SEC. 244. SENSE OF THE SENATE CONCERNING tion submits an application for such renewal at grants under this section, the Secretary shall PERSONAL SAVINGS. such time, in such manner, and accompanied by prepare and submit to the appropriate commit- (a) FINDINGS.—The Senate finds that— such information as the Administrator may es- tees of Congress a report on the results of the (1) the personal saving rate in the United tablish. study conducted in accordance with subpara- States is at its lowest point since the Great De- ‘‘(B) UNLIMITED RENEWALS.—There shall be graph (A). pression, with the rate having fallen into nega- no limitation on the number of times a grant (2) 4-YEAR STUDY.— tive territory; may be renewed under subparagraph (A). (A) IN GENERAL.—Not later than 4 years after (2) the United States ranks at the bottom of ‘‘(n) PRIVACY REQUIREMENTS.— the date on which the Secretary first awards the Group of Twenty (G–20) nations in terms of ‘‘(1) IN GENERAL.—A women’s business center grants under this section, the Secretary shall net national saving rate; may not disclose the name, address, or tele- conduct a study to determine the number of (3) approximately half of all the working peo- phone number of any individual or small busi- child care facilities that are funded through ple of the United States work for an employer ness concern receiving assistance under this sec- covered entities that received assistance through that does not offer any kind of retirement plan; tion without the consent of such individual or a grant awarded under this section and that re- (4) existing savings policies enacted by Con- small business concern, unless— main in operation, and the extent to which such gress provide limited incentives to save for low- ‘‘(A) the Administrator is ordered to make facilities are meeting the child care needs of the and moderate-income families; and such a disclosure by a court in any civil or individuals served by such facilities. (5) the Social Security program was enacted to criminal enforcement action initiated by a Fed- (B) REPORT.—Not later than 52 months after serve as the safest component of a retirement eral or State agency; or the date on which the Secretary first awards system that also includes employer-sponsored re- ‘‘(B) the Administrator considers such a dis- grants under this section, the Secretary shall tirement plans and personal savings. closure to be necessary for the purpose of con- prepare and submit to the appropriate commit- (b) SENSE OF THE SENATE.—It is the sense of ducting a financial audit of a women’s business tees of Congress a report on the results of the the Senate that— center, but a disclosure under this subpara- study conducted in accordance with subpara- (1) Congress should enact policies that pro- graph shall be limited to the information nec- graph (A). mote savings vehicles for retirement that are essary for such audit.

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‘‘(2) ADMINISTRATION USE OF INFORMATION.— curity benefits and eliminate wasteful spending, Services, in consultation with the Secretary of This subsection shall not— such as spending on unnecessary tax loopholes, Homeland Security and the Attorney General, ‘‘(A) restrict Administration access to program in order to fully offset the cost of such repeal may waive operation of clause (i) or may limit activity data; or and avoid forcing taxpayers to pay substan- the duration or scope of the debarment under ‘‘(B) prevent the Administration from using tially more interest to foreign creditors. clause (i) if such waiver or limitation is nec- client information (other than the information SEC. 248. SENSE OF THE SENATE REGARDING essary to the national defense or in the interest described in subparagraph (A)) to conduct client PERMANENT TAX INCENTIVES TO of national security. surveys. MAKE EDUCATION MORE AFFORD- ‘‘(II) NOTIFICATION TO CONGRESS.—If the Ad- ‘‘(3) REGULATIONS.—The Administrator shall ABLE AND MORE ACCESSIBLE FOR ministrator grants a waiver or limitation de- issue regulations to establish standards for re- AMERICAN FAMILIES. scribed in subclause (I), the Administrator shall quiring disclosures during a financial audit It is the sense of the Senate that Congress submit to each member of the Committee on the under paragraph (1)(B).’’. should make permanent the tax incentives to Judiciary of the Senate and of the Committee on (b) REPEAL.—Section 29(l) of the Small Busi- make education more affordable and more acces- the Judiciary of the House of Representatives ness Act (15 U.S.C. 656(l)) is repealed effective sible for American families and eliminate waste- immediate notice of such waiver or limitation. October 1 of the first full fiscal year after the ful spending, such as spending on unnecessary ‘‘(III) PROHIBITION ON JUDICIAL REVIEW.—The date of enactment of this Act. tax loopholes, in order to fully offset the cost of decision of whether to debar or take alternate (c) TRANSITIONAL RULE.—Notwithstanding such incentives and avoid forcing taxpayers to action under this clause shall not be judicially any other provision of law, a grant or coopera- pay substantially more interest to foreign credi- reviewed. tive agreement that was awarded under sub- tors. ‘‘(C) EXEMPTION FROM PENALTY FOR EMPLOY- section (l) of section 29 of the Small Business SEC. 249. RESPONSIBLE GOVERNMENT CON- ERS PARTICIPATING IN THE BASIC PILOT PRO- Act (15 U.S.C. 656), on or before the day before TRACTOR REQUIREMENTS. GRAM.—In the case of imposition on an em- the date described in subsection (b) of this sec- Section 274A(e) of the Immigration and Na- ployer of a debarment from the receipt of a Fed- tion, shall remain in full force and effect under tionality Act (8 U.S.C. 1324a(e)) is amended by eral contract, grant, or cooperative agreement the terms, and for the duration, of such grant or adding at the end the following new paragraph: under subparagraph (A) or (B), that penalty agreement. ‘‘(10) PROHIBITION ON AWARD OF GOVERNMENT shall be waived if the employer establishes that SEC. 246. REPORTS ON ACQUISITIONS OF ARTI- CONTRACTS, GRANTS, AND AGREEMENTS.— the employer was voluntarily participating in CLES, MATERIALS, AND SUPPLIES ‘‘(A) EMPLOYERS WITH NO CONTRACTS, GRANTS, the basic pilot program under section 403(a) of MANUFACTURED OUTSIDE THE OR AGREEMENTS.— the Illegal Immigration Reform and Immigrant UNITED STATES. ‘‘(i) IN GENERAL.—Subject to clause (iii) and Responsibility Act of 1996 (8 U.S.C. 1324a note) Section 2 of the Buy American Act (41 U.S.C. subparagraph (C), if an employer who does not at the time of the violations of this section that 10a) is amended— hold a Federal contract, grant, or cooperative resulted in the debarment.’’. (1) by striking ‘‘Notwithstanding’’ and insert- agreement is determined to have violated this ing the following: Mr. DURBIN. Madam President, I section, the employer shall be debarred from the move to reconsider the vote. ‘‘(a) IN GENERAL.—Notwithstanding’’; and receipt of a Federal contract, grant, or coopera- (2) by adding at the end the following: Mrs. FEINSTEIN. I move to lay that tive agreement for a period of 7 years. ‘‘(b) REPORTS.— ‘‘(ii) PLACEMENT ON EXCLUDED LIST.—The Sec- motion on the table. ‘‘(1) IN GENERAL.—Not later than 180 days retary of Homeland Security or the Attorney The motion to lay on the table was after the end of each of fiscal years 2007 agreed to. through 2011, the head of each Federal agency General shall advise the Administrator of Gen- eral Services of the debarment of an employer Mr. GRASSLEY. Madam President, shall submit to the Committee on Homeland Se- after great effort by many people, the curity and Governmental Affairs of the Senate under clause (i) and the Administrator of Gen- and the Committee on Oversight and Govern- eral Services shall list the employer on the List Senate has adopted the Fair Minimum ment Reform of the House of Representatives a of Parties Excluded from Federal Procurement Wage Act as amended by the Baucus report on the amount of the acquisitions made and Nonprocurement Programs for a period of 7 substitute amendment containing the by the agency in that fiscal year of articles, ma- years. Small Business and Work Opportunity ‘‘(iii) WAIVER.— terials, or supplies purchased from entities that Act of 2007. This bipartisan small busi- ‘‘(I) AUTHORITY.—The Administrator of Gen- manufacture the articles, materials, or supplies eral Services, in consultation with the Secretary ness package will help ensure that outside of the United States. of Homeland Security and the Attorney General, small businesses are able to cope with ‘‘(2) CONTENTS OF REPORT.—The report re- may waive operation of clause (i) or may limit an increase in the minimum wage. quired by paragraph (1) shall separately in- Credit must go to the dedicated clude, for the fiscal year covered by such re- the duration or scope of a debarment under port— clause (i) if such waiver or limitation is nec- members of my staff, who spent many ‘‘(A) the dollar value of any articles, mate- essary to national defense or in the interest of hours helping to put this package to- rials, or supplies that were manufactured out- national security. gether. Kolan Davis, Mark Prater, side the United States; ‘‘(II) NOTIFICATION TO CONGRESS.—If the Ad- Dean Zerbe, Elizabeth Paris, Chris ‘‘(B) an itemized list of all waivers granted ministrator grants a waiver or limitation de- Javens, Cathy Barre, Anne Freeman, with respect to such articles, materials, or sup- scribed in subclause (I), the Administrator shall submit to each member of the Committee on the Grant Menke, Stanford Swinton, and plies under this Act, and a citation to the trea- Nick Wyatt showed great dedication to ty, international agreement, or other law under Judiciary of the Senate and of the Committee on which each waiver was granted; the Judiciary of the House of Representatives the tasks before them. ‘‘(C) if any articles, materials, or supplies immediate notice of such waiver or limitation. Of course this package could not were acquired from entities that manufacture ‘‘(III) PROHIBITION ON JUDICIAL REVIEW.—The have been put together without the ef- articles, materials, or supplies outside the decision of whether to debar or take alternative forts of Chairman BAUCUS and his staff. United States, the specific exception under this action under this clause shall not be judicially I particularly want to thank Russ Sul- section that was used to purchase such articles, reviewed. livan, Bill Dauster, Pat Heck, Judy ‘‘(B) EMPLOYERS WITH CONTRACTS, GRANTS, OR materials, or supplies; and Miller, Rebecca Baxter, Melissa AGREEMENTS.— ‘‘(D) a summary of— Mueller, Pat Bousliman, and Ryan ‘‘(i) the total procurement funds expended on ‘‘(i) IN GENERAL.—Subject to clause (iii) and articles, materials, and supplies manufactured subclause (C), an employer who holds a Federal Abraham. inside the United States; and contract, grant, or cooperative agreement and is Mr. MCCONNELL. Madam President, ‘‘(ii) the total procurement funds expended on determined to have violated this section shall be I rise to applaud the Senate for its articles, materials, and supplies manufactured debarred from the receipt of new Federal con- keen sense of balance and judgment in outside the United States. tracts, grants, or cooperative agreements for a passing H.R. 2, a bill to increase the ‘‘(3) PUBLIC AVAILABILITY.—The head of each period of 10 years. minimum wage. After important input Federal agency submitting a report under para- ‘‘(ii) NOTICE TO AGENCIES.—Prior to debarring from both sides, we have met the needs the employer under clause (i), the Secretary of graph (1) shall make the report publicly avail- of both America’s workers, who will able to the maximum extent practicable. Homeland Security, in cooperation with the Ad- ‘‘(4) EXCEPTION FOR INTELLIGENCE COMMU- ministrator of General Services, shall advise any earn a higher wage, and America’s NITY.—This subsection shall not apply to acqui- agency or department holding a contract, grant, small businesses, which fuel our econ- sitions made by an agency, or component there- or cooperative agreement with the employer of omy. of, that is an element of the intelligence commu- the Government’s intention to debar the em- The President and the Republican nity as specified in, or designated under, section ployer from the receipt of new Federal con- Congress were clear on the need to cou- 3(4) of the National Security Act of 1947 (50 tracts, grants, or cooperative agreements for a ple an increase in the minimum wage U.S.C. 401a(4)).’’. period of 10 years. with small-business tax relief, and this ‘‘(iii) WAIVER.— SEC. 247. SENSE OF THE SENATE REGARDING RE- legislation does just that. This is a tes- PEAL OF 1993 INCOME TAX INCREASE ‘‘(I) AUTHORITY.—After consideration of the ON SOCIAL SECURITY BENEFITS. views of any agency or department that holds a tament to what we can accomplish It is the sense of the Senate that Congress contract, grant, or cooperative agreement with when we work together to move crit- should repeal the 1993 tax increase on Social Se- the employer, the Administrator of General ical legislation forward.

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1512 CONGRESSIONAL RECORD — SENATE February 1, 2007 The American people that keep this efit from a higher wage and the small Biden, Chuck Hagel, Robert Menendez, economy running have created more businesses that grow the economy at Olympia Snowe, Ron Wyden, Debbie than 7.2 million new jobs since August the same time. Stabenow. 2003—that’s 40 months straight of job I am pleased this Senate is doing The PRESIDING OFFICER. Under growth. The economy added 167,000 new that, and in doing so reinforcing a vital the previous order, there will now be 4 jobs last December, exceeding market precedent. I note that the last time the minutes of debate equally divided be- expectations. minimum wage was increased, under a tween the leaders or their designees. Our unemployment rate is a stagger- Republican Congress and a Democrat Who yields time? ingly low 4.5 percent or as I like to put President, the same precedent was set. Mr. REID. Madam President, we it, our employment rate is 95.5 percent. We look forward to working with the yield back our time. A 4.5 percent unemployment rate is House of Representatives to send a Mr. MCCONNELL. Madam President, lower than the 5.1 percent average un- final bill to the President that will be we yield back our time. employment rate of 2005, which was al- a victory for both those who earn the The PRESIDING OFFICER. By unan- ready a great year. minimum wage and those who pay it. imous consent, the mandatory quorum And a low rate of 4.5 percent is lower When that happens, we will prove call has been waived. than the average unemployment rate that the words of bipartisanship and The question is, is it the sense of the of the 1960s, the 1970s, the 1980s, and comity during this Senate’s first days Senate that debate on the motion to even lower than the average unemploy- were more than empty rhetoric. proceed to S. Con. Res. 2, a concurrent ment rate of the boom years my friends We will demonstrate that this Senate resolution expressing a bipartisan reso- on the other side of the aisle like to can come together to exercise balance lution on Iraq, shall be brought to a point to, the 1990s. and judgment, and improve the lives of close? America’s small businesses are the both the workers who earn the min- The yeas and nays are mandatory key to unlocking this economic suc- imum wage and the small businesses under the rule. The clerk will call the cess. Small businesses employ half of that employ them and keep America’s roll. all private-sector employees and have economy running. The bill clerk called the roll. generated between 60 to 80 percent of And we will show that divided gov- Mr. DURBIN. I announce that the net new jobs annually over the last 10 ernment need not be divisive. Senator from South Dakota (Mr. JOHN- years. The PRESIDING OFFICER. Under SON) and the Senator from New York Here’s the bottom line. Since August the previous order, the majority leader (Mr. SCHUMER) are necessarily absent. 2003, the American people have created is recognized. Mr. LOTT. The following Senator over 7.2 million new jobs, more than f was necessarily absent: the Senator the entire European Union plus Japan from Oklahoma (Mr. INHOFE). combined. BIPARTISAN CONCURRENT RESO- Further, if present and voting, the So understandably, this side of the LUTION ON IRAQ—MOTION TO Senator from Oklahoma (Mr. INHOFE) aisle had this objective in mind regard- PROCEED would have voted ‘‘nay.’’ ing this bill: What is the best way to Mr. REID. Madam President, first of The PRESIDING OFFICER (Mr. NEL- raise the minimum wage while keeping all, I ask unanimous consent that the SON of Florida). Are there any other our high-flying economy aloft? next cloture vote be vitiated. Senators in the Chamber desiring to How could we encourage economic Mr. MCCONNELL. Madam President, vote? growth and not hinder it? How could I object. The yeas and nays resulted—yeas 0, we make sure that an increase in wages The PRESIDING OFFICER. Objec- nays 97, as follows: wouldn’t create a decrease in jobs? tion is heard. [Rollcall Vote No. 43 Leg.] This Senate has successfully done Mr. REID. Madam President, this NAYS—97 that, by linking an increase in the next vote is not necessary. As a result Akaka Domenici Menendez hourly minimum wage, from $5.15 to of yesterday’s breakthrough in nego- Alexander Dorgan Mikulski $7.25 over slightly more than 2 years, tiations, the base bill for the Iraq de- Allard Durbin Murkowski bate will be the Warner-Levin legisla- Baucus Ensign Murray with targeted tax and regulatory relief Bayh Enzi tion and not S. Con. Res. 2. So I will Nelson (FL) to small businesses, so that the small Bennett Feingold Nelson (NE) businesses that create the lion’s share vote against cloture and urge both Biden Feinstein Obama of new jobs in this country can remain sides of the aisle to do likewise. Bingaman Graham Pryor Bond Grassley Reed competitive and employ even more The most important question that I Boxer Gregg Reid people. have been asked, by popular demand, is Brown Hagel Brownback Harkin Roberts The President last December empha- when are we going to have a vote on Rockefeller Monday. I have conferred with the Re- Bunning Hatch sized the need to pair minimum wage Burr Hutchison Salazar increase legislation with just this kind publican leader on more than one occa- Byrd Inouye Sanders of targeted tax and regulatory relief. sion. We can still vote at 4:30 and com- Cantwell Isakson Sessions In my initial speech to the Senate of plete the 30 hours prior to Wednesday, Cardin Kennedy Shelby Carper Kerry Smith the 110th Congress last month, I said which would be our goal. So we are Casey Klobuchar Snowe we Republicans were open and willing going to vote at 4:30 on Monday on clo- Chambliss Kohl Specter to get things done with Democrats. ture on the Levin-Warner measure, un- Clinton Kyl Stabenow And I said one of the first goals we less we work something out before- Coburn Landrieu Stevens Cochran Lautenberg hand. Again, that is 4:30 Monday. Sununu should accomplish, working together, Coleman Leahy Tester was increasing the minimum wage The PRESIDING OFFICER. Under Collins Levin Thomas while providing relief for small busi- the previous order, the clerk will re- Conrad Lieberman Thune Corker Lincoln Vitter nesses. port the motion to invoke cloture. Cornyn Lott Voinovich Around the same time, the distin- The bill clerk read as follows: Craig Lugar Warner Crapo Martinez guished majority leader struck a simi- CLOTURE MOTION Webb lar note, pledging that when it came to DeMint McCain We, the undersigned Senators, in accord- Dodd McCaskill Whitehouse a wage increase plus small-business tax ance with the provisions of rule XXII of the Dole McConnell Wyden relief, ‘‘we are going to do it.’’ Standing Rules of the Senate, do hereby I am pleased to report that we have move to bring to a close the debate on the NOT VOTING—3 done it. An overwhelming majority of motion to proceed to Calendar No. 12, S. Con. Inhofe Johnson Schumer Senators acknowledged that creating Res. 2, a bipartisan concurrent resolution on The motion was rejected. new jobs and expanding the economy Iraq. The PRESIDING OFFICER. On this Harry Reid, Patty Murray, Herb Kohl, are more important than partisan Jeff Bingaman, Benjamin L. Cardin, vote, the yeas are 0, the nays are 97. wrangling. Frank R. Lautenberg, Charles E. Schu- Three-fifths of the Senators duly cho- And most importantly, we have mer, Dick Durbin, Christopher J. Dodd, sen and sworn not having voted in the taken care of the workers who will ben- Bernard Sanders, Jack Reed, Joseph R. affirmative, the motion is rejected.

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1513 Mr. LEVIN. I suggest the absence of be very proud of their impressive ac- UNANIMOUS CONSENT a quorum. complishments over the past years. AGREEMENT—S. 470 The PRESIDING OFFICER. The The coaching staff, in alphabetical Mr. REID. Mr. President, I ask unan- clerk will call the roll. order, is as follows: Jon Anderson, imous consent that it now be in order The assistant legislative clerk pro- Adam Breske, Al Christensen, Kalen to proceed to Calendar No. 19, S. 470. ceeded to call the roll. The PRESIDING OFFICER (Mr. Mr. THUNE. Mr. President, I ask DeBoer, Jeff Fitzgerald, Nick Fulton, WEBB). Is there objection? unanimous consent that the order for Tom Grogan, Al Hansen, Chuck Without objection, it is so ordered. the quorum call be rescinded. Morrell, Nate Moser, and Kurtiss The PRESIDING OFFICER. Without Riggs. f objection, it is so ordered. The team, in alphabetical order, is as BIPARTISAN IRAQ LEGISLATION— SIOUX FALLS COUGARS follows: Blake Andersen, Alex Ander- MOTION TO PROCEED Mr. THUNE. Mr. President, today I son, Drew Anderson, Kyle Anderson, rise to recognize the University of Jeremy Barnes, Bret Beachner, Nick Mr. REID. Mr. President, I move to Sioux Falls Cougars football team for Benedetto, Trevor Bowers, Curtis proceed to the bill and send a cloture motion to the desk. winning the 2006 NAIA National Foot- Brown, Tyson Brown, Zach Campbell, The PRESIDING OFFICER. The clo- ball Championship. I would also like to Doug Carlson, Luke Castle, Chad ture motion having been presented recognize their coach, Kalen DeBoer, Cavender, Max Chapman, Erik Cimpl, under rule XXII, the Chair directs the for being named the NAIA Football Ross Cimpl, Kyle Cummings, Josh Dan- clerk to read the motion. Coach of the Year. The Cougars cham- iels, Drew DeGroot, Dan DeJong, Glen The assistant legislative clerk read pionship victory in December marked Dirksen, Kyle Dreckman, Michael as follows: the second national football title for Dvoracek, Ernest Eaton, Brett the school in the past 10 years. Elgersma, Trey Erickson, Nate Ever- We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the This group of young men had an ex- ett, Josiah Fenceroy, Clint Fischer, traordinary season capped by a 23-to-19 Standing Rules of the Senate, do hereby Jason Glasco, Aaron Gunderson, Mike move to bring to a close debate on the mo- victory over the previously unbeaten Hartley, Luke Hartman, Nick Haub, tion to proceed to calendar No. 19, S. 470, Bi- University of Saint Francis. That Adam Henglefelt, Trevor Holleman, partisan Iraq legislation. championship victory ensured the Cou- Cameron Horton, Dusty Hovorka, Carl Levin, Joe Biden, Ken Salazar, gars an undefeated season and the first Aaron Jensen, Gregg Jensen, James Harry Reid, Pat Leahy, Sherrod Brown, football title since 1996. The University Johnikin, Matt Johnson, Joel Kelpe, Patty Murray, Robert Menendez, John of Sioux Falls did not achieve a No. 1 F. Kerry, B.A. Mikulski, Dick Durbin, Kyle Kidd, Blake Klinsing, Brandon Jack Reed, Tom Harkin, Dianne Fein- ranking throughout the entirety of the Koolstra, Todd Kutter, Ty Larson, 2006 season. Their championship was stein, Bill Nelson, H.R. Clinton, Herb Letarius Lee, John Lentz, Matt Kohl, Ben Nelson. won on the field, not in the polls. Lindgren, Tyler Lodermeier, Ryan Mr. REID. Mr. President, I ask unan- Coach DeBoer was able to achieve Lowmiller, Brad Maag, Lane this victory in just his second year as imous consent that the cloture vote on Mellegaard, Matt Miller, Dan Moe, Joe the motion to proceed occur at 5:30 head coach of the Cougars. He suc- Moen, Tyler Mousel, A.J. Munger, ceeded legendary coach Bob Young. p.m. on Monday, that the mandatory Scott Neu, Tyler Newman, Matt quorum be waived, and that if cloture Under the tutelage of Coach Young, Norgaard, Jeff Nuzum, Chris Opitz, and continued now by Coach DeBoer, is invoked, it be in order to file cloture Cody O’Reilly, Aaron Parker, Adam on the bill before the close of business the University of Sioux Falls has Paulson, Adam Perry, Weston Peter- emerged as one of the premier football on Tuesday next. son, Darren Quaile, Nick Ramstad, Jim institutions in the country. Over the The PRESIDING OFFICER. Is there Rawhouser, Kyle Robertson, Jon Ross, past 10 seasons, the Cougars have objection? Jon Ryan, Dan Schmeichel, Shawn amassed a 103 to 19 record while cap- Without objection, it is so ordered. Schnabel, Andrew Schoenfelder, Brady turing eight conference titles. Faith, f Schwebach, Brandon Sexton, George loyalty, commitment, and teamwork Sperry, Alex Staebell, Dominic MORNING BUSINESS have served as the foundation to build- Studzinski, Robb Tiff, D.J. Tille, Chad ing this tradition of excellence. Mr. REID. Mr. President, I ask unan- The 2006 Cougars were led to the title Traver, Brent Tuxhorn, Brooks imous consent that there now be a pe- thanks to the work of an explosive of- Underberg, Derek Varin, Josh Veurink, riod of morning business, with Sen- fense and a powerful defense. They Michael Warren, Keegan Warwick, T.J. ators permitted to speak therein for up averaged nearly 39 points per game Wendt, Ben Westerfield, Brandon Wil- to 10 minutes each. while allowing only seven. Leading the liams, and Alex Woolbright. The PRESIDING OFFICER. Without way for the Cougars this season were I congratulate the men who won this objection, it is so ordered. Chad Cavender, Mike Dvoracek, Dusty National Championship and the coach- f Hovorka, and Trey Erickson. These es who led the way. The University of four were selected to the first-team of Sioux Falls football team has proven NATIONAL CATHOLIC SCHOOLS the 2006 NAIA All-American football that they are strong competitors and WEEK team. This marks the first time in Uni- dedicated athletes. On behalf of the Mr. REID. Mr. President, I rise today versity of Sioux Falls history that four city of Sioux Falls and the state of to recognize the contribution of the players have represented the school on South Dakota, I am pleased to say con- Roman Catholic school system in the the first-team. Also, five Cougars gratulations, Cougars. You have made United States. From January 28 earned NAIA All-American honorable us all very proud. through February 2 of this year, com- mention honors. These players were munities across our Nation celebrated I yield the floor and suggest the ab- Zach Campbell, Josiah Fenceroy, Jason National Catholic Schools Week. This sence of a quorum. Glasco, Letarius Lee, and Adam year’s theme of ‘‘Catholic Schools: the Paulson. The PRESIDING OFFICER. The Good News in Education’’ emphasizes Many of the players from this year’s clerk will call the roll. the balanced and diverse educational team have spent the last 4 years as The bill clerk proceeded to call the perspective offered by Catholic edu- teammates. The sixteen current Uni- roll. cation. versity of Sioux Falls seniors have With more than 8,000 elementary and compiled a remarkable 48 to 4 record, Mr. REID. Mr. President, I ask unan- secondary schools across our Nation, including three Great Plains Athletic imous consent that the order for the Catholic education is an important Conference championships, four NAIA quorum call be rescinded. part of educational communities across Championship Series appearances, and The PRESIDING OFFICER (Mr. our country. My home State of Nevada the 2006 NAIA Football Championship. WHITEHOUSE). Without objection, it is is no exception. We have more than 16 This group of student-athletes should so ordered. Catholic schools that serve over 5,000

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1514 CONGRESSIONAL RECORD — SENATE February 1, 2007 students. These schools play an impor- critical to our success—in 1957, the cents per acre. With the full rights and tant role in their communities, teach- House Insular Affairs Committee re- opportunities granted to the states in ing service and character to their stu- ported, ‘‘Alaska is in all ways ready for our Union, Alaska has more than made dents in the Catholic tradition. statehood.’’ good on this investment—the Federal This tradition is what encourages Forty-two years after the introduc- revenue from the development of our many parents to sacrifice to pay for a tion of the first statehood bill, our long resources has repaid this investment Catholic education. As many students, wait finally ended. On May 12, 1958, hundreds of times over. parents, and teachers will tell you, a Representative Clair Engle moved to The list of our State’s opportunities Catholic education provides balance to bring the Alaska statehood bill to the remains promising. We have vast coal students not only in their educational floor of the House. He sought and re- reserves and enormous potential in oil experience, but also in their spiritual ceived a special privileged status which and gas both on and off our shores. life. The values taught in Catholic is reserved for statehood bills. This sta- Trillions of feet of gas hydrates lie be- schools are important for developing tus allowed him to circumvent the neath our permafrost. Our State’s engaged and informed members of the Rules Committee, which had blocked 34,000 miles of shoreline are the gate- community. statehood legislation for more than 11 way to some of our Nation’s most Catholic education has played a need- months. promising tidal and ocean energy pros- ed role in our educational system for Right up until the end, statehood for pects. Our forests contain much of the more than a century. I am confident Alaska faced fierce opposition. In the Nation’s timber and pulp. Sixty per- that Nevada and our Nation will be Senate, a small group of opponents pro- cent of our country’s commercial fish well served by Catholic schools for longed the debate for 5 long days and harvest is caught in the waters off of many years to come. nights. I was among the many Alas- our State’s shores. f kans who gathered in the viewing gal- Our geographic location was a vital leries above this Chamber on June 30, asset during World War II and the Cold ANNIVERSARY OF ALASKA 1958, waiting for the historic vote. At STATEHOOD War, and it continues to offer our 8:02 pm, the Senate passed the Alaska Armed Forces important strategic ad- Mr. STEVENS. Mr. President, Janu- statehood bill by a vote of 64 to 20. Six vantages. Our location has also helped ary marked the 48th anniversary of the months later, on January 3, 1959, we of- boost our Nation’s trade with Canada, day Alaska achieved statehood. Earlier ficially became the 49th State in the Russia, and nations throughout Asia. this week, Senator MURKOWSKI and I Union. Our State’s greatest resource, how- introduced S.J. Res. 49, a resolution I come to the floor today to pay trib- ever, will always be our people. Alas- commemorating our State’s 50th anni- ute to the Alaskans who fought for kans are resourceful, enterprising, and versary. We will reach this milestone statehood and our good friends in Con- fiercely independent. Our pioneer spirit on January 3, 2009. gress who supported them. Bob Bart- runs deep. And the traditions and her- Alaska’s path to statehood was a lett, our State’s delegate in the House, itage of our Alaska Native people have long one. In 1867, Secretary of the worked on statehood for 14 years. He greatly contributed to our country’s Treasury William Seward convinced was assisted by men like Leo O’Brien cultural life. President Andrew Johnson to purchase of New York, who chaired the Terri- The list of our State’s opportunities Alaska for $7.2 million. At the time, tories Subcommittee; John Saylor of is long, but we are still a young State. this purchase was often derided as Pennsylvania, who led the floor fight For each of our opportunities, there is ‘‘Seward’s Folly,’’ and many wondered for Republican supporters; Clair Engle a challenge to overcome. The Federal what the United States would do with of California, who chaired the Insular Government owns more than 60 percent what some called its new ‘‘Polar Bear Affairs Committee; and Sam Rayburn, of our lands. We have only 14,000 miles Garden.’’ the Speaker of the House. of roads. Seventy percent of our towns, While history shortly proved the crit- In the Senate, Alaskans found a good villages, and cities can be reached only ics wrong, statehood for Alaska did not friend in Senator Henry ‘‘Scoop’’ Jack- by boat or air. If we are to fulfill our come easily. It took more than 90 years son of Washington State, who was potential, we will need greater under- for Alaska to become a state. The first chairman of Territories on the Interior standing of these facts. Alaska statehood bill was introduced Committee. Senator Jackson helped Forty-eight years is not a long time. by James Wickersham, our territorial plan the successful strategy that put In fact, our State is younger than all delegate, in 1916. Over the years, seven the vote for statehood over the top. but eight of the Members who serve in Congresses considered legislation re- Twenty-five years later, Senator Jack- this Senate. Our ability to fulfill our garding Alaska’s admission to our son cosponsored a resolution cele- potential depends on the willingness of Union. Between 1946 and 1957 alone, brating the silver anniversary of Alas- those who serve in Congress to provide statehood hearings held by the House ka’s statehood. Earlier this week, Sen- us with the opportunities and support and Senate spanned more than 3,500 ator MURKOWSKI and I offered a similar given to other States when they were pages in the printed record. resolution, this time to commemorate in similar stages of their development. Alaskans tirelessly advocated for our State’s golden anniversary in 2009. On this anniversary of statehood, statehood. On November 8, 1955, 55 men Alaskans also found many good Alaskans honor those who made this and women assembled at the Univer- friends outside of the Halls of Congress. milestone possible. And we share our sity of Alaska in Fairbanks for Alas- President Eisenhower, President Tru- hope that—once again—we will find ka’s Constitutional Convention. These man, and Secretary of the Interior friends in Congress and elsewhere that delegates worked for 75 days, and their Fred Seaton each supported our cam- will help us fulfill our State’s poten- efforts produced a precedent-setting paign for statehood. It was my great tial. constitution. privilege to know and serve with many Thanks to the dedication of George of these men. I am particularly in- f Lehleitner of Louisiana and C.W. Bill debted to Secretary Seaton, who asked Snedden, the publisher of the Fair- me to serve as his legislative counsel, banks Daily News-Miner, our constitu- Assistant to the Secretary, and ulti- COMMITTEE ON AGRICULTURE, tion included Alaska’s version of the mately the Solicitor of the Department NUTRITION, AND FORESTRY ‘‘Tennessee Plan’’. Under this plan, our of the Interior during the Eisenhower RULES OF PROCEDURE territory elected a congressional dele- administration. These positions gave Mr. HARKIN. Mr. President, I ask gation without federal approval. Our me the opportunity to work on the unanimous consent that the rules constitution—and this plan—ulti- Alaska Statehood Act. adopted on January 31, 2007, by the mately became the basis for congres- History has proven those who criti- Committee on Agriculture, Nutrition, sional approval of statehood. cized Seward’s purchase—and those and Forestry be printed in the RECORD. Alaskans also made countless trips who opposed statehood—wrong. When There being no objection, the mate- to Washington, DC, to testify in sup- William Seward purchased Alaska from rial was ordered to be printed in the port of statehood. These visits were Russia, he paid $7,200,000—less than 2 RECORD, as follows:

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RULES OF THE COMMITTEE ON AGRICULTURE, special circumstances require expedited pro- committee, including at least one member NUTRITION, AND FORESTRY cedures and a majority of the committee or from each party. RULE I—MEETINGS the subcommittee involved concurs. In no 5.3 Reporting.—A majority of the mem- case shall a hearing be conducted with less bership of the committee shall constitute a 1.1 Regular Meetings.—Regular meetings than 24 hours notice. quorum for reporting bills, nominations, shall be held on the first and third Wednes- 3.2 Witness Statements.—Each witness matters, or recommendations to the Senate. day of each month when Congress is in ses- who is to appear before the committee or No measure or recommendation shall be or- sion. any subcommittee shall file with the com- dered reported from the committee unless a 1.2 Additional Meetings.—The Chairman, mittee or subcommittee, at least 24 hours in majority of the committee members are in consultation with the ranking minority advance of the hearing, a written statement physically present. The vote of the com- member, may call such additional meetings of his or her testimony and as many copies mittee to report a measure or matter shall as he deems necessary. as the Chairman of the committee or sub- require the concurrence of a majority of 1.3 Notification.—In the case of any meet- committee prescribes. those members who are physically present at ing of the committee, other than a regularly 3.3 Minority Witnesses.—In any hearing the time the vote is taken. scheduled meeting, the clerk of the com- conducted by the committee, or any sub- RULE 6—VOTING mittee shall notify every member of the committee thereof, the minority members of committee of the time and place of the meet- 6.1 Rollcalls.—A roll call vote of the the committee or subcommittee shall be en- ing and shall give reasonable notice which, members shall be taken upon the request of titled, upon request to the Chairman by the except in extraordinary circumstances, shall any member. ranking minority member of the committee 6.2 Proxies.—Voting by proxy as author- be at least 24 hours in advance of any meet- or subcommittee to call witnesses of their ized by the Senate rules for specific bills or ing held in Washington, DC, and at least 48 selection during at least 1 day of such hear- subjects shall be allowed whenever a quorum hours in the case of any meeting held outside ing pertaining to the matter or matters of the committee is actually present. Washington, DC. heard by the committee or subcommittee. 6.3 Polling.—The committee may poll any 1.4 Called Meeting.—If three members of 3.4 Swearing in of Witnesses.—Witnesses matters of committee business, other than a the committee have made a request in writ- in committee or subcommittee hearings may vote on reporting to the Senate any meas- ing to the Chairman to call a meeting of the be required to give testimony under oath ures, matters or recommendations or a vote committee, and the Chairman fails to call whenever the Chairman or ranking minority on closing a meeting or hearing to the pub- such a meeting within 7 calendar days there- member of the committee or subcommittee lic, provided that every member is polled and after, including the day on which the written deems such to be necessary. every poll consists of the following two ques- notice is submitted, a majority of the mem- 3.5 Limitation.—Each member shall be tions: bers may call a meeting by filing a written limited to 5 minutes in the questioning of (1) Do you agree or disagree to poll the pro- notice with the clerk of the committee who any witness until such time as all members posal; and shall promptly notify each member of the who so desire have had an opportunity to (2) Do you favor or oppose the proposal. committee in writing of the date and time of question a witness. Questions from members If any member requests, any matter to be the meeting. shall rotate from majority to minority mem- polled shall be held for meeting rather than 1.5 Adjournment of Meetings.—The Chair- being polled. The chief clerk of the com- bers in order of seniority or in order of ar- man of the committee or a subcommittee mittee shall keep a record of all polls. rival at the hearing. shall be empowered to adjourn any meeting RULE 7—SUBCOMMITTEES RULE 4—NOMINATIONS of the committee or a subcommittee if a 7.1 Assignments.—To assure the equitable 4.1 Assignment.—All nominations shall be quorum is not present within 15 minutes of assignment of members to subcommittees, the time scheduled for such meeting. considered by the full committee. no member of the committee will receive as- 4.2 Standards.—In considering a nomina- RULE 2—MEETINGS AND HEARINGS IN GENERAL signment to a second subcommittee until, in tion, the committee shall inquire into the order of seniority, all members of the com- 2.1 Open Sessions.—Business meetings nominee’s experience, qualifications, suit- mittee have chosen assignments to one sub- and hearings held by the committee or any ability, and integrity to serve in the position subcommittee shall be open to the public ex- committee, and no member shall receive as- to which he or she has been nominated. signment to a third subcommittee until, in cept as otherwise provided for in Senate Rule 4.3 Information.—Each nominee shall sub- order of seniority, all members have chosen XXVI, paragraph 5. mit in response to questions prepared by the 2.2 Transcripts.—A transcript shall be assignments to two subcommittees. committee the following information: 7.2 Attendance.—Any member of the com- kept of each business meeting and hearing of (1) A detailed biographical resume which the committee or any subcommittee unless a mittee may sit with any subcommittee dur- contains information relating to education, ing a hearing or meeting but shall not have majority of the committee or the sub- employment, and achievements; committee agrees that some other form of the authority to vote on any matter before (2) Financial information, including a fi- the subcommittee unless he or she is a mem- permanent record is preferable. nancial statement which lists assets and li- 2.3 Reports.—An appropriate opportunity ber of such subcommittee. abilities of the nominee; and 7.3 Ex Officio Members.—The Chairman shall be given the Minority to examine the (3) Copies of other relevant documents re- and ranking minority member shall serve as proposed text of committee reports prior to quested by the committee. Information re- nonvoting ex officio members of the sub- their filing or publication. In the event there ceived pursuant to this subsection shall be committees on which they do not serve as are supplemental, minority, or additional available for public inspection except as spe- voting members. The Chairman and ranking views, an appropriate opportunity shall be cifically designated confidential by the com- minority member may not be counted to- given the Majority to examine the proposed mittee. ward a quorum. text prior to filing or publication. 4.4 Hearings.—The committee shall con- 7.4 Scheduling.—No subcommittee may 2.4 Attendance.—(a) Meetings. Official at- duct a public hearing during which the nomi- schedule a meeting or hearing at a time des- tendance of all markups and executive ses- nee shall be called to testify under oath on ignated for a hearing or meeting of the full sions of the committee shall be kept by the all matters relating to his or her suitability committee. No more than one subcommittee committee clerk. Official attendance of all for office. No hearing shall be held until at business meeting may be held at the same subcommittee markups and executive ses- least 48 hours after the nominee has re- time. sions shall be kept by the subcommittee sponded to a prehearing questionnaire sub- 7.5 Discharge.—Should a subcommittee clerk. mitted by the committee. fail to report back to the full committee on (b) Hearings. Official attendance of all 4.5 Action on Confirmation.—A business any measure within a reasonable time, the hearings shall be kept, provided that, Sen- meeting to consider a nomination shall not Chairman may withdraw the measure from ators are notified by the committee Chair- occur on the same day that the hearing on such subcommittee and report that fact to man and ranking minority member, in the the nominee is held. The Chairman, with the the full committee for further disposition. case of committee hearings, and by the sub- agreement of the ranking minority member, The full committee may at any time, by ma- committee Chairman and ranking minority may waive this requirement. jority vote of those members present, dis- member, in the case of subcommittee hear- RULE 5—QUORUMS charge a subcommittee from further consid- ings, 48 hours in advance of the hearing that 5.1 Testimony.—For the purpose of receiv- eration of a specific piece of legislation. attendance will be taken. Otherwise, no at- ing evidence, the swearing of witnesses, and 7.6 Application of Committee Rules to tendance will be taken. Attendance at all the taking of sworn or unsworn testimony at Subcommittees.—The proceedings of each hearings is encouraged. any duly scheduled hearing, a quorum of the subcommittee shall be governed by the rules RULE 3—HEARING PROCEDURES committee and the subcommittee thereof of the full committee, subject to such au- 3.1 Notice.—Public notice shall be given shall consist of one member. thorizations or limitations as the committee of the date, place, and subject matter of any 5.2 Business.—A quorum for the trans- may from time to time prescribe. hearing to be held by the committee or any action of committee or subcommittee busi- RULE 8—INVESTIGATIONS, SUBPOENAS AND subcommittee at least 1 week in advance of ness, other than for reporting a measure or DEPOSITIONS such hearing unless the Chairman of the full recommendation to the Senate or the taking 8.1 Investigations.—Any investigation un- committee or the subcommittee determines of testimony, shall consist of one-third of dertaken by the committee or a sub- that the hearing is noncontroversial or that the members of the committee or sub- committee in which depositions are taken or

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Last year, the city about 1 in 3 adults—are living with the committee, is delegated the authority to suffered 406 homicides and is on track some form of cardiovascular disease. subpoena the attendance of witnesses or the to exceed that total in 2007. The report Heart disease remains the leading production of memoranda, documents, documents over two dozen cases of ille- cause of death in America and stroke is records, or any other materials at a hearing gal gun trafficking from dealers across the No. 3 killer. These devastating dis- of the committee or a subcommittee or in the country. In each case, gunrunners eases have touched the lives of nearly connection with the conduct of an investiga- were prosecuted; however, the dealers every family in America. tion authorized in accordance with para- Heart disease, stroke, and other car- graph 8.1. The Chairman may subpoena at- who supplied them received no legal sanctions. diovascular diseases will cost our Na- tendance or production without the approval tion more than $430 billion in 2007, in- of the ranking minority member when the ‘‘Shady Dealings’’ documents several Chairman has not received notification from scenarios in which dealers turn a blind cluding more than $284 billion in direct the ranking minority member of disapproval eye to clear indications of gunrunning. medical costs. of the subpoena within 72 hours, excluding In-store straw purchases are trans- While it is true that we are making Saturdays and Sundays, of being notified of actions that violate Federal law in some progress, we can’t win the fight the subpoena. If a subpoena is disapproved by which one individual submits to the re- against heart disease, stroke, and other the ranking minority member as provided in quired Federal background check for a cardiovascular diseases without the this paragraph the subpoena may be author- gun that is clearly intended for use by support of Congress and the adminis- ized by vote of the members of the com- tration. Next week, the President will mittee. When the committee or Chairman someone else. Multiple purchases of the same model gun by an individual send Congress a budget proposal for fis- authorizes subpoenas, subpoenas may be cal year 2008. The budget is more than issued upon the signature of the Chairman or should be an indication that the guns any other member of the committee des- are not for personal use. Large volume just a lengthy document—it is a state- ignated by the Chairman. sales of handguns should be a red flag ment of our Nation’s priorities. I be- 8.3 Notice for Taking Depositions.—No- to dealers. In one case, a gun dealer lieve investing in cardiovascular re- search, prevention, and treatment pro- tices for the taking of depositions, in an in- sold 87 pistols to a gun trafficker’s vestigation authorized by the committee, grams should be one of our highest pri- straw buyer in a single transaction. shall be authorized and be issued by the orities. Chairman or by a staff officer designated by Another red flag for trafficking should I was disappointed by the budget the him. Such notices shall specify a time and occur when a single buyer makes re- President proposed last year. The ad- place for examination, and the name of the peated purchases from a dealer. In one ministration’s proposal would have Senator, staff officer or officers who will instance, a trafficker from Ohio made scaled back funding for heart disease take the deposition. Unless otherwise speci- at least 19 visits to a particular gun fied, the deposition shall be in private. The and stroke research at the National In- shop, yet was never turned away. Deal- stitutes of Health, NIH, prevention pro- committee shall not initiate procedures er sales to traffickers at gun shows leading to criminal or civil enforcement pro- grams at the Centers for Disease Con- ceedings for a witness’ failure to appear un- present special opportunities for traf- trol and Prevention, CDC, and a pro- less the deposition notice was accompanied ficking. A single gun dealer in Georgia gram that helps rural communities by a committee subpoena. was recorded selling eight guns to one purchase lifesaving medical equipment. 8.4 Procedure for Taking Depositions.— trafficker and 20 additional pistols to The administration’s fiscal year 2007 Witnesses shall be examined upon oath ad- two other traffickers. Several of the budget would have cut funding for the ministered by an individual authorized by weapons were recovered by the New National Heart, Lung and Blood Insti- local law to administer oaths. The Chairman York City police, and one of them was tute by $21 million and the National In- will rule, by telephone or otherwise, on any used to shoot a New York City police objection by a witness. The transcript of a stitute of Neurological Disorders and deposition shall be filed with the committee officer. Stroke by $11 million. I am grateful clerk. Unfortunately, making life easier for that Congress rejected this proposal. gun traffickers presents the oppor- RULE 9—AMENDING THE RULES Our investment in the NIH holds enor- tunity for financial reward with little mous promise to turn the tide against These rules shall become effective upon to no consequence for gun dealers. Not publication in the Congressional Record. so many devastating diseases, includ- These rules may be modified, amended, or re- one of the dealers profiled in the Brady ing heart disease and stroke. pealed by the committee, provided that all Center report has been put out of busi- The President also proposed scaling members are present or provide proxies or if ness by the ATF or prosecuted for sell- back funding for the heart disease and a notice in writing of the proposed changes ing guns to convicted gun traffickers. stroke prevention program at the CDC. has been given to each member at least 48 As a result, the underground market This program helps States design and hours prior to the meeting at which action for guns is fueled the diversion of mas- implement plans to prevent cardio- thereon is to be taken. The changes shall be- sive numbers of guns from licensed gun vascular disease before it occurs. De- come effective immediately upon publication dealers into the hands of criminals. Al- of the changed rule or rules in the Congres- spite the fact that heart disease is the sional Record, or immediately upon approval most 60 percent of the guns traced to No. 1 cause of death in the country and of the changes if so resolved by the com- crime by the ATF originated from only stroke is the No. 3 killer, the CDC does mittee as long as any witnesses who may be about 1 percent of the Nation’s gun not have enough funding to implement affected by the change in rules are provided dealers. Additionally, approximately 30 this important program in all States. with them. percent of the guns traced to crime The CDC provides funding for 19 States f were traced within 3 years of their re- to develop plans and another 14 States ILLEGAL GUN TRAFFICKING tail sale. I urge my colleagues to take to implement the plans. up and pass sensible gun legislation Finally, the administration tried to Mr. LEVIN. Mr. President, there is that will help prevent such egregious eliminate funding for a program that growing awareness across the country acts and help protect the welfare of our helps rural communities purchase that too little has been done to combat communities. automated external defibrillators, illegal gun trafficking. This awareness f AEDs. AEDs are small, laptop-size de- was validated by a report released last vices that help restore normal heart week by the Brady Center to Prevent IN RECOGNITION OF AMERICAN function after cardiac arrest. AEDs Gun Violence which revealed that some HEART MONTH save lives, especially when placed in licensed gun dealers are complicit in Mr. DORGAN. Mr. President, today areas where large numbers of people aiding gun traffickers, yet remain marks the start of American Heart congregate and in rural communities largely untouched by the law. Month. I note the occasion not as a re- where emergency medical personnel The report, ‘‘Shady Dealings: Illegal minder to my colleagues to purchase are not readily available. I believe Con- Gun Trafficking from Licensed Gun flowers or chocolates for their loved gress should continue to provide grants

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1517 to help communities purchase these severed, we see great achievements in and two grandchildren. Currently, she lifesaving devices. the African-American experience—tri- teaches at Northwest Nazarene Univer- I hope that the President does not umph that went hand in hand with sity in Nampa, ID. send Congress another budget that pro- some of the greatest struggles and We in Idaho are proud to have indi- poses Draconian cuts in funding for most severe obstacles. viduals such as Dr. Mamie Oliver in our heart disease and stroke research, pre- In Idaho, many individuals have con- community. It is through the dedica- vention, and treatment programs. Fail- tinued Woodson’s vision to educate and tion of people like Dr. Oliver that we ing to make these investments will inform our communities about the realize as a Nation our strengths and have real consequences. It is projected great contributions of African Ameri- are empowered by what is integrally that, if we don’t act today, deaths from cans. For over 85 years, Idaho’s Na- part of our American history and heart disease alone will increase by tional Association for the Advance- brought to the forefront this Feb- nearly 130 percent by 2050. ment of Colored People, NAACP—com- ruary—Black History Month. I encourage my colleagues to take a prised of some of Idaho’s finest citizens Our Nation has made great strides in few minutes during February to recog- and humanitarians—has served as a putting civil and human rights chal- nize American Heart Month and to join leader for promoting cultural diversity lenges behind us. But we must be ever me in starting a national dialogue and awareness in our state. vigilant in pursuing the fundamental about making the fight against cardio- I also commend the work at the principles of equality and justice and vascular disease a priority. Idaho Black History Museum. Estab- in continuing the legacy that so many lished in 1995, this museum is the only f individuals have worked so hard to one of its kind in the Pacific North- achieve. In Congress, one of our most HONORING BLACK HISTORY west. Through its exhibits and commu- important duties is to protect these MONTH nity outreach programs such as lec- core personal freedoms that we as Mr. CRAPO. Mr. President, today I tures, workshops, literacy courses, and American citizens enjoy. musical performances, the Idaho Black join millions of people across our Na- f tion to commemorate Black History History Museum successfully fosters a Month. deeper understanding of cultural diver- SENATOR GEORGE SMATHERS Black History Month is a time to sity in the State of Idaho. Mr. NELSON of Florida. Mr. Presi- honor those heroes of the past and HONORING MAMIE OLIVER dent, I rise today to recognize the life present who have played pivotal roles Today, I join with the Idaho Black and achievements of Senator George in African American history. During History Museum in honoring a special Smathers. I delivered remarks at his this month, we celebrate the lives of Idahoan—Dr. Mamie Oliver—for her memorial service on January 29. I ask these extraordinary individuals and outstanding record of achievement and unanimous consent to have printed in pay tribute to their many sacrifices efforts on behalf of Idaho’s commu- the RECORD the remarks. and great accomplishments in nities. A historian, professor, and com- There being no objection, the mate- strengthening the diverse cultural his- munity leader, Dr. Oliver truly em- rial was ordered to be printed in the tory we have in America. We are espe- bodies what Black History Month is all RECORD, as follows: cially reminded during this month to about. It is fitting that we gather in this commu- renew our commitment to ensuring When Mamie Oliver accepted a posi- nity, in this state, to honor George A. equality and justice for all Americans. tion at Boise State University in 1972, Smathers—an outstanding American, and Black History Month was originally she became Idaho’s first African-Amer- one of the great sons of Miami and Florida. Because it was here that George Smathers established as Negro History Week, ican professor. At Boise State, Dr. Oli- ver and her students completed grew up. later known as Black History Week, in It was here that he became president of the 1926 by Dr. Carter G. Woodson, a son of foundational research on African- student bodies at Miami Senior High School former slaves who became the second American history in Idaho, launching and his beloved University of Florida, where African American to earn a Ph.D. from the early development of what was pre- he also was captain of the basketball, track Harvard University. Woodson chose the viously untold history. and debate teams. Dr. Oliver was influential in getting It was here that he joined the Marines, second week in February in remem- the St. Paul Baptist Church building faking appendicitis so he could avoid a Navy brance of the birthdays of two promi- on the Historical Register. The church, desk job and see combat in World War II. nent individuals in the history of Afri- established in 1909, was one of two Afri- And it was here that the handsome young can Americans—President Abraham can-American churches in Idaho and is Miamian broke into public service as an as- Lincoln, who promulgated the Emanci- sistant prosecutor, after which he kept as- now the home of the Idaho Black His- pation Proclamation, and Frederick cending and never looked back. tory Museum. Together with her hus- Douglass, one of the most renowned This community, this state—this is where band and fellow community leader, Dr. black abolitionists. In 1976, Black His- George Smathers devoted so much of his life. H. Lincoln Oliver, Ph.D., B.D., she I am honored that his family asked me to tory Week was officially expanded to a sought to meet the needs of the less pay him tribute. He has two wonderful sons, month-long celebration—Black History fortunate in the community by found- John and Bruce, and is survived by his de- Month, or African-American History ing the Treasure Valley Council for voted wife Carolyn. The fact of the matter is—my life has Month. Church and Social Action 25 years ago. Since 1926, the Association for the intersected with the family for 45 years. For her remarkable service, Dr. Oli- Even today, my desk in the chamber of the Study of Afro-American Life and His- ver was recognized as a Distinguished tory, ASALH, has established the na- United States Senate is the one used by Citizen by the Idaho Statesman and as George Smathers. tional theme for Black History Month. one of the ten Outstanding Women in I first met the Smathers’ family when I This year’s theme is ‘‘From Slavery to Idaho by the Boise March of Dimes. Dr. was a college intern in the senator’s office. Freedom: The Story of Africans in the Oliver was selected for the Jefferson But it is the friendship of one of George Americas.’’ Long after slavery was Award for Outstanding Public Service Smathers’ sons that has been especially im- portant in my life. abolished, people of African descent Benefiting Local Communities by the struggled for the basic rights afforded At a time in my young life when I lost both American Institute for Public Services parents, Bruce was more than a friend, he American citizens. This year’s theme and received the 2004 Women of Today was a brother. Bruce is always faithful, brings to light this quest for equality and Tomorrow Award from the Girl never waivers, always encourages. He is a and freedom during the age of emanci- Scouts of Silver Sage Council (Boise). loyal friend—a Smathers’ trait. pation, when Africans throughout the Dr. Oliver was appointed by Governor Bruce and I even introduced each other to Americas were emerging from the Evans to chair the first Martin Luther our wives. And ‘‘little’’ Bruce is my godson. bonds of slavery to take their rightful King, Jr., Task Force and by Governor As a kid, I’ll never forget attending the fu- place in society. The path was not an neral of President Kennedy with the senator Kempthorne to serve two terms on the and his sons, watching the rider-less horse easy one—independence and liberty re- Governor’s Coordinating Council for with the boots turned backward, following mained elusive for many. Yet through Families and Children. the caisson down Pennsylvania Ave. and the work of visible leaders and heroes Dr. Oliver and her late husband, Dr. across Memorial Bridge for the burial at Ar- and those individuals who quietly per- Lincoln Oliver, have two adult children lington.

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1518 CONGRESSIONAL RECORD — SENATE February 1, 2007 In the nine days since George Smathers When there was a vacancy in the assistant choice between paying for energy or has left us, many people have paused to re- majority leader, Lyndon Johnson asked paying for food and medicine. member. Smathers to fill that position. Today is the National Fuel Funds The senator had become quite a successful And then, when Johnson suffered his heart Network’s Washington Action Day for businessman and philanthropist, giving the attack and was out for seven months, LIHEAP and folks from many different University of Florida $20 million for its li- Smathers filled in as the acting majority braries, and the University of Miami $10 mil- leader. States will be walking the Halls of lion for its Wellness Center. When LBJ resumed his duties running the Congress to make sure we know how He was, in the words of his biographer, Senate, he asked his friend from Florida to important it is to fully fund LIHEAP. Brian Crispell, ‘‘congenial, humorous, and be his permanent assistant majority leader. As winter kicks into high gear, the respected as a highly effective orator and Johnson, who was not accustomed to hear- importance of the LIHEAP program is legislator.’’ ing the word no, had to accept just that from even more pronounced. According to He also has been described as prophetic. his friend from Florida. the Energy Information Administra- Indeed, he was so sure years ago that In 1956, the senator was considered for vice tion, American households spent an av- Miami would become a major international president, for the first of two times. erage of $948 in 2006 on their winter city and gateway to the rest of the hemi- During his Senate career, he chaired the sphere, that he insisted his sons learn to heating needs—an increase of $250 over Senate Democratic Campaign Committee the 2000–2001 winter season. That might speak Spanish. and is credited with passing legislation to The year was 1946 when he set his sights on help small businesses, reform immigration seem like a modest increase, but for Congress. and advance tourism for Florida. most Americans living paycheck to That’s when he took on a four-term incum- He helped upgrade transportation, and paycheck, it could have disastrous ef- bent U.S. congressman—and, with a group of fought for what would become, under JFK, fects on their household budgets. young turks in Miami he beat the odds. the Alliance for Progress in Latin America. LIHEAP assistance, which emphasizes That was quite a class that went to Wash- He also helped eliminate the poll tax, es- partnerships between utilities, chari- ington with him. It included the late Jacob tablish the Kennedy Space Center, set up the table organizations, and State govern- Javits and Hale Boggs. Permanent Select Committee on Aging and, The young congressman from South Flor- ments, is a highly effective and cost-ef- of course, set aside that natural wonder, Ev- ficient way for our country to help the ida soon became close with President Tru- erglades National Park, the ‘‘River of Grass’’ man, as the president would visit the Key that means so much to us in Florida. neediest families manage these incre- West White House for his retreats. In 1960, he was the southern chairman for mental increases in their home energy No one will ever forget one of Smathers’ Kennedy and Johnson; and that same year he costs. It has thus become an important earliest accomplishments, which was helping created a new judicial district for southern component of our social safety net. to create the Everglades National Park. Florida to handle an increasing case load. Not surprisingly, LIHEAP assistance While he was in the House of Representa- In the 1962 Cuban Missile Crisis, Smathers historically has been targeted to cold- tives, he also developed a passion for the pol- Beach in Key West, named after the senator, weather States in the Northeast and itics and peoples of Latin America, making was an antimissile battery. The world now some 14 trips there. Upper Midwest. In the State of Michi- knows just how close we came to a nuclear gan, for instance, more than 470,000 Many years later in the Senate, his col- exchange in the Cuban Missile Crisis. leagues would refer to him, in jest, as the Few know that George Smathers helped households received LIHEAP aid in Senator from Latin America. President Kennedy write the speech that 2006. In recent years, however, the pro- Everyone would laugh, and Senator warned the Soviet Union that any attack gram has been retooled in order to rec- Smathers would go along. But he would offer upon the United States from Cuba would be ognize the need to provide similar as- a disclaimer: Sure he had a specialty in for- considered an attack by the Soviet Union. sistance to warm-weather States in the eign affairs in the Western Hemisphere, but After the Kennedy assassination, Smathers his first duty was being the senator from South and Southwest to help their became a regular at the Johnson White Florida. neediest citizens meet their home cool- House and an adviser to LBJ. In 1968, he In 1948, the senator from Florida met Fidel ing needs. Last year, more than 6.2 mil- turned down presidential nominee Hubert Castro. And in a private conversation, Fidel lion households received assistance na- Humphrey’s offer of being his vice presi- told him he was going to take over Cuba. dential running mate. tionwide, including many new families Smathers always was leery of Castro. And The next year, he stepped out of public in the warm-weather areas. sure enough, 11 years later, Castro overthrew service and into private life, ending three Unfortunately, the LIHEAP program Batista. terms in the Senate and two terms in the has never been funded to its authorized While so many in America thought that House. level—which recently was raised to $5 was a good thing—ousting the hated dictator Among the many accolades he received, Batista—Smathers was one of the strongest billion as part of the Energy Policy Act perhaps the one he prized most came from anti-Castro voices around, saying, ‘‘Watch of 2005. Even though LIHEAP was fund- Louisiana’s Senator Russell Long. George out for this fellow. You better be careful.’’ ed at $3.1 billion in fiscal year 2006 the Leading up to the elections of 1950, Presi- Smathers, in Long’s words, ‘‘was a states- highest level ever—many who are eligi- dent Truman called Smathers to the White man.’’ ble remain unable to get help because House and asked him to run against Flor- During a lifetime of public service, he also was a good husband and father, a Marine, a there are simply not enough funds to ida’s incumbent Senator Claude Pepper. Ap- help them. We need to take a good, parently there had been a misunderstanding prosecutor, congressman, senator—a leader. In later years, George Smathers said when hard look at our funding efforts so that between Truman and Pepper, and the presi- we are not forced to make unfair dent still was angry. asked, that he’d like to be remembered as a Up to that point, Smathers had not seri- fellow ‘‘who worked hard for the people he choices between cold and warm-weath- ously considered the Senate. represented and did his best for his country.’’ er States, much less deny support to el- That 1950 campaign still is noted for re- That he will be and much more. igible recipients. marks supposedly made to play on the igno- Senator Smathers, thank you on behalf of Increased gas prices, unforeseen med- rance of certain voters. a grateful nation. ical bills, sudden unemployment, or Years later, Smathers decided to debunk f any other unexpected situation that the myth by offering a $10,000 personal re- LIHEAP FUNDING causes a family’s living costs to rise ward to anyone who could authenticate and while their income stays fixed, forces verify his alleged comments. Ms. STABENOW. Mr. President, I families to make some truly hard Nobody could. rise today to speak about a very impor- When he went to the Senate, George choices. But no one should have to Smathers joined the ‘‘club.’’ There were gi- tant Federal program that helps hun- choose between the need to heat and ants. Symington of Missouri, Johnson of dreds of thousands of Michigan fami- the need to eat. At its foundation, the Texas, Dirksen of Illinois, Kerr of Oklahoma, lies and millions of Americans across LIHEAP program helps these families Kennedy of Massachusetts. And right there the country. The Low Income Home deal with one of the most basic of their with them were Smathers and Holland, of Energy Assistance Program, known as needs—a warm home in wintertime as Florida. LIHEAP, is critically important for they work to regain their footing. Smathers became close friends with John families and seniors who struggle to Today, the National Fuel Funds Net- Kennedy, and was one of the best men in the pay high energy bills to heat their work has mobilized a coalition of char- wedding party when JFK married Jacqueline Bouvier. homes in the winter and cool their itable organizations such as the Salva- LBJ depended on George Smathers, too, homes in the summer. Without tion Army and The Heat And Warmth even though they differed on a number of LIHEAP, many of these households Fund, THAW, utilities such as CMS En- issues. would be forced to make the impossible ergy and DTE Energy of Michigan,

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1519 State government officials, and low-in- erties: the right to live in peace. It is UC Riverside campus, and agronomists come constituents to meet with con- our responsibility as U.S. Senators, as from Davis were welcomed to join in gressional offices to educate Congress Americans, and as humanitarians to do the research efforts. A Dry Lands Re- about the LIHEAP program and make all that we can to bring about an end search Institute was added in 1963, and the case for greater funding. I com- to this world crisis. in the year following, the UC Riverside mend the organizers and participants f campus added a Department of Agricul- of today’s Washington Action Day for tural Engineering. The year after this, ADDITIONAL STATEMENTS LIHEAP, and I urge my colleagues to the Department of Agronomy accepted support and fully fund the LIHEAP further work from UCLA on turf program. By supporting this important USC-RIVERSIDE CITRUS RESEARCH grasses. program, we are supporting hard-work- CENTER With the expansion of research into all of these areas, it became clear that ing American families. It is the right ∑ Mrs. BOXER. Mr. President, today I thing to do. the university did not simply research ask my colleagues to join me in recog- citrus, and the Citrus Experiment Sta- f nizing 100 years of groundbreaking re- tion was appropriately renamed the DARFUR search and education at the University Citrus Research Center and Agricul- of California Riverside’s Citrus Re- Mr. PRYOR. Mr. President, In reflec- tural Experiment Station, CRC–AES, search Center—Agricultural Experi- tion of the New Year, I have thought in 1961. A full college devoted to this ment Station. This year, the university about what I wanted my New Year’s research effort was added in 1974, estab- celebrates a century of improving our resolution to be. I had a wonderful hol- lishing the College of Natural and Nation’s agriculture, environment, and iday that I was fortunate to spend with Agricultrual Sciences. natural resources. my family, and I thought about those Today, UC Riverside agricultural and The idea behind the creation of a cit- natural science researchers pave the in the world who did not have that rus experiment center began with the same opportunity. World peace is our way for many of our Nation’s impor- pioneering work of Riverside citrus tant scientific advances. Studies in ambition, but, today I want to speak grower John Henry Reed, who first pro- about our hope for the people of plant sciences and environmental and posed the idea in 1900. At the time Riv- natural resources continue to improve Darfur, Sudan. erside was the hub of a rapidly expand- I rise to add my voice, and that of my the quality of life for our Nation and ing citrus industry, in part because re- our planet. As the Citrus Research Cen- constituency, on the crisis in Darfur. frigeration made nationwide shipments Everyday I hear from Arkansans con- ter—Agricultural Experiment Station possible. His proposal became a reality at the University of California, River- cerned about the escalating chaos and in 1905 when the California Legislature destruction happening in Darfur. side celebrates its centennial, I ap- passed a measure authorizing the es- plaud the tremendous efforts and ad- Whether it is through church groups, tablishment of the Citrus Experiment schools, the newspaper, Internet, or the vances and look forward to another Station in Riverside. By 1907, the Cit- century of progress.∑ television, the reports from Darfur are rus Experiment Station became an shocking and disturbing. Darfur, open branch of the Statewide Agricul- f Sudan, is 7,117 miles away from Little tural Experiment Station of the Uni- TRIBUTE TO 2006 KENTUCKY Rock, AR, but it is not removed from versity of California. DERBY WINNER BARBARO the thoughts and prayers of our citi- From that time on, the Citrus Exper- ∑ Mr. BUNNING. Mr. President, today I zens. iment Station continued to grow and wish to pay tribute to the life of The statistics on this crisis are develop, to become one of California’s Barbaro, the 2006 Kentucky Derby heartbreaking. It has been estimated premier agricultural research institu- Champion. He was an inspirational sur- that between 200,000 and 400,000 people tions. In 1914, the station maintained a vivor and was beloved by the State of have been killed and thousands of staff of 18 with an annual budget of Kentucky. Barbaro’s motivational rise women have been raped. Over 2 million $60,000. Over the next 40 years, the Ex- to the top of horse racing history and people have been displaced. Their lives periment Station’s research area grew relentless fight for his life against all have been completely uprooted, and from 30 acres to almost 1,000 acres, and odds, serves as a shining example of their only chance of survival is refugee staff grew to 265. strength and courage to us all. camps. These makeshift camps provide During that time, Leon D. Bachelor, Barbaro first entered this world on little shelter and are subjected to raids as director, worked to initiate many of April 29, 2003, when he was foaled in by armed militias. Aid workers and or- the long-term fertilizer experiments Nicholasville, KY, at Springmint ganizations have recently pulled out of and worked to ensure the strength of Farm. He is the son of the great cham- the region due to safety concerns, and the walnut industry through disease pion racehorse Dynaformer and was the conflict is spreading to neighboring research. During his tenure, shipping destined to be a champion from the be- countries, destabilizing governments and processing of produce was vastly ginning. that may be ill-equipped to integrate improved, and improvements were im- Barbaro was always a favorite of the an influx of refugees. Moreover, the Su- plemented in citrus rootstocks, disease crowd, but it was his performance at danese government has restricted resistance, and fruit quality. the Kentucky Derby, May 6, 2006, that media and diplomatic access to the re- While this was taking place, facili- would make him a legend. He ended up gion. ties and physical plant construction winning the Derby with a lead of seven While the United States has taken continued to increase as more research lengths, which was the largest margin considerable actions to support an end stations and research buildings were of victory since 1946. Because of this to the horrible violence in Darfur, the being built. In 1954 Weber Hall was con- spectacular race, many people believed situation continues to deteriorate. structed, the U.S. Department of Agri- Barbaro was destined for greatness in Darfur is the world’s crisis, and we culture’s Boyden Entomological Lab- the horse racing industry and favored must do more to ensure that an effec- oratory was built in 1961, and research him to go on to win the Triple Crown tive peacekeeping force is in place to property increased to 1,100 acres. There of Thoroughbred Racing. stem the escalating rape, murder, and were also advances in research focus, Later that same year, Barbaro ran destruction. beginning in 1955 with the arrival of a the Preakness Stakes on May 20, 2006, I am hopeful that the United Na- vegetable crops group from UC Davis. as the crowd favorite. After an initial tions’ most recent effort will work. I During the next year, the Department false start through the starting gate am encouraged that so many humani- of Nematology and the Biometrical and signs of distress early on in the tarian organizations have worked tire- Laboratory were established. Work race, it was clear that Barbaro had sus- lessly to find a resolution to this mat- also came from UCLA focusing on ento- tained a severe injury. Laboratory ter. It is my wish that peace and sta- mology and plant pathology on tests showed that he had fractured bility will come to Darfur in 2007. ornamentals. three bones in and around his ankle The people of Darfur have been de- Just after this, the Air Pollution Re- and right hind leg. This resulted in im- prived of the most basic of human lib- search Center was established on the mediate surgery and many subsequent

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1520 CONGRESSIONAL RECORD — SENATE February 1, 2007 surgeries. A last effort was made by undergraduate degree in biology at On February 8, a dinner will be held doctors to save Barbaro, but their con- Boston University, his M.A. in Philos- in honor of Marvin Farbman’s many tinued efforts proved to be unsuccessful ophy from the University of Western contributions to Connecticut Legal and caused his current ailments to Ontario, and finally his law degree at Services and the field of legal represen- spread farther through his body. Al- the University of Connecticut, where tation for low-income families. This though he kept fighting to recover, it he graduated with honors. Connecticut dinner will be a wonderful tribute to was clear to everyone that he was in Legal Services hired him as a staff at- Marvin’s dedication to serving under- monumental pain. On January 29, 2007, torney, where he quickly took on more privileged residents of Connecticut. Barbaro’s owners decided that his pain than 100 client cases per year, serving Once again, I extend my deep thanks was too much to handle and he was laid as counsel for low-income Connecticut to Marvin Farbman for his long legacy to rest. families. of service to his community, to the Barbaro had a unique, motivational Over the past 30 years, Marvin people of Connecticut, and to our Na- quality that made him the object of Farbman worked tirelessly to provide tion. I wish to congratulate him, his care and affection from the public in a better housing for low-income resi- wife Evelyn, and his sons Daniel and way that few animals before him have dents of Connecticut. Only a year after Herschel on this wonderful occasion, ever experienced. He will be terribly joining the staff of Connecticut Legal and I wish him well as he embarks on missed but never forgotten. Barbaro Services, he created Equity in Housing, this new chapter in his life.∑ was a champion, a fighter, and a true a ground-breaking housing cooperative inspiration to the entire State of Ken- that continues serving low-income f tucky.∑ households today. Within 2 years, Mr. RICHARD M. SHAPIRO Farbman was promoted to the position f ∑ of managing attorney of the Middle- Mr. KOHL. Mr. President, I express TRIBUTE TO CAPTAIN BRIAN town office of Connecticut Legal Serv- my gratitude and thanks to Richard M. GLACKIN ices. Shapiro for his many years of service ∑ Mr. COCHRAN. Mr. President, I am During his years as managing attor- to the Members and staff of the Con- pleased to congratulate CAPT Brian ney, Mr. Farbman continued to lead gress. I and other Members honor him Glackin upon the completion of his ca- the fight for low-income housing im- for his dedication to this great institu- reer of service in the U.S. Navy. provements both in and out of the tion, his tireless work on its behalf, Throughout his 23 year military career, courtroom. He served as lead counsel in and the countless ways in which he has Captain Glackin served with distinc- several influential court cases, includ- helped us serve the public over nearly tion and dedication. ing Korsko v. Harris, which stopped the three decades, including almost two A native of Lansdale, PA, Captain conversion of a federally-subsidized decades as executive director of the Glackin received a bachelor’s degree in 200-unit housing project into private Congressional Management Founda- lectrical engineering from Villanova condominiums with no assistance for tion. University prior to being commissioned low-income residents, Nelson v. Heintz, Mr. Shapiro began his impressive ca- as an Ensign in 1984. a successful lawsuit against the City of reer in 1978 here in the Senate, when he During his career he accumulated Bridgeport to obtain more reasonable was a staff investigator at the former over 4,000 hours of flight time, includ- shelter payment levels for low-income Permanent Subcommittee on Inves- ing over 400 hours of combat time in citizens, and Father Panik Village Ten- tigations. After receiving a master’s Iraq, Afghanistan, and the former Re- ants Assoc. v. Cisneros, which obtained degree in public policy from Princeton public of Yugoslavia. He has over 900 a preliminary court settlement requir- University, Mr. Shapiro returned to carrier arrested landings; and even ing the Bridgeport Housing Authority Congress as the staff director for the more impressive over 300 of these took to replace more than 1,000 demolished former House Post Office and Civil place at night. Captain Glackin com- public housing units. Service Subcommittee on Investiga- pleted seven deployments while serving Mr. Farbman’s dedication and con- tions and later became staff director at on the aircraft carriers USS Ranger, tinued success in court was matched by the House Small Business Sub- USS Roosevelt, USS Independence, and the success of his other efforts to im- committee on Regulations and Busi- USS Enterprise. He completed two over- prove the community. In 1985, he led ness Opportunities. In those positions, seas tours, including a tour forward de- the effort to create the Middlesex Red he continued to learn Congress inside ployed with the U.S. Navy’s Seventh Cross homeless shelter, the first apart- and out, especially the importance of Fleet in Japan. He commanded a ment-based family shelter in Con- good management in the formation of squadron of EA–6B Prowlers aboard necticut. He also organized a local coa- effective teams and the unique chal- USS Enterprise in the fight against the lition to renovate Arriwani Hotel, a lenges facing managers in Congress. Taliban in Afghanistan following the single room flophouse, into a nonprofit This experience led him to become dep- horrific attacks of September 11. apartment building with support serv- uty executive director of the Congres- Captain Glackin’s family and ship- ices for residents. sional Management Foundation in 1988, mates can be proud of his distinguished When he was promoted to executive and just 1 year later he became execu- service. His wife Maureen and their two director of CLS in 1995, Mr. Farbman tive director. children, Ann and Owen, also deserve successfully guided the agency in the During his years at CMF, Rick has praise for the sacrifices they made in establishment of an operating plan to undertaken numerous strategies with support of Captain Glackin’s naval ca- begin rebuilding its service capacity. just one goal—helping Congress do the reer. As he departs the Pentagon to his Over his tenure as executive director, public’s business more efficiently and second career, I call upon my col- Connecticut Legal Services handled ap- effectively. His efforts as a manage- leagues to wish Brian and his family proximately 50,000 client cases, improv- ment consultant have involved count- every success, and the traditional Navy ing the lives of countless Connecticut less office retreats, staff surveys, indi- ‘‘fair winds and following seas.’’∑ residents and the communities where vidual assessments, and strategic plan- f they live. ning sessions. Rick has also delivered Millions of Americans live in pov- dozens of training programs to address HONORING MARVIN FARBMAN erty, and many must depend on people the needs of legislative and support ∑ Mr. DODD. Mr. President, today I like Marvin Farbman to fight for their staff. He has also authored and coau- honor a dedicated public servant, basic needs in court. Mr. Farbman has thored several books including the bi- Marvin Farbman, who is retiring after dedicated his life to improving the annual ‘‘House and Senate Staff Salary 30 years of tireless work at Connecticut lives of low-income families, and his Survey, Frontline Management, and Legal Services, CLS, on behalf of the influence can be seen throughout Con- Setting Course; A Congressional Man- people of Connecticut. necticut. For his dedicated service, agement Guide’’ which has proved to be Mr. Farbman came to Connecticut Connecticut, and indeed, the whole na- an invaluable guide for hundreds of Legal Services in 1977 with an impres- tion owe him a tremendous debt of new Members as they arrive in Con- sive academic record. He received his gratitude. gress. Rick has also undertaken a wide

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1521 range of activities to help Congress ef- H.J. Res. 20. Joint resolution making fur- By Mr. ALLARD (for himself and Mr. fectively move into the Digital Age, in- ther continuing appropriations for the fiscal SALAZAR): cluding recommendations on Web site year 2007, and for other purposes. S. 472. A bill to authorize a major medical facility project for the Department of Vet- design and managing Internet commu- S. 470. A bill to express the sense of Con- gress on Iraq. erans Affairs at Denver, Colorado; to the nications. Committee on Veterans’ Affairs. I can speak directly to the terrific f By Mr. GRASSLEY: work that Rick has done over the years EXECUTIVE AND OTHER S. 473. A bill to improve the prohibitions because for more than a decade he has COMMUNICATIONS on money laundering, and for other purposes; played a critical role in helping me and to the Committee on the Judiciary. my staff manage the challenges and The following communications were By Mrs. HUTCHISON (for herself and take advantage of opportunities we laid before the Senate, together with Mr. CORNYN): S. 474. A bill to award a congressional gold have in representing the people of Wis- accompanying papers, reports, and doc- uments, and were referred as indicated: medal to Michael Ellis DeBakey, M.D; to the consin here in the Senate. That assist- Committee on Banking, Housing, and Urban ance has taken a wide variety of forms, EC–577. A communication from the Direc- Affairs. ranging from multiday all-staff re- tor, Office of Human Resources Management, By Mr. DOMENICI (for himself and Mr. Consumer Product Safety Commission, treats, to staff surveys and analysis, to BINGAMAN): transmitting, pursuant to law, the Commis- S. 475. A bill to increase the number of individual staff assessment and advice. sion’s report on category rating; to the Com- He has helped us design annual evalua- Deputy United States Marshals that inves- mittee on Commerce, Science, and Transpor- tigate immigration crimes; to the Com- tions, improve our salary and bonus tation. mittee on the Judiciary. structure, design our Web site, improve EC–578. A communication from the Comp- By Mr. GRASSLEY (for himself and our mail system, and—perhaps most troller General of the United States, trans- Mr. SESSIONS): importantly—step back and assess our mitting, pursuant to law, a report relative to S. 476. A bill to amend chapter 3 of title 28, environment regularly to be sure we employees who were assigned to congres- United States Code, to provide for 11 circuit are doing our best for the people of sional committees during fiscal year 2005; to judges on the United States Court of Appeals the Committee on Homeland Security and Wisconsin. for the District of Columbia Circuit; to the Governmental Affairs. Committee on the Judiciary. Rick’s efforts on behalf of our office EC–579. A communication from the Insur- reflect the amazing dedication and By Mr. CRAPO (for himself and Mr. ance Policy Division, Office of Personnel CRAIG): commitment that he has brought to Management, transmitting, pursuant to law, S. 477. A bill to authorize the Secretary of every task over the years. There is the report of a rule entitled ‘‘Federal Em- the Interior to convey certain land and im- never any question too small—or any ployees Health Benefits: Payment of Pre- provements of the Gooding Division of the hour too late—for him to make himself miums for Periods of Leave Without Pay or Minidoka Project, Idaho; to the Committee available to offer advice. His thought- Insufficient Pay’’ (RIN3206–AG66) received on on Energy and Natural Resources. ful analysis has been critical to many January 31, 2007; to the Committee on Home- By Mr. MCCAIN (for himself and Mr. land Security and Governmental Affairs. decisions I have made over the years, FEINGOLD): f S. 478. A bill to amend the Federal Election and I am grateful for his assistance at Campaign Act of 1971 to replace the Federal many key junctures in my career. I REPORTS OF COMMITTEES Election Commission with Federal Election know that my office operates much Administration, and for other purposes; to more efficiently and effectively today The following reports of committees the Committee on Rules and Administration. thanks to his advice over the years. were submitted: By Mr. HARKIN (for himself, Mr. Beyond his work with my office, I By Mr. BIDEN, from the Committee on GRASSLEY, Mr. ROCKEFELLER, Ms. would also like to honor Rick for his Foreign Relations, without amendment: SNOWE, Mr. DURBIN, Mr. SMITH, Mr. dedication in continuing and dramati- S. Res. 64. An original resolution author- LAUTENBERG, Mr. THUNE, Mr. KERRY, izing expenditures by the Committee on For- Mr. BROWNBACK, and Mr. SCHUMER): cally expanding the work of CMF. Non- eign Relations. S. 479. A bill to reduce the incidence of sui- profit organizations are a bit like res- cide among veterans; to the Committee on f taurants—many of them open every Veterans’ Affairs. year, but few of them last. Ultimately, EXECUTIVE REPORT OF By Mr. KOHL (for himself, Mr. HATCH, those that survive do so as a result of COMMITTEE and Mr. SPECTER): the tireless dedication of a very small S. 480. A bill to amend the Antitrust Mod- The following executive report of a group of people, and in the case of ernization Commission Act of 2002, to extend nomination was submitted: the term of the Antitrust Modernization CMF, Rick has helped them not only By Mr. DORGAN for the Committee on In- Commission and to make a technical correc- survive but to thrive and grow. During tion; to the Committee on the Judiciary. his tenure, the budget for CMF has dian Affairs. *Carl Joseph Artman, of Colorado, to be an By Mr. CONRAD (for himself, Mr. more than quadrulpled, while the staff Assistant Secretary of the Interior. DOMENICI, Mr. DORGAN, Mr. MCCAIN, has doubled and the work done for Con- Mr. BINGAMAN, Mr. KOHL, and Mr. *Nomination was reported with rec- gress has grown exponentially. As I THUNE): ommendation that it be confirmed sub- mentioned earlier, Rick and CMF have S. 481. A bill to recruit and retain more ject to the nominee’s commitment to undertaken a wide range of activities qualified individuals to teach in Tribal Col- respond to requests to appear and tes- leges or Universities; to the Committee on on behalf of Congress. Ultimately, Rick tify before any duly constituted com- Indian Affairs. and CMF have a ‘‘whatever it takes’’ mittee of the Senate. By Mr. CHAMBLISS: attitude, and we in Congress have been S. 482. A bill for the relief of Charles the beneficiaries of that intensity, cre- f Nyaga; to the Committee on the Judiciary. By Mr. CHAMBLISS: ativity, and dedication. INTRODUCTION OF BILLS AND In conclusion, I would like to honor S. 483. A bill for the relief of Salah Naji JOINT RESOLUTIONS Rick for his tireless dedication to as- Sujaa; to the Committee on the Judiciary. sisting Senators, Congressmen, staff, The following bills and joint resolu- By Mr. ENZI (for himself and Mr. KEN- tions were introduced, read the first NEDY): and the entire institution of the Con- S. 484. A bill to amend the Public Health gress in our efforts to better serve the and second times by unanimous con- Service Act and the Federal Food, Drug, and American people. We are grateful for sent, and referred as indicated: Cosmetic Act to improve drug safety and all of his hard work over the years, and By Mr. HAGEL (for himself and Mr. oversight, and for other purposes; to the we look forward to working with him NELSON of Nebraska): Committee on Health, Education, Labor, and again in the future.∑ S. 471. A bill to authorize the Secretary of Pensions. Interior to convey to The Missouri River By Mr. KERRY (for himself and Ms. f Basin Lewis and Clark Interpretive Trail and SNOWE): MEASURES PLACED ON THE Visitor Center Foundation, Inc. certain Fed- S. 485. A bill to amend the Clean Air Act to CALENDAR eral land associated with the Lewis and establish an economy-wide global warming Clark National Historic Trail in Nebraska, pollution emission cap-and-trade program to The following bill and joint resolu- to be used as an historical interpretive site assist the economy in transitioning to new tion were read the second time, and along the trail; to the Committee on Energy clean energy technologies, to protect em- placed on the calendar: and Natural Resources. ployees and affected communities, to protect

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1522 CONGRESSIONAL RECORD — SENATE February 1, 2007 companies and consumers from significant paid leave for Federal employees giving S. 402 increases in energy costs, and for other pur- birth and for other purposes. At the request of Mrs. LINCOLN, the poses; to the Committee on Finance. S. 254 names of the Senator from South Caro- By Mr. KENNEDY (for himself, Mr. At the request of Mr. ENZI, the names lina (Mr. DEMINT) and the Senator DURBIN, Mrs. CLINTON, Mr. HARKIN, from Oklahoma (Mr. INHOFE) were Mr. ROCKEFELLER, Mr. KERRY, and of the Senator from New Mexico (Mr. added as cosponsors of S. 402, a bill to Mr. SCHUMER): DOMENICI), the Senator from Maine S. 486. A bill to establish requirements for (Ms. SNOWE) and the Senator from amend the Internal Revenue Code of lenders and institutions of higher education Florida (Mr. MARTINEZ) were added as 1986 to allow a deduction for qualified in order to protect students and other bor- cosponsors of S. 254, a bill to award timber gains. rowers receiving educational loans; to the posthumously a Congressional gold S. 413 Committee on Health, Education, Labor, and medal to Constantino Brumidi. At the request of Mrs. CLINTON, the Pensions. S. 261 name of the Senator from New Jersey By Mr. LEVIN (for himself, Mr. BOND, (Mr. LAUTENBERG) was added as a co- At the request of Ms. CANTWELL, the Mr. DORGAN, Mr. GRAHAM, Mr. DUR- sponsor of S. 413, a bill to amend the BIN, Ms. MIKULSKI, Mr. PRYOR, and names of the Senator from Indiana Bank Holding Company Act of 1956 and Mr. CARDIN): (Mr. LUGAR), the Senator from North the Revised Statutes of the United S. 487. A bill to amend the National Organ Carolina (Mrs. DOLE) and the Senator States to prohibit financial holding Transplant Act to clarify that kidney paired from Nebraska (Mr. HAGEL) were added companies and national banks from en- donations shall not be considered to involve as cosponsors of S. 261, a bill to amend gaging, directly or indirectly, in real the transfer of a human organ for valuable title 18, United States Code, to consideration; to the Committee on Health, estate brokerage or real estate man- Education, Labor, and Pensions. strengthen prohibitions against animal agement activities, and for other pur- fighting, and for other purposes. f poses. S. 355 S. 430 SUBMISSION OF CONCURRENT AND At the request of Mr. DOMENICI, the SENATE RESOLUTIONS At the request of Mr. LEAHY, the name of the Senator from Idaho (Mr. names of the Senator from Colorado The following concurrent resolutions CRAIG) was added as a cosponsor of S. (Mr. SALAZAR) and the Senator from and Senate resolutions were read, and 355, a bill to establish a National Com- Washington (Ms. CANTWELL) were referred (or acted upon), as indicated: mission on Entitlement Solvency. added as cosponsors of S. 430, a bill to By Mr. BIDEN: S. 359 amend title 10, United States Code, to S. Res. 64. An original resolution author- At the request of Mr. KENNEDY, the enhance the national defense through izing expenditures by the Committee on For- name of the Senator from Michigan empowerment of the Chief of the Na- eign Relations; from the Committee on For- (Mr. LEVIN) was added as a cosponsor of tional Guard Bureau and the enhance- eign Relations; to the Committee on Rules S. 359, a bill to amend the Higher Edu- ment of the functions of the National and Administration. cation Act of 1965 to provide additional By Mr. BIDEN: Guard Bureau, and for other purposes. S. Res. 65. A resolution condemning the support to students. S. 433 murder of Turkish-Armenian journalist and S. 368 At the request of Mr. OBAMA, the human rights advocate Hrant Dink and urg- At the request of Mr. BIDEN, the name of the Senator from Vermont ing the people of Turkey to honor his legacy name of the Senator from Missouri (Mr. LEAHY) was added as a cosponsor of tolerance; to the Committee on Foreign (Mrs. MCCASKILL) was added as a co- of S. 433, a bill to state United States Relations. sponsor of S. 368, a bill to amend the policy for Iraq, and for other purposes. By Mr. KERRY (for himself, Mr. KEN- Omnibus Crime Control and Safe S. 439 NEDY, and Mr. LEAHY): Streets Act of 1968 to enhance the S. Res. 66. A resolution honoring the life, At the request of Mr. REID, the achievements, and distinguished career of COPS ON THE BEAT grant program, names of the Senator from New Mexico the Reverend Robert F. Drinan, S.J; consid- and for other purposes. (Mr. BINGAMAN) and the Senator from ered and agreed to. S. 374 Nebraska (Mr. NELSON) were added as By Mrs. DOLE: At the request of Mr. DOMENICI, the cosponsors of S. 439, a bill to amend S. Res. 67. A resolution designating March name of the Senator from Virginia (Mr. title 10, United States Code, to permit 2007 as ‘‘Go Direct Month’’; considered and WARNER) was added as a cosponsor of S. certain retired members of the uni- agreed to. 374, a bill to amend the Internal Rev- formed services who have a service- By Mr. INHOFE (for himself, Mr. enue Code of 1986 to provide the same connected disability to receive both COBURN, and Mr. ISAKSON): disability compensation from the De- S. Res. 68. A resolution commending the capital gains treatment for art and col- Miss America Organization for its long- lectibles as for other investment prop- partment of Veterans Affairs for their standing commitment to quality education erty and to provide that a deduction disability and either retired pay by and the character of women in the United equal to fair market value shall be al- reason of their years of military serv- States; considered and agreed to. lowed for charitable contributions of ice or Combat-Related Special Com- By Mr. VITTER (for himself and Ms. literary, musical, artistic, or scholarly pensation. LANDRIEU): compositions created by the donor. S. 455 S. Con. Res. 8. A concurrent resolution ex- MITH S. 388 At the request of Mr. S , his pressing the support of Congress for the cre- name was added as a cosponsor of S. At the request of Mr. THUNE, the ation of a National Hurricane Museum and 455, a bill to amend the Internal Rev- Science Center in southwest Louisiana; to names of the Senator from Louisiana enue Code of 1986 to provide tax relief the Committee on Commerce, Science, and (Mr. VITTER), the Senator from Wyo- to active duty military personnel and Transportation. ming (Mr. ENZI) and the Senator from employers who assist them, and for Kansas (Mr. ROBERTS) were added as f other purposes. ADDITIONAL COSPONSORS cosponsors of S. 388, a bill to amend title 18, United States Code, to provide S. 470 At the request of Mr. BIDEN, his name S. 65 a national standard in accordance with was added as a cosponsor of S. 470, a At the request of Mr. INHOFE, the which nonresidents of a State may bill to express the sense of Congress on name of the Senator from Idaho (Mr. carry concealed firearms in the State. Iraq. CRAPO) was added as a cosponsor of S. S. 398 At the request of Mr. SALAZAR, his 65, a bill to modify the age-60 standard At the request of Mr. DORGAN, the name was added as a cosponsor of S. for certain pilots and for other pur- name of the Senator from Idaho (Mr. 470, supra. poses. CRAPO) was added as a cosponsor of S. At the request of Mr. LEVIN, the S. 80 398, a bill to amend the Indian Child name of the Senator from Louisiana At the request of Mr. STEVENS, the Protection and Family Violence Pre- (Ms. LANDRIEU) was added as a cospon- name of the Senator from Texas (Mrs. vention Act to identify and remove sor of S. 470, supra. HUTCHISON) was added as a cosponsor of barriers to reducing child abuse, to At the request of Mr. NELSON of Flor- S. 80, a bill to amend title 5, United provide for examinations of certain ida, his name was added as a cosponsor States Code, to provide for 8 weeks of children, and for other purposes. of S. 470, supra.

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1523 S. CON. RES. 7 miere Veterans hospitals through 424,000 veterans who live in Colorado, At the request of Mr. BIDEN, his name World War II. Fitzsimons was even un- and many more who live in nearby was added as a cosponsor of S. Con. officially deemed the ‘‘White House of States, with the best available health Res. 7, a concurrent resolution express- the West’’ when President Eisenhower care. Our veterans deserve the best, ing the sense of Congress on Iraq. spent 7 weeks in the facility while re- and Fitzsimons will be the best. At the request of Mr. HAGEL, his covering from a heart condition in 1955. Since the VA identified the name was added as a cosponsor of S. Fitzsimons Hospital was even the Fitzsimons VA Hospital as one of its Con. Res. 7, supra. birthplace of my colleague, Senator top medical construction projects in At the request of Mr. SALAZAR, his KERRY. 2004, I have fought to move this project name was added as a cosponsor of S. The new facility will provide an ex- forward, although we’ve encountered Con. Res. 7, supra. ample of successful collaboration be- some hurdles along the way. S. RES. 23 tween numerous parties and will be the But we are making progress. I helped At the request of Mr. SMITH, his culmination of years of hard work. The bring all the stakeholders together in name was added as a cosponsor of S. Denver VA, the University of Colorado 2005 so that supporters of the project, Res. 23, a resolution designating the Health Sciences Center and the Univer- and advocates for veterans’ health week of February 5 through February sity of Colorado Hospital already have care, could speak with one voice on 9, 2007, as ‘‘National School Counseling a complex and rewarding partnership Fitzsimons. Thanks in part to this dia- Week’’. in meeting veterans’ healthcare needs logue, in February of 2006 the VA fi- f in the region, and all are partnered to- nally reached agreement with the gether on this unique project. The Uni- Fitzsimons Authority on the purchase STATEMENTS ON INTRODUCED versity of Colorado, who currently price of 24 acres at the site. BILLS AND JOINT RESOLUTIONS owns the land for the new hospital, And just 2 months ago, in December, By Mr. ALLARD (for himself and strongly supports the move of the ex- I was pleased that the omnibus vet- Mr. SALAZAR): isting Denver VA medical facility to erans’ bill we passed, S. 3421, included a S. 472. A bill to authorize a major the Fitzsimons Campus in Aurora, CO, $98 million authorization for medical facility project for the Depart- and looks forward to strengthening Fitzsimons that was so desperately ment of Veterans Affairs at Denver, their partnership with the Veterans needed to keep the project on track. Colorado; to the Committee on Vet- Administration, allowing each entity Senator ALLARD and I fought hard for erans’ Affairs. to focus on its strengths. that authorization because it allowed Mr. ALLARD. Mr. President, today I Of course, the biggest endorsement of the VA to use unspent project funds am introducing a bill to fully authorize this new facility comes ultimately from previous years, and to begin the necessary funds needed to complete from the end-users: our veterans. The spending more on the critical initial the construction of a new VA medical United Veterans Committee of Colo- phases of the project. facility near Denver, CO. I am joined rado, a coalition of 45 federally char- Today, Senator ALLARD and I are in- by my colleague Senator SALAZAR on tered veterans’ service organizations, troducing a bill that will complete the this important legislation. Thankfully, strongly supports the relocation of the authorization for Fitzsimons VA Hos- Congress authorized approximately 16 Denver VA medical center to the pital. Our bill authorizes the remaining percent of the needed funds for this Fitzsimons campus and has worked $523 million necessary to complete the project last year in order to finalize closely with my office and the Colo- project. It is a straightforward bill that planning and site acquisition. That is a rado congressional delegation over the we should pass as soon as possible to promising start that enables the years to ensure its success. ensure we don’t run into any costly project planners to begin the serious Of course, not too long ago it looked construction delays down the road. business of building this hospital. Al- like this project was in peril. Thank- I spoke with Secretary Nicholson though this was a tremendous step for- fully, in 2005 Secretary Nicholson about this project just last week, and ward, there is still a great deal more brought a much-needed, fresh perspec- he reiterated his commitment to get- that needs to be accomplished in order tive to this project. He made it a pri- ting this project done as soon as pos- for this hospital to become a reality. ority and made it clear to the entire sible. Just as the VA must keep The current Denver VA hospital was Colorado delegation that he would pur- Fitzsimons at the top of its priority built ‘‘more than 50 years ago and as sue every opportunity to make the list, so too should Congress do its part we are all well aware, medical tech- project a reality. I commend his efforts by completing the authorization for nology has far surpassed what the and thank him for his support. It is the project. builders of the Denver VA originally also important to mention the hard I look forward to the day when our envisioned. This facility, which hosted work and diligence of those in Colorado veterans can enjoy the benefits of a the first liver transplant in 1963, has who have also worked to ensure the new state-of-the-art facility at provided tremendous care over the success of this new hospital. Without Fitzsimons. They have more than years, but simply does not have the in- the extraordinary efforts put forth by earned the high quality care they will frastructure to continue to provide our the Fitzsimons Redevelopment Author- receive there, and I urge this body to veterans the care they need in the 21st ity and its chairman, city of Aurora keep the project on track by passing century. While I cannot say enough Mayor Ed Tauer, an agreement would this bill as soon as possible. about the care and service our veterans not have been reached on the ultimate receive at the current facility, many location of the Hospital. By Mr. GRASSLEY: changes and improvements can and I strongly support authorization of S. 473. A bill to improve the prohibi- should be made, and a new facility is this hospital and look forward to see- tions on money laundering, and for the only way to accomplish these ing the completion of the new VA med- other purposes; to the Committee on goals. ical facility which undoubtedly will the Judiciary. This new VA hospital to be located at serve as a regional beacon for modern Mr. GRASSLEY. Mr. President, I rise Fitzsimons campus and the former veteran medical care science not only to speak in support of a bill that I am home of the Fitzsimons Army Medical for veterans in Colorado but through- introducing today, the Combating Center will carry on a strong tradition out the entire Rocky Mountain region Money Laundering and Terrorist Fi- of providing exceptional medical care as well. nancing Act of 2007. for our Nation’s best and bravest citi- Mr. SALAZAR. Mr. President, today The life-blood of any criminal organi- zens. The current Fitzsimons campus Senator ALLARD and I are introducing zation or enterprise is money. Whether first began treating wounded veterans a bill that will authorize full funding engaged in drug dealing or terrorism, in 1918, specializing in assisting those for a state-of-the-art veterans’ hospital criminals cannot operate without who had been victims of chemical at the Fitzsimons campus in Aurora, money. The targeting of efforts by weapons in world War I. The facility CO. criminals to hide illegitimate funds in continued to grow through the 20th This crown jewel of our veterans’ legitimate financial institutions has century and became one of the pre- health system will serve more than long been a focus of law enforcement.

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1524 CONGRESSIONAL RECORD — SENATE February 1, 2007 Yet like all other aspects of criminal This will significantly reduce the time rency in the world and the backbone of activity, money laundering continues and expense incurred by the courts in many other nations’ economies. To to evolve into newer and more complex these cases, versus the current method help ensure continued stability of the forms. This is particularly true in the of charging each and every violation Greenback worldwide, my bill will funding of terrorist organizations and separately. make illegal the possession of any ma- operations. Therefore, money laun- Criminals have realized that the terials used to make counterfeit cur- dering remains not only a criminal movement of large sums of money rency. This is necessary because tech- racket but also poses a grave threat to through traditional financial institu- nology has evolved far beyond the old our national security. tions will result in increased scrutiny days of printing plates, stones, and dig- Tracking how terrorists obtain, and investigation. Therefore, many ital images. Like the evolving tactics store, and move illicit funds is among have turned to smuggling large quan- used by those in money laundering op- the most critical aspects of stopping tities of money via a courier or bulk erations, the counterfeiter constantly their efforts. Among its recommenda- cash smuggling. They have developed changes his tactics and technologies. tions, the 9/11 Commission report stat- techniques to avoid having to declare Furthermore, the crime of counter- ed that, ‘‘Vigorous efforts to track ter- property with a value greater than feiting is becoming more and more rorist financing must remain front and $10,000 and to protect those couriers international in scope every day. The center in the U.S. counterterrorism ef- who are caught. My legislation will re- Secret Service has identified counter- forts.’’ We have made some significant move the criminal’s ability to get feiting operations in Colombia, Nige- strides in identifying how terrorists ac- around current laws, and remove pro- ria, Italy, Iraq, and North Korea. This cumulate and move money, but more tections for the smuggler. is apparent in the use of bleached remains to be done. Terrorists and For example, current law requires notes. Bleached notes are simply bills criminal networks continually evolve that couriers know specifics about the with low denominations being bleached new ways of using legitimate means to illegal activities that produced the with chemicals. This produces a blank launder illegally obtained funds. We monies they carry before they may be canvas of genuine currency paper for must not underestimate the intel- prosecuted under money laundering counterfeiters to work with, to which ligence or resolve of these groups. statutes. As a result, many claim igno- they can add higher denominations. My Many have already utilized loopholes rance about the illegal origins of the bill will make it illegal to possess in current law to hide funds or cir- money and are released. With my bill, these bleached or otherwise altered cumvent required reporting to U.S. couriers will now be held responsible notes, and give the Secret Service the Customs officials. for their actions, even if they try to authorization it needs to pursue these Work must continue so that terror- claim ignorance. Therefore, law en- criminals outside the United States. ists and other criminals are left with- forcement can get both the courier and Additionally, this bill gives the Se- out the ability to hide illegally ob- the money off the street. This bill also cret Service the authorization to use tained funds inside or in concert with would stiffen the penalty for bulk cash funds seized from criminals to pay for legitimate means. We should commit smuggling to 10 years. ongoing undercover investigations. to increasing pressure on these organi- Another tactic now being used by This seems like common sense, and in- zations to make money laundering as criminals is to have couriers carry deed, every other federal investigative difficult and unprofitable as possible. blank checks in bearer form. The couri- agency has this authority. Tasked with And ultimately, we must give law en- ers argue that the check has no protecting our financial systems, the forcement and prosecutors the ability amount, so it is not subject to declara- Secret Service should be provided with to effectively deal with criminals’ ever- tion. Once the courier arrives at his all the resources necessary to fund its changing tactics. destination, he merely has to fill in the undercover operations. This makes The legislation that I am introducing amount, whatever it may be. My legis- even more sense, considering it’s the today will strengthen our current lation would remove this loophole by criminals themselves who would be money laundering statutes by stream- setting the value of any blank check in paying those bills. My bill provides lining those laws, closing those loop- bearer form equal to the highest that authority to the Secret Service holes in the laws exploited by criminal amount in that account during the and will allow them to continue the organizations, and creating more effi- time period it was being transported, important work of protecting our fi- cient means for dealing with violators or when it is cashed. nancial infrastructure. of money laundering laws. My bill goes My bill also seeks to mitigate the As I said, money is essential for the about doing this in several ways. tactics of ‘‘commingling funds’’ and operation of any criminal or terrorist First, my bill deals with the problem ‘‘structured transactions.’’ The ‘‘com- organization. The ability to get, move, of ‘‘specified unlawful activities’’ or mingling funds’’ tactic involves depos- and hide these funds is critical to the ‘‘SUAs.’’ SUAs are predicate offenses iting illegal money in an account with operations of both. We have had some required for current money laundering legitimate funds. Under current law, success in thwarting this ability, as is statutes to apply, and there are cur- criminals can argue that money with- evident by the constantly changing rently over 200 of them. As criminals drawn from the account was from the techniques for laundering money. We continue to change methods of laun- legitimate sources. The language in must continue to apply pressure on dering money, the list of SUAs will this bill would clarify that trans- these groups, and do everything we can continue to grow. This legislation will actions on accounts containing more to identify and stop their financing op- prevent criminals from turning to than $10,000 in illegally obtained funds erations. This bill is designed to do just other means not designated as an SUA, will be considered a transaction involv- that, and put these organizations out and will consolidate the ever growing ing more than $10,000 in criminally de- of business for good. I urge my col- list of SUAs by including all federal rived property, regardless of how the leagues to join me and my cosponsors, and state offenses punishable by im- other money in the account was ob- Senators KYL, CORNYN, and GRAHAM, in prisonment for more than one year. tained. Nor will criminals be allowed supporting this legislation to combat Also, criminals will no longer be able to avoid the law by structuring smaller the financing of criminal and terrorist to hide behind borders, as this legisla- transactions below the $10,000 report- activities. tion would subject violations in foreign ing requirement. Under my bill, indi- Mr. President, I ask unanimous con- countries that have an effect on the vidual but related transactions will be sent that the text of this bill be printed U.S. to the same penalties as if they considered at their aggregate value. in the RECORD. had occurred in the United States. Finally, this bill will provide the There being no objection, the text of Currently, most circuit courts must United States Secret Service with the the bill was ordered to be printed in charge each violation of money laun- legislative and financial resources it the RECORD, as follows: dering statutes separately. My bill will needs to combat counterfeiters and S. 473 allow, at the election of the govern- other criminals seeking to harm our fi- Be it enacted by the Senate and House of Rep- ment, prosecutors to charge multiple nancial systems. The U.S. Federal Re- resentatives of the United States of America in acts under one count in an indictment. serve Note is the most identifiable cur- Congress assembled,

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1525 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. chapter 95 of title 18, United States Code, is (2) by adding the end the following: (a) SHORT TITLE.—This Act may be cited as amended to read as follows: ‘‘(d) INVESTIGATIVE AUTHORITY.—Violations the ‘‘Combating Money Laundering and Ter- ‘‘1957. Engaging in monetary transactions in of this section may be investigated by the rorist Financing Act of 2007’’. property derived from specified Attorney General, the Secretary of the (b) TABLE OF CONTENTS.—The table of con- unlawful activity or in support Treasury, the Secretary of Homeland Secu- tents for this Act is as follows: of criminal activity.’’. rity, and the Postal Service.’’. Sec. 1. Short title; table of contents. SEC. 103. PROCEDURE FOR ISSUING SUBPOENAS SEC. 106. VIOLATIONS INVOLVING COMMINGLED TITLE I—MONEY LAUNDERING IN MONEY LAUNDERING CASES. FUNDS AND STRUCTURED TRANS- (a) IN GENERAL.—Section 986 of title 18, ACTIONS. Sec. 101. Specified unlawful activity. United States Code, is amended by adding at Section 1957(f) of title 18, United States Sec. 102. Making the domestic money laun- the end the following: Code, is amended— dering statute apply to ‘‘reverse ‘‘(e) PROCEDURE FOR ISSUING SUBPOENAS.— (1) in paragraph (2) by striking ‘‘and’’ at money laundering’’ and inter- The Attorney General, the Secretary of the the end; state transportation. Treasury, or the Secretary of Homeland Se- (2) in paragraph (3), by striking the period Sec. 103. Procedure for issuing subpoenas in curity may issue a subpoena in any inves- and inserting a semicolon; and money laundering cases. tigation of a violation of sections 1956, 1957 (3) by adding at the end the following: Sec. 104. Transportation or transhipment of or 1960, or sections 5316, 5324, 5331 or 5332 of ‘‘(4) the term ‘monetary transaction in blank checks in bearer form. title 31, United States Code, in the manner criminally derived property that is of a value Sec. 105. Bulk cash smuggling. set forth under section 3486.’’. greater than $10,000’ includes— Sec. 106. Violations involving commingled (b) GRAND JURY AND TRIAL SUBPOENAS.— ‘‘(A) a monetary transaction involving the funds and structured trans- Section 5318(k)(3)(A)(i) of title 31, United transfer, withdrawal, encumbrance or other actions. States Code, is amended— disposition of more than $10,000 from a bank Sec. 107. Charging money laundering as a (1) by striking ‘‘related to such cor- account in which more than $10,000 in pro- course of conduct. respondent account’’; ceeds of specified unlawful activity have Sec. 108. Illegal money transmitting busi- (2) by striking ‘‘or the Attorney General’’ been commingled with other funds; nesses. and inserting ‘‘, the Attorney General, or the ‘‘(B) a series of monetary transactions in Sec. 109. Knowledge that the property is the Secretary of Homeland Security’’; and amounts under $10,000 that exceed $10,000 in proceeds of a specific felony. (3) by adding at the end the following: the aggregate and that are closely related to Sec. 110. Extraterritorial jurisdiction. ‘‘(iii) GRAND JURY OR TRIAL SUBPOENA.—In each other in terms of such factors as time, Sec. 111. Conduct in aid of counterfeiting. addition to a subpoena issued by the Attor- the identity of the parties involved, the na- Sec. 112. Use of proceeds derived from crimi- ney General, Secretary of the Treasury, or ture and purpose of the transactions, and the nal investigations. the Secretary of Homeland Security under manner in which they are conducted; and TITLE II—TECHNICAL AMENDMENTS clause (i), a subpoena under clause (i) in- ‘‘(C) any financial transaction covered Sec. 201. Technical amendments to sections cludes a grand jury or trial subpoena re- under section 1956(j) that involves more than 1956 and 1957 of title 18. quested by the Government.’’. $10,000 in proceeds of specified unlawful ac- TITLE I—MONEY LAUNDERING (c) FAIR CREDIT REPORTING ACT AMEND- tivity; and MENT.—Section 604(a)(1) of the Fair Credit ‘‘(5) the term ‘monetary transaction in- SEC. 101. SPECIFIED UNLAWFUL ACTIVITY. Reporting Act (15 U.S.C. 1681b(a)(1)) is volving property of a value that is greater Section 1956(c)(7) of title 18, United States amended— than $10,000’ includes a series of monetary Code, is amended to read as follows: (1) by striking ‘‘or’’; and transactions in amounts under $10,000 that ‘‘(7) the term ‘specified unlawful activity’ (2) by inserting before the period the fol- exceed $10,000 in the aggregate and that are means— lowing: ‘‘, or an investigative subpoena closely related to each other in terms of such ‘‘(A) any act or activity constituting an of- issued under section 5318 of title 31, United factors as time, the identity of the parties fense in violation of the laws of the United States Code’’. involved, the nature and purpose of the States or any State punishable by imprison- (d) OBSTRUCTION OF JUSTICE.—Section transactions, and the manner in which they ment for a term exceeding 1 year; and 1510(b) of title 18, United States Code, is are conducted.’’. ‘‘(B) any act or activity occurring outside amended— of the United States that would constitute SEC. 107. CHARGING MONEY LAUNDERING AS A (1) in paragraph (2)(A), by inserting ‘‘or an COURSE OF CONDUCT. an offense covered under subparagraph (A) if investigative subpoena issued under section (a) IN GENERAL.—Section 1956 of title 18, the act or activity had occurred within the 5318 of title 31, United States Code’’ after United States Code, is amended by adding at jurisdiction of the United States or any ‘‘grand jury subpoena’’; and the end the following: State;’’. (2) in paragraph (3)(B), by inserting ‘‘, an ‘‘(j) MULTIPLE VIOLATIONS.—Multiple viola- SEC. 102. MAKING THE DOMESTIC MONEY LAUN- investigative subpoena issued under section tions of this section that are part of the DERING STATUTE APPLY TO ‘‘RE- 5318 of title 31, United States Code,’’ after VERSE MONEY LAUNDERING’’ AND same scheme or continuing course of conduct ‘‘grand jury subpoena’’. may be charged, at the election of the Gov- INTERSTATE TRANSPORTATION. (e) RIGHT TO FINANCIAL PRIVACY ACT.—Sec- ernment, in a single count in an indictment (a) IN GENERAL.—Section 1957 of title 18, tion 1120 of the Right to Financial Privacy or information.’’. United States Code, is amended— Act of 1978 (12 U.S.C. 3420) is amended— (b) CONSPIRACIES.—Section 1956(h) of title (1) in the heading, by inserting ‘‘or in sup- (1) in subsection (a)(1), by inserting ‘‘or to 18, United States Code, is amended by strik- port of criminal activity’’ after ‘‘specified un- the Government’’ after ‘‘to the grand jury’’; ing ‘‘or section 1957’’ and inserting ‘‘, section lawful activity’’; and 1957, or section 1960’’. (2) in subsection (a), by striking ‘‘Who- (2) in subsection (b)(1), by inserting ‘‘, or ever’’ and inserting the following: an investigative subpoena issued pursuant to SEC. 108. ILLEGAL MONEY TRANSMITTING BUSI- NESSES. ‘‘(1) Whoever’’; and section 5318 of title 31, United States Code,’’ (a) TECHNICAL AMENDMENTS.— (3) by adding at the end the following: after ‘‘grand jury subpoena’’. ‘‘(2) Whoever— (1) IN GENERAL.—Section 1960 of title 18, SEC. 104. TRANSPORTATION OR TRANSHIPMENT United States Code, is amended— ‘‘(A) in any of the circumstances set forth OF BLANK CHECKS IN BEARER in subsection (d)— FORM. (A) in the heading by striking ‘‘unli- ‘‘(i) conducts or attempts to conduct a Section 5316 of title 31, United States Code, censed’’ and inserting ‘‘illegal’’; monetary transaction involving property of is amended by adding at the end the fol- (B) in subsection (a), by striking ‘‘unli- a value that is greater than $10,000; or lowing: censed’’ and inserting ‘‘illegal’’; and ‘‘(ii) transports, attempts to transport, or ‘‘(e) MONETARY INSTRUMENTS WITH AMOUNT (C) in subsection (b)(1), by striking ‘‘unli- conspires to transport property of a value LEFT BLANK.—For purposes of this section, a censed’’ and inserting ‘‘illegal’’. that is greater than $10,000; monetary instrument in bearer form that (2) CHAPTER ANALYSIS.—The item relating ‘‘(B) in or affecting interstate commerce; has the amount left blank, such that the to section 1960 in the table of sections for and amount could be filled in by the bearer, shall chapter 95 of title 18, United States Code, is ‘‘(C) either— be considered to have a value equal to the amended to read as follows: ‘‘(i) knowing that the property was derived highest value of the funds in the account on ‘‘1960. Prohibition of illegal money transmit- from some form of unlawful activity; or which the monetary instrument is drawn ting businesses.’’. ‘‘(ii) with the intent to promote the car- during the time period the monetary instru- (b) DEFINITION OF BUSINESS TO INCLUDE IN- rying on of specified unlawful activity; ment was being transported or the time pe- FORMAL VALUE TRANSFER SYSTEMS AND shall be fined under this title, imprisoned for riod it was negotiated or was intended to be MONEY BROKERS FOR DRUG CARTELS.—Sec- a term of years not to exceed the statutory negotiated.’’. tion 1960(b) of title 18, United States Code, is maximum for the unlawful activity from SEC. 105. BULK CASH SMUGGLING. amended— which the property was derived or the unlaw- Section 5332 of title 31, United States Code, (1) in paragraph (2), by striking ‘‘and’’ at ful activity being promoted, or both.’’. is amended— the end; (b) CHAPTER ANALYSIS.—The item relating (1) in subsection (b)(1), by striking ‘‘5 (2) in paragraph (3), by striking the period to section 1957 in the table of sections for years’’ and inserting ‘‘10 years’’; and and inserting ‘‘; and’’; and

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1526 CONGRESSIONAL RECORD — SENATE February 1, 2007 (3) by adding at the end the following: (B) striking ‘‘any essentially identical fea- necessary to conduct the undercover inves- ‘‘(4) the term ‘business’ includes any per- ture or device’’ and inserting ‘‘any material tigative operation. son or association of persons, formal or in- or other thing made after or in the simili- (3) DURATION OF CERTIFICATION.—Each cer- formal, licensed or unlicenced, that provides tude of any such deterrent’’; and tification issued under paragraph (1) shall money transmitting services on behalf of (C) by inserting ‘‘, forging, or counter- continue in effect for the duration of the un- any third party in return for remuneration feiting’’ after ‘‘to the making’’; dercover investigative operation, without re- or other consideration.’’. (3) by redesignating subsection (c) as sub- gard to fiscal years. (c) PROHIBITION OF UNLICENSED MONEY section (d); and (c) TRANSFER OF PROCEEDS TO TREASURY.— TRANSMITTING BUSINESSES.—Section (4) by inserting after subsection (b) the fol- As soon as practicable after the proceeds 1960(b)(1)(B) of title 18, United States Code, is lowing: from an undercover investigative operation amended by inserting the following before ‘‘(c) Whoever has in his control, custody, with respect to which an action is authorized the semicolon: ‘‘, whether or not the defend- or possession any altered obligation or secu- and carried out under paragraphs (3) and (4) ant knew that the operation was required to rity of the United States or any foreign gov- of subsection (a) are no longer necessary for comply with such registration require- ernment adapted to the making, forging, or the conduct of such operation, such proceeds, ments’’. counterfeiting of any obligation or security or the balance of such proceeds, remaining at (d) AUTHORITY TO INVESTIGATE.—Section of the United States or any foreign govern- the time shall be deposited in the Treasury 1960 of title 18, United States Code, is amend- ment, except under the authority of the Sec- of the United States as miscellaneous re- ed by adding at the end the following: retary of the Treasury, is guilty of a class B ceipts. ‘‘(c) AUTHORITY TO INVESTIGATE.—Viola- felony.’’. (d) CORPORATIONS WITH A HIGH NET tions of this section may be investigated by SEC. 112. USE OF PROCEEDS DERIVED FROM VALUE.— the Attorney General, the Secretary of the CRIMINAL INVESTIGATIONS. (1) IN GENERAL.—If a corporation or busi- Treasury, and the Secretary of Homeland Se- (a) AUTHORITY OF SECRET SERVICE.—During ness entity established or acquired as part of curity.’’. fiscal years 2008 through 2010, with respect to an undercover investigative operation under subsection (a)(2) having a net value of over SEC. 109. KNOWLEDGE THAT THE PROPERTY IS any undercover investigative operation of THE PROCEEDS OF A SPECIFIC FEL- the United States Secret Service (in this sec- $50,000 is to be liquidated, sold, or otherwise ONY. tion referred to as the ‘‘Secret Service’’) disposed of, the Secret Service, as much in (a) PROCEEDS OF A FELONY.—Section which is necessary for the detection and advance as the Director of the Secret Service 1956(c)(1) of title 18, United States Code, is prosecution of crimes against the United or the Director’s designee determines is amended by inserting ‘‘, and regardless of States— practicable, shall report the circumstances whether or not the person knew that the ac- (1) sums authorized in any such fiscal year of such liquidation, sale, or other disposition tivity constituted a felony’’ before the semi- to be appropriated for the Secret Service, in- to the Secretary of Homeland Security. colon at the end. cluding any unobligated balances available (2) TRANSFER OF PROCEEDS TO TREASURY.— (b) INTENT TO CONCEAL OR DISGUISE.—Sec- from prior fiscal years, may be used to pur- The proceeds of any liquidation, sale, or tion 1956(a) of title 18, United States Code, is chase property, buildings, and other facili- other disposition of any corporation or busi- amended— ties, and to lease space, within the United ness entity under paragraph (1) shall, after (1) in paragraph (1)(B)(i), by striking ‘‘spec- States, the District of Columbia, and the ter- all other obligations are met, be deposited in ified unlawful activity’’ and inserting ‘‘some ritories and possessions of the United States, the Treasury of the United States as mis- form of unlawful activity’’; and without regard to— cellaneous receipts. (2) in paragraph (2)(B)(i), by striking ‘‘spec- (A) sections 1341 and 3324 of title 31 of the (e) AUDITS.—The Secret Service shall— ified unlawful activity’’ and inserting ‘‘some United States Code; (1) conduct, on a quarterly basis, a detailed form of unlawful activity’’. (B) section 8141 of title 40 of the United financial audit of each completed undercover investigative operation where a written cer- SEC. 110. EXTRATERRITORIAL JURISDICTION. States Code; tification was issued pursuant to this sec- Section 1956(f)(1) of title 18, United States (C) sections 3732(a) and 3741 of the Revised tion; and Code, is amended by inserting ‘‘or has an ef- Statutes of the United States (41 U.S.C. 11(a) (2) report the results of each such audit in fect in the United States’’ after ‘‘conduct oc- and 22); and writing to the Secretary of Homeland Secu- curs in part in the United States’’. (D) sections 304(a) and 305 of the Federal rity. SEC. 111. CONDUCT IN AID OF COUNTERFEITING. Property and Administrative Services Act of (a) IN GENERAL.—Section 474(a) of title 18, 1949 ( 41 U.S.C. 254(a) and 255); TITLE II—TECHNICAL AMENDMENTS United States Code, is amended by inserting (2) sums authorized in any such fiscal year SEC. 201. TECHNICAL AMENDMENTS TO SEC- after the paragraph beginning ‘‘Whoever has to be appropriated for the Secret Service, in- TIONS 1956 AND 1957 OF TITLE 18. in his control, custody, or possession any cluding any unobligated balances available (a) UNLAWFUL ACTIVITY.—Section 1956(c) of plate’’ the following: from prior fiscal years, may be used— title 18, United States Code, is amended— ‘‘Whoever, with intent to defraud, has cus- (A) to establish or to acquire proprietary (1) in paragraph (2), by striking ‘‘ ‘con- tody, control, or possession of any material corporations or business entities as part of ducts’’’ and inserting ‘‘ ‘conduct’’’; and that can be used to make, alter, forge, or an undercover investigative operation; and (2) in paragraph (7)(F), by inserting ‘‘, as counterfeit any obligation or other security (B) to operate such corporations or busi- defined in section 24(a)’’ before the semi- of the United States or any part of such obli- ness entities on a commercial basis, without colon. gation or security, except under the author- regard to sections 9102 and 9103 of title 31 of (b) PROPERTY FROM UNLAWFUL ACTIVITY.— ity of the Secretary of the Treasury; or’’. the United States Code; Section 1957 of title 18, United States Code, is amended— (b) FOREIGN OBLIGATIONS AND SECURITIES.— (3) sums authorized in any such fiscal year Section 481 of title 18, United States Code, is to be appropriated for the Secret Service, in- (1) in subsection (a), by striking ‘‘engages amended by inserting after the paragraph be- cluding any unobligated balances available or attempts to engage in’’ and inserting ginning ‘‘Whoever, with intent to defraud’’ from prior fiscal years, and the proceeds ‘‘conducts or attempts to conduct’’; and the following: seized, earned, or otherwise accrued from (2) in subsection (f)— ‘‘Whoever, with intent to defraud, has cus- any such undercover investigative operation, (A) in paragraph (2), by striking ‘‘and’’ at tody, control, or possession of any material may be deposited in banks or other financial the end; that can be used to make, alter, forge, or institutions, without regard to— (B) in paragraph (3), by striking the period counterfeit any obligation or other security (A) section 648 of title 18 of the United and inserting ‘‘; and’’; and of any foreign government, bank, or corpora- States Code; and (C) by adding at the end the following: tion; or’’. (B) section 3302 of title 31 of the United ‘‘(4) the term ‘conduct’ has the meaning (c) COUNTERFEIT ACTS.—Section 470 of title States Code; and given such term under section 1956(c)(2).’’. 18, United States Code, is amended by strik- (4) proceeds seized, earned, or otherwise ac- ing ‘‘or 474’’ and inserting ‘‘474, or 474A’’. crued from any such undercover investiga- By Mrs. HUTCHISON (for herself (d) STRENGTHENING DETERRENTS TO COUN- tive operation may be used to offset the nec- and Mr. CORNYN): TERFEITING.—Section 474A of title 18, United essary and reasonable expenses incurred in S. 474. A bill to award a congressional States Code is amended— such operation, without regard to section gold medal to Michael Ellis DeBakey, (1) in subsection (a)— 3302 of title 31 of the United States Code. M.D.; to the Committee on Banking, (A) by inserting ‘‘, custody,’’ after ‘‘con- (b) WRITTEN CERTIFICATION OF DIRECTOR Housing, and Urban Affairs. trol’’; REQUIRED.— Mrs. HUTCHISON. Mr. President, I (B) by inserting ‘‘, forging, or counter- (1) IN GENERAL.—The authority granted rise today to acknowledge the lifetime feiting’’ after ‘‘to the making’’; under subsection (a) may be exercised only achievements of my dear friend Dr. Mi- (C) by striking ‘‘such obligation’’ and in- upon the written certification of the Direc- serting ‘‘obligation’’; and tor of the Secret Service or the Director’s chael Ellis DeBakey, a public servant (D) by inserting ‘‘of the United States’’ designee. and world-renowned cardiologist, by re- after ‘‘or other security’’; (2) CONTENT OF CERTIFICATION.—Each cer- introducing legislation to award him (2) in subsection (b)— tification issued under paragraph (1) shall the Congressional Gold Medal. (A) by inserting ‘‘, custody,’’ after ‘‘con- state that any action authorized under para- Throughout his life, Dr. DeBakey has trol’’; graph (1), (2), (3), or (4) of subsection (a) is made numerous advances in the field of

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1527 medicine. When he was only 23 years of DeBakey Ventricular Assist Device, novative surgical techniques for the treat- age and still attending medical school, which may eliminate the need for some ment of aneurysms enabling thousands of Dr. DeBakey developed a roller pump patients to receive heart transplants. lives to be saved in the years ahead. for blood transfusions—the precursor I stand here today to acknowledge (8) In 1964, Dr. DeBakey triggered the most explosive era in modern cardiac surgery, and major component of the heart-lung Dr. DeBakey’s invaluable work and sig- when he performed the first successful coro- machine used in the first open-heart nificant contribution to medicine by nary bypass, once again paving the way for operation. This device later led to na- offering a bill to award him the Con- surgeons world-wide to offer hope to thou- tional recognition for his expertise in gressional Gold Medal. His efforts and sands of patients who might otherwise suc- vascular disease. His service to our innovative surgical techniques have cumb to heart disease. country did not stop there. since saved the lives of thousands, if (9) Two years later, Dr. DeBakey made Dr. DeBakey put his practice on hold not millions, of people. I ask my Sen- medical history again, when he was the first and volunteered for military service ate colleagues to join me in recog- to successfully use a partial artificial heart to solve the problems of a patient who could during World War II with the Surgeon nizing the profound impact this man not be weaned from a heart-lung machine General’s staff. During this time, he re- has had on medical advances, the deliv- following open-heart surgery. ceived the rank of Colonel and Chief of ery of medicine and how we care for (10) In 1968, Dr. DeBakey supervised the Surgical Consultants Division. our Veterans. Although, Dr. DeBakey first successful multi-organ transplant, in As a result of his military and med- is not a native of Texas, he has made which a heart, both kidneys, and lung were ical experience, Dr. DeBakey made nu- Texas proud. He has guided the Baylor transplanted from a single donor into 4 sepa- merous recommendations to improve College of Medicine and the city of rate recipients. the military’s medical procedures. His Houston into becoming a world leader (11) In 1964, President Lyndon B. Johnson efforts led to the development of mo- appointed Dr. DeBakey to the position of in medical advancement. On behalf of Chairman of the President’s Commission on bile army surgical hospitals, better all Texans, I thank Dr. DeBakey for his Heart Disease, Cancer and Stroke, leading to known as MASH units, which earned lifetime of commitment and service, the creation of Regional Medical Programs him the Legion of Merit in 1945. not only to the medical community, established ‘‘to encourage and assist in the After WWII, Dr. DeBakey continued but to the world. establishment of regional cooperative ar- his hard work by proposing national I ask unanimous consent that the rangements among medical schools, research and specialized medical centers for text of the bill be printed in the institutions, and hospitals, for research and those soldiers who were wounded or RECORD. training’’. needed follow-up treatment. This rec- There being no objection, the text of (12) In the mid-1960’s, Dr. DeBakey pio- neered the field of telemedicine with the ommendation evolved into the Vet- the bill was ordered to be printed in first demonstration of open-heart surgery to erans Affairs Medical Center System the RECORD, as follows: be transmitted overseas by satellite. and the establishment of the commis- S. 474 (13) In 1969, Dr. DeBakey was elected the sion on Veterans Medical Problems of Be it enacted by the Senate and House of Rep- first President of Baylor College of Medicine. the National Research Council. resentatives of the United States of America in (14) In 1969, President Lyndon B. Johnson In 1948, Dr. DeBakey joined the Congress assembled, bestowed on Dr. DeBakey the Presidential Baylor University College of Medicine, SECTION 1. FINDINGS. Medal of Freedom with Distinction, and in where he started its first surgical resi- The Congress makes the following findings: 1985, President Ronald Reagan conferred on dency program and was later elected (1) Michael Ellis DeBakey, M.D., was born him the National Medal of Science. on September 7, 1908, in Lake Charles, Lou- (15) Working with NASA engineers, he re- the first President of Baylor College of fined existing technology to create the Medicine. isiana, to Shaker and Raheeja DeBakey. (2) Dr. DeBakey, at the age of 23 and still DeBakey Ventricular Assist Device, one- Adding to his list of accomplish- a medical student, reported a major inven- tenth the size of current versions, which may ments, Dr. DeBakey performed the tion, a roller pump for blood transfusions, eliminate the need for heart transplantation first successful procedure to treat pa- which later became a major component of in some patients. tients with aneurysms. In 1964, Dr. the heart-lung machine used in the first suc- SEC. 2. CONGRESSIONAL GOLD MEDAL. DeBakey performed the first successful cessful open-heart operation. (a) PRESENTATION AUTHORIZED.—The coronary bypass surgery, opening the (3) Even though Dr. DeBakey had already Speaker of the House of Representatives and achieved a national reputation as an author- the President Pro Tempore of the Senate doors for surgeons to perform preventa- shall make appropriate arrangements for the tive procedures to save the lives of ity on vascular disease and had a promising career as a surgeon and teacher, he volun- presentation, on behalf of the Congress, of a many people with heart disease. He was teered for military service during World War gold medal of appropriate design, to Michael also the first to successfully use a par- II, joining the Surgeon General’s staff and Ellis DeBakey, M.D., in recognition of his tial artificial heart. Later that same rising to the rank of Colonel and Chief of the many outstanding contributions to the Na- year, President Lyndon B. Johnson ap- Surgical Consultants Division. tion. (b) DESIGN AND STRIKING.—For purposes of (4) As a result of this first-hand knowledge pointed Dr. DeBakey as Chairman of the presentation referred to in subsection of military service, Dr. DeBakey made nu- the President’s Commission on Heart (a), the Secretary of the Treasury (referred Disease, Cancer and Stroke, which led merous recommendations for the proper to in this Act as the ‘‘Secretary’’) shall to the creation of Regional Medical staged management of war wounds, which strike a gold medal with suitable emblems, led to the development of mobile army sur- Programs. These programs coordinate devices, and inscriptions to be determined by gical hospitals or ‘‘MASH’’ units, and earned the Secretary. medical schools, research institutions Dr. DeBakey the Legion of Merit in 1945. and hospitals to enhance research and SEC. 3. DUPLICATE MEDALS. (5) After the war, Dr. DeBakey proposed The Secretary may strike and sell dupli- training. the systematic medical follow-up of veterans cates in bronze of the gold medal struck pur- Dr. DeBakey continued to amaze the and recommended the creation of specialized suant to section 2 under such regulations as medical world when he pioneered the medical centers in different areas of the the Secretary may prescribe, at a price suffi- field of telemedicine by performing the United States to treat wounded military per- cient to cover the cost thereof, including first open-heart surgery transmitted sonnel returning from war, and from this labor, materials, dies, use of machinery, and over satellite and then supervised the recommendation evolved the Veterans Af- overhead expenses, and the cost of the gold fairs Medical Center System and the estab- medal. first successful multi-organ transplant, lishment of the Commission on Veterans where a heart, both kidneys and a lung SEC. 4. STATUS OF MEDALS. Medical Problems of the National Research (a) NATIONAL MEDALS.—The medals struck were transplanted from a single donor Council. pursuant to this Act are national medals for into four separate recipients. (6) In 1948, Dr. DeBakey joined the Baylor purposes of chapter 51 of title 31, United These accomplishments have led to University College of Medicine, where he de- States Code. national recognition. Dr. DeBakey has veloped the first surgical residency program (b) NUMISMATIC ITEMS.—For purposes of received both the Presidential Medal of in the city of Houston, and today, guided by sections 5134 and 5136 of title 31, United Freedom with Distinction from Presi- Dr. DeBakey’s vision, the College is one of States Code, all medals struck under this the most respected health science centers in dent Johnson and the National Medal Act shall be considered to be numismatic the Nation. items. of Science from President Ronald (7) In 1953, Dr. DeBakey performed the first SEC. 5. AUTHORITY TO USE FUND AMOUNTS; Reagan. successful procedures to treat patients who PROCEEDS OF SALE. Recently, Dr. DeBakey worked with suffered aneurysms leading to severe (a) AUTHORITY TO USE FUND AMOUNTS.— NASA engineers to develop the strokes, and he later developed a series of in- There is authorized to be charged against the

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1528 CONGRESSIONAL RECORD — SENATE February 1, 2007 United States Mint Public Enterprise Fund American Falls Reservoir District from located in Jerome, Lincoln, and Gooding such amounts as may be necessary to pay for the Bureau of Reclamation to the Na- Counties, Idaho. the costs of the medals struck pursuant to tional Park Service in our home State (3) SECRETARY.—The term ‘‘Secretary’’ this Act. of Idaho. means the Secretary of the Interior. (b) PROCEEDS OF SALE.—Amounts received SEC. 3. AUTHORITY TO CONVEY TITLE. from the sale of duplicate bronze medals au- The Minidoka Internment National Monument Draft General Management (a) IN GENERAL.—In accordance with all ap- thorized under section 3 shall be deposited plicable law and the terms and conditions set into the United States Mint Public Enter- Plan and Environment Impact State- forth in the Agreement, the Secretary may prise Fund. ment proposes, the transfer of these convey— two publicly owned parcels of land, (1) to the District all right, title, and inter- By Mr. DOMENICI (for himself which are both within and adjacent to est in and to the land and improvements de- and Mr. BINGAMAN): the existing 73-acre NPS boundary, and scribed in Appendix A of the Agreement, sub- S. 475. A bill to increase the number have been identified as important for ject to valid existing rights; of Deputy United States Marshals that inclusion as part of the Monument. The (2) to the city of Gooding, located in investigate immigration crimes; to the Gooding County, Idaho, all right, title, and sites were both within the original interest in and to the 5.0 acres of land and Committee on the Judiciary. 33,000-acre Minidoka Relocation Center Mr. DOMENICI. Mr. President, I rise improvements described in Appendix D of the that was operated by the War Reloca- Agreement; and today to with Senator BINGAMAN to in- tion Authority, where approximately (3) to the Idaho Department of Fish and troduce legislation that provides re- 13,500 Japanese and Japanese Ameri- Game all right, title, and interest in and to sources that the U.S. Marshals Service cans were held from 1942 through 1945. the 39.72 acres of land and improvements de- desperately needs for their role in im- The smaller 2.31-acre parcel is lo- scribed in Appendix D of the Agreement. proving the security of our borders and cated in the center of the monument in (b) COMPLIANCE WITH AGREEMENT.—All par- ties to the conveyance under subsection (a) enforcing our immigration laws. the old warehouse area and includes Our U.S. Marshals are involved in shall comply with the terms and conditions three historical buildings and other im- of the Agreement, to the extent consistent several aspects of immigration mat- portant cultural features. The Draft ters, including helping to transport with this Act. General Management Plan proposes to SEC. 4. TRANSFER. criminal immigrants and guarding use this site for visitor services, includ- them in federal courthouses. As we im- As soon as practicable after the date of en- ing a Visitor Contact Station within an actment of this Act, the Secretary shall di- prove border security and interior en- original warehouse to greet visitors rect the Director of the National Park Serv- forcement, our Marshals need increased and provide orientation for the monu- ice to include in and manage as a part of the staff to handle the increased caseload ment. The other, a 7.87-acre parcel, is Minidoka Internment National Monument that will be associated with those im- on the east end of the monument and the 10.18 acres of land and improvements de- scribed in Appendix D of the Agreement. provements. was undeveloped during WWII. The Therefore, my legislation calls for SEC. 5. COMPLIANCE WITH OTHER LAWS. NPS proposes to use this area for spe- hiring 50 new deputies each year for (a) IN GENERAL.—On conveyance of the cial events and to provide a site for the five years. Increasing the number of land and improvements under section 3(a)(1), development of a memorial for the Deputy U.S. Marshals by 250 new law the District shall comply with all applicable Issei, first-generation Japanese immi- enforcers will make a great impact on Federal, State, and local laws (including reg- grants. These two publicly-owned prop- ulations) in the operation of each facility this service that is stretched thin in erties are critical for long-term devel- transferred. their role relating to border security opment, visitor services, and protec- (b) APPLICABLE AUTHORITY.—Nothing in and immigration enforcement. Without tion and preservation of historical this Act modifies or otherwise affects the ap- such legislation, we will only be adding structures and features at Minidoka In- plicability of Federal reclamation law (the to the workload of our already thinly- Act of June 17, 1902 (32 Stat. 388, chapter ternment National Monument. stretched Marshals Service. 1093), and Acts supplemental to and amend- I would like to add that this legisla- I ask unanimous consent that the atory of that Act (43 U.S.C. 371 et seq.)) to tion was developed with and is strongly text of the bill be printed in the project water provided to the District. supported by both the agencies in- RECORD. SEC. 6. REVOCATION OF WITHDRAWALS. There being no objection, the text of volved and the local communities. I (a) IN GENERAL.—The portions of the Secre- the bill was ordered to be printed in ask my colleagues to join me in enact- tarial Orders dated March 18, 1908, October 7, ing this small land transfer that we 1908, September 29, 1919, October 22, 1925, the RECORD, as follows: might move a step closer toward prop- March 29, 1927, July 23, 1927, and May 7, 1963, S. 475 erly memorializing an important, but withdrawing the approximately 6,900 acres described in Appendix E of the Agreement Be it enacted by the Senate and House of Rep- often forgotten, chapter of our Nation’s resentatives of the United States of America in for the purpose of the Gooding Division of Congress assembled, history. the Minidoka Project, are revoked. SECTION 1. DEPUTY UNITED STATES MARSHALS. I ask unanimous consent that the (b) MANAGEMENT OF WITHDRAWN LAND.— (a) INCREASE POSITIONS.—In each of the fis- text of the bill be printed in the The Secretary, acting through the Director cal years 2008 through 2012, the Attorney RECORD. of the Bureau of Land Management, shall General, subject to the availability of appro- There being no objection, the text of manage the withdrawn land described in sub- priations, shall increase by not less than 50 the bill was ordered to printed in the section (a) subject to valid existing rights. the number of positions for full-time active RECORD, as follows: SEC. 7. LIABILITY. duty Deputy United States Marshals that in- (a) IN GENERAL.—Subject to subsection (b), S. 477 vestigate criminal matters related to immi- upon completion of a conveyance under sec- gration. Be it enacted by the Senate and House of Rep- tion 3, the United States shall not be liable (b) AUTHORIZATION OF APPROPRIATIONS.— resentatives of the United States of America in for damages of any kind for any injury aris- There are authorized to be appropriated to Congress assembled, ing out of an act, omission, or occurrence re- the Attorney General such sums as may be SECTION 1. SHORT TITLE. lating to the land (including any improve- necessary for each of the fiscal years 2008 This Act may be cited as the ‘‘American ments to the land) conveyed under the con- through 2012 to carry out subsection (a). Falls Reservoir District Number 2 Convey- veyance. ance Act’’. (b) EXCEPTION.—Subsection (a) shall not By Mr. CRAPO (for himself and SEC. 2. DEFINITIONS. apply to liability for damages resulting from Mr. CRAIG): In this Act: an injury caused by any act of negligence S. 477. A bill to authorize the Sec- (1) AGREEMENT.—The term ‘‘Agreement’’ committed by the United States (or by any retary of the Interior to convey certain means Agreement No. 5–07–10–L1688 between officer, employee, or agent of the United land and improvements of the Gooding the United States and the District, entitled States) before the date of completion of the Division of the Minidoka Project, ‘‘Agreement Between the United States and conveyance. (c) FEDERAL TORT CLAIMS ACT.—Nothing in Idaho; to the Committee on Energy and the American Falls Reservoir District No. 2 to Transfer Title to the Federally Owned this section increases the liability of the Natural Resources. Milner-Gooding Canal and Certain Property United States beyond that provided in chap- Mr. CRAPO. Mr. President, I am Rights, Title and Interest to the American ter 171 of title 28, United States Code. pleased to reintroduce a bill today with Falls Reservoir District No. 2’’. SEC. 8. FUTURE BENEFITS. my colleague, Senator CRAIG to for- (2) DISTRICT.—The term ‘‘District’’ means (a) RESPONSIBILITY OF THE DISTRICT.—After mally convey title a portion of the the American Falls Reservoir District No. 2, completion of the conveyance of land and

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1529 improvements to the District under section tions of campaign committees. Finally, lice Reserves. He felt honored to serve 3(a)(1), and consistent with the Agreement, this bill would direct the Comptroller his country in the Reserves and hoped the District shall assume responsibility for General to examine and report to Con- to return to serve his community as a all duties and costs associated with the oper- gress on the enforcement of the crimi- police officer. Unfortunately, when he ation, replacement, maintenance, enhance- ment, and betterment of the transferred land nal provisions of the Federal campaign returned from his 11-month deploy- (including any improvements to the land). finance laws. ment in Iraq, he brought the traumas (b) ELIGIBILITY FOR FEDERAL FUNDING.— I urge my colleagues to support this of war with him. He committed suicide (1) IN GENERAL.—Except as provided in common sense reform proposal. a few days before Christmas in 2005. He paragraph (2), the District shall not be eligi- was just 22 years old. ble to receive Federal funding to assist in By Mr. HARKIN (for himself, Mr. This was a preventable death. If Josh any activity described in subsection (a) re- GRASSLEY, Mr. ROCKEFELLER, and his family had had better access to lating to land and improvements transferred Ms. SNOWE, Mr. DURBIN, Mr. mental health services; if they had under section 3(a)(1). SMITH, Mr. LAUTENBERG, Mr. been trained to recognize the symp- (2) EXCEPTION.—Paragraph (1) shall not THUNE, Mr. KERRY, Mr. apply to any funding that would be available toms of PTSD; and if they had known to a similarly situated nonreclamation dis- BROWNBACK, and Mr. SCHUMER): where to turn for help; then the trag- trict, as determined by the Secretary. S. 479. A bill to reduce the incidence edy of his death might well have been SEC. 9. NATIONAL ENVIRONMENTAL POLICY ACT. of suicide among veterans; to the Com- avoided. Before completing any conveyance under mittee on Veterans’ Affairs. In his honor, Senator GRASSLEY and I this Act, the Secretary shall complete all ac- Mr. HARKIN. Mr. President, I am offer this legislation to improve the tions required under— honored to join with the distinguished services offered by the VA, and to bring (1) the National Environmental Policy Act senior Senator from my State, Senator down the appalling rate of suicide of 1969 (42 U.S.C. 4321 et seq.); GRASSLEY, to introduce the Joshua among veterans. (2) the Endangered Species Act of 1973 (16 Omvig Veterans Suicide Prevention First, this bill focuses on reducing U.S.C. 1531 et seq.); Act. (3) the National Historic Preservation Act the stigma associated with seeking (16 U.S.C. 470 et seq.); and During my years in the Navy, I treatment for mental health problems. (4) all other applicable laws (including reg- learned one of the most important les- Almost 80 percent of soldiers serving in ulations). sons of my entire life: Never leave a Iraq and Afghanistan who exhibited SEC. 10. PAYMENT. buddy behind. That’s true on the bat- signs of mental health problems were (a) FAIR MARKET VALUE REQUIREMENT.—As tlefield—and it’s also true after our not referred for mental health services. a condition of the conveyance under section servicemembers return home. Taking More than two-thirds of the service- 3(a)(1), the District shall pay the fair market care of our veterans is a continuing members who screened positive for a value for the withdrawn lands to be acquired cost of national defense, and we need to mental health problem reported that by them, in accordance with the terms of the make sure we don’t abandon them once they were concerned about the stigma Agreement. they return home. (b) GRANT FOR BUILDING REPLACEMENT.—As associated with seeking treatment. soon as practicable after the date of enact- Our service men and women endure Given these statistics, our bill calls ment of this Act, and in full satisfaction of tremendous stress during combat. Al- for the creation of a mental health the Federal obligation to the District for the most all of our soldiers reported being campaign to increase awareness of replacement of the structure in existence on under fire while serving in Iraq and mental illness and the risk factors for that date of enactment that is to be trans- knowing someone seriously injured or suicide. Veterans need to hear from ferred to the National Park Service for in- killed. Returning home and rejoining members of the chain of command, clusion in the Minidoka Internment National their families and friends can be a time leadership within the VA, and from Monument, the Secretary, acting through of hope and joy, but it can also be a the Commission of Reclamation, shall pro- their peers that seeking mental health vide to the District a grant in the amount of time of enormous stress. In particular, services is important for their health, $52,996, in accordance with the terms of the the traumas and memories of combat their families, and no different than Agreement. service can cause profound problems. seeking treatment for a physical Army studies show that around 25 per- health issue, such as chronic pain or a By Mr. MCCAIN (for himself and cent of soldiers who have served in Iraq broken leg. Mr. FEINGOLD): display symptoms of serious mental- Second, this bill ensures that VA S. 478. A bill to amend the Federal health problems, including depression, staff and medical personnel will receive Election Campaign Act of 1971 to re- substance abuse and post-traumatic suicide prevention and education train- place the Federal Election Commission stress disorder (PTSD). ing so that they can recognize when with Federal Election Administration, Tragically, suicide disproportion- and where to refer veterans for assist- and for other purposes; to the Com- ately affects veterans. In 2004, veterans ance. Additionally, the legislation en- mittee on Rules and Administration. accounted for more than 20 percent of sures 24-hour access to mental health Mr. MCCAIN. Mr. President, I am deaths by suicide, yet they make up care for those who are at risk for sui- pleased to be joined by my good friend only 10 percent of the general popu- cide, including those in rural or remote and colleague from Wisconsin, Senator lation. We should be addressing this areas. Veterans who do not have easy FEINGOLD in once again introducing shocking rate of suicide among our vet- access to VA hospitals and veterans legislation to replace the Federal Elec- erans. But the Department of Veterans centers must be assured of access to tion Commission (FEC) with the Fed- Affairs (VA) currently does not have services during periods of crisis. eral Election Administration (FEA). appropriate suicide prevention, early Finally, this bill recognizes the im- The FEA would serve as an inde- detection, and treatment programs portance of family and peer support. It pendent body to enforce Federal cam- available to meet the needs of our vet- trains peer counselors to understand paign laws—something the FEC has erans. This is unacceptable! The aim of the risk factors for suicide, provide been unable, and often unwilling, to do. our bill is to improve early detection support during readjustment, and to This legislation would terminate the and intervention; provide access to assist veterans in seeking help. This FEC and establish a new regulatory en- services for veterans in crisis; and, bill also engages family members by tity. Using a new organizational struc- thereby, prevent the unnecessary helping them to understand the read- ture and administrative law judges, we deaths of the men and women who have justment process; to recognize the hope to avoid the routine partisan put their lives on the line to defend our signs and symptoms of mental illness; deadlocks that are now so prevalent at nation. and let them know where to turn for the FEC. Joshua Omvig was one such veteran. assistance. By enlisting the aid and This bill would authorize the new Josh was a member of the United support of family members and peers, FEA to impose civil penalties, issue States Army Reserve 339th MP Com- we will reduce the likelihood that our cease and desist orders, report appar- pany, based in Davenport, IA. Before veterans suffer in isolation. ent criminal violations to the appro- leaving for Iraq, he was a member of The stresses that our service men priate law enforcement authorities, the Grundy Center Volunteer Fire De- and women endure in combat are and conduct audits and field examina- partment and the Grundy Center Po- strong and can trigger severe mental

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1530 CONGRESSIONAL RECORD — SENATE February 1, 2007 health issues. Although our men and including the transfer of its acquired to their education, their families and women may come home safely, the war property to other government agencies, their communities. Tribal colleges and isn’t over for them. Often, the physical without interfering with the comple- universities have been highly success- wounds of combat are repaired, but the tion of its report. Furthermore, the ful in helping Native Americans obtain mental damage—the psychological time extension requested does not con- a higher education. Congress has recog- scars of combat—can haunt a person template the appropriation of any addi- nized the importance of these institu- for a lifetime. The Federal Government tional funding to the Commission. In tions and the significant gains they has a moral contract with those who fact, the Commission expects that it have achieved in helping more individ- have fought for our country and sac- will likely return at least $500,000 to uals obtain their education. While Con- rificed so much. Together, we can work the Treasury of the $4 million allocated gress has steadily increased its finan- to make good on that contract. Our to it upon fulfillment of its purpose. cial support of these institutions, service men and women deserve to This 30 day extension is merely di- many challenges still remain. know that we will not forget about rected at the administrative process of One of the challenges that the tribal their service—and we will not leave wrapping up operations. college presidents have expressed to me them behind. I urge my colleagues to support this is the frustration and difficulty they legislation that will effectively and ef- have in attracting qualified individuals By Mr. KOHL (for himself, Mr. ficiently allow the Antitrust Mod- to teach at the colleges. Recruitment HATCH, and Mr. SPECTER): ernization Commission to complete its and retention are difficult for many of S. 480. A bill to amend the Antitrust designated tasks. the colleges because of their geo- Modernization Commission Act of 2002, I ask unanimous consent that the graphic isolation and low faculty sala- to extend the term of the Antitrust text of the bill be printed in the ries. Modernization Commission and to RECORD. To help tackle the challenges of re- make a technical correction; to the There being no objection, the text of cruiting and retaining qualified fac- Committee on the Judiciary. the bill was ordered to be printed in ulty, I am introducing the Tribal Col- Mr. KOHL. Mr. President, I rise the RECORD, as follows: leges and Universities Faculty Loan today to introduce the Antitrust Mod- S. 480 Forgiveness Act. This legislation will ernization Commission Extension Act Be it enacted by the Senate and House of Rep- provide student loan forgiveness to in- of 2007. This legislation will ensure resentatives of the United States of America in dividuals who commit to teach for up that the Commission is able to finalize Congress assembled, to five years in one of the tribal col- its report examining the state of the SECTION 1. SHORT TITLE. leges nationwide. Individuals who have Nation’s antitrust laws in a timely This Act may be cited as the ‘‘Antitrust Perkins, Direct, or Guaranteed loans manner by granting it a brief 30 day ex- Modernization Commission Extension Act of may qualify to receive up to $15,000 in tension to close out its operations. I 2007’’. loan forgiveness. This will provide thank my co-sponsors Senators HATCH SEC. 2. EXTENSION OF TERMINATION. these institutions with extra help in and SPECTER for joining me in intro- Section 11059 of the Antitrust Moderniza- attracting qualified faculty, and thus ducing this measure. tion Commission Act of 2002 (15 U.S.C. 1 note) is amended— help ensure that deserving students re- Congress established the Antitrust ceive a quality education. Finally, the Modernization Commission through (1) by striking ‘‘30 days’’ and inserting ‘‘60 days’’; and bill also includes loan forgiveness for the passage of the Antitrust Mod- (2) by striking ‘‘section 8’’ and inserting nursing instructors at the few tribal ernization Act of 2002. The Commis- ‘‘section 11058’’. colleges with accredited nursing pro- sion’s purpose was to ‘‘examine wheth- grams. Nursing instructors currently er the need exists to modernize the By Mr. CONRAD (for himself, Mr. receive loans through the Department antitrust laws’’ of our Nation. In ful- DOMENICI, Mr. DORGAN, Mr. of Health and Human Services for their fillment of this purpose the Commis- MCCAIN, Mr. BINGAMAN, Mr. training. As a result, without the sion is now finalizing a comprehensive KOHL, and Mr. THUNE): added provision in this bill, they would report due to both Congress and the S. 481. A bill to recruit and retain not qualify for assistance. President by April 2, 2007. Currently, more qualified individuals to teach in I would be remiss if I did not recog- the Commission expects the report to Tribal Colleges or Universities; to the nize that former Senator Daschle was be submitted in a timely manner. The Committee on Indian Affairs. responsible for spearheading this ini- Commission is concerned, however, Mr. CONRAD. Mr. President, 5 years tiative for a number of years. The trib- with the sufficiency of the statutorily ago, I formed the bipartisan Task al colleges lost a true champion, but I required 30 day deadline to dismantle Force on Tribal Colleges and Univer- am pleased to carry forward his vision itself following the submission of the sities to raise awareness of the impor- and support for the colleges. report. tant role that the tribal colleges and I am pleased that Senators DOMENICI, In order to comply with the current universities play in their respective DORGAN, MCCAIN, BINGAMAN, KOHL and statutory framework and shut down communities as educational, economic, THUNE are original cosponsors of this operations within 30 days of the re- and cultural centers. The Task Force bill, and I look forward to working port’s submission date, the Commis- seeks to advance initiatives that help with my colleagues to pass this impor- sion will need to begin archiving its improve the quality education the col- tant legislation. records prior to its completion of the leges provide. report. This large administrative un- For more than 3 decades, tribal col- By Mr. ENZI (for himself and Mr. dertaking will interfere with the Com- leges have been providing a quality KENNEDY): mission’s final efforts on the report education to help Native Americans of S. 484. A bill to amend the Public given the Commission’s very limited all ages reach their fullest potential. Health Service Act and the Federal staff resources. In view of the impor- More than 30,000 students from 250 Food, Drug, and Cosmetic Act to im- tance of the report, it is imperative tribes nationwide attend tribal col- prove drug safety and oversight, and that no aspect of this report be jeop- leges. Tribal colleges serve young peo- for other purposes; to the Committee ardized by administrative deadlines. To ple preparing to enter the job market, on Health, Education, Labor, and Pen- alleviate this burden on the closing op- dislocated workers learning new skills, sions. erations of the Commission, I am intro- and people seeking to move off welfare. Mr. ENZI. Mr. President, I rise today ducing this legislation to extend the I am a strong supporter of our Nation’s to introduce a very important bill, one Commission’s administrative shutdown tribal colleges because, more than any that my colleague Senator KENNEDY period from 30 days to 60 days. other factor, they are bringing hope and I have been working on for some Granting an additional 30 days to the and opportunity to America’s Indian time. Commission will provide it with time communities. For decades, the United States has to archive Commission records and Over the years, I have met with been the standard bearer in bringing work product, while allowing it to per- many tribal college students, and I am new drugs and medications to the form other necessary close-out tasks, always impressed by their commitment world market. Like it or not, the FDA

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1531 has a very important role in all of our While the bill we are introducing I want to thank the dozens of stake- daily lives. The FDA is involved in en- today reflects numerous refinements to holders, including the Food and Drug suring the safety of the meals we are clarify ambiguities or to address issues Administration, patient and consumer eating today, the pills we are taking, that S. 3807 had not addressed, we real- groups, industry associations, indi- and even the cell phones in our pockets ize that there are thoughtful dif- vidual companies, and scientific ex- and briefcases. The FDA’s role in our ferences of opinion and ideas on how perts who have taken the time and ef- health and in our economy is broad. best to move forward with drug safety. fort to give us their comments and Nearly half of all Americans take a I welcome any and all suggestions on input on the bill. Their assistance has prescription drug daily. Anyone who improving this bill, and I look forward been invaluable, and I look forward to prescribes, provides or takes a prescrip- to working with my colleagues and continuing to work with them as we go tion drug could benefit from enhanced other stakeholders to understand those through this legislative process. safety and risk communication about concerns more fully and incorporate Senator KENNEDY and I believe that these life-saving products. Over the any necessary changes in the bill which this bipartisan effort will bring more last few years, a spate of safety issues, will be considered in front of the HELP consistency, transparency, and ac- such as the withdrawal of the arthritis Committee in the next few weeks. I countability to the process of assuring drug Vioxx and the labeling of hope that all of my colleagues will a drug’s safety after it is approved. The antidepressants for suicidality in ado- take another look at this legislation 110th Congress will hold an exception- lescents, has caused a crisis of public and its goals and work with me to ally full agenda with respect to the confidence in the FDA. I believe the change the status quo. Everyone FDA. In addition to updating the American people are losing confidence agrees: We must do more for drug safe- FDA’s authorities as we are proposing in the FDA and its ability to evaluate ty. today, Congress must renew the drug and weigh the benefits and risks of pre- Under the Enhancing Drug Safety and device user fee programs, as well as scription drugs. In addition, staff at and Innovation Act, FDA would begin the Best Pharmaceuticals for Children the agency feel like they are under to approve drugs and biologics, and and Pediatric Research Equity Acts. heavy fire, with little or no protection new indications for these products, The introduction of this bill today is from the prevailing political winds, due with risk evaluation and mitigation the beginning, not the end, of the proc- to the lack of a confirmed Commis- strategies (REMS). The REMS is de- ess, and I look forward to working with sioner of Food and Drugs for most of signed to be an integrated, flexible my colleagues to advance these impor- the last six years. I believe that only mechanism to acquire and adapt to tant pieces of legislation. Mr. KENNEDY. Mr. President, it is a Congress can restore the public’s con- new safety information about a drug. privilege to join Senator ENZI in intro- fidence in FDA and morale at the agen- The sponsor and FDA will assess and ducing the Enhancing Drug Safety and cy. review an approved REMS at least an- Innovation Act of 2007. The goals of the In 2005, the HELP Committee held nually for the first three years, as well legislation are to strengthen the Food two hearings on the issue of drug safe- as in applications for a new indication, and Drug Administration’s authority ty. We received over 50 recommenda- when the sponsor suggests changes, or tions from witnesses at those hearings. over the safety of prescription drugs when FDA requests a review based on after they are approved; to encourage At that time, Senator KENNEDY and I new safety information. innovation in medical products; to in- pledged to develop a comprehensive re- The development of tools to evaluate crease access to clinical trials for pa- sponse to the drug safety issues raised. medical products has not kept pace tients and ensure that doctors and pa- Last August, we introduced the En- with discoveries in basic science. New tients are aware of the results of clin- hancing Drug Safety and Innovation tools are needed to better predict safe- ical trials involving the drugs they pre- Act. That bill, S. 3807, was the product ty and efficacy, which in turn would in- scribe and use; and to improve the of working across party lines, and cre- crease the speed and efficiency of ap- screening of members of FDA’s sci- ated a structured framework for resolv- plied biomedical research. The Enhanc- entific advisory committees to avoid ing safety concerns. Careful and com- ing Drug Safety and Innovation Act conflicts of interest. prehensive pre-approval planning of would spur innovation by establishing The withdrawal of the drug Vioxx how drugmakers and FDA will identify, a new public-private partnership be- from the market 2 years ago dem- assess and manage serious risks post- tween the FDA, industry and academia onstrated again that all prescription approval is a better way to obtain safe- to advance the Critical Path Initiative drugs have risks, many of which are ty information without compromising and improve the sciences of developing, unknown when a drug is approved, or patient access. manufacturing, and evaluating the even for years after approval. We need In September 2006, the Institute of safety and effectiveness of drugs, de- a more effective system to identify and Medicine released its report titled vices, biologics and diagnostics. assess the serious risks of drugs, in- ‘‘The Future of Drug Safety: Pro- The Enhancing Drug Safety and In- form health care providers and patients moting and Protecting the Health of novation Act also establishes a central about such risks, and manage and miti- the Public.’’ The recommendations in clearinghouse for information about gate these risks as soon as they are de- this report had much in common with clinical trials and their results to help tected. S. 3807. The Senate HELP Committee patients, providers and researchers Our bill will require drugs to have a held a hearing in November 2006 at learn new information and make more risk evaluation and mitigation strat- which representatives of the IOM, a informed health care decisions. egy when it is approved. For many physician and drug safety expert, pa- Finally, the Enhancing Drug Safety drugs, the strategy will include only tient groups, a consumer group, and a and Innovation Act would make im- the drug labeling, reports of adverse pharmaceutical company testified provements to FDA’s process for events, a justification for why only about the IOM report, the bill, and the screening advisory committee mem- such reporting is needed, and a time- relationship between them. In addition, bers for financial conflicts of interest. table for assessing how the REMS is other stakeholder groups made addi- FDA relies on its 30 advisory commit- working. tional comments on the bill. Yester- tees to provide independent expert ad- The FDA will be able to include addi- day, FDA released their response to the vice, lend credibility to the product re- tional requirements for drugs that pose IOM report. Newly confirmed Commis- view process, and inform consumers of serious risks, such as by requiring that sioner Dr. Andrew von Eschenbach has trends in product development. The bill the drug be dispensed with labels that put forward a number of promising would clarify and streamline FDA’s patients can understand, that the drug ideas to improve the internal processes processes for evaluating candidates for company have a plan to inform health and culture at FDA. His leadership is service on an advisory committee, and care providers about how to use the outstanding and his ideas are helpful, address the key challenge of identi- drug safely, and that a drug should not but internal change is not enough to fying a sufficient number of people be advertised directly to consumers for alter public perception. FDA needs new with the necessary expertise and the up to 2 years after approval. If a seri- drug safety authorities, and this bill fewest potential conflicts of interest to ous safety concern needs to be under- provides those authorities. serve on advisory committees. stood, FDA can require further studies

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1532 CONGRESSIONAL RECORD — SENATE February 1, 2007 or even clinical trials after the drug is or the publication of trial results in a I believe our bill offers a means by approved. Enhanced data collection peer- reviewed journal. which anyone who is honestly com- and data mining techniques will help The public needs to know about the mitted to addressing global warming identify risk signals earlier and more results of clinical trials on drugs. Trag- can vote to improve our environmental thoroughly. ically, such information was not ade- future while preserving our economy. For drugs with the most serious side quately available for the clinical stud- We call for 65 percent reductions of effects, FDA will be able to require ies of antidepressants in children. greenhouse gas emissions by 2050 for all that its risk evaluation and mitigation Posting information in the clinical major sectors of our society, and start- strategy include the restrictions on trials registry and the clinical trials ing in 2010, we put these called-for distribution or use needed to assure its results database will be requirements emissions reductions on a downward safe use. for federal research funding and for glide path to make the reductions real- The FDA will be able to impose any drug review and approval by the FDA. istic yet aggressive. It takes a forward- of these requirements at the time a Both the FDA and other appropriate looking, comprehensive, science-based drug is approved. The agency can also offices in the Department of Health approach to tackling this issue without modify the labeling or otherwise alter and Human Services will review the putting a stranglehold on our economy. a drug’s availability after the approval. content of submissions to the results This is the right course at the right The drug’s manufacturer will propose database to ensure they are truthful cost. the overall strategy, or modifications and nonpromotional. These Federal re- While Congress fiddles, alpine gla- to it, and the FDA and the company quirements will preempt State require- ciers and polar ice caps millions of will try to work out an adequate com- ments for clinical trial databases. years old are melting. Sea levels are promise. If the agency and the com- Finally, the bill will improve FDA’s rising globally. Manmade carbon diox- pany cannot agree, the agency’s Drug process for screening advisory com- ide levels and the average global tem- Safety Oversight Board can review the mittee members for financial conflicts perature have increased at unprece- dispute and recommend a resolution to of interest. The agency relies on advi- dented levels over the past century— senior FDA officials, who will make sory committees to provide inde- and are projected to increase up to 8.1 the final decision. pendent, expert, nonbinding rec- degrees Fahrenheit in the next 100 ommendations on significant issues. Civil monetary penalties are added to years. Meanwhile, the CO2 we continue FDA’s traditional enforcement author- Ideally, committee members should be to release today while we await mean- ity to ensure compliance. Drug user free of any financial ties to the compa- ingful action will remain in the atmos- fees will also be used to review and im- nies affected by an issue before a com- phere for at least a century—with con- plement the program. mittee. But at times, there may be no centrations rising in the coming dec- individual without financial ties to The bill formalizes and makes man- ades. Just think—CO2 emissions from datory what is now only informal and such companies—for example, when the Henry Ford’s very first car are still in voluntary. Our intent is not to change issue involves a rare disease or a cut- the atmosphere. Clearly, we can’t af- the standards for approving drugs, but ting edge medical technology. In these ford to wait any longer. to see that the FDA has the ability to cases, the FDA must be able to grant a And it’s not as though we aren’t lit- identify, assess, and manage risks as waiver to allow an individual with es- erally catapulting toward a consensus they become known. Better risk man- sential expertise to serve on the com- on at least the existence of the prob- agement will mean that drugs with mittee. The bill will require the agency lem. We have a Federal agency, NOAA, to seek qualified experts with minimal special benefits for some patients will reporting that 2006 was the warmest conflicts, clarify how it makes waiver remain available, despite serious risks year since regular temperature records decisions, and disclose those decisions for other patients, because FDA can began in 1895 and the past nine years at least 15 days before a committee better identify the risks and manage have been among the 25 warmest years meeting. on record for the contiguous U.S. Even them. Our bill is a comprehensive response The bill helps to improve drug safety though the President announced no to drug safety and other important in other ways as well. The Reagan- new direct climate policy changes, he issues involving prescription drugs and Udall Institute for Applied Biomedical other medical technologies. I commend did state in his most recent State of Research will be a new public-private the Union Address that we must con- Chairman ENZI and his dedicated partnership at the FDA to advance the staff—especially Amy Muhlberg—for front the serious challenge of global agency’s critical path initiative. The working closely with us on this pro- climate change. Just last week, a coalition of ten initiative is intended to improve the posal, and I urge our colleagues to sup- major U.S. companies came together to science of developing, manufacturing, port it. and evaluating the safety and effec- form the U.S. Climate Action Partner- tiveness of drugs, biologics, medical de- By Mr. KERRY (for himself and ship—Alcoa, BP America, Caterpillar, vices, and diagnostics. Ms. SNOWE): Duke Energy, DuPont, General Elec- The Institute will be supported by S. 485. A bill to amend the Clean Air tric, FPL Group, Lehman Brothers, Federal funds and by contributions Act to establish an economy-wide glob- PG&E, and PNM Resources all have ad- from the pharmaceutical and device in- al warming pollution emission cap-and- vocated for a mandatory carbon cap- dustries. Philanthropic organizations trade program to assist the economy in and-trade system—as our bill provides. will be able to supplement Federal sup- transitioning to new clean energy tech- Even ExxonMobil, long skeptical on port. The institute will have a board of nologies, to protect employees and af- anthropogenic global warming, re- directors and an executive director, fected communities, to protect compa- cently saw its CEO state that ‘‘the risk and will report to Congress annually on nies and consumers from significant in- [of climate change] is so great that it its operations. creases in energy costs, and for other justifies taking action.’’ The bill will also expand the public purposes; to the Committee on Fi- Two years ago, I became co-chair of database at NIH to encourage more pa- nance. the International Climate Change tients to enroll in clinical trials of Ms. SNOWE. Mr. President, I rise Taskforce, comprised of respected sci- drugs. The database will build on the today to support the Global Warming entists, business leaders, and elected current systems and would include late Reduction Act of 2007. Senator KERRY officials from eight industrialized and phase II, phase III, and all phase IV and I are here today offering this legis- developing nations. The first and sig- clinical trials for all drugs. lation because the issue of global nificant recommendation we published A second, publicly available database warming is no longer seriously open to was to prevent global temperatures would include the results of phase III skepticism. The preponderance of peer- from rising above 3.6 degrees Fahr- and phase IV clinical trials of drugs, reviewed scientific evidence is irref- enheit in the next century—because with the possibility that late phase II utable and the cost of inaction incalcu- science suggests that beyond this tem- trials would be added later. Posting of lable. It is no longer a question of perature increase there is a tipping results could be delayed for up to 2 science—it is now a question of polit- point—a possible abrupt climate years, pending the approval of the drug ical will. change that would have a catastrophic

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And it does so HARKIN, Mr. ROCKEFELLER, Mr. private loans frequently carry much by both instituting the successful Cali- KERRY, and Mr. SCHUMER): higher interest rates, especially for fornia emissions standards that have S. 486. A bill to establish require- students without credit histories and already been embraced by other ments for lenders and institutions of families without strong credit ratings. States—including seven northeastern higher education in order to protect In some cases, the interest rates on pri- States like my home State of Maine— students and other borrowers receiving vate loans may be as high as 19 percent and that provide industry with predict- educational loans; to the Committee on a year, compared to 6.8 percent for ability and uniformity . . . and also Health, Education, Labor, and Pen- loans offered through the FFEL and putting in place a flexible but manda- sions. Direct Loan programs. tory carbon ‘‘cap and trade’’ system Mr. KENNEDY. Mr. President, it’s a The lenders also don’t tell you about that uses the power of the ‘‘invisible privilege to join my colleague, Senator the aggressive tactics they use to per- hand’’ to reduce emissions more cost- DURBIN, in introducing the Student suade colleges to offer private loans to effectively for businesses. Loan Sunshine Act, to provide greater their students—and to persuade stu- And to encourage greater investment support for students and families dents to borrow directly as well. in renewable energy, we also call for 20 across America who are struggling The private company Student Loan percent of America’s electricity to with great difficulty to pay for college. Xpress has offered 100 percent loan ap- come from renewable sources by 2020. Over the past 20 years, the cost of at- proval at colleges if the college agrees But at the same time we provide incen- tending college has doubled. Today, the to ‘‘brand’’ the private loan with the tives for advanced technologies so that average cost of attendance at a 4-year college’s name and emblem—making existing industries can actually make public college is almost $13,000. As a re- the loan appear to be offered by the investments into cleaner infrastruc- sult, students and families are going college, not the private lender. ture. deeper and deeper into debt to finance Other private loan companies encour- Moreover, with the U.S. comprising the cost of higher education. In 1993, age borrowers not to fill out the Free only four percent of the world’s popu- fewer than a third of students at four- Application for Federal Student Aid, lation yet emitting 20 percent of the year colleges graduated with debt to which allows borrowers to obtain loans world’s carbon dioxide, we think it’s pay on their student loans. Today that at lower interest rates. They don’t time our response to this crisis become number has doubled. Two-thirds of stu- prominently disclose the fact that proportional to our nation’s contribu- dents now graduate with student loan their interest rates are typically much tion to the problem. And that’s why debt. higher. our bill also urges the U.S. to return to The average debt load has soared as Some lenders make gifts to college the international negotiating table. well. In the past decade, it has in- and university employees. Loan to Global warming is a comprehensive creased by 57 percent at public colleges Learn invited college officials and problem that demands the kind of com- and 38 percent at private colleges. their spouses to an all-expenses paid prehensive approach our bill provides— Today, the typical graduate leaves col- ‘‘education conference’’ in the West In- with measures to minimize the effects lege saddled with $17,000 in student dies. Many lenders who participate in on our communities and our eco- loans. the FFEL program offer similar ‘‘edu- systems that other bills acknowledge Nowhere has this growth been more cational conferences’’ at fancy hotels, are inevitable but do not address. Ours pronounced than in private student and offer free entertainment and tick- is the only climate bill to be intro- loans. Until recently, most students ets to sporting events to college offi- duced that calls for research to assess who borrowed for college took out cials. The Attorney General in New the vulnerability of coral reefs to in- loans under the Direct Loan program York State has opened an investigation creased CO2 deposits, and of marine or- and the Federal Family Education into such practices and is looking into ganisms throughout the marine food Loan program—the two main student the practices of six lenders, including web. Our bill also calls for the creation loan programs subsidized by the Fed- Sallie Mae, Nelnet, and Educap, the of a ‘‘vulnerability scorecard’’ to pro- eral Government. corporate name of Loan to Learn. vide communities with a yardstick for With the cost of college rising rap- We need to take immediate steps to them to measure the potential impact idly and grant aid stagnating, however, stop actions that prevent students of climate change and make informed more and more students are turning to from obtaining the best loan agree- decisions to minimize the impact. the private loan sector and are taking ment possible. That is what the Stu- In the end, government leaders out so-called ‘‘alternative loans’’—pri- dent Loan Sunshine Act does. should make no mistake—the public vate loans that lenders offer through First and foremost, it is a consumer understands the severity of the risk of colleges and universities. Students are protection measure. It will protect stu- inaction on this crucial issue, with half also borrowing increasingly from di- dent and parent borrowers by ending of voters reporting in a recent Zogby rect-to-consumer education lenders, the inappropriate lender practices I’ve poll that concerns about global warm- which include giant lenders such as just mentioned. ing made a difference in who they Sallie Mae that also participate in the It prohibits lenders from offering to a voted for and 58 percent said that com- FFEL program, as well as other compa- college employee any gift worth more bating global warming should be a high nies that just offer private-market than $10, including free or discounted priority. So the truth is that elected loans, such as Loan to Learn. trips, meals, invitations to entertain- officials ignore the public’s concerns A decade ago, private loans ac- ment events or other form of hospi- with global warming at their own counted for only 3 percent of all funds tality. peril—just as we ignore the danger to used to finance students’ post-sec- It prohibits lenders from offering the detriment of our children and fu- ondary education. Since then, the vol- services to financial aid offices that ture generations. ume of private loans has grown by an create a conflict of interest, such as The opportunity to stop, and ulti- astronomical 1200 percent. Today, pri- lending staff during peak loan proc- mately reverse, global climate change vate loans now total $17 billion, and essing times. It also prohibits lenders is not open-ended. The clock is ticking represent 20 percent of all borrowing from ‘‘branding’’ their loans with a col- . . . and the cost of inaction continues for higher education. lege name, emblem, or logo. to escalate. We recognize the major Many lenders making these private The Sunshine Act also arms students cause of global warming and we under- loans claim they’re providing an im- and parents with the information they stand what a solution requires. Now we portant service. They say that at a need to make wise decisions when they are compelled to muster the political time when college prices are rising rap- borrow funds for higher education.

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Title I of the Higher Education Act of 1965 was entered into and the period for which It requires the Secretary of Edu- (20 U.S.C. 1001 et seq.) is amended by adding the arrangement applies. cation, together with members of the at the end the following: ‘‘(2) A summary of the terms of the ar- higher education community and stu- ‘‘PART E—LENDER AND INSTITUTION RE- rangement related to the marketing, recom- dents, to develop a clear, easy-to-use QUIREMENTS RELATING TO EDU- mending, endorsing, or use of, the loans. model format for reporting the terms CATIONAL LOANS ‘‘(3) The full details of any aspect of the ar- rangement relating to the covered institu- and conditions of student loans, simi- ‘‘SEC. 151. DEFINITIONS. tion issuing loans and the lender (or a finan- lar to the APR disclosure required for ‘‘In this part: cial partner of the lender) servicing or pur- other types of loans. ‘‘(1) COVERED INSTITUTION.—The term ‘cov- chasing such loans. If a college creates a ‘‘preferred lend- ered institution’— ‘‘(4) A summary of any direct or indirect ‘‘(A) means any educational institution er’’ list, the Act requires the college to benefit provided or paid to any party in con- that offers a postsecondary educational de- disclose clearly and fully why it has nection with the arrangement. gree, certificate, or program of study (in- identified a lender as a preferred lend- ‘‘(b) PROVISION OF LOAN INFORMATION.—A er. Schools must also include at least cluding any institution of higher education, lender may not provide a private educational as such term is defined in section 102) and re- three nonaffiliated lenders on the list, loan to a student attending a covered insti- ceives any Federal funding or assistance; and tution with which the lender has an edu- so that students have a real choice. Fi- ‘‘(B) includes an agent of the educational nally, the Sunshine Act also addresses cational loan arrangement, or the parent of institution (including an alumni association, such student, until the covered institution the fast-growing direct-to-consumer booster club, or other organization directly has informed the student or parent of their educational loan market. It offers new or indirectly associated with such institu- remaining options for borrowing under title protections for students who take out tion) or employee of such institution. IV, including information on any terms and direct-to-consumer loans, so they don’t ‘‘(2) EDUCATIONAL LOAN.—The term ‘edu- conditions of available loans under such title borrow more than is necessary to pay cational loan’ (except when used as part of that are more favorable to the borrower. for their college education. the term ‘private educational loan’) means— ‘‘(c) USE OF INSTITUTION NAME.— The Act requires all lenders of direct- ‘‘(A) any loan made, insured, or guaranteed ‘‘(1) IN GENERAL.—A covered institution under title IV; or to-consumer private educational loans that has entered into an educational loan ar- ‘‘(B) a private educational loan (as defined rangement with a lender regarding private to state clearly and prominently that in paragraph (5)). educational loans shall not allow the lender borrowers may qualify for low-interest ‘‘(3) EDUCATIONAL LOAN ARRANGEMENT.— to use the name, emblem, mascot, or logo of loans through the Federal Govern- ‘‘The term ‘educational loan arrangement’ the institution, or other words, pictures, or ment’s loan programs. It also requires means an arrangement or agreement be- symbols readily identified with the institu- lenders to clearly disclose the terms tween a lender and a covered institution— tion, in the marketing of private educational and conditions of the loans they’re of- ‘‘(A) under which arrangement or agree- loans to the students attending the institu- fering, including any hidden fees, as ment a lender provides or otherwise issues tion in any way that implies that the insti- well as any complaints against the educational loans to the students attending tution endorses the private educational the covered institution or the parents of lender that have been filed by con- loans offered by the lender. such students; and ‘‘(2) APPLICABILITY.—Paragraph (1) shall sumer agencies such as the Better ‘‘(B) which arrangement or agreement— apply to any educational loan arrangement, Business Bureau or the state attorney ‘‘(i) relates to the covered institution rec- or extension of such arrangement, entered general’s office. ommending, promoting, endorsing, or using into or renewed after the date of enactment Before a direct-to-consumer lender the loan product of the lender; and of the Student Loan Sunshine Act. can offer an education loan of more ‘‘(ii) involves the payment of any fee or ‘‘SEC. 153. INTEREST RATE REPORT FOR INSTITU- than $1000, the Act requires the lender provision of other material benefit by the TIONS AND LENDERS PARTICI- to notify the borrower’s college of the lender to the institution or to groups of stu- PATING IN EDUCATIONAL LOAN AR- amount of the proposed loan, so that dents who attend the institution. RANGEMENTS. ‘‘(4) LENDER.— ‘‘(a) SECRETARY DUTIES.— the school can advise the borrower ‘‘(A) IN GENERAL.—The term ‘lender’— ‘‘(1) REPORT AND MODEL FORMAT.—Not later whether the loan exceeds what’s nec- ‘‘(i) means a creditor, except that such than 180 days after the date of enactment of essary to cover the student’s cost of at- term shall not include an issuer of credit the Student Loan Sunshine Act, the Sec- tendance after other aid sources are under a residential mortgage transaction; retary shall— factored in. and ‘‘(A) prepare a report on the adequacy of Students deserve the best loan advice ‘‘(ii) includes an agent of a lender. the information provided to students and the possible from financial aid officers and ‘‘(B) INCORPORATION OF TILA DEFINITIONS.— parents of such students about educational the best deal from lenders. They have The terms ‘creditor’ and ‘residential mort- loans (including loans made, insured, or guaranteed under title IV and private edu- the right to exhaust their federal loan gage transaction’ have the meanings given such terms in section 103 of the Truth in cational loans), after consulting with stu- eligibility before turning to more ex- Lending Act (15 U.S.C. 1602). dents, representatives of covered institutions pensive private lenders for aid. ‘‘(5) PRIVATE EDUCATIONAL LOAN.—The term (including financial aid administrators, reg- Going to college is a lifetime invest- ‘private educational loan’ means a private istrars, and business officers), lenders (in- ment, but paying for college is a heavy loan provided by a lender that— cluding lenders of private educational loans), burden for too many families. As the ‘‘(A) is not made, insured, or guaranteed loan servicers, and guaranty agencies; private student loan market continues under title IV; and ‘‘(B) include in the report a model format, to grow, it’s our responsibility to pro- ‘‘(B) is issued by a lender for postsecondary based on the report’s findings, to be used by tect students from exploitation in that educational expenses to a student, or the lenders and covered institutions in carrying parent of the student, regardless of whether out subsections (b) and (c)— market. ‘‘(i) that provides information on the appli- I thank the bill’s cosponsors, and I the loan is provided through the educational institution that the student attends or di- cable interest rates and other terms and con- urge my colleagues to support this bill rectly to the student or parent from the ditions of the educational loans provided by as well. It’s time we put students first, lender. a lender to students attending the institu- and the Student Loan Sunshine Act ‘‘(6) POSTSECONDARY EDUCATIONAL EX- tion, or the parents of such students, takes important steps to do just that. PENSES.—The term ‘postsecondary edu- disaggregated by each type of educational I ask unanimous consent that the cational expenses’ means any of the expenses loans provided to such students or parents by text of this bill be printed in the that are included as part of a student’s cost the lender, including— ‘‘(I) the interest rate and terms and condi- RECORD. of attendance, as defined under section 472. There being no objection, the text of ‘‘SEC. 152. REQUIREMENTS FOR LENDERS AND IN- tions of the loans offered by the lender for the upcoming academic year; the bill was ordered to be printed in STITUTIONS PARTICIPATING IN EDU- CATIONAL LOAN ARRANGEMENTS. ‘‘(II) with respect to such loans, any bene- the RECORD, as follows: ‘‘(a) REPORTING FOR LENDERS.—In addition fits that are contingent on the repayment S. 486 to any other disclosure required under Fed- behavior of the borrower; Be it enacted by the Senate and House of Rep- eral law, each lender that participates in 1 or ‘‘(III) the annual percentage rate for such resentatives of the United States of America in more educational loan arrangements shall loans, based on the actual disbursed amount Congress assembled, prepare and submit to the Secretary (at a of the loan;

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‘‘(IV) the average amount borrowed from stitution, or the parents of such students; ‘‘(3) RULE FOR GIFTS TO FAMILY MEMBERS.— the lender by students enrolled in the insti- and For purposes of this section, a gift to a fam- tution who obtain loans of such type from ‘‘(2) ensure that the report required under ily member of an employee or an agent of a the lender for the preceding academic year; paragraph (1) is made available to the public covered institution, or a gift to any other in- and and provided to students attending or plan- dividual based on that individual’s relation- ‘‘(V) the average interest rate on such ning to attend the covered institution, and ship with the employee or agent, shall be loans provided to such students for the pre- the parents of such students, in time for the considered a gift to the employee or agent ceding academic year; and student or parent to take such information if— ‘‘(ii) which format shall be easily usable by into account before applying for or selecting ‘‘(A) the gift is given with the knowledge lenders, institutions, guaranty agencies, and an educational loan. and acquiescence of the employee or agent; loan servicers; and ‘‘SEC. 154. PRIVATE EDUCATIONAL LOAN DISCLO- and ‘‘(C)(i) submit the report and model format SURE REQUIREMENTS FOR COV- ‘‘(B) the employee or agent has reason to to the Committee on Health, Education, ERED INSTITUTIONS. believe the gift was given because of the offi- Labor, and Pensions of the Senate and the ‘‘A covered institution that provides infor- cial position of the employee or agent. Committee on Education and Labor of the mation to any student, or the parent of such ‘‘SEC. 156. COMPLIANCE AND ENFORCEMENT. House of Representatives; and student, regarding a private educational loan ‘‘(a) CONDITION OF ANY FEDERAL ASSIST- ‘‘(ii) make the report and model format from a lender shall, prior to or concurrent ANCE.—Notwithstanding any other provision available to covered institutions, lenders, with such information— of law, a covered institution or lender shall and the public. ‘‘(1) inform the student or parent of— comply with this part as a condition of re- ‘‘(2) FORMAT UPDATE.—Not later than 1 ‘‘(A) the student or parent’s eligibility for ceiving Federal funds or assistance provided year after the submission of the report and assistance and loans under title IV; and after the date of enactment of the Student model format described in paragraph (1), the ‘‘(B) the terms and conditions of such pri- Loan Sunshine Act. Secretary shall— vate educational loan that are less favorable ‘‘(b) PENALTIES.—Notwithstanding any ‘‘(A) assess the adequacy of the model for- than the terms and conditions of educational other provision of law, if the Secretary de- mat included in the report; loans for which the student or parent is eli- termines, after providing notice and an op- ‘‘(B) after consulting with students, rep- gible, including interest rates, repayment portunity for a hearing for a covered institu- resentatives of covered institutions (includ- options, and loan forgiveness; and tion or lender, that the covered institution ing financial aid administrators, registrars, ‘‘(2) ensure that information regarding or lender has violated subsection (a)— and business officers), lenders (including such private educational loans is presented ‘‘(1) in the case of a covered institution, or lenders of private educational loans), loan in such a manner as to be distinct from in- a lender that does not participate in a loan servicers, and guaranty agencies— formation regarding loans that are made, in- program under title IV, the Secretary may ‘‘(i) prepare a list of any improvements to sured, or guaranteed under title IV. impose a civil penalty in an amount of not the model format that have been identified ‘‘SEC. 155. GIFT BAN FOR EMPLOYEES OF INSTI- more than $25,000; and as beneficial to borrowers; and TUTIONS. ‘‘(2) in the case of a lender that does par- ‘‘(ii) update the model format after taking ‘‘(a) GIFT BAN.—A lender or guarantor of ticipate in a program under title IV, the Sec- such improvements into consideration; and educational loans shall not offer any gift to retary may limit, terminate or suspend the ‘‘(C)(i) submit the list of improvements an employee or agent of a covered institu- lender’s participation in such program. and updated model format to the Committee tion. ‘‘(c) CONSIDERATIONS.—In taking any ac- on Health, Education, Labor, and Pensions of ‘‘(b) REPORTS OF GIFT BAN VIOLATIONS.— tion against a covered institution or lender the Senate and the Committee on Education ‘‘(1) EMPLOYEE REPORT.—Each employee or under subsection (b), the Secretary shall and Labor of the House of Representatives; agent of a covered institution shall report to take into consideration the nature and se- and the Inspector General of the Department of verity of the violation of subsection (a). ‘‘(ii) make the list of improvements and Education any instance of a lender or guar- ‘‘SEC. 157. GAO STUDY AND REPORTS. updated model format available to covered antor of educational loans (including an ‘‘(a) STUDY.—The Comptroller General of institutions, lenders, and the public. agent of the lender or guarantor) that at- the United States shall conduct a study on— ‘‘(3) USE OF FORM.—The Secretary shall tempts to give a gift to the employee or ‘‘(1) the gifts or financial or other material take such steps as necessary to make the agent in violation of subsection (a). benefits that are provided by lenders to cov- model format, and any updated model for- ‘‘(2) INSPECTOR GENERAL REPORT.—The In- ered institutions to secure, or as part of an mat, available to covered institutions and to spector General of the Department of Edu- effort to secure, the covered institutions’ encourage— cation shall investigate any reported viola- educational loan business; ‘‘(A) lenders subject to subsection (b) to tion of this subsection and shall annually ‘‘(2) the extent to which lenders issuing use the model format or updated model for- submit a report to the Committee on Health, private educational loans may be inappropri- mat (if available) in providing the informa- Education, Labor, and Pensions of the Sen- ately using inducements to secure, or as part tion required under subsection (b); and ate and the Committee on Education and of an effort to secure, educational loan ar- ‘‘(B) covered institutions to use such for- Labor of the House of Representatives iden- rangements with covered institutions; and mat in preparing the information report tifying all reported violations of the gift ban ‘‘(3) whether educational loans made to under subsection (c). under subsection (a), including the lenders students attending a covered institution in ‘‘(b) LENDER DUTIES.—Each lender that has connection with an educational loan ar- an educational loan arrangement with a cov- involved in each such violation, for the pre- ered institution shall annually, by a date de- ceding year. rangement, and private educational loans termined by the Secretary, provide to the ‘‘(c) DEFINITION OF GIFT.— made directly to students, provide competi- covered institution and to the Secretary the ‘‘(1) IN GENERAL.—In this section, the term tive interest rates, terms, and conditions to information included on the model format or ‘gift’ means any gratuity, favor, discount, students who obtain such loans. an updated model format (if available) for entertainment, hospitality, loan, or other ‘‘(b) REPORTS.—The Comptroller General of each type of educational loan provided by item having a monetary value of more than the United States shall— the lender to students attending the covered $10. The term includes a gift of services, ‘‘(1) not later than 1 year after the date of institution, or the parents of such students, transportation, lodging, or meals, whether enactment of the Student Loan Sunshine for the preceding academic year. provided in kind, by purchase of a ticket, Act, submit to Congress a preliminary report ‘‘(c) COVERED INSTITUTION DUTIES.—Each payment in advance, or reimbursement after regarding the findings of the study described covered institution shall— the expense has been incurred. in subsection (a); and ‘‘(1) prepare and submit to the Secretary ‘‘(2) EXCEPTIONS.—The term ‘gift’ shall not ‘‘(2) not later than 2 years after such date an annual report, by a date determined by include any of the following: of enactment, submit to Congress a final re- the Secretary, that includes, for each lender ‘‘(A) Standard informational material re- port regarding such findings.’’. that has an educational loan arrangement lated to a loan, such as a brochure. SEC. 3. PROGRAM PARTICIPATION AGREEMENTS. with the covered institution and that has ‘‘(B) Food, refreshments, training, or infor- Section 487(a) of the Higher Education Act submitted to the institution the information mational material furnished to an employee of 1965 (20 U.S.C. 1094(a)) is amended by add- required under subsection (b)— or agent of an institution as an integral part ing at the end the following: ‘‘(A) the information included on the of a training session or through participa- ‘‘(24)(A) In the case of an institution (in- model format or updated model format (if tion in an advisory council that is designed cluding an employee or agent of an institu- available) for each type of educational loan to improve the lender’s service to the cov- tion) that maintains a preferred lender list, provided by the lender to students attending ered institution, if such training or partici- in print or any other medium, through which the covered institution, or the parents of pation contributes to the professional devel- the institution recommends 1 or more spe- such students; and opment of the employee or agent of the insti- cific lenders for loans made under part B to ‘‘(B) a detailed explanation of why the cov- tution. the students attending the institution (or ered institution believes the terms and con- ‘‘(C) Favorable terms, conditions, and bor- the parents of such students), the institution ditions of each type of educational loan pro- rower benefits on an educational loan pro- will— vided pursuant to the agreement are bene- vided to a student employed by the covered ‘‘(i) clearly and fully disclose on the pre- ficial for students attending the covered in- institution. ferred lender list—

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1536 CONGRESSIONAL RECORD — SENATE February 1, 2007 ‘‘(I) why the institution has included each ‘‘(E) of the types of repayment plans that has increased by more than 50 percent lender as a preferred lender, especially with are available; over the last decade. In 2004, college respect to terms and conditions favorable to ‘‘(F) of whether, and under what condi- students graduated with an average of the borrower; and tions, early repayment may be made without $17,400 in federal student loan debt, al- ‘‘(II) that the students attending the insti- penalty; tution (or the parents of such students) do ‘‘(G) of when and how often the loan would most 45 percent more than students not have to borrow from a lender on the pre- be recapitalized; who graduated in 1993. When private ferred lender list; ‘‘(H) describing all fees, deferments, or for- loans are factored in, the average debt ‘‘(ii) ensure, through the use of the list bearance; increases to more than $19,000. provided by the Secretary under subpara- ‘‘(I) describing all available repayment As students and their families strug- graph (C), that— benefits, and the percentage of all borrowers gle to find ways to pay for higher edu- ‘‘(I) there are not less than 3 lenders named who qualify for such benefits; cation, more and more are forced to on the preferred lending list that are not af- ‘‘(J) describing collection practices in the turn to private student loans in order filiates of each other; and case of default; ‘‘(II) the preferred lender list— ‘‘(K) describing late payment penalties and to close the gap. Because these loans ‘‘(aa) specifically indicates, for each lender associated fees; are not guaranteed or subsidized by the on the list, whether the lender is or is not an ‘‘(L) of any complaints (and their resolu- government, they often carry much affiliate of each other lender on the list; and tion) filed with any State or private con- higher interest rates. ‘‘(bb) if the lender is an affiliate of another sumer protection agency (including the Bet- According to The College Board, pri- lender on the list, describes the specifics of ter Business Bureau); and vate student loans are now a $17.3 bil- such affiliation; and ‘‘(M) such other information as the Board lion industry. Between the 2000–2001 ‘‘(iii) establish a process to ensure that may require. lenders are placed upon the preferred lender and 2005–2006 school years, private stu- ‘‘(3) PROVISION OF INFORMATION.—Before a dent loans grew at an average annual list on the basis of the benefits provided to creditor may issue any funds with respect to borrowers, including — an extension of credit described in paragraph rate of 27 percent, after adjusting for ‘‘(I) highly competitive interest rates, (1) for an amount equal to more than $1,000— inflation. terms, or conditions for loans made under ‘‘(A) the creditor shall notify the relevant As more students begin to rely on part B; postsecondary educational institution, in private student loans to help pay for ‘‘(II) high-quality servicing for such loans; writing, of the proposed extension of credit college, some lenders and colleges are or and the amount thereof; and engaging in practices that do not ap- ‘‘(III) additional benefits beyond the stand- ‘‘(B) if such relevant institution is a cov- pear to be in the best interests of the ard terms and conditions for such loans. ered institution, the institution shall, in an ‘‘(B) For the purposes of subparagraph students. An article published in The expedient manner, notify the prospective New York Times revealed examples of (A)(ii)— borrower, in accordance with procedures es- ‘‘(i) the term ‘affiliate’ means a person tablished by rule of the Board, whether and incentives offered to colleges by stu- that controls, is controlled by, or is under to what extent the proposed extension of dent loan companies in order to be common control with another person; and credit exceeds the cost of attendance (as de- placed on a college’s ‘‘preferred lender’’ ‘‘(ii) a person has control over another per- fined in section 472 of the Higher Education list. son if— Act of 1965) for the student at that institu- ‘‘(I) the person directly or indirectly, or An example cited in the article in- tion, after consideration of the Federal and acting through 1 or more others, owns, con- cluded an all-expense paid trip to the State grant and loan aid and institutional trols, or has the power to vote 5 percent or Caribbean for university officials and aid that the student has or is eligible to re- more of any class of voting securities of such their spouses to attend an education ceive. other person; ‘‘summit’’ held at a luxury five-star ‘‘(4) REGULATORY AUTHORITY.—The Board— ‘‘(II) the person controls, in any manner, ‘‘(A) shall issue such rules and regulations beachfront resort. Between sympo- the election of a majority of the directors or as may be necessary to implement this sub- siums, forums and roundtable discus- trustees of such other person; or section; and sions on the importance of addressing ‘‘(III) the Secretary determines (after no- ‘‘(B) may, by rule, establish appropriate tice and opportunity for a hearing) that the the cost of higher education, guests exceptions to the disclosures required by this person directly or indirectly exercises a con- could enjoy complimentary water and subsection. trolling interest over the management or beach sports such as snorkeling, sail- ‘‘(5) DEFINITIONS.—As used in this sub- policies of such other person. ing, kayaking, sailboarding and section, the terms ‘private educational loan’ ‘‘(C) The Secretary shall maintain and up- and ‘covered institution’ have the same volleyball as well as access to an 18- date a list of lender affiliates of all eligible meanings as in section 151 of the Higher Edu- hole championship golf course, a 10- lenders, and shall provide such list to the eli- cation Act of 1965.’’. court tennis complex, two beachfront gible institutions for use in carrying out sub- pools and a luxury spa. News of the trip paragraph (A).’’. Mr. DURBIN. Mr. President, I rise garnered such a negative response from SEC. 4. NOTICE OF AVAILABILITY OF FUNDS today to urge my colleagues to support FROM FEDERAL SOURCES. the Kennedy-Durbin ‘‘Student Loan the public that the sponsor of the trip, Section 128 of the Truth in Lending Act (15 Sunshine Act.’’ Loan to Learn, ultimately cancelled U.S.C. 1638) is amended by adding at the end There is no question that having a the trip. Aside from all-expense paid the following: college education is essential in to- trips, other examples of incentives in- ‘‘(e) DISCLOSURES RELATING TO PRIVATE clude iPods that were given away at a EDUCATIONAL LOANS.— day’s job market. Over the course of a financial aid administrators meeting ‘‘(1) IN GENERAL.—In the case of an exten- lifetime, a college graduate will earn sion of credit that is a private educational over $1 million more than those with and bonuses that are based on how loan, other than a residential mortgage only a high school diploma. much students borrow. transaction, the creditor shall provide in In addition to the individual benefits Colleges and universities should not every application for such extensions of cred- of a college education, investing in and be enticed to select ‘‘preferred lenders’’ it and together with any solicitation, mar- producing more college-educated or take other actions related to the keting, or advertisement of such extensions Americans is vital to our nation’s student loan program on the basis of of credit, written, electronic, or otherwise, growth. Economists estimate that the factors that are irrelevant, or at best the disclosures described in paragraph (2). increase in the education level of the ancillary, to the primary interests of ‘‘(2) DISCLOSURES.—Disclosures required by this subsection shall include a clear and United States labor force between 1915 the students. prominent statement— and 1999 directly resulted in at least 23 The Student Loan Sunshine Act pro- ‘‘(A) that the borrower may qualify for percent of the overall growth in U.S. tects students and parents from poten- Federal financial assistance through a pro- productivity. tial exploitation by private student gram under title IV of the Higher Education However, paying for college is becom- loan lenders and lenders that offer gifts Act of 1965, in lieu of or in addition to a loan ing increasingly difficult for students to schools as a way to acquire the from a non-Federal source; and their families. Tuition at four-year school’s loan business. It ensures that ‘‘(B) of the interest rates available with re- public institutions rose by 42 percent students and their families have all the spect to such Federal financial assistance; in the last five years, and more and ‘‘(C) describing how the applicable interest facts and can feel confident that rate is determined, including whether it is more students are leaving college sad- they’re receiving the best deal on their based on the credit score of the borrower; dled with ever increasing debt burdens. college loan. ‘‘(D) showing sample loan costs, According to the U.S. Department of First, this bill puts a stop to inappro- disaggregated by type; Education, the average student debt priate lender practices. Lenders are

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1537 prohibited from offering any gift over about to sign on the dotted line and ac- by section 202(i) of the Legislative Reorga- $10 to employees of a university, in- cept what will likely be one of the larg- nization Act of 1946, as amended), and (2) not cluding free trips, meals, and tickets to est debts they will incur in their lives, to exceed $20,000 may be expended for the entertainment events. Lenders are no they have the information they need to training of the professional staff of such longer allowed to offer services to a fi- committee (under procedures specified by make an informed decision and some section 202(j) of the Legislative Reorganiza- nancial aid office that create a conflict assurance that their school has only tion Act of 1946). of interest such as lending staff during their best interests in mind—not vi- SEC 3. The Committee shall report its find- peak loan processing times, printing sions of the Caribbean or the latest ings, together with such recommendations literature for the financial aid office iPod. We must not look away and allow for legislation as it deems advisable, to the and e-mailing students on behalf of the them to be taken advantage of at one Senate at the earliest practicable date, but financial aid office. of the most critical points in their not later than February 28, 2009. Second, the Act provides students lives. I urge my colleagues to support SEC. 4. Expenses of the committee under this resolution shall be paid from the contin- and their families access to informa- this important legislation. tion about preferred lender lists, spe- gent fund of the Senate upon vouchers ap- cial arrangements between lenders and f proved by the chairman of the committee, SUBMITTED RESOLUTIONS except that vouchers shall not be required (1) colleges and terms and conditions of for the disbursement of salaries of employees loans. A school’s preferred lender list paid at an annual rate, or (2) for the pay- must include at least three lenders SENATE RESOLUTION 64—AUTHOR- ment of telecommunications provided by the that are independent from each other, Office of the Sergeant at Arms and Door- clearly disclose why a lender was iden- IZING EXPENDITURES BY THE keeper, United States Senate, or (3) for the tified as a preferred lender, and clearly COMMITTEE ON FOREIGN RELA- payment of stationery supplies purchased state that students and parents may TIONS through the Keeper of the Stationery, United take out a student loan with a lender Mr. BIDEN submitted the following States Senate, or (4) for payments to the that is not on their school’s preferred resolution; from the Committee on Postmaster, United States Senate, or (5) for lender list. This requirement is needed the payment of metered charges on copying Foreign Relations; which was referred equipment provided by the Office of the Ser- because in some instances, a school’s to the Committee on Rules and Admin- geant at Arms and Doorkeeper, United preferred lender list may include what istration: States Senate, or (6) for the payment of Sen- appear to be five different lenders; S. RES. 64 ate Recording and Photographic Services, or however, four of the five lenders may Resolved, That, in carrying out its powers, (7) for payment of franked and mass mail turn out to be subsidiaries of a single duties, and functions under the Standing costs by the Sergeant at Arms and Door- company. Lenders are required to re- Rules of the Senate, in accordance with its keeper, United States Senate. port to the Secretary of Education any jurisdiction under rule XXV of such rules, in- SEC. 5. There are authorized such sums as special arrangement they have with cluding holding hearings, reporting such may be necessary for agency contributions colleges to make loans to the students hearings, and making investigations as au- related to the compensation of employees of at a school including the terms of the thorized by paragraphs 1 and 8 of rule XXVI the committee from March 1, 2007, through September 30, 2007; October 1, 2007, through arrangement and any benefit provided of the Standing Rules of the Senate, the Committee on Foreign Relations is author- September 30, 2008; and October 1, 2008, to the school in connection with the through February 28, 2009, to be paid from loan arrangement. In addition, the Act ized from March 1, 2007, through September 30, 2007; October 1, 2007, through September the Appropriations account for ‘‘Expenses of requires the Secretary of Education, 30, 2008; and October 1, 2008, through Feb- Inquiries and Investigations.’’ along with the higher education com- ruary 28, 2009, in its discretion (1) to make f munity and students, to develop an expenditures from the contingent fund of the easy-to-understand form for reporting Senate, (2) to employ personnel, and (3) with SENATE RESOLUTION 65—CON- the terms and conditions of student the prior consent of the Government depart- DEMNING THE MURDER OF loans—similar to an APR disclosure. ment or agency concerned and the Com- TURKISH-ARMENIAN JOURNAL- Finally, the Act encourages students mittee on Rules and Administration, to use IST AND HUMAN RIGHTS ADVO- to maximize their borrowing options on a reimbursable or non-reimbursable basis CATE HRANT DINK AND URGING through the government’s loan pro- the services of personnel of any such depart- THE PEOPLE OF TURKEY TO ment or agency. grams before obtaining private loans HONOR HIS LEGACY OF TOLER- SEC. 2(a). The expenses of the committee with higher interest rates and discour- for the period March 1, 2007, through Sep- ANCE ages over-borrowing through direct-to- tember 30, 2007, under this resolution shall Mr. BIDEN submitted the following consumer education loans. Some com- not exceed $3,469,450, of which amount (1) not resolution; which was referred to the panies fail to clearly disclose that to exceed $100,000 may be expended for the Committee on Foreign Relations: their private educational loans typi- procurement of the services of individual cally carry a higher interest rate and consultants, or organizations thereof (as au- S. RES. 65 even encourage students not to com- thorized by section 202(i) of the Legislative Whereas Hrant Dink was a respected, elo- plete the Free Application for Federal Reorganization Act of 1946, as amended), and quent advocate for press freedom, human (2) not to exceed $20,000 may be expended for rights, and reconciliation; Student Aid form, which allows stu- the training of the professional staff of such Whereas, in 1996, Mr. Dink founded the dents to borrow low-interest edu- committee (under procedures specified by weekly bilingual newspaper Agos and, as the cational loans. The Act requires all di- section 202(j) of the Legislative Reorganiza- paper’s editor in chief, used the paper to pro- rect-to-consumer lenders to clearly dis- tion Act of 1946). vide a voice for Turkey’s Armenian commu- close to students certain information (b) For the period October 1, 2007, through nity; such as: the fact that the student may September 30, 2008, expenses of the com- Whereas Mr. Dink was a strong proponent be eligible for low-interest student mittee under this resolution shall not exceed of rapprochement between Turks and Arme- loans through the federal government, $6,071,938, of which amount (1) not to exceed nians and worked diligently to improve rela- how the interest rate is determined, $100,000 may be expended for the procure- tions between those communities; ment of the services of individual consult- Whereas Mr. Dink’s commitment to demo- any and all fees, and whether any com- ants, or organizations thereof (as authorized cratic values, nonviolence, and freedom in plaints have been filed against the by section 202(i) of the Legislative Reorga- the media earned him widespread recogni- lender. Additionally, the Act puts in nization Act of 1946, as amended), and (2) not tion and numerous international awards; place provisions that will ensure that to exceed $20,000 may be expended for the Whereas Mr. Dink was prosecuted under before a student obtains an educational training of the professional staff of such Article 301 of the Turkish Penal Code for loan through a direct-to-consumer committee (under procedures specified by speaking about the Armenian Genocide; lender, the student is informed of their section 202(j) of the Legislative Reorganiza- Whereas, notwithstanding hundreds of loan options through the federal gov- tion Act of 1946). threats to Mr. Dink’s life and safety, he re- ernment and whether the loan will (c) For the period October 1, 2008, through mained a steadfast proponent of pluralism February 28, 2009, expenses of the committee and tolerance; cause the student to exceed what is under this resolution shall not exceed Whereas Mr. Dink was assassinated outside necessary to cover the student’s cost of $2,575,710, of which amount (1) not to exceed the offices of Agos in Istanbul, Turkey, on attendance. $100,000 may be expended for the procure- January 19, 2007; These requirements are simply ment of the services of individual consult- Whereas tens of thousands of people in meant to ensure that as students are ants, or organizations thereof (as authorized Turkey of many ethnicities protested Mr.

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1538 CONGRESSIONAL RECORD — SENATE February 1, 2007 Dink’s killing and took to the streets rights, and a champion in the cause of inter- launched ‘‘Go Direct’’, a national campaign throughout the country to honor his mem- national human rights; organized to encourage the people of the ory; Whereas Father Drinan drew on his legal United States to use direct deposit for the Whereas the Government of Turkey has expertise to make significant contributions receipt of social security and other Federal pledged to undertake a full investigation in the areas of copyright law reform, con- benefits; and into the murder of Mr. Dink; sumer protection, and criminal justice; Whereas, by working with financial insti- Whereas the Prime Minister of Turkey, Whereas Father Drinan renewed his com- tutions, advocacy groups, and community Recep Tayyip Erdogan, has stated that when mitment to education, after his service in organizations, the sponsors of ‘‘Go Direct’’ Mr. Dink was shot, ‘‘a bullet was fired at Congress, as a professor at Georgetown Uni- are educating the people of the United States freedom of thought and democratic life in versity Law Center, where he specialized in about the advantages of using direct deposit Turkey’’; constitutional law and human rights and and assisting people during the enrollment Whereas the Foreign Minister of Armenia, taught more than 6,000 students; process: Now, therefore, be it Vartan Oskanian, stated that Mr. Dink Whereas Father Drinan was the founder ‘‘lived his life in the belief that there can be and faculty adviser to the Georgetown Jour- Resolved, That the Senate— understanding, dialogue and peace amongst nal of Legal Ethics and was the author of 12 (1) supports the goals and ideals of ‘‘Go Di- peoples’’; and books on major public policy issues; rect’’; Whereas Mr. Dink’s tragic death affirmed Whereas Father Drinan was the recipient (2) designates March 2007 as ‘‘Go Direct the importance of promoting the values that of 22 honorary degrees and was a visiting Month’’; he championed in life: Now, therefore, be it professor at 4 universities; (3) commends Federal, State, and local Resolved, That the Senate— Whereas Father Drinan’s service led the governments, and the private sector, for pro- (1) condemns the murder of Hrant Dink as American Bar Association (ABA) to award moting March as ‘‘Go Direct Month’’; and a shameful act of cowardice perpetrated with him the ABA Medal in 2004, the organiza- (4) encourages the people of the United contempt for law, justice, and decency; tion’s highest honor, given to individuals States to— (2) supports the pledge of the Government who make exceptionally distinguished con- (A) participate in events and awareness of Turkey to conduct an exhaustive inves- tributions to the jurisprudence of the United initiatives held during the month of March; tigation into the assassination of Mr. Dink States; and (B) become informed about the conven- and to prosecute those responsible; Whereas Father Drinan’s lifelong leader- ience and safety of direct deposit; and (3) urges the Government of Turkey to re- ship in promoting greater awareness of the (C) consider signing up for direct deposit of peal Article 301 of the Turkish Penal Code importance of international human rights social security or other Federal benefits. and work diligently to foster a more open in- resulted in 2006 in the establishment by the Georgetown University Law Center of an en- tellectual environment in the country that f is conducive to the free exchange of ideas; dowed chair in his honor, known as the Rob- (4) recognizes the decision of the Govern- ert F. Drinan, S.J. Chair in Human Rights ment of Turkey to invite senior Armenian Law: Now, therefore, be it SENATE RESOLUTION 68—COM- religious and political figures to participate Resolved, That the Senate— MENDING THE MISS AMERICA (1) honors the life, achievements, and dis- in memorial services for Mr. Dink; ORGANIZATION FOR ITS LONG- (5) calls on the Government of Turkey to tinguished career of the Reverend Robert F. Drinan, S.J.; STANDING COMMITMENT TO act in the interest of regional security and QUALITY EDUCATION AND THE prosperity and reestablish full diplomatic, (2) offers its appreciation for Father political, and economic relations with the Drinan’s devoted work on behalf of the thou- CHARACTER OF WOMEN IN THE Government of Armenia; and sands of Massachusetts residents he rep- UNITED STATES (6) urges the people of Turkey to honor Mr. resented in the House of Representatives and Dink’s legacy of tolerance. the millions of people worldwide who bene- Mr. INHOFE (for himself, Mr. fitted from his human rights initiatives; and COBURN, and Mr. ISAKSON) submitted f (3) expresses its condolences to Father Drinan’s family and friends. the following resolution; which was SENATE RESOLUTION 66—HON- considered and agreed to: ORING THE LIFE, ACHIEVE- f S. RES. 68 MENTS, AND DISTINGUISHED CA- SENATE RESOLUTION 67—DESIG- REER OF THE REVEREND ROB- NATING MARCH 2007 AS ‘‘GO DI- Whereas the Miss America Organization ERT F. DRINAN, S.J. was formed in 1921; RECT MONTH’’ Whereas, in 1945, the organization estab- Mr. KERRY (for himself, Mr. KEN- Mrs. DOLE submitted the following lished a scholarship program to assist young NEDY, and Mr. LEAHY) submitted the resolution; which was considered and women achieve their personal and profes- following resolution; which was consid- agreed to: sional goals; Whereas contestants in the Miss America ered and agreed to: S. RES. 67 Pageant must first succeed in local and S. RES. 66 Whereas the Department of the Treasury State pageants; Whereas the Reverend Robert F. Drinan, issued 57,000 checks worth approximately Whereas the 52 young women who partici- S.J. was a talented scholar, who received a $54,000,000 that were endorsed illegally in pated in the Miss America Pageant showed bachelor’s degree in 1942 and a master’s de- 2006; great poise and accomplishment; gree in 1947 from Boston College, a bachelor’s Whereas the Department of the Treasury Whereas Lauren Nelson, of Lawton, Okla- degree in law in 1949 and a master of law de- receives approximately 1,500,000 inquiries homa, was crowned Miss America 2007, the gree in 1951 from Georgetown University, and each year regarding problems with paper sixth Oklahoman in history and the second a doctorate in theology in 1954 from Grego- checks; in a row; rian University in Rome, Italy; Whereas the use of direct deposit has re- Whereas Oklahoma now joins only 2 other Whereas Father Drinan entered the Soci- sulted in more than $6,000,000,000 in savings States in boasting 6 Miss America crowns ety of Jesus in 1942, completed his seminary for the Federal Government since 1986; and 3 other States in holding consecutive work at Weston College in Cambridge, Mas- Whereas more than 12,000,000 social secu- crowns; and sachusetts, and was ordained as a Jesuit rity and other Federal benefit recipients Whereas the Senate family is also proud of priest in 1953; have yet to sign up for direct deposit; Kate Michael of Senator Johnny Isakson’s Whereas Father Drinan was an influential Whereas the United States would generate office, who represented the District of Co- educator who served as the Dean of the Bos- approximately $120,000,000 in annual savings lumbia in the Miss America Pageant: Now, ton College Law School from 1956 to 1970 and if all Federal beneficiaries used direct de- therefore, be it transformed it into one of the leading edu- posit; cational institutions in the United States; Whereas the use of direct deposit is a more Resolved, That the Senate— Whereas Father Drinan was elected in 1970 secure, reliable, and cost effective method of (1) commends the Miss America Organiza- to represent Massachusetts in the House of payment than paper checks because the use tion for its longstanding commitment to Representatives; of direct deposit— quality education and the character of Whereas Father Drinan represented Massa- (1) helps protect against identity theft and women in the United States; chusetts in the House of Representatives fraud; (2) congratulates Miss America 2007, from 1971 to 1981, the first Roman Catholic (2) provides easier access to funds during Lauren Nelson of Lawton, Oklahoma, the priest ever to serve in Congress as a voting emergencies and natural disasters; and 80th woman crowned Miss America; and Member; (3) provides citizens of the United States (3) directs the Secretary of the Senate to Whereas Father Drinan, during his service with more control over their money; transmit a copy of this resolution to Lauren in the House of Representatives, was an ad- Whereas the Department of the Treasury Nelson in care of the Miss America Organiza- vocate for social justice, a fighter for civil and the Federal Reserve Banks have tion.

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1539 SENATE CONCURRENT RESOLU- striking ‘‘February 2, 2007’’ each place it ap- The PRESIDING OFFICER. Without TION 8—EXPRESSING THE SUP- pears and inserting ‘‘July 31, 2007’’. objection, it is so ordered. (b) EFFECTIVE DATE.—The amendment PORT OF CONGRESS FOR THE COMMITTEE ON FOREIGN RELATIONS CREATION OF A NATIONAL HUR- made by subsection (a) shall take effect on February 2, 2007. Mr. LEAHY. Mr. President, I ask RICANE MUSEUM AND SCIENCE unanimous consent that the Com- CENTER IN SOUTHWEST LOU- SA 230. Mr. REID (for Mr. KERRY) mittee on Foreign Relations be author- ISIANA proposed an amendment to the bill ized to meet during the session of the Mr. VITTER (for himself and Ms. H.R. 434, to provide for an additional Senate on Thursday, February 1, 2007, LANDRIEU) submitted the following temporary extension of programs under at 9:15 a.m., to hold a hearing on Iraq. concurrent resolution; which was re- the Small Business Act and the Small The PRESIDING OFFICER. Without ferred to the Committee on Commerce, Business Investment Act of 1958 objection, it is so ordered. Science, and Transportation: through July 31, 2007, and for other COMMITTEE ON INDIAN AFFAIRS S. CON. RES. 8 purposes; as follows: Mr. LEAHY. Mr. President, I ask Whereas the Creole Nature Trail All-Amer- Amend the title to read as follows: ‘‘An unanimous consent that the Com- ican Road District Board of Commissioners Act to provide for an additional temporary mittee on Indian Affairs be authorized has begun to create and develop a National extension of programs under the Small Busi- to meet on Thursday, February 1, 2007, Hurricane Museum and Science Center in the ness Act and the Small Business Investment at 9:30 a.m. in Room 485 of the Russell southwest Louisiana area; Act of 1958 through July 31, 2007, and for other purposes’’. Senate Office Building to conduct a Whereas protecting, preserving, and show- confirmation hearing on the Presi- casing the intrinsic qualities that make Lou- f isiana a one-of-a-kind experience is the mis- dent’s nomination of Mr. Carl Joseph sion of the Creole Nature Trail All-American AUTHORITY FOR COMMITTEES TO Artman, to be Assistant Secretary-In- Road; MEET dian Affairs, U.S. Department of the Whereas the horrific experience and the Interior, to be followed immediately by devastating long-term effects of Hurricanes COMMITTEE ON ARMED SERVICES a business meeting to approve the nom- Katrina and Rita will play a major role in Mr. LEAHY. Mr. President, I ask ination of Mr. Carl Joseph Artman, to the history of the United States; unanimous consent that the Com- be Assistant Secretary—Indian Affairs, Whereas a science center of this caliber mittee on Armed Services be author- U.S. Department of the Interior. will educate and motivate young and old in ized to meet during the session of the the fields of meteorology, environmental The PRESIDING OFFICER. Without Senate on Thursday, February 1, 2007, objection, it is so ordered. science, sociology, conservation, economics, at 9:30 a.m., in open session to consider history, communications, and engineering; SELECT COMMITTEE ON INTELLIGENCE the nomination of General George W. Whereas it is only appropriate that the ef- Mr. LEAHY. Mr. President, I ask fects of hurricanes and the rebuilding efforts Casey, Jr., USA, for reappointment to the grade of general and to be Chief of unanimous consent that the Select be captured in a comprehensive center such Committee on Intelligence be author- as a National Hurricane Museum and Science Staff, United States Army. Center to interpret the effects of hurricanes The PRESIDING OFFICER. Without ized to meet during the session of the in and outside of Louisiana; and objection, it is so ordered. Senate on February 1, 2007 at 2:30 p.m. Whereas it is critical that the history of to hold an open hearing. COMMITTEE ON COMMERCE, SCIENCE, AND past hurricanes be preserved so that all peo- The PRESIDING OFFICER. Without TRANSPORTATION ple in the United States can learn from this objection, it is so ordered. history: Now, therefore, be it Mr. LEAHY. Mr. President, I ask SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT Resolved by the Senate (the House of Rep- unanimous consent that the Com- MANAGEMENT, THE FEDERAL WORKFORCE, resentatives concurring), That Congress sup- mittee on Commerce, Science, and AND THE DISTRICT OF COLUMBIA ports and encourages the creation of a Na- Transportation be authorized to hold a Mr. LEAHY. Mr. President, I ask tional Hurricane Museum and Science Cen- hearing during the sessions of the Sen- ter in southwest Louisiana. unanimous consent that the Sub- ate on Thursday, February 1, 2007, at 10 committee on Oversight of Government f a.m., in room 253 of the Russell Senate Management, the Federal Workforce AMENDMENTS SUBMITTED AND Office Building. The purpose of this and the District of Columbia be author- PROPOSED hearing is to assess the communica- ized to meet on Thursday, February 1, tions marketplace. 2007 at 2:30 p.m. for a hearing entitled, SA 229. Mr. REID (for Mr. KERRY (for him- The PRESIDING OFFICER. Without self and Ms. SNOWE)) proposed an amendment Private Health Records: Privacy Impli- objection, it is so ordered. to the bill H.R. 434, to provide for an addi- cations of the Federal Government’s tional temporary extension of programs COMMITTEE ON ENERGY AND NATURAL Health Information Technology Initia- under the Small Business Act and the Small RESOURCES tive. Business Investment Act of 1958 through Mr. LEAHY. Mr. President, I ask The PRESIDING OFFICER. Without July 31, 2007, and for other purposes. unanimous consent that the Com- objection, it is so ordered. SA 230. Mr. REID (for Mr. KERRY) proposed mittee on Energy and Natural Re- an amendment to the bill H.R. 434, supra. sources be authorized to hold a hearing f f during the session of the Senate on PRIVILEGES OF THE FLOOR TEXT OF AMENDMENTS Thursday, February 1, 2007, at 9:30 a.m. Mr. KENNEDY. Madam President, on in room SD–G50 of the Dirksen Senate Mr. REID (for Mr. KERRY (for behalf of Senator INOUYE, I ask unani- SA 229. Office Building. The purpose of the himself and Ms. SNOWE)) proposed an mous consent that floor privileges be hearing is to examine accelerated amendment to the bill H.R. 434, to pro- granted for the remainder of the 110th biofuels diversity, focusing on how vide for an additional temporary exten- Congress to Rachel A. Armstrong, a home-grown, biologically derived fuels sion of programs under the Small Busi- detailee from the U.S. Army Nurse can blend into the Nation’s transpor- ness Act and the Small Business In- Corps, who works alongside his staff on tation fuel mix. vestment Act of 1958 through July 31, issues pertaining to Labor, Health and The PRESIDING OFFICER. Without 2007, and for other purposes; as follows: Human Services and Education and De- objection, it is so ordered. Strike all after the enacting clause and in- fense Appropriations and issues per- COMMITTEE ON FINANCE sert the following: taining to the continuing resolution. Mr. LEAHY. Mr. President, I ask SECTION 1. ADDITIONAL TEMPORARY EXTEN- The PRESIDING OFFICER. Without SION OF AUTHORIZATION OF PRO- unanimous consent that the Com- objection, it is so ordered. GRAMS UNDER THE SMALL BUSI- mittee on Finance be authorized to f NESS ACT AND THE SMALL BUSI- meet during the session on Thursday, NESS INVESTMENT ACT OF 1958. February 1, 2007, at 10 a.m., in 215 Dirk- EXTENSION OF CERTAIN AUTHORI- (a) IN GENERAL.—Section 1 of the Act enti- sen Senate Office Building, to hear tes- TIES OF THE SMALL BUSINESS tled ‘‘An Act to extend temporarily certain ADMINISTRATION authorities of the Small Business Adminis- timony on ‘‘The Future of CHIP: Im- tration’’, approved October 10, 2006 (Public proving the Health of America’s Chil- Mr. REID. Mr. President, I ask unan- Law 109–316; 120 Stat. 1742), is amended by dren’’. imous consent that the Small Business

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1540 CONGRESSIONAL RECORD — SENATE February 1, 2007 and Entrepreneurship Committee be I say again, Senators KERRY and HONORING THE LIFE, ACHIEVE- discharged from further consideration SNOWE understand the importance of MENT AND DISTINGUISHED CA- of H.R. 434 and the Senate then proceed this issue. They also know there are REER OF THE REVEREND ROB- to its consideration. many other things depending on their ERT J. DRINAN, S.J. The PRESIDING OFFICER. Without raising this as an issue at this time. Mr. REID. I ask unanimous consent objection, it is so ordered. The clerk Mr. MCCONNELL. Mr. President, if I that the Senate proceed to the consid- will report the bill by title. may, I have been informed by Senator eration of S. Res. 66. The assistant legislative clerk read SNOWE, with all due respect to the ma- The PRESIDING OFFICER. The as follows: jority leader, that is not her view. It clerk will report the resolution by A bill (H.R. 434) to provide for an addi- may well be the view of Senator title. tional temporary extension of programs KERRY, but it is not the view of Sen- The assistant legislative clerk read under the Small Business Act and the Small ator SNOWE. as follows: Business Investment Act of 1958 through De- Mr. REID. Mr. President, I suggest A resolution (S. Res. 66) honoring the life, cember 31, 2007, and for other purposes. the absence of a quorum. achievement and distinguished career of the There being no objection, the Senate The PRESIDING OFFICER. The Reverend Robert J. Drinan, S.J. proceeded to consider the bill. clerk will call the roll. There being no objection, the Senate Mr. REID. Mr. President, I under- The assistant legislative proceeded proceeded to consider the resolution. stand there is an amendment at the Mr. KERRY. Mr. President, today we desk. I ask unanimous consent that the to call the roll. Mr. REID. Mr. President, I ask unan- pay our respects to a great son of Mas- amendment be considered agreed to; sachusetts who passed away on Sun- the bill, as amended, be read three imous consent that the order for the quorum call be rescinded. day, an inspiration to me and a leader times, passed; the motion to reconsider beloved by many, Father Robert The PRESIDING OFFICER. Without be laid upon the table; the title amend- Drinan. objection, it is so ordered. ment be agreed to; and any statements In all his life’s endeavors, from the relating to the bill be printed in the Mr. REID. Mr. President, we are church pulpit to the halls of Congress RECORD, without intervening action or checking at this time with Senator to the classroom, Father Drinan was debate. KERRY to see if we can work something guided by a firm and unwavering moral The PRESIDING OFFICER. Is there out on this small business matter. In compass. He lived out in public life the objection? the meantime, we will move to another whole cloth of Catholic teachings. Mr. MCCONNELL. Mr. President, re- important issue that is before the Sen- In religion and politics alike, he fol- serving the right to object. ate. lowed his sense that we are all put on The PRESIDING OFFICER. The Re- this Earth for something greater than publican leader. f ourselves. Wherever he went, he was Mr. MCCONNELL. Mr. President, it is led there by a concern for the weak, my understanding that the authoriza- EXECUTIVE SESSION the helpless, the downtrodden. In reli- tion of these small business programs gion and politics alike, that was his expires tomorrow. The bill before us, calling. H.R. 434, was received in the Senate on And as he walked between these January 18. I don’t understand why the EXECUTIVE CALENDAR worlds, on a path unique in our Na- committee has waited until the day be- Mr. REID. I ask unanimous consent tion’s history, he was always unmis- fore the program expires to act. If we that the Senate proceed to executive takably and wonderfully true to him- amend this bill and send it back to the session to consider the following nomi- self. House, they will not be able to act be- nations en bloc: Calendar Nos. 11 Father Drinan was a forever gentle, fore these programs expire. through 13; the nominations be con- resilient, tenacious advocate for social It is my understanding that if we firmed en bloc, the motions to recon- justice and fundamental decency. In allow this authorization to lapse, it sider be laid on the table en bloc, the the most divisive days of Vietnam, will result in the dissolution of the President be immediately notified of when things were coming apart, this SBA’s Advisory Committee on Vet- the Senate’s action, and the Senate incredible man, this most unlikely of erans Business Affairs. This committee then resume legislative session. candidates, showed America how a man serves veteran entrepreneurs by formu- The PRESIDING OFFICER. Without of faith could be a man of peace. lating, executing, and promoting poli- objection, it is so ordered. As a politician, Father Drinan is best cies that assist veterans seeking to The nominations considered and con- remembered for his spirited opposition start and develop small businesses. I firmed en bloc are as follows: to the Vietnam war. That’s what cannot imagine why we would want to brought him to Congress in the first dissolve the committee designed to as- UNITED STATES INTERNATIONAL TRADE place and it is how our paths first COMMISSION sist veterans who want to start their crossed. In 1970, after we first met as own small businesses. Irving A. Williamson, of New York, to be a opponents in the Peoples’ Caucus, I was Accordingly, I ask the Senator to Member of the United States International honored to support, campaign, and to modify the unanimous consent request Trade Commission for the term expiring June 16, 2014. work with and learn from committed to omit the Senate amendment and in- Dean A. Pinkert, of Virginia, to be a Mem- Democrats like Jerome Grossman, stead pass a bill clean so that it may ber of the United States International Trade John Marttila, Tom Kiley, John Hur- go directly to the President for his sig- Commission for the term expiring December ley, and Tom Vallely. Together, many nature. 16, 2015. of these committed activists would Mr. REID. Mr. President, in respond- SOCIAL SECURITY ADMINISTRATION spend the next decades championing ing to my friend, Senators KERRY and Michael J. Astrue, of Massachusetts, to be the great progressive causes that SNOWE, who are the chairman and Commissioner of Social Security for a term marked the Drinan campaign. ranking member of the Committee on expiring January 19, 2013. Father Drinan’s slogan was ‘‘Father Small Business, have indicated there Knows Best.’’ I began studying law at are a lot of matters relating to small f Boston College—where Father Drinan business jurisdiction that need to be had been the youngest law school Dean completed forthwith. They are going to in the country—while he was down LEGISLATIVE SESSION work on this next week and hope to here, in Congress, making law, and have something done very quickly, but The PRESIDING OFFICER. Under making history. this gives them an opportunity to deal the previous order, the Senate will re- Father Drinan’s testimony against with the House, which, I am told, basi- turn to legislative session. the war was remarkably powerful. He cally did not confer with them at all Mr. REID. Mr. President, we are glad toured jails in Saigon and met a South during the work they did over there, we are able to clear three important Vietnamese politician there who had and they should have done that. nominations of the President. been jailed after placing second in an

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1541 election. In the religious language of was planning to slow down in old age, Whereas Father Drinan was the founder just war doctrine and the plain lan- Drinan recently told a reporter, ‘‘Jesu- and faculty adviser to the Georgetown Jour- guage of common decency, he helped us its don’t ordinarily retire. You just do nal of legal Ethics and was the author of 12 to see the flaws of our policy in Viet- what you do.’’ books on major public policy issues; His leadership helped give a new Whereas Father Drinan was the recipient nam and urged the Church to speak out of 22 honorary degrees and was a visiting with great moral authority. moral authority to the antiwar move- professor at 4 universities; And even before his own words found ment, and he was a mentor to a genera- Whereas Father Drinan’s service led the their way into FBI files, even before tion of Massachusetts politicians. Peo- American Bar Association (ABA) to award his own name made its way onto Nix- ple like BARNEY FRANK, who stepped him the ABA Medal in 2004, the organiza- on’s enemies list, Father Drinan was a into Father Drinan’s congressional tion’s highest honor, given to individuals champion for dissent and he had a spe- seat with big shoes to fill—and has who make exceptionally distinguished con- cial understanding of the obligations of spent the last 25 years there honoring tributions to the jurisprudence of the United patriotism. He helped eliminate the Father Drinan’s legacy with his own States; and Whereas Father Drinan’s lifelong leader- House Committee on Un-American Ac- dogged fight for social justice. Father Drinan leaves behind a sister- ship in promoting greater awareness of the tivities, the scene of one of the Cold importance of international human rights War’s ugliest chapters. He met with fa- in-law, three nieces, over 6,000 adoring resulted in 2006 in the establishment by the mous Soviet dissidents like Sharansky students, legions of supporters in the Georgetown University Law Center of an en- and Sakharov and founded the Na- fourth district of Massachusetts, and dowed chair in his honor, known as the Rob- tional Interreligious Task Force for those across the State and the Nation ert F. Drinan, S.J. Chair in Human Rights Soviet Jewry. Angered by the treat- whose lives he touched. Law: Now, therefore, be it Father Drinan once said, ‘‘If people Resolved, That the Senate— ment of Soviet dissidents, he was the are really Christians, they are involved (1) honors the life, achievements, and dis- first Congressman to call for a boycott in life, and politics is part of life. I feel tinguished career of the Reverend Robert F. of the Moscow Olympics. if a person is really a Christian, he will Drinan, S.J.; And he sought to hold the President (2) offers its appreciation for Father be in anguish over global hunger, injus- of the United States accountable for Drinan’s devoted work on behalf of the thou- his behavior. As a member of the Judi- tice, over the denial of educational op- sands of Massachusetts residents he rep- ciary Committee, he questioned wit- portunity.’’ It was the defining mission resented in the House of Representatives and of his truly remarkable life. nesses in the Watergate hearings. But the millions of people worldwide who bene- Mr. REID. Mr. President, I ask unan- even before then he became the first fitted from his human rights initiatives; and imous consent that the resolution be (3) expresses its condolences to Father Congressman to urge the impeachment agreed to, the preamble be agreed to, Drinan’s family and friends. of President Nixon, not for the Water- the motion to reconsider be laid on the f gate coverup but for the illegal bomb- table, and any statements be printed in ing of Cambodia. That, he thought, was DESIGNATING MARCH 2007 AS ‘‘GO ECORD. the R DIRECT MONTH’’ the far greater crime. ‘‘Can we be si- The PRESIDING OFFICER. Without lent about this flagrant violation of objection, it is so ordered. Mr. REID. Mr. President, I ask unan- the Constitution?’’ he asked. ‘‘Can we The resolution (S. Res. 66) was agreed imous consent that the Senate proceed impeach a president for concealing a to. to consideration of S. Res. 67. burglary but not for concealing a mas- The preamble was agreed to. The PRESIDING OFFICER. The sive bombing?’’ The resolution, with its preamble, clerk will report the resolution by After 10 years in Congress, Father reads as follows: title. Drinan was forced to choose between S. RES. 66 The assistant legislative clerk read the two passions of his life: politics and Whereas the Reverend Robert F. Drinan, as follows: the Catholic Church. He chose to re- S.J. was a talented scholar, who received a A resolution (S. Res. 67) designating March main in the priesthood and spent the bachelor’s degree in 1942 and a master’s de- 2007 as ‘‘Go Direct Month.’’ rest of his life outside government as a gree in 1947 from Boston College, a bachelor’s There being no objection, the Senate passionate advocate for human rights degree in law in 1949 and a master of law de- proceeded to consider the resolution. and a much-loved law professor. ‘‘As a gree in 1951 from Georgetown University, and Mr. REID. I ask unanimous consent person of faith,’’ he said, ‘‘I must be- a doctorate in theology in 1954 from Grego- rian University in Rome, Italy; that the resolution be agreed to, the lieve that there is work for me to do Whereas Father Drinan entered the Soci- preamble be agreed to, and the motion which somehow will be more important ety of Jesus in 1942, completed his seminary to reconsider be laid on the table. than the work I am required to leave.’’ work at Weston College in Cambridge, Mas- The PRESIDING OFFICER. Without As president of the Americans for sachusetts, and was ordained as a Jesuit objection, it is so ordered. Democratic Action, he traveled and priest in 1953; The resolution (S. Res. 67) was agreed spoke widely on hunger, civil liberties Whereas Father Drinan was an influential to. and the dangers of the nuclear arms educator who served as the Dean of the Bos- The preamble was agreed to. race. He cofounded the Lawyers’ Alli- ton College Law School from 1956 to 1970 and The resolution, with its preamble, ance for Nuclear Arms Control, and transformed it into one of the leading edu- cational institutions in the United States; reads as follows: served as vice chair of the ACLU’s Na- Whereas Father Drinan was elected in 1970 S. RES. 67 tional Advisory Council and a member to represent Massachusetts in the House of Whereas the Department of the Treasury of the Helsinki Watch Committee. Representatives; issued 57,000 checks worth approximately Father Drinan’s life of political ac- Whereas Father Drinan represented Massa- $54,000,000 that were endorsed illegally in tivism was in the best tradition of chusetts in the House of Representatives 2006; what it means to be a Jesuit—love of from 1971 to 1981, the first Roman Catholic Whereas the Department of the Treasury learning and a commitment to justice. priest ever to serve in Congress as a voting receives approximately 1,500,000 inquiries Jesuits were among the first to speak Member; each year regarding problems with paper Whereas Father Drinan, during his service checks; out against the Vietnam war and later in the House of Representatives, was an ad- Whereas the use of direct deposit has re- against illegal interventions in Central vocate for social justice, a fighter for civil sulted in more than $6,000,000,000 in savings America. As a professor and an activ- rights, and a champion in the cause of inter- for the Federal Government since 1986; ist, Father Drinan lived the ideals of national human rights; Whereas more than 12,000,000 social secu- his faith. Whereas Father Drinan drew on his legal rity and other Federal benefit recipients Asked about his activism, Father expertise to make significant contributions have yet to sign up for direct deposit; Drinan once said ‘‘it goes back to the in the areas of copyright law reform, con- Whereas the United States would generate fact that you’re a Christian and a Jes- sumer protection, and criminal justice; approximately $120,000,000 in annual savings uit. . . . It means you have to love each Whereas Father Drinan renewed his com- if all Federal beneficiaries used direct de- mitment to education, after his service in posit; other and that you can’t persecute peo- Congress, as a professor at Georgetown Uni- Whereas the use of direct deposit is a more ple. You have to be compassionate to versity Law Center, where he specialized in secure, reliable, and cost effective method of everyone in the world.’’ It was as sim- constitutional law and human rights and payment than paper checks because the use ple as that for him. When asked if he taught more than 6,000 students; of direct deposit—

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S1542 CONGRESSIONAL RECORD — SENATE February 1, 2007 (1) helps protect against identity theft and Whereas Lauren Nelson, of Lawton, Okla- inflicted upon them by hurricanes Katrina, fraud; homa, was crowned Miss America 2007, the Rita, and Wilma; (2) provides easier access to funds during sixth Oklahoman in history and the second Whereas students face myriad challenges emergencies and natural disasters; and in a row; every day, including peer pressure, depres- (3) provides citizens of the United States Whereas Oklahoma now joins only 2 other sion, and school violence; with more control over their money; States in boasting 6 Miss America crowns Whereas school counselors are among the Whereas the Department of the Treasury and 3 other States in holding consecutive few professionals in a school building that and the Federal Reserve Banks have crowns; and are trained in both education and mental launched ‘‘Go Direct’’, a national campaign Whereas the Senate family is also proud of health; organized to encourage the people of the Kate Michael of Senator Johnny Isakson’s Whereas the roles and responsibilities of United States to use direct deposit for the office, who represented the District of Co- school counselors are often misunderstood, receipt of social security and other Federal lumbia in the Miss America Pageant: Now, and the school counselor position is often benefits; and therefore, be it among the first to be eliminated in order to Whereas, by working with financial insti- Resolved, That the Senate— meet budgetary constraints; tutions, advocacy groups, and community (1) commends the Miss America Organiza- Whereas the national average ratio of stu- organizations, the sponsors of ‘‘Go Direct’’ tion for its longstanding commitment to dents to school counselors of 478-to-1 is more are educating the people of the United States quality education and the character of than double the 250-to-1 ratio recommended about the advantages of using direct deposit women in the United States; by the American School Counselor Associa- and assisting people during the enrollment (2) congratulates Miss America 2007, tion, the American Counseling Association, process: Now, therefore, be it Lauren Nelson of Lawton, Oklahoma, the the American Medical Association, the Resolved, That the Senate— 80th woman crowned Miss America; and American Psychological Association, and (1) supports the goals and ideals of ‘‘Go Di- (3) directs the Secretary of the Senate to other organizations; and rect’’; transmit a copy of this resolution to Lauren Whereas the celebration of National (2) designates March 2007 as ‘‘Go Direct Nelson in care of the Miss America Organiza- School Counseling Week would increase Month’’; tion. awareness of the important and necessary (3) commends Federal, State, and local f role school counselors play in the lives of governments, and the private sector, for pro- students in the United States: Now, there- moting March as ‘‘Go Direct Month’’; and NATIONAL SCHOOL COUNSELING fore, be it (4) encourages the people of the United WEEK Resolved, That the Senate— States to— Mr. REID. Mr. President, I ask unan- (1) designates the week of February 5 (A) participate in events and awareness imous consent that the Judiciary Com- through February 9, 2007, as ‘‘National initiatives held during the month of March; School Counseling Week’’; and (B) become informed about the conven- mittee be discharged from further con- (2) encourages the people of the United ience and safety of direct deposit; and sideration of S. Res. 23, and that the States to observe the week with appropriate (C) consider signing up for direct deposit of Senate proceed to its consideration. ceremonies and activities that promote social security or other Federal benefits. The PRESIDING OFFICER. Without awareness of the role school counselors per- f objection, it is so ordered. The clerk form in the school and the community at will report the resolution by title. large in preparing students for fulfilling COMMENDING THE MISS AMERICA The assistant legislative clerk read lives as contributing members of society. ORGANIZATION as follows: f Mr. REID. Mr. President, I ask unan- A resolution (S. Res. 23) designating Feb- HONORING PERCY LAVON JULIAN imous consent that the Senate proceed ruary 5 through February 9, 2007, as ‘‘Na- to S. Res. 68, which was submitted ear- tional School Counseling Week.’’ Mr. REID. Mr. President, I ask unan- lier today. There being no objection, the Senate imous consent that the Senate proceed The PRESIDING OFFICER. The proceeded to consider the resolution. to the immediate consideration of H. clerk will report the resolution by Mr. REID. Mr. President, I ask unan- Con. Res. 34, at the desk and just re- title. imous consent that the resolution be ceived from the House. The assistant legislative clerk read agreed to, the preamble be agreed to, The PRESIDING OFFICER. The as follows: the motion to reconsider be laid upon clerk will report the concurrent resolu- A resolution (S. Res. 68) commending the the table, and that any statements re- tion by title. Miss America organization for its long- lating thereto be printed in the The assistant legislative clerk read standing commitment to quality education RECORD. as follows: and the character of women in the United The PRESIDING OFFICER. Without A concurrent resolution (H. Con. Res. 34) to States. objection, it is so ordered. honor the life of Percy Lavon Julian, a pio- There being no objection, the Senate The resolution (S. Res. 23) was agreed neer in the field of organic chemistry re- proceeded to consider the resolution. to. search and development and the first and only African American chemist to be in- Mr. REID. It is late, but everyone The preamble was agreed to. should know the Miss America Pageant ducted into the National Academy of The resolution, with its preamble, Sciences. is in Las Vegas this year. reads as follows: I ask unanimous consent that the There being no objection, the Senate S. RES. 23 resolution be agreed to, the preamble proceeded to consider the concurrent Whereas the American School Counselor be agreed to, and the motion to recon- resolution. Association has declared the week of Feb- Mr. REID. I ask unanimous consent sider be laid on the table. ruary 5 through February 9, 2007, as ‘‘Na- The PRESIDING OFFICER. Without tional School Counseling Week’’; that the concurrent resolution be objection, it is so ordered. Whereas the Senate has recognized the im- agreed to, the motion to reconsider be The resolution (S. Res. 68) was agreed portance of school counseling through the laid upon the table, without any inter- to. inclusion of elementary and secondary vening action or debate. The preamble was agreed to. school counseling programs in the reauthor- The PRESIDING OFFICER. Without The resolution, with its preamble, ization of the Elementary and Secondary objection, it is so ordered. reads as follows: Education Act of 1965; The concurrent resolution (H. Con. Whereas school counselors have long advo- Res. 34) was agreed to. S. RES. 68 cated that the education system of the Whereas the Miss America Organization United States must leave no child behind f was formed in 1921; and must provide opportunities for every Whereas, in 1945, the organization estab- student; ORDERS FOR MONDAY, FEBRUARY lished a scholarship program to assist young Whereas personal and social growth results 5, 2007 women achieve their personal and profes- in increased academic achievement; Mr. REID. Mr. President, I ask con- sional goals; Whereas school counselors help develop sent when the Senate completes its Whereas contestants in the Miss America well-rounded students by guiding them business today, it stand adjourned Pageant must first succeed in local and through their academic, personal, social, and State pageants; career development; until 2 p.m. Monday, February 5; on Whereas the 52 young women who partici- Whereas school counselors have been in- Monday, following the prayer and the pated in the Miss America Pageant showed strumental in helping students, teachers, pledge, the Journal of proceedings be great poise and accomplishment; and parents deal with the trauma that was approved to date, the morning hour be

VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 0637 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S01FE7.REC S01FE7 rfrederick on PROD1PC69 with CONG-REC-ONLINE February 1, 2007 CONGRESSIONAL RECORD — SENATE S1543 deemed expired, the time for the two EXTENSION OF CERTAIN AUTHORI- The bill (H.R. 434), as amended, was leaders be reserved for their use later TIES OF THE SMALL BUSINESS read the third time and passed. in the day; there be a period of morn- ADMINISTRATION—Continued Mr. REID. Mr. President, I appreciate ing business until 4 p.m., with Senators Mr. REID. Mr. President, we have the Republican leader bringing this to permitted to speak for up to 10 minutes been in touch with Senator KERRY’s of- my attention. I personally will work on each; and that during morning busi- fice today—in fact, just this minute— this tomorrow. ness, Senator BYRD be recognized to and he does say there is some confusion speak for up to 60 minutes; that at 4 in this regard. He has spoken to Sen- f p.m. the Senate resume consideration ator SNOWE. Because of this confusion ADJOURNMENT UNTIL MONDAY, of the motion to proceed to Calendar at this time, I have no alternative but FEBRUARY 5, 2007, AT 2 P.M. No. 19, S. 470, the Iraq legislation. to seek adoption of the unanimous con- The PRESIDING OFFICER. Without sent request regarding the small busi- Mr. REID. Mr. President, if there is objection, it is so ordered. ness matter that I enunciated some no further business to come before the Senate today, I ask unanimous consent Mr. REID. Mr. President, we are time ago. the Senate stand adjourned under the waiting to hear word on a small busi- The PRESIDING OFFICER. Without previous order. ness matter. objection, it is so ordered. The amendment (No. 229) was agreed There being no objection, the Senate, In the meantime, I notice that the to as, follows: at 7:43 p.m. adjourned until Monday, Senate overwhelmingly passed H.R. 2, AMENDMENT NO. 229 February 5, 2007, at 2 p.m. the minimum wage legislation. I con- (Purpose: In the nature of a substitute) gratulate the floor managers for their Strike all after the enacting clause and in- f excellent work. I congratulate the Re- sert the following: publican leader for working with us to SECTION 1. ADDITIONAL TEMPORARY EXTEN- CONFIRMATIONS get this important piece of legislation SION OF AUTHORIZATION OF PRO- Executive nominations confirmed by passed. GRAMS UNDER THE SMALL BUSI- NESS ACT AND THE SMALL BUSI- the Senate Thursday, February 1, 2007: NESS INVESTMENT ACT OF 1958. UNITED STATES INTERNATIONAL TRADE f (a) IN GENERAL.—Section 1 of the Act enti- COMMISSION tled ‘‘An Act to extend temporarily certain IRVING A. WILLIAMSON, OF NEW YORK, TO BE A MEM- PROGRAM authorities of the Small Business Adminis- BER OF THE UNITED STATES INTERNATIONAL TRADE tration’’, approved October 10, 2006 (Public COMMISSION FOR THE TERM EXPIRING JUNE 16, 2014. Law 109–316; 120 Stat. 1742), is amended by DEAN A. PINKERT, OF VIRGINIA, TO BE A MEMBER OF Mr. REID. On Monday, the Senate THE UNITED STATES INTERNATIONAL TRADE COMMIS- will conduct a rollcall vote on the mo- striking ‘‘February 2, 2007’’ each place it ap- SION FOR THE TERM EXPIRING DECEMBER 16, 2015. pears and inserting ‘‘July 31, 2007’’. tion to invoke cloture on the motion to SOCIAL SECURITY ADMINISTRATION (b) EFFECTIVE DATE.—The amendment proceed to S. 470 at 5:30, and that will made by subsection (a) shall take effect on MICHAEL J. ASTRUE, OF MASSACHUSETTS, TO BE COM- be the first vote of the day. February 2, 2007. MISSIONER OF SOCIAL SECURITY FOR A TERM EXPIRING JANUARY 19, 2013. I suggest the absence of a quorum. The amendment (No. 230) was agreed THE ABOVE NOMINATIONS WERE APPROVED SUBJECT TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- The PRESIDING OFFICER. The to, as follows: QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY clerk will call the roll. Amend the title to read as follows: ‘‘An CONSTITUTED COMMITTEE OF THE SENATE. The assistant legislative clerk pro- Act to provide for an additional temporary THE JUDICIARY extension of programs under the Small Busi- ceeded to call the roll. LAWRENCE JOSEPH O’NEILL, OF CALIFORNIA, TO BE ness Act and the Small Business Investment UNITED STATES DISTRICT JUDGE FOR THE EASTERN Mr. REID. Mr. President, I ask unan- Act of 1958 through July 31, 2007, and for DISTRICT OF CALIFORNIA. imous consent that the order for the other purposes’’. VALERIE L. BAKER, OF CALIFORNIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT quorum call be rescinded. The amendments were ordered to be OF CALIFORNIA. The PRESIDING OFFICER. Without GREGORY KENT FRIZZELL, OF OKLAHOMA, TO BE engrossed and the bill to be read a UNITED STATES DISTRICT JUDGE FOR THE NORTHERN objection, it is so ordered. third time. DISTRICT OF OKLAHOMA.

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HIRE A VETERAN WEEK the Arkadelphia Band Boosters. His dedication date these new military operations. Simulta- to making Arkadelphia a better place to live neously, many of the communities that sur- SPEECH OF could not have been greater. I am glad our round Fort Knox are preparing for the arrival HON. JOE BACA paths crossed and I had the honor of knowing of thousands of new military and civilian em- and working with Dan on health care issues. ployees and their families; negotiating con- OF CALIFORNIA My deepest condolences go to his wife, tracts for new homes, schools, businesses IN THE HOUSE OF REPRESENTATIVES Shayron Looney Gathright of Warren; his son and road improvements. These are indeed ex- Tuesday, January 30, 2007 Michael Gathright of Frisco, Texas; his father, citing times for the region. Mr. BACA. Madam Speaker, I ask unani- Archie Gathright of Magnolia; his sister The Defense Authorization Act for Fiscal mous consent to address the House for 1 Maretta Bullock of McNeil; and to his 2 grand- Year 2007 budgeted approximately 5.6 billion minute. children. Dan Gathright will be greatly missed dollars for military construction at BRAC im- Madam Speaker, I rise today in support of in Arkadelphia and throughout the State of Ar- pacted bases. House Leaders are now pro- H. Con. Res. 5, which would direct the Presi- kansas. posing budget cuts that would reduce prom- dent to establish Hire a Veteran Week. f ised funding by approximately 3 billion dollars. As a veteran, I want to thank my colleague, COMMENDING DONALD HOFFPAUIR This funding shortfall would seriously impede Representative HOLT, for introducing this reso- necessary preparations at a number of bases lution on behalf of our brave troops who fight including Fort Knox, leaving the installation for our freedom. HON. CHARLES W. BOUSTANY, JR. and community ill-equipped to accommodate Madam Speaker, unemployment rates for OF LOUISIANA requisite changes. IN THE HOUSE OF REPRESENTATIVES veterans in their twenties are almost twice as Democrat leaders moved unilaterally to cut high as their civilian peers. Wednesday, January 31, 2007 these funds, contradicting Speaker PELOSI’s This is unacceptable. Mr. BOUSTANY. Madam Speaker, I rise pledge to ensure an ‘‘open, honest and full de- We’re sending 18- and 19-year-olds to fight today to applaud the devoted service of Don- bate’’ on all matters before the House. If my in a mistaken war in Iraq. ald Hoffpauir to the people of Acadia Parish. colleagues and I in the minority were allowed The least we can do is make sure that they Donald recently retired following twenty-two due consideration in the process, preserving have a good job when they come home. years of dedicated work in the Acadia Parish full funding would have been our top priority. The system is broken, Madam Speaker. Tax Assessor’s Office, where he served as a And our veterans are paying the price. In the face of significant changes, Ft. Knox Personal Property Manager. and other instillations need our full commit- Our veterans show us excellence in the bat- Throughout his career, Donald was known tlefield—they will show us excellence in the ment to provide in full resources that will allow as a skilled and loyal manager, always willing them to set new standards of excellence and workplace. to assist his co-workers and the many cus- I urge my colleagues to support this resolu- grow as an integral part of our nations de- tomers who called upon the tax assessor’s of- fense capacities. tion and to give our veterans the dignity and fice. respect they deserve. I ask my colleagues to join me and the peo- f f ple of Acadia Parish in wishing Donald IN MEMORY OF DANIEL Hoffpauir a happy retirement, and congratu- ADMINISTRATION INTERFERENCE GATHRIGHT lating him for his invaluable accomplishments WITH CLIMATE CHANGE SCIENCE for the state of Louisiana. HON. MIKE ROSS f HON. DENNIS J. KUCINICH OF ARKANSAS EFFECT OF BUDGET RESOLUTION OF OHIO IN THE HOUSE OF REPRESENTATIVES ON FORT KNOX IN THE HOUSE OF REPRESENTATIVES Wednesday, January 31, 2007 HON. RON LEWIS Wednesday, January 31, 2007 Mr. ROSS. Madam Speaker, I rise today to OF KENTUCKY honor the memory of my friend Daniel IN THE HOUSE OF REPRESENTATIVES Mr. KUCINICH. Madam Speaker, I gave the Gathright, who passed away January 25, attached statement, in opposition to the Ad- 2007, in Arkadelphia, Arkansas. Wednesday, January 31, 2007 ministration’s interference in Climate Change Dan Gathright was a pillar of the community Mr. LEWIS of Kentucky. I rise to register my science on January 30, 2007. of Arkadelphia and of Southern Arkansas for strong disappointment over the dramatic cuts Hearing on ‘‘Political Interference with decades. While attending school at Southern made to the Military Construction account in Science: Global Warming’’ January 30, 2007. State College, now known as Southern Arkan- this year’s budget for military installations af- I want to first thank the Chairman for hold- sas University in Magnolia, Dan worked as a fected by the 2005 Base Realignment and ing this hearing that, like so many other hear- dispatcher at the Magnolia Police Department. Closure Commission. ings we will be having, is long overdue. Global Upon graduating, he worked at Washington I am proud to represent Fort Knox. The warming will be a defining issue of this gen- Regional Hospital in Fayetteville before being overwhelming support demonstrated by local eration and of many to come. named Assistant Administrator at Crittenden citizens, base officials and elected leaders Memorial Hospital in West Memphis. In 1979, continues to cement Fort Knox’s position as a There is substantial scientific certainty Dan moved to Arkadelphia and joined the premiere military installation surrounded by around climate change. Scientists are con- Baptist Medical System where he served as communities that are wonderful places to live, fident that global warming is happening. Simi- Administrator of Twin Rivers Medical Center. work and raise families. larly, the vast majority of experts on the issue He was later named Administrator and Senior As a result of the 2005 Base Realignment agree that human activities are to blame. If Vice President of Baptist Health where he and Closure Commission recommendations, that was not obvious already, it will be after served until his death. Fort Knox is presently transforming from an in- this week when the Intergovernmental Panel Dan Gathright was a member of the First stitutional training installation to a multi-func- on Climate Change releases its long awaited Baptist Church of Arkadelphia, the Arkadelphia tional installation that will include an active report. Rotary, the Clark County American Red Cross duty infantry brigade combat team and the The only uncertainty to be debated is the and a Board Member of the Arkadelphia Army’s Human Resources Command. pace and intensity of warming that will face Chamber of Commerce. Dan also served as Construction has already begun on base to us. Will the pace of warming remain steady or President of the Clark County United Way and align infrastructure and industry to accommo- accelerate predictably? Or can we expect

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

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E228 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2007 more abrupt changes as enormous stores of he felt being an Armenian who happened to tire U.S. House of Representatives, for his methane hydrate, a gas with several times the be a citizen of Turkey—a country that fails to generous service and unflinching duty to our heat retention capacity of carbon dioxide, is acknowledge that the Armenian Genocide oc- great country. My colleagues and I wish him a released from the ocean floor and expanses of curred. As a result, Dink was charged and quick return to good health. permafrost? These gases are released as the convicted of insulting Turkey’s identity. In Oc- f natural mechanisms keeping them seques- tober 2005, after writing about the Armenian tered are broken down by warming. Perma- Genocide, he was given a 6-month suspended IN MEMORY OF NATHAN BARRETT frost melts. Ocean temperature and acidity sentence. rise. The historical record contains strong evi- Hrant Dink was killed because he was a HON. MIKE ROSS dence that abrupt climate change has cor- courageous and outspoken journalist and con- OF ARKANSAS responded with a single release of vast stores tinued to write his columns in hopes of edu- IN THE HOUSE OF REPRESENTATIVES of methane hydrate. cating and informing the people of Turkey. As Wednesday, January 31, 2007 This uncertainty is real. It stands in stark Turkey continues to evolve as a modern sec- contrast to the alleged uncertainties that have ular state, it must understand that democracy Mr. ROSS. Madam Speaker, I rise today to been manufactured by those who stand to requires more than free elections; freedom of honor the memory of my friend Nathan Bar- profit by perpetuating the status quo as long the press is essential. rett, who passed away January 25, 2007, in as possible. I express my condolences to the family, and Pine Bluff, Arkansas. To resolve and manage the real uncertainty, colleagues of Hrant Dink. He was a coura- Nathan Barrett was a pillar of the commu- we must have the best scientific information geous, committed columnist, and a mentor nity of Warren and Bradley County for dec- possible at our fingertips in order to weigh and friend to many. He will be remembered ades. After serving in the U.S. Army during risks and benefits of all available policy re- and missed. the Korean War, Nathan returned to Warren sponses. That is only one of the reasons that f where he was the owner and operator of Bar- the casualness with which this Administration rett-Pirtle Pharmacy since 1960. In 1964, Na- sends unqualified political appointees to edit HONORING THE MILITARY SERV- than received the A.H. Robins Bowl of Hygeia scientific findings is so pernicious. It is also ICE OF STAFF SERGEANT EVER- Award, one of the most prestigious profes- destructive because accurate information is ETT PATTON sional pharmacy honors in Arkansas. In 2005, the bedrock of any democratic society. With- Nathan was honored by the Arkansas State out it, citizens cannot hold their leaders ac- HON. RON LEWIS Board of Pharmacy for 50 years of service as countable for their actions, or in this case, in- OF KENTUCKY a certified pharmacist. actions. IN THE HOUSE OF REPRESENTATIVES Nathan was a member of the First Baptist Church of Warren where he served as Dea- Sadly, such distortion of the truth has a Wednesday, January 31, 2007 proven track record of effectiveness. Indeed con, Sunday School Director and member of an entire industry has been created to manu- Mr. LEWIS of Kentucky. Madam Speaker, I the choir. Nathan was also a member of the facture scientific doubt where there is none. It rise today to pay public tribute to Army Staff Warren Rotary Club, past President of the is a technique that was mainstreamed by the Sergeant Everett Patton for his courageous Bradley County Chamber of Commerce, an tobacco industry and refined by others who service to our country during his recent de- Eagle Scout and a member of Order of the stand to profit from scientific obfuscation like ployment in Iraq. Staff Sergeant Patton, a resi- Arrow in the Boy Scouts of America. His dedi- the chemical industry and the pharmaceutical dent of Owensboro, Kentucky, is currently re- cation to making Warren and South Arkansas industry. In fact, an entire industry that spe- covering from severe burns at the Brooke a better place to live could not have been cializes in creating scientific uncertainty has Medical Center in Fort Sam Houston, Texas greater. taken root. It consists of PR agencies, pseudo following an IED attack. I am glad our paths crossed and that I had scientific consultants and well paid think tanks. Staff Sergeant Patton began his military ca- the honor of knowing Nathan and calling him The strategy not only works, but is profitable. reer in the United States Marine Corps. After my friend. Making matters worse, today we will see a brief tenure working in civilian construction, My deepest condolences go to his wife, evidence that the taxpayers have been sub- Mr. Patton and his wife Christy enlisted in the Mary King Barrett of Warren; his two daugh- sidizing the distortion of the findings of world Army in January 1999. He was first assigned ters, Edie Coleman of Ft. Worth, Texas, and class scientists on the topic. At best, it is cor- as a Specialist in the heavy construction Laurie Moore of Ruston, Louisiana; his sister, porate welfare. At worst, it undermines democ- equipment operator field with C Company 5th Peggy Barrett of Greenbriar; and to his 4 racy and puts the delicate ecosystems on Engineer Battalion at Fort Leonard Wood, Mis- grandchildren. Nathan Barrett will be greatly which we all intimately depend, at risk. My souri. missed in Warren and throughout the state of hope is that this hearing marks the beginning Staff Sergeant Patton reenlisted in 2002 and Arkansas. of the end of this practice. was placed in the 562nd Engineer Company f f in Alaska as squad leader. He was deployed to Operation Iraqi Freedom in July 2005 for HONORING ACADIANA HIGH TRIBUTE TO HRANT DINK his first six-month tour as part of the 172nd SCHOOL’S WRECKIN’ RAMS Stryker Brigade. He returned to Iraq for a sec- HON. JOE BACA ond tour in 2006. HON. CHARLES W. BOUSTANY, JR. OF CALIFORNIA While operating a bulldozer, Staff Sergeant OF LOUISIANA IN THE HOUSE OF REPRESENTATIVES Patton struck an IED that exploded and quick- IN THE HOUSE OF REPRESENTATIVES ly engulfed his vehicle in flames. Gratefully, he Wednesday, January 31, 2007 survived the explosion but suffered severe Wednesday, January 31, 2007 Mr. BACA. Madam Speaker, on January 19, burns over almost 70% of his body. Mr. BOUSTANY. Madam Speaker, I rise 2007, Hrant Dink, a distinguished Armenian Staff Sergeant Patton is making a remark- today to congratulate the Acadiana High journalist, was shot dead outside the offices of able recovery in the burn unit at Brooke Med- School Wreckin’ Rams for winning the 5A Lou- his newspaper Agos in Istanbul, Turkey. A ical Center in Fort Sam Houston, Texas. On isiana State Football Championship in the Su- progressive voice of reason and hope for Ar- January 29th, he was honored with the Purple perdome last month. The Wreckin’ Rams de- menians living in Turkey and around the Heart Award. He remains in high spirits with feated Sulphur High School 13–10 to win their world, Hrant Dink fought tirelessly to engage the love and support of his wife and five chil- first-ever state title. The victory was capped off the Turkish community in open discussion of dren. by a last minute 32-yard field goal by Drew the many injustices Armenians have experi- I would like to take this opportunity to ex- Alleman. enced in the past and present including the press my gratitude to Staff Sergeant Patton for After kicking a 42-yard field goal to tie the Genocide of 1915 and current human rights selflessly standing in harm’s way to protect game at 10–10, Alleman split the uprights on violations. our freedom and way of life. His courage and the game’s final play to seal Acadiana’s win. Hrant Dink struggied daily with the difficul- sacrifice represent the very best of what it The championship ended a 13–2 season for ties of disclosing the Armenian Genocide to means to be a United States soldier and cit- the Rams. the public in Turkey, yet he continued to make izen. Acadiana’s coach, Ted Davidson, expressed the difficult his lifelong passion. In his weekly It is my great privilege to recognize Staff his excitement after the game. ‘‘This is the columns, Dink often spoke of the complexities Sergeant Everett Patton today, before the en- most competitive team I’ve ever coached. This

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E229 is the fifth game this year that we’ve won in tucky History Center in Frankfort last April, HONORING G. MARTIN ‘‘MARTY’’ the last 30 seconds of the game. They just traveled to Washington, D.C. to compete in WAGNER refuse to lose,’’ Davidson said in the Lafayette the national contest at the University of Mary- Daily Advertiser. land, June 15–19, 2006. Together, they dem- HON. TOM DAVIS Madam Speaker, with this victory, Acadiana onstrated great academic prowess, teamwork OF VIRGINIA High School’s Wreckin Rams have made the and sportsmanship before a regional audi- IN THE HOUSE OF REPRESENTATIVES residents of their entire state proud. I enter ence, representing competitive values that Wednesday, January 31, 2007 into the official CONGRESSIONAL RECORD the make Kentucky proud. names of these players and their coaches, Mr. TOM DAVIS of Virginia. Madam Speak- and I ask that my colleagues join me in con- I would like to commend Maureen McCoy, er, I rise today to honor Mr. G. Martin ‘‘Marty’’ gratulating them for their achievement. Paige Walls, Joel Fickel, Ashleigh Steever, Wagner for over 31 years of dedicated service State Champions: Justin Green, Dvan Al- Chase Thomas and Breisa Baker for their ac- to the Federal government. exander, Kip Jacob *, Jeb Stefan, Louis complishment. I would also like to recognize Through Mr. Wagner’s current role as Dep- Hollier, Jonathan Morvant, Javinas Faulk *, the effort and support of their coaches. I am uty Commissioner of Federal Acquisition Serv- Daniel August*, DJ St. Julien, Desmond very proud to represent these students, edu- ices, and previously as Acting Commissioner Sam, Terrence Sinegal, Tory Caudill, Brian cators and their families. and Acting Deputy Commissioner, he oversaw Sinegal, Jordan Figaro *, John Dean, Darius the acquisition of more than $50 billion of Eaglin *, Chris White, Kyle Ramsey, Sam I ask my colleagues in the U.S. House of goods and services for various federal agen- Boersma *, Jarred Evans, Chris Nguyen, Jer- Representatives to join me in congratulating cies. He managed a workforce of more than emy Griggs, Terrance Broussard, Brad these students for their achievement and wish Melancon, Austin Romein, Jeremy 4,000 associates who helped the Federal gov- Fontenot *, Daniel Arabie, Ethan Piazza, them continued success in their promising fu- ernment find, buy and manage all federal non- Jordan Burt, Keevan Breaux, Jarrid Durand, ture years. real estate services. Dexter Bruno, Trent Noel, Fletcher Sand- Mr. Wagner led initiatives that set the tone ers *, Jordan Boykin *, Jordan Himel, Chase f and direction for major changes in govern- Southerland, Lora Parker, Whitney ment-wide management. He has played a key Duplechin, Tayla Davis, Josh Bourque, IN HONOR OF JULIUS STORTI Coach Bob Fabre, Coach Scott McCullough, role in promoting electronic government, in Coach Ted Davidson, Cody Labat, David using commercial contracts and approaches, Guidry, Cody Mandell, Coach Myles Casbon, and in putting performance measures into Brett Polaski, Kalen Comeaux *, Anthony HON. DENNIS J. KUCINICH practice. Such initiatives include the creation Johnson, Derek Richard *, Jeffrey Trahan, OF OHIO of FirstGov, the Government’s Internet portal; Kevin Elston, Marcus Sam *, Bobby David- and FedbizOpps, the gateway for all federal IN THE HOUSE OF REPRESENTATIVES son, Drew Alleman, Dexter Hall *, Quincy procurements. Mouton, Chance Brossette, Donovan Gallien, During Mr. Wagner’s career he has been Casey Latiolais *, Hunter Thibodeaux, Kyle Wednesday, January 31, 2007 Hebert, Marcus Bazile, Lance Walker, Bran- honored for his good work and accomplish- don Touchet *, Sheffield Taylor *, Jordan Mr. KUCINICH. Madam Speaker, I rise ments as a premier civil servant. Mr. Wagner Magee, Aaron Guidry *, Sean McGovern, today in honor and recognition of Julius Storti, received the Meritorious Presidential Rank for Matt Crooks, Hunter Hebert, Matt upon his retirement from Transformer Engi- his career achievements as well as his efforts Boudreaux, Cherish Barton, Jared Prince, neering Corporation (TEC). His tenure at TEC in leading the administration’s effort to reinvent Dylan Terro, Robert Montgomery *, Taylor spans sixty-three years, and is framed by in- the federal management process. He also re- Wiggins, Mike Carvajal, Wilfred Journet *, tegrity, innovation, excellence, friendship and ceived the Distinguished Presidential Rank for Buck Smith *, Brady Hebert *, Chris his work to improve federal management, spe- Thibodeaux *, Spencer Trahan, Jesse Ledet, unwavering loyalty and dedication. Jeremy Courville, Brent White, Brian White, cifically the implementation of a new manage- Mr. Storti began working at TEC in the sum- ment framework to reflect modem manage- Kynsi Sonnier, Ayriell Collins, Crystal mer of 1943, while still in high school. His in- Faulk, Coach Neal Lege, Coach Larry ment principles and effective uses of tech- Breaux, Coach Gary Fontenot, Coach Chris terest in electrical work was sparked while a nology. Finally, Mr. Wagner received the Gen- Mitchell, and Brandon Siner. student at Lincoln High School, where he as- eral Services Administration’s ‘‘Giraffe Award’’ f sisted a teacher with an electrical course. At for ‘‘sticking his neck out’’ and taking risks to TEC, Mr. Storti became highly skilled in all improve various GSA programs. These rec- HONORING SPENCER COUNTY STU- areas, yet his primary work and expertise fo- ognitions illustrate the kind of results-oriented DENTS FOR THEIR PARTICIPA- cused on hand & multiple winding, an area in federal employee he is. TION IN NATIONAL HISTORY DAY which he is considered an expert. Whether Mr. Wagner was instituting the A devoted family man, Mr. Storti was also massive modernization of the federal tele- HON. RON LEWIS surrounded by family and friends at TEC. He communications system, establishing im- OF KENTUCKY met his wife, Dorothy at TEC, and lovingly proved customer and employee management systems, or taking the simple, personal step of IN THE HOUSE OF REPRESENTATIVES cared for her until her recent passing. To- adding Brail to his business cards, Mr. Wag- Wednesday, January 31, 2007 gether they raised their daughter, Anne. He ner has always worked to ensure that every- Mr. LEWIS of Kentucky. Madam Speaker, I also worked alongside his childhood friend, one had improved access to the federal gov- rise today to recognize six remarkable stu- George Kolsenicky, and his brother-in-law, the ernment. dents from the Spencer County School Sys- late Paul Yachanin. Mr. Storti’s kind and hum- Madam Speaker, in closing, I would like to tem for their participation and high achieve- ble nature consistently shone through at TEC, commend and congratulate Mr. Wagner on all ment in the National History Day Competition and his professional integrity and strong work of his achievements. I call upon my colleagues held last year at the University of Maryland. ethic never wavered. Although a talented and to join me in applauding Marty for his past ac- National History Day is an innovative history dedicated employee, the center of Mr. Storti’s complishments and in wishing him continued education program for students in grades 6– life continues to be his family and close success in the years to come. 12 who are interested in improving their histor- friends. f ical knowledge in a fun and challenging envi- Speaker and Colleagues, please join me in ronment. Each year, students choose a topic HIRE A VETERAN WEEK congruent with an annual theme, conduct re- honor and celebration of Mr. Julius Storti, search, then synthesize and analyze their find- whose sixty-three year tenure at Transformer SPEECH OF ings into a paper, exhibit, documentary or per- Engineering Corporation is defined by kind- ness, patience, expertise and willingness to HON. BILL SALI formance. These projects are then evaluated OF IDAHO extend a helping hand to anyone in need. Mr. at the local, state, and national levels. Finalists IN THE HOUSE OF REPRESENTATIVES from each level advance to the next round of Storti created bonds of friendship at TEC that competition. will never be broken, and he will be deeply Tuesday, January 30, 2007 This 2006 theme was ‘‘Taking a Stand.’’ missed by all. I wish Mr. Storti and his family Mr. SALI. Madam Speaker, it is an honor to Spencer County students, who placed first or an abundance of health, peace and happiness join with my colleagues this week in support of second at the state contest held at the Ken- as he journeys onward from here. the ‘‘Hire a Veteran Week’’ resolution.

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E230 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2007 Scripture tells us, ‘‘Greater love has no one his education with a certificate in educational 22, 1967 to October 26, 1970, which many than this, that he lay down his life for his leadership from DePaul University in 2005. feel were his peak years. Finally, in 1971, the friends.’’ Few things could better characterize Throughout his career, Mr. Rodgers has Supreme Court unanimously reversed Ali’s the conduct of so many of our Nation’s vet- been an educator and a leader in a variety of conviction, and his boxing privileges were re- erans. venues. He began his career at Mather High stored. School teaching biology and chemistry. He The men and women who have worn the Ali quickly set about regaining the heavy- went on to become the department chairman uniform of our country have been willing to weight title, which was now held by the indom- at Mather High. He then joined the Northside place themselves in harm’s way on our behalf. itable Joe Frazier. In the first of three bouts science department, working his way up to de- They have offered to lay down their lives for with Frazier, Ali lost what was dubbed ‘‘the us. They have shown us the greatest love. partment chairman there as well. Currently, fight of the century.’’ In a rematch with Frazier Mr. Rodgers is the LAUNCH principal at Wes- Not only have our veterans demonstrated in 1974, Ali was victorious in redeeming his tinghouse Career Academy in Chicago assist- the greatest love to us, they also have dem- championship title. In October of that same ing in the day-to-day operations of the school. onstrated a quality of character that should in- year, the fight considered to be his most an- Mr. Rodgers has gone above and beyond in spire us all. ticipated and promoted of his career, was the serving the interests of the students wherever How can we show them the same kind of ‘‘rumble in the jungle’’ against a younger and he has taught. He founded the swim team at commitment? By treating current service per- vibrant George Foreman. The fight took place Northside High School, led the Curriculum sonnel well on the battlefield, making sure in Kinshasa, Zaire, and there were many who Team, was a teacher-mentor for the Golden they have the equipment needed to get the doubted that Ali would emerge the victor. In job done well. We must make every benefit of Teachers program, coordinated staff develop- ment opportunities for five area schools, and this fight, Ali introduced what he called the technology and the full wealth of our Nation ‘‘rope-a-dope,’’ which he used to tire Foreman available to our military to ensure our soldiers, was a member of the leadership team at both Northside High and Westinghouse Academy. and eventually sustain his position as the No. sailors, air personnel and Marines have what 1 heavyweight champion of the world. they need to do their jobs. In addition to coaching the swim team at We need to treat them well when they re- Northside, he is also affiliated with the Asso- In 1975, his third and final bout with Joe turn: We need to keep faith in providing them ciation for Supervision and Curriculum devel- Frazier, labeled the ‘‘the thrilla in Manila’’ by with the benefits they need to show our grati- opment, the National Science Teachers Asso- Ali, proved to be one of the toughest and tude for their sacrifice. ciation, the Friends of the Chicago River, the greatest fights of his career. Ali was victorious And we need to treat those they love well: National School Reform Faculty, the North once more. Sadly, in 1978, Ali lost the title to We need to care for the families of the fallen, River Commission, the American Chemical Leon Spinks. That same year, in a rematch their widows and orphaned children. Society, and National Public Radio. with Spinks, Ali won the championship title for The measure before us ‘‘encourages the Madam Speaker, I congratulate Barry Rod- the third time. In his final fight, ‘‘the drama in President to issue a proclamation calling upon gers on his appointment as Northside College Bahamas,’’ against Trevor Berbick in 1981, his employers, labor organizations, veterans’ serv- Preparatory High School’s new principal, and loss signaled the decline of the fighter’s reign, ice organizations, and Federal, State, and I thank him for his many outstanding contribu- and on December 12, 1981, Muhammad Ali local governmental agencies . . . to lend their tions in educating the young people of the said goodbye to boxing at the age of 39. support to increase employment of the men Fifth District of Illinois. His efforts have had a There were also reports of his deteriorating and women who have served in the Armed profound impact on the lives of his friends, health, and in 1982, the world knew that he Forces of the United States.’’ family, and countless other individuals. I wish was suffering from Parkinson’s disease. him the best of luck as he embarks on this The ability of our veterans to contribute is Ali remains a beloved and active public fig- new journey, and continued happiness in all not limited to their time in uniform. They are ure. He has enjoyed countless honors, such his future endeavors. also men and women with specialized skills as becoming No. 13 of the Forbes Celebrity and bring exceptional training to the market- f 100, receiving the Spirit of America Award place. Hiring a veteran is a sound economic HONORING MUHAMMAD ALI which named him the most recognized Amer- investment. ican in the world, named ‘‘Kentucky Athlete of Madam Speaker, that’s something all Ameri- the Century,’’ and lighting the flame at the cans can support, and I look forward to voting HON. JOHN CONYERS, JR. 1996 Summer Olympics. In 2005, Ali received for H. Con. Resolution 5, ‘‘expressing support OF MICHIGAN the Presidential Medal of Freedom, and the for the designation and goals of ‘Hire a Vet- IN THE HOUSE OF REPRESENTATIVES $60 million Muhammad Ali Center was opened eran Week’ and encouraging the President to Wednesday, January 31, 2007 in his honor in Louisville, KY. He is a United issue a proclamation supporting those goals,’’ Nations Messenger of Peace and the first when it comes before the House. Mr. CONYERS. Madam Speaker, I rise sportsman to receive an Otto Hahn Peace today to support House Resolution 58 in honor Medal. He is also the namesake of the Mu- f of Muhammad Ali—born Cassius Marcellus hammad Ali Boxing Reform Act. Clay, on the occasion of his 65th birthday. CONGRATULATING BARRY More than a superior in the boxing world, Ali PATRICK RODGERS, BS, M.ED. Internationally known as the ‘‘greatest of all time,’’ he single-handedly revolutionized the took a stand against injustice. He was a sport of boxing. champion of the civil rights movement, and an HON. RAHM EMANUEL Born on this day in 1942 in Louisville, KY, involved activist who used his power and fame OF ILLINOIS by the age of 18, Clay had already become to push noble social change. His refusal to fight in a war that he didn’t believe in made a IN THE HOUSE OF REPRESENTATIVES the 1960 light-heavyweight Olympic Gold Med- alist. It was then that he evolved into a profes- statement to not only the African-American Wednesday, January 31, 2007 sional fighter, and by 1963, he had won all 19 community, but to the world. Ali sacrificed box- Mr. EMANUEL. Madam Speaker, I rise of his first professional fights. The following ing, the one thing he loved the most, to stand today to congratulate Barry Rodgers on his year, 1964, Clay won the world heavyweight up for that which he believed. His practice of appointment as principal of Northside College title against Sonny Liston. Two days later, he Islam and civil disobedience propelled him to Preparatory High School in Chicago. The announced his acceptance of the teachings of larger than life status. Muhammad Ali has in- Northside school council voted unanimously to the Nation of Islam and changed his name to spired millions throughout the world. He has name Mr. Rodgers to a 4-year term as prin- Muhammad Ali shortly after. given people hope and proved that anyone cipal beginning on July 1, 2007, and they Ali defended his championship title nine can overcome insurmountable odds. He has chose an outstanding successor to James times between 1965 and 1967, more than given people courage and shown us all that Lalley, who is retiring on June 30, 2007. most heavyweight fighters in such a short pe- with spirit and determination, a simple person Mr. Rodgers received his B.S. in zoology riod. Citing his Islamic faith, Ali refused to can make a difference. There will never be an- from the University of Wisconsin at Madison in serve in the U.S. military during the war in other Muhammad Ali. 1990. He then went on to graduate from Na- Vietnam. As a result, his title was revoked, his So Madam Speaker, it is with great distinc- tional Louis University, in 1999, with a mas- fighting license was suspended, and he was tion that I stand here today to wish the champ, ter’s degree in education specializing in cur- sentenced to 5 years in prison for draft eva- the living legend, ‘‘The Greatest,’’ Muhammad riculum and instruction, and he has continued sion. He was barred from fighting from March Ali, a happy birthday.

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E231 HONORING LORRAINE C. MILLER, After serving four years as a rifle platoon In conclusion, God bless our troops, and we CLERK OF THE HOUSE leader during World War II, including many will never forget September 11th. combat jumps into Italy and Holland, James f HON. MICHAEL C. BURGESS Megellas left the active Army and served for HIRE A VETERAN WEEK OF TEXAS 16 years in the Army Reserve. He retired after IN THE HOUSE OF REPRESENTATIVES 20 years of service as a lieutenant colonel. SPEECH OF Wednesday, January 31, 2007 His awards and decorations include the Dis- tinguished Service Cross, two Silver Star Med- HON. THELMA D. DRAKE Mr. BURGESS. Madam Speaker, I rise als, two Bronze Star Medals, two Purple OF VIRGINIA today to honor Mrs. Lorraine C. Miller of Fort Hearts, and he is credited with being the 82nd IN THE HOUSE OF REPRESENTATIVES Worth, Texas on her appointment as Clerk of Airborne Division’s most decorated officer. Tuesday, January 30, 2007 the House of Representatives on Tuesday, During World War II, General James Gavin January 30, 2007. selected one 82nd officer—Lt. James Mrs. DRAKE. Madam Speaker, I rise today As Clerk of the House of Representatives, Megellas—to receive the Military Order of to lend my support for House Concurrent Res- Mrs. Miller’s responsibilities will include, but Willhelm Orange Lanyard from the Dutch Min- olution 5—supporting the designation of ‘‘Hire are not limited to, the Page Board, congres- ister of War on behalf of his division. a Veteran Week.’’ sional travel reports and disclosure forms, the To this day, James Megellas continues to In each and every generation, a class of voting system, and oversight of the legislative inspire. In February 2006, 61 years after that men and women stand out amongst their operation of the House floor. She has worked momentous battle, James ‘‘Maggie’’ Megellas peers for their courage, their dedication and at the highest levels of government, which set foot on a battlefield with fellow 82nd Air- their patriotism. They have willfully defended have contributed to her leadership abilities and borne Division soldiers, this time in a current our Nation and our principles when they were knowledge of management. The role of the theater of war—Afghanistan. James Megellas threatened, all the while reminding us about Clerk is demanding and requires someone was impressed with what he saw of the para- what is good about our Nation through their with great intellect. Mrs. Miller will bring troopers and their work. He listened to their compassion and their citizenship. Although strength and diversity to the Office of the Clerk stories of the past year of deployment and they have accomplished great things while in as the first African-American woman to hold shared with them his own experiences during uniform, I support this measure not for what this top House position. World War II. ‘‘Maggie’’ continues to inspire by they have done to protect our past, but for Mrs. Lorraine Miller first worked in the speaking to groups across the country about what they are capable of doing to build our fu- House for Representatives for U.S. Congress- his experiences and is planning to observe his ture. Our veterans have gained the kind of man Jim Wright (D–Fort Worth) when he was 90th birthday in Iraq this March with the 82nd working skills and on-the-job training that is Majority Leader. She moved on to work for Airborne troops. beyond comparison. They possess the quali- then-Speaker Tom Foley (D–Washington), I urge my colleagues to recognize James ties that any employer would find desirable: U.S. Congressman JOHN LEWIS (D–Georgia), ‘‘Maggie’’ Megellas by supporting this bill to dedication, commitment and honor. I hope that and finally for current Speaker NANCY PELOSI. authorize and request the President to award my colleagues will join me in supporting Mrs. Miller also worked as Deputy Assistant to him the Medal of Honor for his acts of valor House Concurrent Resolution 5 and help bring the President of Legislative Affairs for the on January 28, 1945, during the Battle of the attention to this worthy endeavor. House of Representatives during the Clinton Bulge. As time goes by, true heroes should Administration. She additionally held positions f not be forgotten, so please join me in honoring at the Federal Communications Commission IN MEMORY OF LIEUTENANT this outstanding American hero. and the Federal Trade Commission. GENERAL WARREN D. JOHNSON It is with great honor that I recognize Mrs. f Lorraine C. Miller for decades of hard work HONORING COLONEL PAUL M. HON. MARK STEVEN KIRK and selfless dedication. I want to join her KELLY OF ILLINOIS friends and family, both in Fort Worth and in Washington, in congratulating her on this pres- IN THE HOUSE OF REPRESENTATIVES tigious milestone. She has been an inspiration HON. JOE WILSON Wednesday, January 31, 2007 and role model to many, and I am proud to OF SOUTH CAROLINA IN THE HOUSE OF REPRESENTATIVES Mr. KIRK. Madam Speaker, LTG Warren D. represent her in Congress and look forward to Johnson of Winnetka passed away on January working with her. Wednesday, January 31, 2007 23, 2007, leaving behind a legacy of personal f Mr. WILSON of South Carolina. Madam contributions to his family, colleagues, and the INTRODUCTION OF LTC JAMES Speaker, I rise today in honor of a true Amer- nation. MEGELLAS MEDAL OF HONOR ican hero. Colonel Paul Kelly, of Stafford, Vir- General Johnson was born in 1922, in BILL ginia, and a former member of the South Blackwell, Oklahoma. He entered military serv- Carolina Army National Guard, died in Bagh- ice in April 1942 and graduated from officer HON. THOMAS E. PETRI dad when the Black Hawk helicopter he was candidate school with a commission as sec- in crashed. ond lieutenant in November 1942. He was first OF WISCONSIN Colonel Kelly served as a South Carolina assigned to advanced training for the B–17 IN THE HOUSE OF REPRESENTATIVES guardsmen from April 1986 until June 2001. and then sent to Tokyo, Japan where he Wednesday, January 31, 2007 During his tenure, he held key leadership and served from December 1946 until June 1949 Mr. PETRI. Madam Speaker, I am reintro- staff positions within the aviation program ris- as a personnel officer in the Pacific Air Com- ducing legislation to honor a true American ing to the rank of Lieutenant Colonel. Colonel mand and the Far East Air Forces. hero by awarding him the Medal of Honor. Kelly later transferred to the Virginia Army Na- Johnson was next assigned as a B–36 crew Sixty-two years ago this past Sunday, on Jan- tional Guard, with which he was serving at the member with the 11th Bombardment Wing of uary 28, 1945, during the Battle of the Bulge, time of his death. To date Col. Kelly is the Carswell Air Force Base, Texas. There he then Lt. James Megellas led his platoon of the most senior officer to die in the Iraqi theater of began his long association with Strategic Air 82nd Airborne Division on a surprise and dev- war. He was a mentor to many coming up Command. At Little Rock Air Force Base, Ar- astating attack on a much larger advancing through the ranks of military service. kansas from May 1955 to July 1959 he served German force, killing and capturing a large Colonel Kelly would have celebrated his as a B–47 aircraft commander and director of number of the enemy and causing others to 46th birthday today. According to the Dayton operations for the 70th Strategic Reconnais- flee. In an act of fearless courage, Lt. Daily News, Colonel Kelly was nicknamed ‘‘the sance Wing. Megellas single-handedly destroyed an attack- Senator’’ because he was always shaking sol- General Johnson was assigned as chief of ing German Mark V tank with two hand-held dier’s hands, no matter their rank. transportation at Torrejon Air Base, Spain and grenades. He then led the charge of his men Colonel Kelly is survived by his loving wife in January 1962, became commander of the and seized Herresbach, Belgium, during this Maria, his two sons, Paul and John, his par- SAC base at Sidi Slimane, Morocco. fierce action of the Battle of the Bulge. Due to ents, John and Mary Rose, and his five sib- In 1963, he became deputy director of his aggressive, fearless and superior leader- lings. Colonel Kelly honorably served America Eighth Air Force Headquarters at Westover Air ship, Lt. James Megellas inspired his men to and his family. My thoughts and prayers are Force Base, Massachusetts. In 1966, Johnson excel. with them all. became commander of the 380th Strategic

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E232 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2007 Aerospace Wing, SAC and in 1967 was given years, he owned and operated the Parkway Wean, Jr., Chairman of The John Wean Foun- the responsibility for SAC wings. Service Store and was a partner in the oper- dation in Warren, OH. The John Wean Foun- In September 1969, he assumed the dual ation of Riverside Wholesale for 13 years. He dation was established in 1949 by Raymond assignment of commander, U.S. Forces, was also a manager and salesman for L&G John Wean, Sr., an inventive and enterprising Azores, and commander, 1605th Air Base Athletic Retail Sports Store. But those are just industrialist, who was devoted to improving the Wing, Lajes Field, Azores. his contributions to the business community. quality of life and education in the Mahoning In June 1971, General Johnson became Rocky Soccio also spent time as an educa- Valley. The John Wean Foundation would deputy chief of staff for personnel at Strategic tor and coach at Kishacoquillas High School. serve the communities in which he had Air Command Headquarters and later became He taught history and driver’s education, and achieved enormous success. chief of staff. served as the wrestling coach and athletic di- A native of Warren, OH, Jack was the son He joined the Defense Nuclear Agency in rector at the high school. The young lives he of Raymond J. Wean, Sr., who founded Wean May 1973 as deputy director for operations contributed to were many and did not go un- Engineering Company in 1929. After grad- and administration, and in October 1973 was noticed. As recognition of his achievements, in uating from Yale University, Mr. Wean served appointed as the director. General Johnson 1965, Rocky was named the winner of Valley as a Naval Officer in the South Pacific during also served as a member of the Aerospace Forge Freedom Foundation Public Teacher World War II. In 1946, he went to work for his Safety Advisory Panel to the National Aero- Award. father’s business in Warren at a time when the nautics and Space Administration. Rocky Soccio also had a strong hand in the steel and aluminum industries were booming. General Johnson received numerous mili- local government. He served on the Blue Jack started in an executive position and tary decorations and awards. He was Cross Consumer Advisory Board for 34 years was elected president and chief executive in quadruplerated as pilot, navigator, bombardier and also spent six years as a board member 1966. He became chairman in 1979. Jack re- and radar operator, and had more than 17,000 on the Mifflin County Housing Authority. Rocky tired in 1992, but continued to chair The Foun- hours of flying time in fighters and bombers. became chairman of the Municipal Authority of dation. He traveled extensively and was an Retiring from the United States Air Force in the Borough of Lewistown as well as the Miff- avid sport fisherman. 1977, Don Johnson joined Baxter International lin County Republican Party. He was a former Jack Wean was married to the former Ade- as a corporate officer. His activities were var- auditor for the Mifflin County Board of Elec- laide McCracken and they have three sons ied ranging from facility planning, tele- tions, and also found time to belong to the and a daughter. They also have eight grand- communications, and aviation to Baxter’s op- Knights of Columbus, the Lewistown Jaycees, children and two great-grandchildren. erations in South Africa, finally recommending the Kiwanis, and the Lions Club. Since 1949, The John Wean Foundation divestment of the company’s interest in that To cite each individual accomplishment and has raised over $85 million dollars. It was country. General Johnson chaired Baxter’s contribution that Rocco J. Soccio was involved through Jack’s generosity that a broad range Crisis Management Team before retiring in in would be nearly impossible. His involvement of nonprofit organizations would benefit. I 1990. in the community over the years has been im- would like to remember Raymond John ‘‘Jack’’ On a personal note, it was to my great measurable. Rocky Soccio selflessly dedicated Wean, Jr., for his sense of obligation and pleasure and honor that ‘‘The General,’’ as we himself to the Lewistown area, and we are all commitment to the residents here in the called him, served on my Service Academy very grateful for his effort toward positive en- Mahoning Valley. Select Screening Board to make rec- richment of the community, as he has certainly f ommendations for nominations for the Air deserved this distinguished honor. IN RECOGNITION OF NATIONAL Force Academy in Colorado Springs. He took f delight in the many fine young people that our SKATING MONTH district produced and their sincere desire to RECOGNIZING THE 50TH WEDDING serve our country. ANNIVERSARY OF ANTONIO AND HON. STEPHANIE TUBBS JONES General Johnson was a giant among men, IDA FRISSORA OF OHIO having served in three wars, flying fighters and IN THE HOUSE OF REPRESENTATIVES bombers, going from prop planes to the Stra- HON. PATRICK J. TIBERI Wednesday, January 31, 2007 tegic Air Command, and serving as Director of OF OHIO Mrs. JONES of Ohio. Madam Speaker, I the Defense Nuclear Agency. He continued IN THE HOUSE OF REPRESENTATIVES making contributions in civilian life by sharing rise today in recognition of National Skating Wednesday, January 31, 2007 his leadership and understanding of the world. Month. This event has run throughout the We will never comprehend the influence and Mr. TIBERI. Madam Speaker, it is a pleas- month of January 2007, sponsored by the inspiration that General Johnson provided to ure for me to offer my best wishes to my aunt United States Figure Skating Association. It those who had the opportunity to make his ac- and uncle who recently celebrated their golden highlights contributions of U.S. figure skaters quaintance. To his wife Judy and his four sur- wedding anniversary. such as the wonderful competitors who partici- viving children, I extend my deep condo- Antonio and Ida Frissora first met after Ida pated in this month’s U.S. Figure Skating lences. To General Don Johnson’s many moved to Columbus, Ohio from Niagara Falls Championships held in Spokane, WA, from friends at the North Shore Senior Center, it in 1955. They were married on January 26, January 21 through January 28, 2007. was our pleasure to know such a fine indi- 1957 at St. John the Baptist Catholic Church Recently, from November 28 through De- vidual and family man who will be missed by and have now spent 50 years together. cember 2, 2006, my home city of Cleveland, all. Antonio and Ida have been wonderful par- OH, hosted the U.S. Junior Figure Skating f ents to Christina, Tony and his wife, Caroline, Championships. This event featured young and Don and his wife, Robin. They are the skaters from across the country. Significantly, TRIBUTE TO ROCCO J. SOCCIO proud grandparents of eight. efforts of the Cleveland Sports Commission, As loving parents and grandparents, they the Greater Cleveland Council of Figure Skat- HON. BILL SHUSTER continue to set a wonderful example for others ing Clubs, and the United States Figure Skat- OF PENNSYLVANIA to follow. I join with their family and many ing Association resulted in an economic im- IN THE HOUSE OF REPRESENTATIVES friends in wishing Antonio and Ida all the best pact of over $1 million in Cleveland, OH. on this joyous occasion. In January of 2009, Cleveland, OH, will Wednesday, January 31, 2007 f again host the U.S. Figure Skating Champion- Mr. SHUSTER. Madam Speaker, I rise ships. This will be Cleveland’s fourth time today to honor Mr. Rocco J. Soccio of TRIBUTE TO RAYMOND JOHN hosting the senior championships, previously Lewistown, Pennsylvania, who passed away ‘‘JACK’’ WEAN, JR. held in the city in 2000, 1964, and 1940. This Saturday, December 16, 2006, at the age of competition is one of the most significant 71 years. This distinguished man is survived HON. TIM RYAN events that a city can host. The 2000 cham- by a wife of almost 50 years, Barbara Kaley OF OHIO pionships had an economic impact in Cleve- Soccio, whom he married in 1957 and had IN THE HOUSE OF REPRESENTATIVES land calculated by the Cleveland Sports Com- three children, Jan, John and Vincent. mission at $19.5 million. Lewistown is lucky to have had such a de- Wednesday, January 31, 2007 Figure skating is not only a wonderful sport voted citizen to the community such as Rocco, Mr. RYAN of Ohio. Madam Speaker, I rise to watch but is an activity that can be enjoyed or ‘‘Rocky’’, as everyone knew him. For 30 today in recognition of Raymond John ‘‘Jack’’ by people throughout their lives. The sport is

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E233 largely run by volunteers who spend countless mitted to fulfill Kofi Annan’s legacy as the first IN HONOR OF VICTOR J. FERLISE hours in support of young people and their de- Secretary-General who dedicated himself to velopment. Furthermore, organizations such moving the United Nations past its sad and HON. FRANK PALLONE, JR. as Friends of Minority Figure Skating in Cleve- crippling legacy of anti-Semitism. OF NEW JERSEY land, OH, and the Kids on Ice Program of Fort The second statement, made on January IN THE HOUSE OF REPRESENTATIVES Dupont Ice Arena in Washington, DC, create 26, welcomes the adoption of a U.N. resolu- Wednesday, January 31, 2007 opportunities for young people who would not tion refuting the putrid attempt by the Iranian Mr. PALLONE. Madam Speaker, I rise today otherwise have an opportunity to participate in President, Mahmoud Ahmadinejad, to sow dis- the sport. in recognition and appreciation of Victor J. cord and hatred in the international community Ferlise, the deputy to the commanding general At the conclusion of this National Skating by attempting to deny the historical reality of Month, I commend parents, coaches, skating at the Fort Monmouth Army Garrison in New Hitler’s systematic slaughter of millions of Jersey. It is with great pride and admiration clubs, service organizations, and skaters, both Jews. Secretary Ban’s statement dem- that I honor him today for his long standing youth and adult. Their hard work and sports- onstrates strong leadership in facing down the commitment to Fort Monmouth and the State manship is well worth recognition. Iranian dictator by declaring the denial of his- of New Jersey for the past 36 years. f torical events to be ‘‘unacceptable.’’ Throughout my 18 years in Congress, I IN RECOGNITION OF THE LUNG The new Secretary-General deserves our have worked closely with Vic on issues per- CANCER CIRCLE OF HOPE strong support as he moves forward in his ef- taining to the Fort Monmouth community. He fort to confront the anti-Semitic climate that has always been a good friend and has HON. STEVEN R. ROTHMAN pollutes the United Nations. worked tirelessly to provide life-saving equip- SECRETARY-GENERAL, IN MESSAGE FOR HOLO- ment and technology for American soldiers. OF NEW JERSEY CAUST VICTIMS MEMORIAL DAY, STRESSES Vic began his career in government service IN THE HOUSE OF REPRESENTATIVES IMPORTANCE OF REASSERTING COMMITMENT at Fort Monmouth in 1971. He served as the Wednesday, January 31, 2007 TO HUMAN RIGHTS chief counsel of the Legal Office at Fort Mon- NEW YORK, Jan. 19.—Following is the text mouth before earning the title of deputy to the Mr. ROTHMAN. Madam Speaker, I rise to commanding general. Currently, Vic continues commend the Lung Cancer Circle of Hope’s of United Nations Secretary-General Ban Ki- Moon’s message for the second observance of to serve as deputy, overseeing five major President Susan Levin on her efforts to raise the International Day in Memory of the Vic- business units of the Communications-Elec- awareness about the dangers of radon. tims of the Holocaust, to be observed on 27 tronics Life Cycle Management Command at Radon, a radioactive gas that accumulates in- January: Fort Monmouth. side buildings, is the second leading cause of The Holocaust was a unique and undeni- He is responsible for the Command Legal lung cancer in the United States behind ciga- able tragedy. Decades later, the systematic Office and the Homeland Security Special rette smoke. Yet, many Americans have never murder of millions of Jews and others re- Projects Office, and is a member of the New even considered testing their homes for dan- tains its power to shock. The ability of the Jersey Research and Development Council. gerous amounts of radon. Nazis to command a following, despite their He is also a member of the Board of Trustees This January, which the U.S. Environmental utter depravity, still strikes fear. And above all, the pain remains: for ageing survivors, of Monmouth Medical Center and the First At- Protection Agency, EPA, has declared Na- and for all of us as a human family that wit- lantic Federal Credit Union. tional Radon Action Month, the Lung Cancer nessed a descent into barbarism. Furthermore, Vic has been recognized nu- Circle of Hope rightly urged families across The work of remembrance pays tribute to merous times for his outstanding contributions New Jersey to test their homes for radon. This those who perished. But it also plays a vital to State and Federal Government. His awards poisonous gas can enter homes through a va- role in our efforts to stem the tide of human include several civilian awards and decora- riety of ways and then collect indoors. The re- cruelty. It keeps us vigilant for new out- tions, including the Distinguished and Meri- sult can be a health threat that you cannot breaks of anti-Semitism and other forms of torious Presidential Rank Awards and the see, smell, or taste. intolerance. And it is an essential response Army Exceptional Civilian Service Award. In Every year, over 160,000 Americans die to those misguided individuals who claim 2006, he was also the recipient of the highest that the Holocaust never happened, or has civilian honor at the Department of Defense, from lung cancer and the EPA estimates that been exaggerated. radon is responsible for more than 20,000 of the Distinguished Civilian Service Award. The International Day in Memory of the those devastating losses. Many of those Victims of the Holocaust is thus a day on These accolades only serve as further evi- radon-induced cancers could have been pre- which we must reassert our commitment to dence of his unwavering dedication to public vented had more homes and offices been test- human rights. That cause was brutally dese- service. ed for radon. Once again, I applaud Susan crated at Auschwitz, and by genocides and Madam Speaker, I sincerely hope that my and her organization for their aggressive pub- atrocities since. colleagues will join me in recognizing Victor J. lic education campaign to spread the word We must also go beyond remembrance, and Ferlise for his contributions to our country, the about radon to New Jersey families. make sure that new generations know this State of New Jersey and the Fort Monmouth history. We must apply the lessons of the f community. I wish him luck in his future en- Holocaust to today’s world. And we must do deavors and congratulate him on 36 years of THE SECRETARY-GENERAL’S MES- our utmost so that all peoples must enjoy outstanding service. the protections and rights for which the SAGE FOR HOLOCAUST VICTIMS f MEMORIAL DAY United Nations stands. On this International Day, I reiterate my HONORING THE 30 YEAR SERVICE strong commitment to that mission, and call OF BRENDA WRIGHT TO THE HON. TOM LANTOS on all to join in our common quest for HOUSE ARMED SERVICES COM- OF CALIFORNIA human dignity. MITTEE IN THE HOUSE OF REPRESENTATIVES Wednesday, January 31, 2007 STATEMENT ATTRIBUTABLE TO THE SPOKES- HON. IKE SKELTON PERSON OF THE SECRETARY-GENERAL, GEN- OF MISSOURI Mr. LANTOS. Madam Speaker, I want to ERAL ASSEMBLY RESOLUTION ON HOLOCAUST take this opportunity to call to the attention of DENIAL IN THE HOUSE OF REPRESENTATIVES my colleagues two very important statements NEW YORK, Jan. 26.—The Secretary-Gen- Wednesday, January 31, 2007 affirming the historical significance of the Holo- eral welcomes the adoption by the General Mr. SKELTON. Madam Speaker, I rise caust by our new Secretary-General, Ban Ki- Assembly today of a resolution unequivo- today to honor Ms. Brenda Wright, a long-time Moon, at the U.N. in New York. cally condemning any denial of the Holo- House Armed Services Committee Employee, The Secretary-General’s first statement on caust. on her retirement after 30 years of exemplary January 17 stresses the uniqueness and This reflects the prevailing view of the and professional service. undeniability of the Holocaust as a tragic his- international community. The Secretary- Throughout her tenure on the committee, General reiterates his conviction that the torical event, and reaffirms the United Nations’ denial of historical facts such as the Holo- Ms. Wright has been a selfless and dedicated commitment to observe the International Day caust is unacceptable. He expresses his employee and public servant. After serving for in Memory of the Victims of the Holocaust an- strong desire to see this fundamental prin- six years at the Interstate Commerce Commis- nually on January 27. Secretary-General Ban’s ciple respected both in rhetoric and in prac- sion, Brenda joined the House Armed Serv- strong statement demonstrates that he is com- tice. ices Committee on February 14, 1977. Initially,

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E234 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2007 she provided administrative support for the In 2005 he was deployed to Louisiana for women’’ in Asia who suffered unimaginable Sea Power subcommittee chaired by Charles nearly two months as part of the Hurricane dehumanization by the Japanese Imperial E. Bennett and was promoted to her current Katrina response. Brandon trained at Fort Dix, Army during Japan’s colonial and wartime oc- position as Professional Staff Member on the New Jersey beginning in July 2006 and was cupation of Asia and the Pacific Islands from full committee in 1988. deployed to Baghdad on October 1, 2006. He the 1930s through the duration of World War During the past 30 years, Ms. Wright has earned his promotion to Specialist in Decem- II. served seven committee chairmen, including ber of 2006. Brandon was looking forward to These women, whose experiences were un- myself, and has witnessed many pivotal mo- a scheduled two-week leave with his wife, precedented in cruelty and were officially com- ments in U.S. Congressional and military his- family and friends. missioned by the Government of Japan, en- tory. The House Armed Services Committee Brandon is survived by his wife; his mother dured gang rape, forced abortions, humiliation, has been fortunate to benefit from the con- and step-father, Tracy and Jeff Anderson; his and sexual violence resulting in mutilation, tributions of those who, like Brenda, not only father and step-mother, Bill and Tammy Stout; death, or eventual suicide—and to this date, have a great deal of experience, but who also and his brother, Adam. His extended family in- they have still not received justice from this appreciate and understand the history and the cludes Andrew, Elizabeth, Stephanie and tragedy. workings of this committee. Brenda joined the Christine Anderson; Stephanie Stout and Their hope is a modest one: That the gov- Congressional community at a time when our Callie McGee; Gary and Laurie Hinken; Dusty ernment of Japan acknowledges, apologizes military faced the challenges of the aftermath and Lisa VanderMeer; and Marianne and and accepts full historical responsibility for this of the Vietnam War, and since then, her ef- Lindsey Hinken. crime. forts on behalf of our men and women in uni- Specialist Stout’s family and friends con- Today, I am introducing a resolution which form have been consistent and unwavering. sider him a role model and a hero. He was calls on Japan to formally and unambiguously Recently, she recalled that one of the high- dedicated to serving his country, was stead- apologize and acknowledge the tragedy which lights of her tenure was the opportunity to per- fast in his faith and deeply loved his wife and the comfort women endured under its Imperial sonally witness the commissioning of the USS family. I extend my prayers and condolences Army during World War II. Not only should Ja- Cincinnati Los Angeles-class submarine and to his family and friends and hope that they pan’s Prime Minister issue a public apology, to stand among the service members who find peace and comfort during this difficult Japan must take responsibility unequivocally. serve our nation so capably. time. Some question whether this resolution is Madam Speaker, public perception of Con- f necessary and warn that it could affect our na- gress frequently seems to be based on the tion’s strong friendship and alliance with personalities and characters of a few powerful TRIBUTE TO SERGEANT Japan. Some even argue that Japan has al- figures. However, as one who shares Brenda’s JONATHAN KINGMAN ready apologized, and this resolution fails to long tenure on the Hill, I know that Congress recognize that. It is true that Japan’s previous relies on the dedicated staff who steadfastly HON. JIM JORDAN Prime Ministers have issued statements re- complete their work in the shadow of the OF OHIO lated to comfort women. However, it is clear dome and in the shadow of the limelight. IN THE HOUSE OF REPRESENTATIVES that these statements are not viewed by the Brenda Wright has gained a well-earned rep- government of Japan with unequivocal re- Wednesday, January 31, 2007 utation as a dependable, loyal, and capable spect, and the comfort women themselves do staff member whose absence will be felt by all Mr. JORDAN of Ohio. Madam Speaker, I not consider them formal apologies. Japan who have had the privilege of working with rise today to honor the life of a brave young has equivocated in its stance on this issue, her. soldier, and one of America’s fallen heroes, which is made clear in their recent attempts to On behalf of all of the members of the Sergeant Jonathan Kingman of Ohio. alter previous public statements and their House Armed Services Committee and her Sergeant Kingman was a native of Mans- school textbooks. colleagues on the HASC staff, I congratulate field, Ohio, and graduated from Mapleton High For example, in 1993, Japan’s then Chief Brenda on her upcoming retirement and thank School, where he sang in the school choir, Cabinet Secretary Yohei Kono issued an en- her for her exemplary public service. With played basketball, and was a member of the couraging statement regarding Japan’s com- deep appreciation, we extend sincere best track team. fort women, which expressed the Govern- wishes to Brenda, her sons Robert and Lavan Jonathan Kingman died on January 20, ment’s sincere apologies and remorse for their and their families for continued health and 2007, in Iraq, while serving his second tour of ordeal. Today, some members of Japan’s Lib- happiness. duty in support of Operation Iraqi Freedom. eral Democratic Party strive to review and f Age 21, he is survived by loving family, includ- even possibly rescind Secretary Kono’s state- ing his wife, children and parents. ment. HONORING ARMY SPECIALIST In reading of Jonathan’s life and speaking Further, the Japanese government con- BRANDON L. STOUT with his family members, Madam Speaker, I tinues to seek to downplay the comfort women was touched by the dramatic impact this system in its textbooks. We must ask our- HON. PETER HOEKSTRA young man had on the lives of so many. selves, if Japan has truly come to terms with OF MICHIGAN Like others before him, from farms, fields, its past in acknowledging what its Imperial IN THE HOUSE OF REPRESENTATIVES and small towns across our land, Jonathan Army forced upon these women, why are they Kingman stood up and volunteered to serve suppressing the knowledge of this through Wednesday, January 31, 2007 his country. education? Education on this tragedy is impor- Mr. HOEKSTRA. Madam Speaker, I rise He fought to promote freedom. He gave his tant to ensure that future violence against today to honor Army Specialist Brandon L. life in defense of his family, his community, his women, especially in conflicts, should not be Stout, who died on January 22, 2007 in Bagh- state, and his nation. tolerated or repeated. Textbook suppression, dad, Iraq in support of Operation Iraqi Free- For this, each and every American owes coupled with efforts to revise Secretary Kono’s dom. him and his family a great debt of gratitude. 1993 statement, is disheartening and indicates Specialist Stout, who was 23 years old, died Jonathan will be missed. But the strength of that Japan wavers in its apology to these when an improvised explosive device deto- his character, and the courage he dem- women. nated near his military vehicle. He was as- onstrated through his service, will live on. I want to make it clear that I recognize and signed to the 46th Military Police Company, f value the importance of our strong friendship 210th Military Police Battalion, Army National with Japan. I appreciate Japan’s efforts to pro- Guard, Kingsford, Michigan. INTRODUCTION OF THE COMFORT vide monetary compensation to surviving com- Brandon was raised in Kent City, Michigan. WOMEN RESOLUTION fort women through the Asia Women’s Fund, He met his future wife Audrey while attending a government-initiated and largely govern- Great Lakes Christian College from August, HON. MICHAEL M. HONDA ment-funded private foundation whose pur- 2002 to May, 2003. They married in May of OF CALIFORNIA pose was the carrying out of programs and 2005. IN THE HOUSE OF REPRESENTATIVES projects with the aim of atonement for the Brandon’s faith was an important part of his comfort women. The Asia Women’s Fund is to life, and he hoped to pursue a vocation in min- Wednesday, January 31, 2007 be disbanded on March 31, 2007, and while I istry. He felt called to serve his country and Mr. HONDA. Madam Speaker, I rise today agree that the Asia Women’s Fund was impor- joined the Army National Guard in June 2003. in strong support of the over 200,000 ‘‘comfort tant, the reality is that the majority of surviving

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This is about achieving As everyone who works on Capitol Hill mission that it accomplishes with distinction to justice for the few remaining women who sur- knows, an efficient scheduler is someone who this day. Beginning with the C–97G vived this atrocity. We must recognize this can make or break an office. And Ginny, in Stratofreighter, moving to the C–124C grave human rights violation, which has re- her own way, has made this office work. Globemaster II and finally to the C–130 Her- mained unknown for so many years. When a constituent would call the office to cules, the 118th Military Airlift Wing carried out Further, this resolution is intended to en- schedule a meeting or a tour, she always their critical mission from Panama to Iraq. courage and provide for reconciliation, as the made the extra effort to be sure that their visit They provided support for the Berlin Airlift and U.S. Congress did when it passed H.R. 442, to Washington, D.C. was special. She’s so Cuban Missile crises, national and state civil the Civil Liberties Act of 1988, which was a popular giving tours, that she’s now taking the disturbances, the Vietnam Conflict, Red Flag, formal apology made to U.S. citizens of Japa- grandchildren of some of the first people she Brave Shield, Volant Oak and Coronet Oak, nese ancestry who were unjustly put into in- gave tours to years ago through the Capitol. Desert Shield, and Desert Storm. In 1990, the ternment camps during World War II. As And, if you ever had a question about how Wing mobilized 462 personnel during 21 de- someone who was put into an internment to cut through the ‘‘bureaucratic red tape,’’ ployments in Operations Desert Storm and camp at a young age, I know firsthand that we Ginny could find the answer or a way to get Desert Shield, logging a record 7,239 flying must not be ignorant of the past, and that rec- something done. It is those qualities that have hours. onciliation through government actions is long made her invaluable to our office over the After September 11, 2001, over one third of lasting. years. the 118th air wing was activated for a year or I would be remiss if I failed to recognize the Beyond her official responsibilities, Ginny more helping patrol our skies in Operation efforts that my good friend and former col- has been the ‘‘den mother’’ for scores of staff- Noble Eagle before deploying in support of league Lane Evans made to push this issue ers over the years. If you were moving to Operation Enduring Freedom and Operation forward in Congress. I am proud to be car- Washington, D.C. for your first job and were Iraqi Freedom. In 2003, the 118th deployed rying the torch that Lane passed on, and com- looking for a place to live, you called Ginny. If ten C–130’s and over 320 personnel to the mend him for the hope he has instilled in the you were not feeling well or if you needed a Middle East in direct support of combat oper- comfort women and the communities that ride to the hospital, you would go see Ginny. ations in Iraq. The members of the 118th re- have worked so hard on their behalf by bring- This includes the little, but meaningful things, fused to let living in tents in the desert prevent ing this issue to Congress. too. For example, if someone was having a them from establishing a bare base in support Madam Speaker, to put it frankly, the few birthday in the office and you were looking for of the largest contingent of C–130’s ever surviving comfort women in the world who live a card to have everyone sign, you would go based in a combat environment, with over 46 with this burden are dying. We must help them ask Ginny. Those are just a few of the exam- C–130’s located at a single base. achieve some peace of mind by moving this ples of what she has done for the young peo- Madam Speaker, the world is safer because resolution forward. For the women who sur- ple who have worked in the office. of the men and women of the 118th. The na- vived this brutality, this resolution dem- Ginny Gano has been the heart of this office tion owes them our thanks on their 85th anni- onstrates that our nation supports them and and in my district for years, and she will be versary. These brave Americans are members hears their voices calling for justice. missed. So today, on behalf of my wife, Caro- of our community both in and out of uniform. f lyn, and my current and former staff, I want to Nashville is a better place for having the 118th thank her for her service, but most of all for Air Wing, and I am proud to represent them. RECOGNIZING GINNY GANO FOR her friendship over the years. f HER YEARS OF SERVICE TO Madam Speaker, please join me in honoring OHIO’S 7TH CONGRESSIONAL DIS- Ginny Gano on her retirement from federal A TRIBUTE TO JOHN T. TRICT service as the ‘‘first sergeant’’ of Ohio’s 7th CAULFIELD, ESQ. UPON HIS RE- Congressional District. TIREMENT HON. DAVID L. HOBSON f OF OHIO HON. BRIAN HIGGINS CELEBRATING THE 85TH ANNIVER- IN THE HOUSE OF REPRESENTATIVES OF NEW YORK SARY OF THE 105TH AIRLIFT IN THE HOUSE OF REPRESENTATIVES Wednesday, January 31, 2007 SQUADRON OF THE 118TH AIR- Mr. HOBSON. Madam Speaker, I rise today LIFT WING Wednesday, January 31, 2007 to recognize and honor a valued member of Mr. HIGGINS. Madam Speaker, I rise to my staff, who is retiring after 37 years of work- HON. JIM COOPER commend Mr. John Thomas Caulfield for over ing on behalf of the constituents of Ohio’s 7th OF TENNESSEE 25 years of outstanding service to the Con- Congressional District. Virginia Gano, known IN THE HOUSE OF REPRESENTATIVES gress and over 30 years of public service. by most everyone as ‘‘Ginny,’’ is retiring this Mr. Caulfield has been known as a ‘‘law- week from her post as the scheduler and ex- Wednesday, January 31, 2007 yer’s lawyer’’ on Capitol Hill and has provided ecutive assistant to me and the two previous Mr. COOPER. Madam Speaker, today I rise all manner of counseling to the Congress in- members who held this seat. in honor of the 85th anniversary of the 105th cluding as a legal strategist and accomplished A native of Springfield, Ginny started work- squadron of the 118th Airlift Wing in our Ten- expert on the legislative process as the Gen- ing for former Congressman Clarence ‘‘Bud’’ nessee Air National Guard. The roots of this eral Counsel to the Capitol Police Board, the Brown, Jr. after graduating from Dennison Uni- storied squadron reach as far back as World Chief of Police and the U.S. Capitol Police for versity and the Katharine Gibbs School. When War I, and their brave service continues today the past 20 years. Bud decided to run for governor in Ohio, in military operations around the world. His contributions on behalf of the men and former Senator Mike DeWine won the seat, The unit received federal recognition in women of the Capitol Police and the entire and Ginny stayed on to work for him. 1921 and was assigned to the U.S. Army’s Congress are truly immeasurable. His unique When I came here in 1991, Ginny said that 30th ‘‘Old Hickory’’ Division. The unit adopted insights on Congressional operations and the she would give me her resume, and I told her, the name dubbing themselves the ‘‘Old Hick- institutional functions render him one of the ‘‘Ginny, I know that when you win the 7th con- ory Squadron’’ and their insignia still bears the few who, by direct experience, understand the gressional district, you win Ginny, too. You image of Old Hickory himself, Andrew Jack- complex and sometimes arcane interplay be- come with the office. You don’t need a re- son, riding on horseback. tween and among the Houses of Congress sume.’’ That began not only a wonderful work- At the onset of World War II, the unit mobi- and congressional entities. ing relationship, but a warm friendship, too. lized for this global conflict. Members of the His dedication to the protection of the legal Ginny is one of the kindest and most out- 105th Squadron made history around the institutional interests of the federal legislative going people that you’ll ever come across. world on observation missions, antisubmarine branch has led to him being recognized na- She knows the people who keep the Capitol patrols, reconnaissance, and bombardment. tionally and even internationally as a First complex running—from the personnel who run The men of the 105th flew over 100 missions Amendment expert. He has been called upon

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E236 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2007 to provide legal advice to the Parliaments of a ‘‘private relief’’ bill for the widow and children growth and success including relocating its both Australia and Canada as well as the City of deceased Capitol Police Sergeant Chris- headquarters to a new, larger facility. Addition- of New York relative to the development and topher Eney and his oversight responsibilities ally, John currently serves as the Chairman of implementation of free expression demonstra- for the U.S. Capitol Police Memorial Fund the Member Information Security Committee tion, regulatory system balancing, and funda- originally established to assist the widow and leading the credit union’s effort to ensure the mental First Amendment rights of free speech, children of deceased Capitol Police Private protection of member personal information se- with appropriate governmental limitations. His First Class Jacob Joseph Chestnut and Detec- curity and related privacy Issues. profound grasp of these sometimes nuanced tive John Michael Gibson, the only Capitol Po- Madam Speaker, the retirement of John and competing constitutional and legal inter- lice officers ever killed in the line of duty have Thomas Caulfield from service to the Con- ests is demonstrated almost daily as he pro- always been treasured accomplishments for gress will bring a sense of loss not only for his vides advice and counsel to the Capitol Police him. substantive legal scholarship and acumen in Board and the Capitol Police. Another example of John’s unique and his- such diverse areas of expertise as constitu- A native of Buffalo, New York, John has al- torical contribution to the professional develop- tional law, employment and labor law, appro- ways maintained his ‘‘down-to-earth’’ roots as ment, respect and prestige attributable to the priations law, criminal law and procedure, as a person of integrity, humility, trustworthiness Capitol Police is his tireless legal analysis, well as in all aspects of legislative process and truthfulness with a ‘‘what you see is what statutory drafting and advocacy spanning sev- and advocacy, but also I trust these revered you get’’ approach to all endeavors. However, eral years and culminating in the passage of halls of Congress will miss John’s engaging it is his keen legal intellect and overwhelming the Capitol Police Retirement Act of 1990. personality, his spontaneous and humorous ethic for hard work combined with a This long sought law enforcement retirement wit and ready smile. Runyonesque, street-wise toughness that al- initiative for the Capitol Police was viewed by Madam Speaker, it has often been said that lowed him to remain calm during the many many as one of the most significant formal, ‘‘everyone is replaceable.’’ Well maybe at long emergencies and critical situations that he was and historical statutory measures enacted by last we have found in John Thomas Caulfield asked to handle on behalf of the Congress. the Congress that recognized and treated the exception to that maxim. An accomplished student-athlete in high Capitol Police similar to the FBI and the Se- Please join me in extending a heartfelt ex- school and college, he has been recognized cret Service as well all other executive branch pression of appreciation for John’s many years for academic and athletic honors including federal law enforcement officers. of dedicated and conscientious public service being inducted into the Canisius High School However, one of the most difficult chal- on behalf of the Congress and the Capitol Po- Hall of Fame as well as academic and athletic lenges that John successfully faced relates to lice and hearty congratulations on retirement honors at John Carroll University. When his collateral appointment as the Chief Legal to John, his wife Susan, his children, Jace and asked, John has credited his Jesuit education Advisor of the United State Capitol Incident Molly, and his entire family. and athletic participation as the cornerstone of Management Team, the congressionally ap- f pointed anthrax terrorists acts response entity his intellectual curiosity, thirst for knowledge REGARDING THE DESIGNATION OF charged by Congress with the responsibility to and his drive to compete. This combination of THE FEDERAL BUILDING LO- address the anthrax terrorist acts of October attributes has allowed him, as an advocate, to CATED AT 167 NORTH MAIN 2001 widely reported as the deadliest attacks temper the spirit of litigation ‘‘combat’’ with an STREET IN MEMPHIS, TEN- in the history of the United States. Neither the eye toward resolution when it would be in the NESSEE AS THE ‘‘CLIFFORD overwhelming long hours, the unique and var- best interest of his client. It has been said by DAVIS/ODELL HORTON FEDERAL ied legal complexities, nor the personal and at least one opposing counsel that ‘‘even BUILDING’’ though we were on opposite sides, I knew he professional responsibilities placed on John was always a straight shooter and I could take relative to the decision-making process as to him at his word.’’ the appropriate remediation of the buildings HON. STEVE COHEN Another Capitol Hill attorney said, ‘‘If he had and the protection of individuals, nor the re- OF TENNESSEE to knock heads with me, he would tell me up- quirements of his regular duties as General IN THE HOUSE OF REPRESENTATIVES front and then he’d help me up afterward.’’ Counsel could diminish his commitment to the Wednesday, January 31, 2007 While the breadth of his legal skills are well- continuity of the Congress and his service to Mr. COHEN. Madam Speaker, Odell Horton known in Washington, DC, his unique exper- the Capitol Police Board, the Capitol Police was appointed to the United States District tise in constitutional law, litigation, including and the Congress. Court for the Western District of Tennessee by legal negotiations and settlements, legislative Moreover, in virtually all serious and difficult President Jimmy Carter on May 12, 1980, the drafting and advocacy is unquestionably supe- challenges confronted by the Capitol Police first black federal judge appointed since Re- rior. Yet John, out of a deep sense of humility Board and the Capitol Police during his ten- construction. Judge Horton served as chief and commitment to public service, shrugs off ure, Caulfield has been heavily relied upon for judge of the district from January 1, 1987 until any praise and dismisses his accomplish- his unique problem-solving skills. Indeed, after December 31, 1993. ments, saying ‘‘that is what I expect of myself receiving notice of a matter that was seem- Born in Boliver, Tennessee on May 13, as a public servant.’’ John also is often cred- ingly beyond repair John was consistently 1929, Odell Horton was the oldest of four boys ited with an uncanny knack for instantaneous called upon to find a solution. Under these and a girl. Horton’s father was a laborer and legal analysis and an ability to synthesize type of pressure circumstances and with a sin- his mother took in laundry. Horton’s first job at complex legal issues into simple and under- gular focus, even when faced with the inevi- the age of six was delivering laundry for his standable terms. table ‘‘finger pointing’’ of those involved, mother. He and all his siblings picked cotton, To a large degree, John has credited the Caulfield, is almost legendary for his some- stacked lumber and took other odd jobs to development of his expertise in the legislative times impatient retort ‘‘I’m not interested in help support the family. process to his work as a subcommittee coun- fault, you came to me to find a fix.’’ In the de- After graduating high school in 1946, Odell sel for Chairman and former Congressman velopment of resolutions in crisis management Horton enlisted in the Marine Corps. He took Henry J. Nowak of Buffalo. While he has dedi- John exhibits an uncanny ability to quickly as- an early discharge ten months later and en- cated much of his own time to mentoring and sess a given situation and synthesize a pro- tered Morehouse College in Atlanta, using the helping other young lawyers with the career posed solution providing a legal and litigation, GI bill to finance the tuition. By the time Hor- development, one of his favorite mentoring as well as political and public relations risks in ton graduated in 1951, the Korean War was tips, he learned from his experience under Mr. a concise and understandable manner. As underway and he returned for a second tour of Nowak individuals especially those who work former Doorkeeper of the House of Represent- duty. for the Congress should become so familiar atives, Jim Molloy once confided to a mutual Upon completion of his second tour of duty, with an issue that they become ‘‘masters of friend, ‘‘John has one of the sharpest and best which included graduating from the U. S. Navy the 30 second briefing.’’ analytical minds I have ever seen.’’ School of Journalism, Horton entered Howard However, by all accounts, John remains John has also demonstrated his dedication University in Washington, D.C., where he re- most proud of his accomplishments as an ad- to service to the Congressional community by ceived his law degree in 1956. Horton moved vocate for the men and women of the Capitol serving as a volunteer member of the Board of to Memphis, rented a one-room office upstairs Police. Even though it is rare, indeed, that a Directors of the Wright Patman Congressional at 145 Beale Street, and opened his law prac- public servant can be provided with an oppor- Federal Credit Union for approximately 20 tice. tunity to directly impact and improve the lives years. During his service on the Board of Di- Horton was in private practice from 1957 to of individuals, John’s successful advocacy for rectors, the credit union has achieved much 1962 and then was an Assistant United States

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E237 Attorney in Memphis for the next five years. cause of liberty for the Cuban people. Mr. States. This observance will take place the Governor Bufford Ellington appointed Horton Ubals Gonza´lez admirably chose to dedicate week of April 22 through April 28. to the Shelby County Criminal Court, a posi- his life to the battle for freedom for the Cuban In 1980, President Reagan first called for a tion to which he was later elected without op- people. national observance to recognize and honor position. He joined his fellow Cuban pro-democracy the millions of crime victims and survivors in In 1968, at the peak of the civil rights move- activists, journalists, and human rights defend- America. National Crime Victims’ Rights Week ment, with the black sanitation workers in ers and committed himself to helping shed also pays tribute to the thousands of commu- Memphis on strike, Mayor Henry Loeb ap- light on the atrocities committed by the brutal nity-based and system-based victim services pointed Horton as director of the city’s hos- tyrant and to help put an end to the abhorrent providers and to the criminal justice and allied pitals, making him the only black division di- nightmare that is the Castro regime. On March professionals who provide critical support and rector in City Hall at the time. Horton dealt 20, 2003, as part of the totalitarian regime’s assistance to victims every day, of every with a bitter strike by hospital workers, who ruthless crackdown on pro-democracy activ- week, of every single year. National Crime were represented by the same union leader- ists, Mr. Ubals Gonza´lez was arrested and, Victims’ Rights Week has since been pro- ship as the sanitation workers. During the after a farce trial, ‘‘sentenced’’ to 20 years in claimed annually with ceremonies and observ- strike, Horton confronted officials at the Uni- the totalitarian gulag. ances in Washington, DC, and in thousands of versity of Tennessee’s medical school over After this sham trial, Mr. Ubals Gonza´lez communities throughout our Nation. the way their doctors treated patients at the was sentenced to 20 years in Castro’s mania- President Reagan’s strong emphasis on the hospitals. Judge Horton ordered the desegre- cal dungeon for nothing other than a peaceful rights and needs of crime victims led to the gation of William F. Bowld hospital and began exercise of his fundamental right to voice his passage of the Victims of Crime Act, which in moving some indigent patients to Bowld and opinion. Let me be very clear, Mr. Ubals 1984 created the Crime Victims Fund. Since Crump hospitals, which had been reserved for Gonza´lez in suffering in depraved conditions then, the Crime Victims Fund has dedicated paying patients from the UT doctors’ private that the U.S. State Department describes as, more than $8 billion collected from criminal practices. In 1969, he received the L.M. ‘‘Harsh and life threatening’’ in which ‘‘police fines—not taxpayers’ dollars—that annually Graves Memorial Health Award as the person and prison officials beat, neglect, isolate and supports more than 4,400 victim assistance who did the most to advance the cause of deny medical treatment to detainees and pris- programs serving some 3.8 million victims, health care in Memphis. oners.’’ and compensation to more than 165,000 vic- Judge Horton stepped down from the bench As always with prisoners of conscience in tims for their unreimbursed medical expenses, to serve as the President of LeMoyne-Owen Cuba, Mr. Ubals Gonza´lez does not suffer this lost wages and funeral costs. The adage, College, a historically African-American liberal torture alone. According to the International ‘‘crime doesn’t pay, victims do,’’ is challenged arts college, from 1970 to 1974. Committee for Democracy in Cuba, his wife, by the VOCA fund, which rightfully holds of- Judge Horton returned to federal service Mayelı´n Bolı´var Gonza´lez, must travel by train fenders accountable for their criminal actions, upon his appointment as reporter for the with her three children to visit her husband in with fines ensuring that crime victims receive Speedy Trial Act Implementation Committee prison. However, since the train does not stop the services and support they so greatly need by the Western District Court of Tennessee at the prison, Mrs. Ubals is forced to watch and deserve. And the Congressional Victims’ and later served as U. S. Bankruptcy Judge her two oldest children jump from a moving Rights Caucus has worked since its inception from 1976 to 1980. train before following suit, holding the young- to preserve the intent and integrity of the After having served as both jurist and chief est in her arms every single time she attempts Crime Victims Fund as created by President justice for the United States District Court for to visit her husband. Reagan nearly a quarter century ago. the Western District of Tennessee, Judge Hor- Mr. Ubals Gonza´lez is a brilliant example of The 2007 National Crime Victims’ Rights ton took senior judge status on May 16, 1995, the fighting spirit of the Cuban people: of their Week theme is ‘‘Victims’ Rights: Every Victim. and two years later, closed his Memphis of- rejection of the brutality, discrimination and de- Every Time.’’ Today more than ever, these fice. pravity of the totalitarian despot. He is lan- simple words resonate with greater importance Judge Odell Horton is remembered as a guishing in repulsive squalor because he does than ever before. In the decade between 1994 calm and patient judge, who carefully and de- not subscribe to the lies and propaganda and 2004, the National Crime Victimization liberately explained legal concepts to jurors. forced upon Cuba by the communist regime. Survey found that violent crime rates declined, Judge Horton and his wife, Evie L. (nee Madam Speaker, it is unconscionable that reaching the lowest level ever recorded in Randolph), were married for over fifty years human beings just 90 miles from our shore 2005. Unfortunately last year, the FBI’s Uni- and have two sons, Odell, Jr. and Christopher, are locked in a barbarously cruel gulag be- form Crime Reports reported that crime is, who graduated from his alma mater, More- cause they believe they have a right to free- once again, on the rise—violent crime rose 3.7 house College in Atlanta. dom and a democratic government. My Col- percent; murders increased 1.4 percent; rob- Odell Horton’s wife, Evie, spoke for so many leagues, we must demand freedom and beries were up nearly 10 percent; and arson in both his professional and personal life when human rights for all people, especially those increased by nearly 7 percent. This means she stated after his death, ‘‘He was a rare and who live under the darkness of totalitarian re- more victims than ever suffer the indignation precious jewel in the crown of humanity and gimes. We must demand the unconditional of crime, and have significant losses that af- made all our lives richer and better because freedom for Manuel Ubals Gonza´lez and every fect them physically, emotionally, financially he passed this way.’’ prisoner of conscience in totalitarian Cuba. and spiritually. Our caucus and our Congress f f must recommit our energies to ensure that ‘‘every victim of every crime’’ has access to FREEDOM FOR MANUEL UBALS INTRODUCTION OF 2007 NATIONAL ´ support and services. GONZALEZ CRIME VICTIMS’ RIGHTS WEEK I know that my colleagues in Congress have RESOLUTION heard a great deal about violence and victim- HON. LINCOLN DIAZ-BALART ization, and have heard from those who are OF FLORIDA HON. JIM COSTA directly affected: IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA The teenage girl who leaves home for the first time to go to college, only to be drugged Wednesday, January 31, 2007 IN THE HOUSE OF REPRESENTATIVES and raped at a campus party; or the young Wednesday, January 31, 2007 Mr. LINCOLN DIAZ-BALART of Florida. mother who is beaten by her husband on a Madam Speaker, I rise today to speak about Mr. COSTA. Madam Speaker, as co-chair of regular basis, but fears leaving him because Manuel Ubals Gonza´lez, a political prisoner in the Congressional Victims’ Rights Caucus, I he’s threatened to kill her kids, and she has totalitarian Cuba. rise today to introduce the 2007 National no money, nor no place to go. Mr. Ubals Gonza´lez, President of the Polit- Crime Victims’ Rights Week Resolution on be- ‘‘Every victim. Every time.’’ ical Prisoners and Ex-Prisoners Club in Guan- half of myself and my caucus co-chair, Con- Or the elderly man—no different from our tanamo, Cuba, is a peaceful pro-democracy gressman TED POE of Texas. This resolution parents—who is abused in a nursing home; or activist who has worked for basic human expresses Congress’s support of the goals the parents whose only son is killed in a vio- rights for the people of Cuba. The persistent and ideals of National Crime Victims’ Rights lent drunk driving crash. repression of human rights on that oppressed Week and the efforts to increase public aware- ‘‘Every victim. Every time.’’ island forced Mr. Ubals Gonza´les to choose ness of the rights, needs, and concerns of Or the horrific day that nobody will ever for- between a life without rights or fighting for the crime victims and survivors in the United get—September 11, 2001—when nearly 3,000

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E238 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2007 people were killed in the terrorist attacks that achieves a comprehensive approach to where these fuels are reasonably available. In against our Nation in New York, Pennsylvania, the future of renewable energy. As we move attempting to reduce our dependence on for- and right here in the shadow of our own Cap- forward with national energy policy, I strongly eign oil, it should start right here in our Na- itol. believe we need to start taking steps in a di- tion’s capitol. ‘‘Every victim. Every time.’’ rection that will provide consumers with other I believe the most innovative legislation that America is a nation known for its commit- options other than just oil based fuels. With I am introducing is a new tax credit that will ment to justice. Yet when we consider ‘‘crimi- crude oil hovering around $60 a barrel and provide for consumers who purchase a new nal justice,’’ that’s pretty much what it is about: natural gas around $8.00 per btu, renewable concept vehicle which combines hybrid and justice for the criminal and, still too often, little energy like wind, solar, biomass, ethanol and flexible fuel technologies that will be available consideration is given to justice for victims. biodiesel have started to become economically to consumers in the near future. It is this mar- National Crime Victims’ Rights Week gives us competitive sources of energy for our nation’s riage of these technologies that will create a the chance to talk about ‘‘victim justice’’—jus- consumers and businesses. By advancing the vehicle that will be better steward to our envi- tice for innocent folks whose lives are irrev- use and knowledge of renewable energy, we ronment and will further reduce our depend- ocably altered by crime. It gives Congress the can lower demand for imported oil and lead ence on foreign sources of oil. In providing opportunity to say, ‘‘yes,’’ every victim of every our nation towards energy independence. this tax credit, we promote a greater sense of crime should receive information about their One of the components I introduced today innovation for the future of automobiles. case; to say, ‘‘of course’’ every victim of every will push forward an aggressive schedule for In addition to renewable fuels, I believe we crime should be offered protective measures renewable fuels by mandating the renewable also need to make a serious investment in re- to make them feel safe; to say, ‘‘absolutely,’’ content of gasoline to be 25 billion gallons by newable sources of energy like wind, solar every victim of every crime that results in a 2025. Under the energy bill, we are mandating and biomass. It is for this reason I have intro- conviction should receive restitution directly that the renewable content of gasoline be at 4 duced three different bills that will make cur- from the offenders who harmed them. America’s victims’ rights movement is lead- billion gallons by 2006 which is 2% of total rent tax incentives permanent. The residential ing our entire Nation in this direction. Today, gasoline. Once implemented, the ‘‘25 by 25’’ energy efficient tax credit, wind energy pro- victims of crime and those who serve them initiative would raise that percentage up to duction tax credit and the renewable energy have not only a voice, but a vision for what 12.5%. production tax credit all have been effective in justice should look like in America. Today, For farmers, the 25 billion gallon require- promoting the investment and production of there are over 32,000 laws that define and ment means better commodity prices for corn renewable energy. With energy sources like protect victims’ rights. We have over 10,000 and soy and more importantly it means jobs. wind, solar and biomass, the up front costs for organizations in our communities and in our According to the Renewable Fuels Associa- investment by producers and consumers are systems of justice that help victims cope in the tion, a new ethanol plant will: expand the eco- high. By giving individuals and businesses aftermath of crime, and help victims recover. nomic base of the local economy by $110.2 small incentives, like the $2,000 solar credit, Criminal justice is no longer all about the of- million, generate an additional $19.6 million of we can make it easier for these technologies fender; it is rightfully becoming very much household income, support the creation of as to be taken advantage of. about the victims. many as 694 permanent new jobs throughout In closing, Madam Speaker, I believe we I am proud to be one of the cofounders, the entire economy of the United States and need to take many different approaches in along with Representative POE, of the Con- generate at least $1.2 million in new tax rev- making America energy independent. With the gressional Victims’ Rights Caucus. The goals enue for the state and local governments. Energy Policy Act of 2005, we took steps for- of the Victims’ Rights Caucus are to (1) rep- One problem we face in the advancement of ward in reducing our dependence on foreign resent crime victims in the United States renewable fuels is the sub par infrastructure oil by creating policy that increased the use of through the bipartisan legislation that reflects we currently have in place. With ethanol and renewable energy in tandem with increasing their interests, rights and needs; (2) provide biodiesel plants mostly focused within the mid- our domestic production of energy sources. an ongoing forum for proactive interactions be- west and with only around 1,000 fuel stations Due to the energy bill, we have seen over tween the U.S. Congress and national victim that carry E–85 transportation fuels, it is es- $100 million invested in wind energy and four assistance organizations to enhance mutual sential that we provide tax incentives for the to five new ethanol and biodiesel plants in my education, legislative advocacy and initiatives construction and development of ethanol and district. In total, we saw investment in renew- that promote justice for all—including victims biodiesel plants. Another bill that I will be intro- able energy double in the United States to $68 of crime; and (3) seek opportunities for public ducing, the Renewable Fuels Infrastructure billion dollars. education initiatives to help people in America Improvement Act of 2007, builds upon the re- We need this investment in renewable en- to understand the impact of crime on victims, lationship between renewable fuels and indus- ergy to continue. These bills are good for and to encourage their involvement in crime try that started in the last energy bill. The leg- farmers, the automobile industry, businesses, prevention, victim assistance, and community islation achieves this by providing multiple tax consumers, the environment and most impor- safety. We have an Advisory Group of victims, incentives for the construction and develop- tantly, the goal of reducing our dependence on survivors, victim advocates and justice profes- ment of an infrastructure that will be more able foreign oil. I believe the legislation that I have sionals who serve as our ‘‘eyes and ears’’ to to expand past the Midwest. introduced today, achieves the goals in renew- victims and survivors of crime, and they are The legislation will provide an aggressive 7- able energy we need to achieve. I ask my col- not shy about letting us know what victims year depreciation schedule for all ethanol and leagues to join me in moving forward with this need. biodiesel refining equipment. Also included innovative approach. And we have learned that one thing victims within this section is a provision that will ex- f need, the one thing that victims deserve, is pand and extend the installation of alternative recognition of their suffering, and recognition fuel refueling property that we in Congress TRIBUTE TO EAGLE SCOUTS of their need for justice, and their need for passed earlier this year. The provision will supportive services. ‘‘Victims’ Rights: Every allow taxpayers to claim a more effective per- HON. DOUG LAMBORN Victim. Every Time.’’ centage tax credit for the cost of installing OF COLORADO This is what 2007 National Crime Victims’ clean-fuel vehicle refueling property to be IN THE HOUSE OF REPRESENTATIVES Rights Week is all about. And this is what used in a trade or business of the taxpayer or Congress can commit to by passing the Na- installed at the principal residence of the tax- Wednesday, January 31, 2007 tional Crime Victims’ Rights Week resolution. payer. This ramped up percentage schedule Mr. LAMBORN. Madam Speaker, the fol- f would help accelerate the construction of the lowing is a list of young men who embody INTRODUCTION OF RENEWABLE E–85 infrastructure. service and responsibility and have received ENERGY LEGISLATION Another piece of legislation I introduced the status of Eagle Scout. Today I want to ap- today ensures that government agencies will plaud their achievement. expand their use of renewable fuels. Under As a proud parent of four Eagle Scouts my- HON. JERRY WELLER this bill, departments and agencies will have to self, I can attest to the hard work and dedica- OF ILLINOIS purchase ethanol and biodiesel where it is tion these men have put forth to become an IN THE HOUSE OF REPRESENTATIVES competitively priced to gasoline and diesel. In Eagle Scout. Wednesday, January 31, 2007 the mentality of ‘‘practice what you preach’’ it Only 5 percent of all Boy Scouts attain the Mr. WELLER of Illinois. Madam Speaker, I is time for our own Federal government to in- highest advancement rank of Eagle Scout. To rise today to introduce a package of legislation crease their use of ethanol and biodiesel do so, a Boy Scout must excel in areas of

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E239 leadership, service and outdoor skills, Eagle TRIBUTE TO S. JERRARD SMITH in Carleton, Michigan. Nearly thirty years later, Scouts must earn 21 merit badges, 12 specific in 1995, Guardian moved their corporate merit badges are required, including, First Aid, HON. DOUG LAMBORN headquarters to a new facility in Auburn Hills, Citizenship in the Community, Citizenship in OF COLORADO which I now represent. Guardian Industries long-time contribution to the Nation, Citizenship in the World, Commu- IN THE HOUSE OF REPRESENTATIVES nications, Environmental Science, Personal Michigan’s economy is substantial. Through Fitness, Personal Management, Camping, and Wednesday, January 31, 2007 three divisions—glass, automotive, and build- Family Life. Mr. LAMBORN. Madam Speaker, I rise ing products—Guardian Industries employs Service and responsibility are the foundation today to pay tribute to Mr. S. Jerrard Smith, a nearly 19,000 workers, including more than of the Boy Scouts of America, and these fine philanthropist and leader for Colorado Springs. 1,000 in southeast Michigan. Guardian’s com- young men have mastered an array of skills. He was a respected businessman, who mitment to making southeast Michigan a focus Today I want to honor their commitment to served as president of Western Forge from point for innovation can be seen through the these principles. 1998–2001 and also the managing director of company’s Science & Technology Center. Guardian has also been an active supporter of It is my privilege today to congratulate the the Colorado Baking Company. Yet what he valued more than any of these accomplish- the community, such as offering scholarships following Eagle Scouts on their fine accom- for local students pursuing advance education plishment: ments was a drive for making the community of Colorado Springs a better place for all resi- and providing financial support to the Detroit Morgan Campbell, Anthony Stokes, Michael dents. Symphony Orchestra. Maloof, Colin Bornmann, Daryl Lambert, Tyler Mr. Smith epitomized philanthropy and giv- Madam Speaker, Guardian Industries has Campbell, David Benhammou, Joshua Bonlek, ing. Under his leadership, fundraising grew been a leader in the United States and global Jacob Gelsinger, James Allen, Andrew over 18 percent during his 5 years as United glass, automotive, and building products in- Perroni, Eric Gillaspie, Stephen Byvoet, Erik Way president, to more than $5.5 million that dustries. I congratulate them on their 75th an- Schlabs, Aaron Straight. goes a long way toward community projects niversary as they continue to implement its Timothy Martin, Erik Umland, Charles and revitalization. He has left a legacy for philosophy of entrepreneurship and progres- Overbay, Nathaniel Jeffrey, Christopher Wu, Pikes Peak United Way that no other has nor sive management. Jeffrey Marlor, Michael McCreight, Benjamin ever will. f Kush, Adam Colvin, Anil Damle, Michael Jo- Jerry was a man with great vision and a HONORING DR. MARSHA COLEMAN- seph, Alexander Norr, Jonathan Miller, Steven passion for giving. He lived all of the core prin- Falk, Peter Zupan, Aaron Schlagheck, Jacob ADEBAYO FOR HER LIFELONG ciples that United Way champions—Respect, COMMITMENT TO CIVIL RIGHTS Whatcott, Mathew Jennings, Christopher Caring, Fairness, Integrity, Competence, Cele- Howe, Brandon Turner. bration and Passion. Friends described him as HON. CHRIS VAN HOLLEN Austin Nestlerode, Aric Higgins, Aaron a renaissance man, who enjoyed symphony, OF MARYLAND Burkhart, Gregory Wingerter, Stephen opera, gardening, and gourmet cooking, a IN THE HOUSE OF REPRESENTATIVES Fitzwater, Christopher Malley, Andrew man equally at ease talking about football and Petering, Andrew Renehan, Michael Tope, azaleas. Wednesday, January 31, 2007 Gregory Williams, Joshua Antuna, Jeff Tindell, There was a special place in his heart for Mr. VAN HOLLEN. Madam Speaker, I rise Gabriel Bennett, Joseph Becar, Stephen this community and the United Way. He had today, as we begin observance of Black His- Marzulla, Alexander McElhaney, Kyle Moody, served the agency first as chair in the 1980s, tory Month, to pay tribute to one of my con- Nathan Bennion, Peter Zupan, Jeffery and was its chair again in 2002, when the po- stituents, Dr. Marsha Coleman-Adebayo, a Seymore. sition of CEO opened and he sought it. leader in the struggle for civil rights and work- Andrew Kugler, Charles Balch, Joshua Jerry passed away while doing something er protection. Godshall, Timothy Jutras, Devin Sperle, Chris- he loved—running in North Cheyenne Canyon. Dr. Marsha Coleman-Adebayo won an his- topher Weiler, John Vogt, Cameron Ackley, Jerry touched the lives of everyone he met, toric lawsuit in 2000 against the Environmental Austin Williams, Stephen Cooley, Christopher his legacy is eternal. The City of Colorado Protection Agency for race, sex, and color dis- Maddox, Benjamin Carlson, Nicholas Holmes, Springs is deeply grateful for his contributions crimination and a hostile work environment. As Forrest Lampella, David Law, Daniel and he will be missed. a result of this victory and her subsequent tes- McConkie, Kyle Spencer, Adam Stanton, Mark f timony before Congress, the Notification of Nader, Tyler Hill. Federal Employees Anti-Discrimination and TRIBUTE TO GUARDIAN INDUS- Benjamin Hallgarth, Daniel Evans, Brian Retaliation Act (‘‘NO FEAR Act’’) was passed TRIES AND ITS 75TH ANNIVER- by Congress and signed into law. Thousands Hicks, Nicholas Glass, Aaron Busse, Derek SARY Kirchhoefer, Alexander Ramsay, William of federal workers and their families have ben- Whittemore, Jr., Luke Saunders, Connor efited from this law. O’Laughlin, Nicholas Davis, Aaron Novy, Ian HON. JOE KNOLLENBERG After passage of this legislation, Dr. Cole- Watson, Sean Steele, Jordan Barnett, Kenji OF MICHIGAN man-Adebayo formed the No FEAR Coalition, Tanabe, Christopher Ciccolella, Bryan IN THE HOUSE OF REPRESENTATIVES a group of civil rights and whistle-blowing or- ganizations dedicated to working for increased Bredfeldt, Jonathan Johnson, Christopher Wednesday, January 31, 2007 Temple. legislative protections for federal employees, Mr. KNOLLENBERG. Madam Speaker, I who speak out to protect the public good. We Michael Temple, Matthew Davidson, Adam want to pay tribute to Guardian Industries must ensure that these courageous individuals Feliz, Sean Anderson, David Lloyd, Raymond which is celebrating its 75th Anniversary this are not penalized. Stauffer, Adam Khan, Stephen Hornung, Ste- week. This company’s positive impact on Dr. Coleman-Adebayo has had a distin- phen Gremillion, Robert Miller, Adam Jensen, Michigan’s economy should be commended guished academic career. She earned a B.A. Peter Mattingly, Benjamin Provolt, Robert and I am pleased they are headquartered in degree from Barnard College/Columbia Uni- Burns, James Dwyer, Christopher Hare, Nich- my district, in Auburn Hills, Michigan. versity and a doctorate degree from the Mas- olas Cunningham, Skylar Warner, Jared Guardian is one of the largest manufactur- sachusetts Institute of Technology. She holds Stoltz, Erik Rodriguez. ers of float glass and fabricated glass prod- an academic chair at George Mason Univer- Adam Phipps, Adam Muffler, Jeseph ucts. They also manufacture and supply the sity and is an Adjunct Professor at the Yeurdjian, Seth Grover, Matthew Heimerman, automotive industry with a variety of exterior Georgetown University School of Foreign Krystopher Ford, Robert Burton, James Nealy, products and have a significant presence in Studies. She has also taught at MIT, American Carson Hiltbrand, Nathan Mather, Matthew the building materials distribution business. In University and the University of California at Sewell, Nicholas Kramer, Matthew Ford, Mi- addition, Guardian is the world’s largest pro- Santa Barbara. chael Coleman, Kevin Zrust, Trevor Wallner, ducer of mirrors. Dr. Coleman-Adebayo has served at the Jordan Smiley, Matthew Zrust, Nikolas Guardian Industries began in 1932 as United Nations, representing it in Ethiopia and Rajcevich, Bryan Rapacz. Guardian Glass Company, a small windshield Tanzania. At the National Summit on Africa, Colby Baker, Chad Barens, Alma Dally, fabricator in Detroit, Michigan. In 1968, the she chaired the Sustainable Development and Daniel Hellewell, Kurt Hanson, Roger company changed its name to Guardian In- Environment Expert Group and was the Exec- Greenlaw III, Andrew Grimald, Aaron Cowles, dustries Corporation and two years later they utive Secretary for the U.S./South Africa Bi-na- Thomas Lightbody. opened their first float glass manufacturing line tional Commission.

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E240 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2007 Dr. Coleman-Adebayo’s work has been fre- INTRODUCTION OF THE PERMA- The forestry team from Blountstown rep- quently recognized and she has received nu- NENT INTERNET TAX FREEDOM resented the State of Florida, competing merous honors and awards, including Harvard ACT OF 2007 against 37 other teams from around the coun- University’s award for Outstanding Commit- try in the national forestry event. The competi- ment to Global Health and Development and HON. ANNA G. ESHOO tion was part of the 79th National FFA Con- Good Housekeeping Magazine’s Woman of OF CALIFORNIA vention. the Year. She was selected by the National IN THE HOUSE OF REPRESENTATIVES I am pleased to recognize all of the mem- Whistleblower Center as one of the most influ- Wednesday, January 31, 2007 bers of the Blountstown forestry team who ential ‘‘truth-tellers’’ in the United States and contributed to the victory. The championship was inducted into the Project on Government Ms. ESHOO. Madam Speaker, I am proud team consisted of Blountstown students Nic Oversight’s Hall of Fame. Dr. Coleman- to introduce the Permanent Internet Tax Free- Stoltzfus, Will Leonard, Max Herndon, and Adebayo is the subject of a major motion pic- dom Act of 2007. This legislation completes Jennie Fagen. As the winning team, these ex- ture, currently in production, entitled ‘‘No the work begun by Congress in 1998, by per- ceptional students received scholarships to FEAR: The Marsha Coleman-Adebayo Story.’’ manently banning discriminatory or duplicative further their educations at a post-secondary in- state or local taxes on Internet access and e- stitution of their choice. Leading the team of Madam Speaker, I ask my colleagues to join commerce. me in saluting Dr. Marsha Coleman-Adebayo future agricultural professionals was When Congress first instituted a temporary Blountstown FFA sponsor Ron Mears. for her lifelong commitment to civil and work- moratorium in 1998, the goal was to promote ers’ rights. These students have demonstrated impres- the growth of online commerce and encourage sive knowledge in the area of forest manage- universal access. This policy has been a re- f ment, and I’m so proud of their hard work and sounding success, fostering growth in produc- their dedication to this important field. On be- tivity and innovation and widening public ac- half of my fellow Floridians, I applaud the HONORING NEWARK MAYOR DAVID cess to information. A 2006 report by the Pew W. SMITH Blountstown Future Farmers of America on Internet and American Life Project dem- their victory and national recognition. onstrated that 73 percent of those polled were Internet users, up from 66 percent in a similar f HON. FORTNEY PETE STARK 2005 survey. While Americans use the Inter- LANE EVANS POST OFFICE OF CALIFORNIA net for a myriad of reasons, e-commerce has BUILDING IN THE HOUSE OF REPRESENTATIVES particularly flourished and continues to grow at an exceptional rate. In 2006 alone, online re- SPEECH OF Wednesday, January 31, 2007 tail exceeded $100 billion, increasing 24 per- HON. JANICE D. SCHAKOWSKY cent over 2005. OF ILLINOIS Mr. STARK. Madam Speaker, I rise today to Despite the successes we have seen, there IN THE HOUSE OF REPRESENTATIVES pay tribute to the Mayor of Newark, California, is still much work to be done. Internet usage David W. Smith. Mayor Smith has served the still lags behind in rural and lower income Monday, January 29, 2007 citizens of Newark, California for 27 years. He areas and the United States has fallen from Ms. SCHAKOWSKY. Madam Speaker, I rise has the distinction of being the longest serving 4th to 16th in broadband penetration world- in strong support of H.R. 521 which would Mayor in California and presently the fourth wide since 2001. In order to reverse this trend, designate the United States Postal Service longest serving Mayor in the United States. we need to ensure that access costs are kept building located at 2633 11th Street in Rock Mayor Smith is a native of Detroit, Michigan. to a minimum. Prohibiting unnecessary access Island, IL, as the Lane Evans Post Office He has extensive management experience in taxes will help accomplish this goal. Building. I thank Representative HARE for in- the private sector and is currently Executive We also need to allow unfettered access to troducing this legislation. Director for Asset and Enterprise Management the products and new services that are only Lane Evans has been a close and dear Systems at Ohlone College. available through the Internet and prevent friend to me and my husband, Bob Creamer, His government experience is equally im- multiple layers of state and local taxes. Other- since Lane’s very first campaign in 1982. That pressive. He was elected to the Newark City wise, we will open the door to a myriad of bar- friendship, through thick and thin, has been Council in 1976 and was elected Mayor in riers to Internet commerce that will drive con- and will always be so precious to us. We are 1978. He has served in the United States sumers from a web-based marketplace and grateful to Lane for being such an important Conference of Mayors in a myriad of capac- stifle innovation. part of our lives. We love him very much. ities including Trustee on the Executive Com- Congress twice passed extensions to the I had the privilege of working for Lane mittee, Nominating Committee Chair, Member- moratorium in 2001 and again in 2004. Unfor- Evans’s first campaign. At the time Lane de- ship Committee Chair, member of the Arts tunately, in November of this year the most re- clared his candidacy, he was considered a Committee and the Education Committee. cent extension will expire. Should Congress sacrificial lamb running against a well-en- fail to renew this moratorium the continued Mayor Smith is past President of the Ala- trenched Republican incumbent. His winning growth and progress in Internet access and e- seemed like a pipe dream. However, there meda Conference of Mayors and former commerce will be endangered. Chairman of the Alameda County Transpor- was something special in this young, legal as- I urge my colleagues to join me in sup- sistance attorney, and he quietly fought to win tation Authority. He is Chairman of the Newark porting my efforts to make this moratorium Redevelopment Agency, the Newark Commu- his seat in the House, giving the many labor permanent and finally assure consumers that union workers, consumer and civil rights activ- nity Development Advisory Committee and the their Internet access and e-commerce will re- Newark Disaster Council. ists, and ordinary residents of this western Illi- main unhindered by discriminatory and dupli- nois district the representation they deserved. His awards and honors are noteworthy. He cative taxes. During that first campaign, Lane was mod- is a life member of the U.S. Jaycees, and had f est, unassuming, friendly, and also inspiring. the honor of being selected as one of Califor- BLOUNTSTOWN FUTURE FARMERS He showed a humble respect for each and nia’s Five Outstanding Young Men, Out- OF AMERICA every voter, addressing them in the soft-spo- standing Young Alumni at Michigan Techno- ken, sincere manner that he never lost. The logical University and is a former member of HON. ALLEN BOYD quiet strength that came from being a United Mensa. He is among the Distinguished Alumni States Marine during the Vietnam era always OF FLORIDA of Calumet High School and received the shone through. IN THE HOUSE OF REPRESENTATIVES Hometown Hero Award from the Newark Na- From the first day and throughout his career tional Little League. Wednesday, January 31, 2007 in the House, Lane Evans remained true to his On March 22, 2007, the Mission Peak Dis- Mr. BOYD of Florida. Madam Speaker, I core progressive beliefs. The working and re- trict of the Boy Scouts of America will present come to the floor today to congratulate a tired men and women of his district and the Mayor Smith with its 2006 ‘‘Good Scout group of students from Blountstown, FL, who veterans throughout the Nation could always Award’’ at a community breakfast in its honor. have recently won the National Future Farm- count on Lane Evans being there for them— I join the community expressing appreciation ers of America Forestry Career Development no excuses, no exceptions. to Mayor David Smith for his commitment to Event at the National FFA Convention in Indi- As the Ranking Democrat of the House Vet- service. anapolis. erans’ Affairs Committee, Lane Evans was

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E241 recognized as the leading advocate of vet- sought and I believe that naming the library HONORING HENRY M. THOMAS III erans in Congress, responsible for legislation after this great American is a fitting tribute. to compensate veterans and their families for HON. RICHARD E. NEAL the effects of Agent Orange, help Persian Gulf f OF MASSACHUSETTS and women veterans, and those now returning IN THE HOUSE OF REPRESENTATIVES from Iraq and Afghanistan. The veterans’ serv- INTRODUCTION OF BILL TO PRO- ice organizations have honored Lane with their VIDE PERMANENT FUNDING FOR Wednesday, January 31, 2007 highest awards. THE PAYMENT IN LIEU OF Mr. NEAL of Massachusetts. Madam Speak- Lane Evans has always been a leader in TAXES (PILT) PROGRAM er, on Wednesday night, January 24, 2007, the fight for universal health care. Although the University of Massachusetts presented Parkinson’s disease has forced him to end his Henry M. Thomas III of Springfield, MA, with productive service in the House, he always ac- HON. MARK UDALL its Distinguished Service Award. This award knowledges how fortunate he is to be able to OF COLORADO recognizes the ‘‘demonstrated leadership’’ and afford the best care, while so many Americans IN THE HOUSE OF REPRESENTATIVES ‘‘exemplary accomplishments’’ of an individual, are not. He has become an advocate for ex- and I can think of no one more worthy than panding funding for research into the cure for Wednesday, January 31, 2007 my friend Henry Thomas. Parkinson’s and many other diseases that Mr. UDALL of Colorado. Madam Speaker, Henry Thomas is a life-long friend of mine might benefit from government-funded embry- together with my Colorado colleague, Rep- and I would like to extend at this time my heartfelt congratulations to him upon receiving onic stem cell research. resentative JOHN SALAZAR, I am again intro- When Lane Evans retired from the House of ducing legislation to provide permanent fund- this prestigious honor. I would like to include Representatives last year, Senator DURBIN ing for two programs that are very important to in the CONGRESSIONAL RECORD today a history said the following: ‘‘There are two kinds of counties and other local units of government of Henry Thomas’s accomplishments and courage in this world. There is physical cour- in Colorado and many other States. dedication to the city of Springfield, social ac- age, which is rare. Then there is even a rarer tivism and education. Congratulations Henry commodity, moral courage. Once in a great Our bill is identical to one we introduced in on an award that is well-deserved. the 109th Congress. Under the bill, the full while you find someone who has both. Lane DISTINGUISHED ACHIEVEMENT AWARD PRE- amounts authorized under both the payments Evans is that person.’’ I could not agree with SENTED TO HENRY M. THOMAS III, JANUARY 24, in lieu of taxes, PILT, program and the refuge Senator DURBIN more. 2007. I miss Lane Evans’ presence in the Halls of revenue sharing program would be made No one in our time has made greater civic Congress on a day-to-day basis. However, my available to the Secretary of the Interior annu- contributions to western Massachusetts than sadness is easily deflected by Lane’s legacy ally, for distribution to eligible local govern- Henry M. Thomas III, or shown greater cour- that will ever be reflected in the improved lives ments in accordance with those programs. age and resolve in doing so. His record of achievement during the past three and a half of the veterans of the United States and all This would eliminate the requirement for an- nual appropriations for PILT and refuge rev- decades has been dazzling in its depth and di- the working families who will continue to ben- versity. efit from his outstanding service. enue sharing purposes and would shield them Thomas is president and chief executive of- I urge all of my colleagues to support H.R. against the kind of political short-sightedness ficer of the Urban League of Springfield Inc., 521. demonstrated in the presidential budget that which he joined in 1971 as youth and edu- f has repeatedly failed to request full funding for cation director. The Urban League serves the PILT and has even proposed cuts from African American community by promoting INTRODUCTION OF LEGISLATION amounts Congress has previously provided. through advocacy and services the academic TO DESIGNATE THE THIRD and social development and the economic While both programs are significant, PILT is self-sufficiency of young people and families. FLOOR OF THE ELLIS ISLAND particularly important for counties in Colorado IMMIGRATION MUSEUM AS THE It also fosters racial inclusion and social jus- and other States that include large expanses tice. ‘‘BOB HOPE MEMORIAL LI- of Federal lands. In 2006, for example, coun- Thomas showed an early aptitude for lead- BRARY’’ ties in Colorado received more than $17.4 mil- ership. Within 4 years he was promoted to di- lion out of a total of more than $232 million rector of voter registration and education at distributed nationwide. the Springfield Urban League, and then to deputy director. In 1975, when only 25 years HON. ELIOT L. ENGEL Congress created the PILT program in re- old, he was named president and CEO, the OF NEW YORK sponse to a recommendation of the Public youngest person ever so appointed in an IN THE HOUSE OF REPRESENTATIVES Land Law Review Commission, chaired by Urban League affiliate. He is a past president Wednesday, January 31, 2007 Representative Wayne N. Aspinall, who rep- of the National Urban League Executives resented what was then Colorado’s Fourth and served for 2 years as vice president for Mr. ENGEL. Madam Speaker, I rise today to Congressional District. It reflected a recogni- youth development at the New York office of encourage my colleagues’ strong support of the National Urban League, developing infra- tion that a system of payments based on acre- legislation that I have introduced to designate structure to support inner-city youth. age was more equitable and reliable than one the third floor library of the Ellis Island Immi- Many other institutions and organizations tied to management decisions such as timber gration Museum as the ‘‘Bob Hope Memorial have been touched by Thomas’s energetic harvests or other uses. idealism and executive skill. As the first Af- Library.’’ I would also like to thank Represent- rican American chairman of the Springfield ative GALLEGLY for his assistance with this bill. Counties use their PILT payments for a wide variety of purposes, including some— Fire Commission from 1985 to 1998, he dem- I believe that it is important to honor Bob onstrated a courageous willingness to chal- Hope, an American Citizen, who immigrated such as law enforcement, fire fighting, and lenge a rule that forbade fire department ap- through Ellis Island and who contributed so search and rescue—that are directly related to plicants from having an arrest record, as op- greatly to the American people and culture. the Federal lands within their boundaries and posed to a conviction—this at a time when Most Americans remember Bob Hope for the people who use those lands. blacks and Latinos were frequently arrested his work in the entertainment business as a For nearly two decades after the program on spurious grounds. Ten years later, as the comedian, actor, dancer, and singer as well as was established, PILT funding remained level first black chairman of the Springfield Po- lice Commission, Thomas received death his work with American troops abroad. But, but the value of PILT payments was eroded threats after granting three African Ameri- what few know is that Bob Hope was an immi- by inflation. In 1995, Congress amended the cans promotions to sergeant. grant from England. He is sometimes even re- law to raise the authorization level. However, In January 2006, Governor Mitt Romney ferred to as America’s most famous immigrant, since 1995, no budget request—from either appointed Thomas vice chairman of the Mas- whose life epitomizes the ‘‘American Dream.’’ President Clinton or President Bush—has re- sachusetts Board of Education, on which he After a long period of restoration, Ellis Island quested more than two-thirds of the amount had served since 2001. Thomas was also re- was turned into a museum in 1990 with the authorized by the PILT Act. As a result, the cently appointed to the transition team of Governor Deval Patrick. purpose for people to come and remember the burden on county taxpayers has not been re- Camp Atwater in North Brookfield, MA, 16 million immigrants who passed through duced to the extent that Congress intended the Nation’s oldest African American sum- Ellis Island from 1892–1954 to pursue the when it passed the 1995 legislation. Our bill mer youth residential camp, has long bene- American Dream. Bob Hope embodies that would ensure full implementation of that legis- fited from Thomas’s support: he reopened it American Dream which so many immigrants lation. in 1980 following a 6-year hiatus and serves

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E242 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2007 as its CEO. He also serves on a number of by another debate to protect our civil liberties, Lohman has been responsible for all aspects local and national boards and commissions. my spirit is reinvigorated when I think of Fred- of real estate development including planning, Thomas founded and is the presiding chair- erick Douglass’ Rochester newspaper, the financing, development, management and dis- man of the board of Springfield’s New Lead- North Star, and the phrase printed on its mast- position of real estate assets. He also served ership Charter School, is a member of the board of the American Camping Association, head: ‘‘Right is of no sex—Truth is of no as the executive vice president of the Greater and chairs the board of trustees of the color—God is the Father of us all, and we are Wilkes-Barre Development Corporation and Springfield Cable Endowment. He founded all Brethren.’’ the Greater Wilkes-Barre Industrial Fund, Inc. and is a co-chairman of Step Up Springfield Beyond being a source of inspiration, Fred- The Greater Wilkes-Barre Chamber of Busi- and is on the executive committee of the erick Douglass is the subject of adoration as ness and Industry is a community, economic Hamden County Regional Employment one of America’s bravest heroes. After he es- Board. development and business service organiza- caped slavery in 1838, he devoted the remain- tion charged with the mission of collaborating An earnest and inspired educator, Thomas der of his life to freeing other slaves and to has been a visiting professor in the Master’s with community and regional partners to cre- of Regional Planning Program at the Univer- ending the practice of slavery itself. Upon set- ate quality employment and business opportu- sity of Massachusetts Amherst and at Curry tling in Rochester, he used the city’s location nities and improve the area’s quality of life College in Milton, Massachusetts. He hosts a near the Canadian border to lead local Under- through strategic planning, programs and in- weekly community talk show, ‘‘Urban ground Railroad activities, giving sanctuary to vestments. League Community Focus,’’ now in its 15th freedom seekers as they fled from slavery, op- year on Springfield radio station WTCC. pression, and injustice. Throughout his tenure, Mr. Lohman worked Thomas grew up in Springfield, where at In addition to his work in the abolitionist successfully with talented coworkers and dedi- Technical High School he was his class’s movement, Douglass fought to ensure that cated volunteer community leaders to change only black gymnast. Equally adept on the freed slaves were treated fairly. In 1863, the economic landscape of the greater Wilkes- gridiron, he was offered dozens of college Barre area. football scholarships and accepted one at Douglass met with President Lincoln to dis- American International College in Spring- cuss the treatment of black soldiers in the civil He joined the chamber in 1987 as business field. There he founded the black student or- war. He later met with President Andrew John- manager. He later served as vice president, ganization and earned a bachelor’s degree in son to discuss black suffrage. His tireless ef- controller, senior vice president, chief financial psychology in 1971 and a master’s degree in forts in support of freedom and equality laid officer and senior vice president of real estate human resource development 2 years later. the ground work for future civil rights move- and asset management. In 1983 he received a jurisprudence doctorate ments. Mr. Lohman contributed toward the expan- from Western New England College School of Intolerant of any injustice, Douglass worked Law. Thomas has called his law degree ‘‘an sion of the Crestwood and Hanover Industrial invaluable tool for dealing with government closely with another one of Rochester’s lead- Parks and the construction of three new parks officials, community leaders, and the busi- ing progressive advocates, Susan B. Anthony, including the Corporate Center at East Moun- ness aspects of running a multimillion-dollar to fight for women’s suffrage. In fact, he used tain, Hanover Crossings and Highland Park, nonprofit agency.... Virtually every area his North Star newspaper not only to de- home to the Wachovia Arena at Casey Plaza. of my work involves law in some degree.’’ nounce slavery, but also to advocate for wom- He has also received honorary doctorates en’s rights. The chamber was responsible for redevel- from Westfield State College and Bay Path Douglass found a home in Rochester oping the former Pomeroy’s Department Store College. In 1999, he received an Executive among the progressive activists of the mid- building into what is now Public Square Com- Leadership Program Certificate from the mons, a first class office building, and the Kennedy School of Government at Harvard 1800 who fought for social reforms, the peace movement, and universal equality. It is cer- former Woolworth’s Five and Dime Store, University. which is now home to the Innovation Center, Thomas gives enormous credit to his wife, tainly no surprise that Frederick Douglass felt a business incubator, as well as a joint colle- Devonia J. Thomas, for the support and en- a special connection to the City of Rochester, couragement she has provided throughout and chose to be buried here. giate bookstore, Barnes and Noble College his career. The Thomases have been married Madam Speaker, Frederick Douglass’ per- Booksellers. for 35 years and live in Springfield’s historic sistence, perseverance, and pertinacity serve Mr. Lohman played an integral role in one of Forest Park neighborhood in a home well as a timeless source of inspiration for Ameri- the chamber’s most aggressive efforts—the stocked with books and artifacts reflecting cans struggling for freedom against today’s in- Northampton and Main Redevelopment their love of African American history and African art, especially Shona art from what justices. I urge my colleagues to join with me Project, a 160,000-square-foot urban mixed is now Zimbabwe. Their son, Perren, is an in- in celebrating and honoring Frederick Doug- use, entertainment-based, commercial and vestment banker on Wall Street. Their lass’ birth-month. America and the City of residential complex containing a 14-screen daughter, Shadae, is a fourth-grade teacher Rochester are fortunate to have had such an cinema, retail space and loft housing. in Cambridge, MA. Thomas relaxes by play- outstanding leader among us. We must never Lohman is a 1976 graduate of Wilkes Col- ing racquetball and the saxophone and by forget his legacy. reading and watching a good deal of football. lege, now Wilkes University, and received his f master’s degree in 1986 from Marywood Uni- f versity. He previously served as municipal PAYING TRIBUTE TO FREDERICK manager for Edwardsville Borough and HONORING FREDERICK DOUGLASS A. LOHMAN AS HE RETIRES Towanda Borough and as director of the FROM THE GREATER WILKES- Wilkes University’s Small Business Develop- BARRE CHAMBER OF BUSINESS HON. LOUISE McINTOSH SLAUGHTER ment Center. OF NEW YORK AND INDUSTRY On a personal note, let me express my sin- IN THE HOUSE OF REPRESENTATIVES HON. PAUL E. KANJORSKI cere appreciation for all the assistance Fred Wednesday, January 31, 2007 has provided to me throughout the years. OF PENNSYLVANIA Whenever I have called on him to assist in fur- Ms. SLAUGHTER. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES today to humbly honor the life of one of Amer- thering the progress of any project that would ica’s most courageous pioneers in the civil Wednesday, January 31, 2007 bring jobs to the region, he has been rights movement—Frederick Douglass. Fred- Mr. KANJORSKI. Madam Speaker, I ask unfailingly generous with his time and exper- erick Douglass was born 189 years ago this you and my esteemed colleagues in the tise. He is a truly talented professional, and I month, and although it has been over a cen- House of Representatives to pay tribute to Mr. am pleased to also call him a personal friend. tury since he has walked this earth, his imprint Frederick A. Lohman, senior vice president of Madam Speaker, please join me in con- on American history remains. real estate and asset management for the gratulating Mr. Lohman for his years of service For the past 21 years, I have had the privi- Greater Wilkes-Barre Chamber of Business to the Greater Wilkes-Barre community. The lege of representing Rochester, New York in and Industry, who recently announced his res- talent and dedication he brought to his role as Congress; and the city’s historic commitment ignation to accept a position with Mericle a business development executive has paid to the advancement of progressive causes has Commercial Real Estate Services. many dividends that have improved the quality always served as an inspiration to me. When During his 19 years with the Greater Wilkes- of life throughout the region, and I wish him I am standing on the House floor, exhausted Barre Chamber of Business and Industry, Mr. well in his new position in the private sector.

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E243 HONORING WALLACE BROECKER lands, who were all vying for the unique dis- label grew the Take Action Tour, which uses AND COLUMBIA UNIVERSITY’S tinction. the proceeds from concerts and record sales LAMONT-DOHERTY EARTH OB- This award is well-deserved, as these com- to support worthy charities. SERVATORY munities have dedicated themselves to fos- Since 2001, the Tour has joined with the tering a healthy, safe, and caring environment National Hopeline Network, 1–800–SUICIDE. HON. ELIOT L. ENGEL for our young people. I share this vision, and So far, Louis and the Tour have raised over OF NEW YORK am deeply honored to have the only two local- $1 million to help target the Hopeline and other mental health issues. IN THE HOUSE OF REPRESENTATIVES ities in West Virginia recognized located in my district. Louis has also collected over 100,000 sig- Wednesday, January 31, 2007 I pledge to continue my work to make the natures in support of mental health parity. He Mr. ENGEL. Madam Speaker, I rise to communities of the Third District a healthy and has educated both the public and their elected honor Wallace Broecker, a geochemist at Co- nurturing environment for our children, by sup- representatives about this and other important lumbia University’s Lamont-Doherty Earth Ob- porting legislation that will keep our children mental health issues. servatory for recently being awarded the safe. Last year, I supported legislation to bet- As recently as 2000, the Federal budget Crafoord Prize in Geosciences by the Royal ter fund our law enforcement. I also supported had no funding for suicide prevention. Due in Swedish Academy of Sciences. Mr. Broecker the Adam Walsh Child Protection and Safety no small part to Louis’s tireless work, Con- was honored with this prize for his stellar work Act of 2006, a bill that will protect children and gress now provides at least modest support in studying the role oceans play in the carbon save countless lives by dramatically improving for programs to help prevent suicide. cycle. As we debate how to control global efforts against sex offenders and violent crimi- We are grateful to Louis and the Tour for warming in this Congress, Mr. Broecker’s work nals. In addition, I took action in the House of helping to fund programs such as the National will better inform us on the best policy ap- Representatives to protect West Virginia chil- Suicide Hotline and the Youth America Hot- proach to this global threat. dren from Internet predators, voting in support line. These are extremely valuable resources Dr. Broecker did his groundbreaking work at of the Deleting Online Predators Act and simi- for individuals in times of crisis. Columbia’s Lamont-Doherty Earth Observ- lar legislation. It is also a privilege today to recognize atory, which resides in my district. This incred- While these steps are significant, it is by far Reese Butler, founder of the Kristin Brooks ible facility is one of the world’s leading re- the end of our work. As the folks of Mercer Hope Center and the National Suicide Hotline. Together, Reese and Louis have created a search centers on how our biosphere oper- and Monroe Counties can attest, we must public/private partnership that has helped tens ates. More than 300 research scientists at the never waver from our commitment to our of thousands of people and is a great example observatory research every aspect of our plan- youth. As much as we accomplish, we must of how such a partnership can work. et including volcanoes, earthquakes and glob- always strive to do better. I strongly support legislation to provide men- West Virginia native and renowned author al warming. tal health parity and additional funding for pro- To get the data necessary for their work, the Pearl S. Buck once said, ‘‘If our American way grams that will help reduce the unacceptably observatory has led expeditions around the of life fails the child, it fails us all.’’ high number of suicides in this country. Again, world to collect data. Using their 239-foot re- These are words to live by, words that Mer- I congratulate the Take Action Tour, Reese search vessel, the Maurice Ewing, the observ- cer and Monroe Counties are living by today. Butler and Louis Posen for their work on these atory has collected samples from the ocean I again commend the entire community—the critical Issues. floor, studied seismic activity and collected teachers, the civic leaders, the parents and ocean soil core samples. Through this work the children as well, who are all so very f the observatory has amassed the world’s larg- bright—for the hard work they have done and RECOGNIZING ALFRED C. YSRAEL est collection of deep-sea and ocean-sediment continue to do. AS GUAM’S EXECUTIVE OF THE cores from every sea and ocean on the plan- I encourage other communities in the Third YEAR FOR 2006 et. District and across West Virginia and our Na- The observatory has taken the massive tion to follow the fine example set by Mercer HON. MADELEINE Z. BORDALLO amounts of data they have accumulated and and Monroe Counties. As the Alliance for OF GUAM created some of the world’s most comprehen- Youth said, ‘‘They are shining examples of IN THE HOUSE OF REPRESENTATIVES what it means to keep America’s promise to sive databases of ocean activity critical to the Wednesday, January 31, 2007 work of marine geoscientists such as Dr. our young people.’’ Broecker. f Ms. BORDALLO. Madam Speaker, I rise Madam Speaker, my hat is off to Wallace today to acknowledge that on Saturday, Janu- Broecker for earning this fantastic honor. His IN HONOR OF LOUIS POSEN ary 13, 2007, Mr. Alfred C. Ysrael of work and the work of the entire Lamont- Tamuning, Guam, was recognized as the Doherty Earth observatory is an invaluable re- HON. HOWARD L. BERMAN 2006 Executive of the Year during a ceremony source for other scientists and for policy- OF CALIFORNIA sponsored by Guam Business magazine. Mr. makers as we struggle to balance our eco- IN THE HOUSE OF REPRESENTATIVES Ysrael is the chairman and president of Tanota Partners, which owns and operates nomic well being with our requirement to be Wednesday, January 31, 2007 stewards of the environment. three hotels and several other profitable real f Mr. BERMAN. Madam Speaker, I rise today estate holdings on Guam. He has spent the to pay tribute to a distinguished and accom- last 50 years growing and diversifying his RECOGNITION OF MERCER AND plished constituent: Louis Posen, who has business interests on Guam, creating thou- MONROE COUNTIES AS BEST dedicated the last 6 years of his life to two ex- sands of local jobs for Guam’s workforce and COMMUNITIES FOR YOUTH tremely important causes: achieving mental strengthening Guam’s economy. The year health parity and reducing the unacceptable 2007 marked the occasion of the 24th anniver- HON. NICK J. RAHALL II rate of suicide that plagues this country. sary of Guam Business magazine presenting OF WEST VIRGINIA Each year, more than 30,000 people die the Executive of the Year award. IN THE HOUSE OF REPRESENTATIVES from suicide. For our youth, it is the third lead- It is not uncommon for successful business- ing cause of death. And these deaths can be men, such as Alfred, to come from humble be- Wednesday, January 31, 2007 prevented. ginnings. They start out with only a dream, a Mr. RAHALL. Madam Speaker, I rise today Louis’s story is remarkable in many ways. In few dollars in their pockets, and a commitment in recognition of two counties in my district, 1993, he started his own record label, and to excellence. Hard work and an unfaltering Mercer and Monroe, which have recently re- called it Hopeless Records—not for lack of belief in what they seek to accomplish are es- ceived the honor as two of the Nation’s ‘‘100 hope, but in honor of one of the first songs he sential to their success. Alfred was born and Best Communities for Youth for 2007’’ by the produced. raised in the Philippines. He graduated from Alliance for Youth. This is the second such It is hard to imagine that this successful De La Salle University in 1952 with a bach- award for Mercer County, which was also hon- label began in his living room with only $1,000 elor’s degree in commerce ready and eager to ored last year. of seed money which was contributed by his pursue the American dream. Mr. Ysrael now These counties competed against hundreds helpful brother. stands as a prominent figure among the pio- of communities in the 50 States, the District of As Hopeless Records grew, Louis started a neers of post-war business and commerce on Columbia, Puerto Rico, and the U.S. Virgin Is- subsidiary label called Sub City. From this Guam.

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E244 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2007 Mr. Ysrael arrived on Guam in 1952 as a HONORING THE STATE CHAMPION once sat across the desk from future Vice guest worker with a 3-year contract to serve FRANKLIN HIGH SCHOOL VAR- President Al Gore. as an accountant for a military bowling alley. SITY CHEERLEADERS Madam Speaker, it has been a pleasure to He purchased six surplus bowling lanes and work alongside Bill during his long service to Tennessee, and I am proud to call him my opened the Anigua Bowling Alley, Guam’s HON. MARSHA BLACKBURN friend. I hope you and our colleagues will join OF TENNESSEE first, post-war civilian bowling alley upon com- Betty Ann and me in thanking Bill Hiles for his IN THE HOUSE OF REPRESENTATIVES pleting his contract. Seven years later, in work, congratulating him on his well—earned 1958, he became a U.S. citizen and was draft- Wednesday, January 31, 2007 retirement and wishing him all the best in the ed into the U.S. Army. Alfred served his Mrs. BLACKBURN. Madam Speaker, I ask years to come. adopted country with honor and after his serv- my colleagues to join me today in congratu- f ice returned to civilian life to his fledgling busi- lating the Franklin High School Varsity THE SESQUICENTENNIAL OF THE ness interests. In 1960, he married Diana Cheerleading Squad for winning the 2006 ACADEMY OF MUSIC Zeien, my sister, with whom he has five chil- TSSAA Cheerleading (Large Squad) State dren: Michael, Elizabeth, Mariana, Catherine, Championship. On November 18, 2006 at Middle Ten- HON. CHAKA FATTAH and Donna. Alfred is a devoted father and OF PENNSYLVANIA husband who always placed his family respon- nessee State University, hundreds of hours of hard work were rewarded as the Lady Rebels IN THE HOUSE OF REPRESENTATIVES sibilities first. His son Michael now serves as narrowly upset another squad that had re- Wednesday, January 31, 2007 general manager of Tanota Partners, and his cently won a national championship. Mr. FATTAH. Madam Speaker, I rise today daughter Donna also has joined the firm. Al- This recognition reflects a dedication to to recognize the 150th Anniversary of the fred and Diana are the proud, loving grand- practice and commitment to excellence. The grand opening of Philadelphia’s Academy of parents of 13 grandchildren. teambuilding skills acquired by working to- Music—our ‘‘Grand Old Lady of Locust Alfred opened the Fujita Hotel, which ca- gether as a squad will doubtless benefit these Street.’’ Since January 26, 1857, the Academy tered to the Japanese tourists who arrived too young women for a lifetime. has hosted more than one billion attendees at late in the evening to secure hotel rooms, in Madam Speaker, please join me in thanking almost half a million performances. Genera- the parents, coaches and faculty of Franklin the late 1960s when Guam’s tourist industry tions of the region’s children have sat in her High School and again congratulating the elegant auditorium and caught their breath as was in its infancy. Alfred also invested in members of the 2006 State Championship the curtain rose on their first experience of an bringing Hilton International to Guam and re- squad. I am sure this is not the last we will opera or ballet performance. Millions of them mains a shareholder in Hilton Guam Resort & hear from this talented group of young have sat up in wonder as they heard The Spa. In 1987, he built the SunRoute, Ohana, women. Philadelphia Orchestra’s rousing sounds for Hotel and the Regency, Ohana, 2 years later. Laura Satterfield, Lindsey Jones, Taylor the first time. Hundreds of thousands of Phila- Mr. Ysrael’s most recent venture was the con- Kennerly, Kathleen Engstrand, Christie Kibler, delphians have walked proudly across the struction and operation of the Outrigger Guam Stacey Caravetta, Carly Joseph, Hannah Academy’s stage to accept their commence- Resort in 1999. Alfred also developed apart- Johnson, Chelsea Steen, Kacey Capps, ment certificate. Audiences and artists alike ment buildings in addition to building hotels. Kelsey Raymond, Kate Allman, Rachel have flocked to Philadelphia from around the His tenants were primarily teachers and other Mezger, Mary Musgrove, Kelsi Cates, world because of the Academy of Music.– workers hired from off-island. In time, how- Corianne Carter, Chelsea Ridens, Taylor Har- What a remarkable legacy for one build- ever, as Guam’s population grew and housing rell, Grace Tenkhoff, Paige Tenkhoff, Kathryn ing—a legacy that has a deeply personal shortages became acute, many came to know Chambers, Courtland Harrell, Caroline Wat- meaning for many generations of the region’s families who share memories of attending spe- Mr. Ysrael as their landlord. son, Chandler Howell, Sara Thames. f cial events within her walls; a legacy that laid Alfred and his businesses also have given the foundation on which the city created the much back to the community. Alfred was HONORING BILL HILES FOR HIS Avenue of the Arts, built the shining new Kim- elected to serve the people of Guam as a sen- LONG SERVICE TO TENNESSEE mel Center, and made Philadelphia one of the ator in the 12th and 13th Guam Legislatures, most vibrant cultural destinations in the world; from 1973 to 1977. He also served as a mem- HON. JOHN S. TANNER a legacy of which all Philadelphia—area resi- ber of the Guam Board of Education from OF TENNESSEE dents can be proud. The Academy of Music 150th Anniversary 1970 to 1971. Alfred further has a long and IN THE HOUSE OF REPRESENTATIVES Concert and Ball, held on January 27, 2007, established record of philanthropy and com- Wednesday, January 31, 2007 reflected many facets of the Academy’s rich munity service on Guam. Largely as a result Mr. TANNER. Madam Speaker, I rise today history. World—renowned artists host Tom of his commitment to family and community to recognize Bill Hiles, who is retiring this Brokaw, soprano Deborah Voigt, tenor Ben and a strong belief in sports for young peo- week after working for 23 years as a journalist Heppner and vocalists John Lithgow, with ple—his own children are accomplished ath- at the Dyersburg State Gazette in Dyersburg, Music Director Christoph Eschenbach and our letes—Mr. Ysrael and Tanota Partners are Tennessee. He has proven himself a quality own celebrated Philadelphia Orchestra and supporters of swimming, soccer and Tae writer who fairly, accurately and completely Philadelphia Singers, presented an out- Kwon Do teams on Guam. They also provide covers the information that is important to our standing program of grand opera, theater, support for the South Pacific Games, the community in northwest Tennessee. Broadway, classical and popular music. Even before coming to the State Gazette, Guam National Olympic Committee, and the The concert was attended by over 2,400 of Bill was a distinguished scholar, journalist and the region’s political, civic and corporate lead- American Cancer Society’s Annual Relay for pastor. He received a Bachelor’s Degree in ers as well as special guests Their Royal Life. Athletics aside, Alfred and his family have Philosophy at Transylvania College in Lex- Highnesses the Prince of Wales and the also helped to raise funds for the American ington, Kentucky, and a Master’s Degree in Duchess of Cornwall. Even the Prince’s visit Cancer Society to increase awareness about Systematic Theology from the University of has a historical precedent in the Academy’s breast cancer on Guam. Durham in Durham, England. He has also rich past: his great, great grandfather, Edward It is said that successful business persons studied at Vanderbilt University and the VII, was one of the early visiting dignitaries to should give back to the community that fos- George Peabody College for Teachers, taught grace the Academy at a gala performance by college—level writing and public relations tered their success. For the past 50 years and the popular soprano Adelina Patti in 1860. The courses and, having been ordained as a min- Prince of Wales will sit in the same box, continuing today, Mr. Alfred C. Ysrael has in- ister of the Christian Church, Disciples of dubbed ‘‘the Prince of Wales Box’’ since the deed come far from humble beginnings and Christ, served as pastor at several churches 1860 visit that his ancestor occupied before has given back in many, many ways to our is- throughout Tennessee. After working at the him. land community which he proudly calls home. Associated Press and United Press Inter- I congratulate the Academy on its sesqui- national, Bill was a general assignment re- centennial and look forward to many more porter and sports columnist at The Ten- years of important cultural contributions to our nessean in Nashville, Tennessee, where he city.

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E245 HONORING JOHN NANCE GARNER and helped to shape North Texas. He will be This experience has led NHSGC to expand its ELEMENTARY UPON ITS 20TH- missed, but his legacy will endure. I offer my focus from traditional ‘‘neighborhood based’’ YEAR ANNIVERSARY condolences to his two daughters, Claudia market to the entire City of Cleveland, while Sandbach and Elizabeth Hark, his five grand- also expanding throughout Cuyahoga County HON. KENNY MARCHANT children, and his one great-grandchild. and other strategic locations. NHSGC partners OF TEXAS f with both public and private institutions to help more than 1,300 people each year. In its ef- IN THE HOUSE OF REPRESENTATIVES INTRODUCTION OF THE ‘‘ANTI- forts to build strong communities, NHSGC is Wednesday, January 31, 2007 TRUST MODERNIZATION COMMIS- led by local residents and guided by local Mr. MARCHANT. Madam Speaker, I rise SION EXTENSION ACT OF 2007’’ needs. today to recognize John Nance Garner Ele- As a chartered member of Neighbor-  mentary for its 20th Anniversary of providing a HON. JOHN CONYERS, JR. Works , one of nearly 245 organizations work- superb education for the students of Grand OF MICHIGAN ing in nearly 4,400 urban, suburbs and rural Prairie, Texas. IN THE HOUSE OF REPRESENTATIVES communities nationwide, NHSGC is certified to meet a high standard of fiscal integrity and The middle years of the 1980’s found Grand Wednesday, January 31, 2007 Prairie south of I–20 to be a quiet, nearly rural service to help residents in developing leader- collection of established county homes ac- Mr. CONYERS. Madam Speaker, today I ship, improving their neighborhoods, and se- cented by a growing number of brand new am introducing the ‘‘Antitrust Modernization curing decent housing that is affordable. Its housing developments. The need was clear Commission Extension Act of 2007,’’ legisla- link to this powerful and unique nationwide for a new elementary school to serve the chil- tion that allows the Antitrust Modernization network of community development organiza- dren who would eventually explode into this Commission to finalize its report and shut tions adds great value to what it is able to ac- area with a force that no one yet imagined.– down its operations in an appropriate time complish in Northeast Ohio. John Nance Garner’s doors opened in the frame. I am joined by Ranking Member LAMAR Madam Speaker and colleagues, please join fall of 1987 to an enrollment of 368 students SMITH. me in recognizing the great accomplishments with 14 teachers in grades K–5. Named for In passing the Antitrust Modernization Act of of Neighborhood Housing Services of Greater the 32nd Vice President of the United States 2002, Congress established this Commission Cleveland as it celebrates its 30th Annual under Franklin Roosevelt, the school’s mascot to ‘‘examine whether the need exists to mod- Luncheon on January 25, and in committing was All-Stars. ernize [the U.S.] antitrust laws.’’ In 2 months, ourselves to joining with this nonprofit organi- Twenty years have passed. Unprecedented I expect the Commission will provide its rec- zation in rebuilding our nation’s great cities growth resulting from the creation of Joe Pool ommendations to Congress in its final report. like Cleveland. Lake brought a generation of children through The Commission has expressed concerns f over the statutorily required 30 day deadline to the doors at 145 Polo Road. A new wing was HONORING THE LIFE OF PERCY shut down its operations completely while also built in 1996 to accommodate the increasing LAVON JULIAN enrollment, which peaked at over 725 students finalizing its report to Congress. For example, in 1997. Present enrollment hovers just under dismantling the Commission will require it to SPEECH OF 500 students. begin archiving its records prior to completion Garner Elementary has earned a place of of the report, which would likely affect the in- HON. GWEN MOORE OF WISCONSIN honor in Grand Prairie ISD. It has become a tegrity of the report. For this and other rea- IN THE HOUSE OF REPRESENTATIVES family of dedicated educators and loyal volun- sons, it makes sense to give the Commission teers, as well as a diverse mix of energetic adequate time to wrap up. Tuesday, January 30, 2007 youngsters who are proud to be today’s Gar- This bill allows the Commission to complete Ms. MOORE of Wisconsin. Madam Speak- ner All-Stars. its report before beginning the process of er, I rise to honor the life and achievements of The world has changed much since 1987, shutting down operations by extending the Dr. Percy Lavon Julian, the grandson of Ala- but at Garner Elementary, the focus continues Commission’s administrative shutdown from bama ex-slaves who rose to become an to be making each student feel like an All- 30 to 60 days. I urge my colleagues to support American research chemist of international ac- Star. this effort. claim. Dr. Julian’s son, Percy Julian Jr., works Mr. Speaker, I am honored to have had this f on social justice issues as a practicing attor- time to honor the 20th Anniversary of John NEIGHBORHOOD HOUSING SERV- ney in my home state of Wisconsin. Nance Garner Elementary School. While working on the West Side of Chicago ICES OF GREATER CLEVELAND’S for the Glidden Paint Company, Dr. Julian f 30TH ANNUAL LUNCHEON worked in soybean research where he devel- HONORING DAVID H. BRUNE oped foam that put out oil and gas fires. Dur- HON. DENNIS J. KUCINICH ing World War II the Navy saved many lives HON. EDDIE BERNICE JOHNSON OF OHIO by using a foam fire extinguisher. OF TEXAS IN THE HOUSE OF REPRESENTATIVES He later discovered a special process to IN THE HOUSE OF REPRESENTATIVES Wednesday, January 31, 2007 synthesize cortisone from soy beans and Wednesday, January 31, 2007 yams, allowing the widespread use of corti- Mr. KUCINICH. Madam Speaker, I rise sone as an affordable treatment of arthritis. Ms. EDDIE BERNICE JOHNSON of Texas. today in honor of Neighborhood Housing Serv- Dr. Julian’s achievements did not come eas- Madam Speaker, today I would like to pay trib- ices of Greater Cleveland (NHSGC), which is ily. Because formal education for African ute to a friend of mine, a community visionary, celebrating its 30th Annual Luncheon on Janu- Americans in Alabama stopped at eighth a loving family man, and a true Texan who ary 25, 2007, at the Bohemian National Hall in grade, he was forced to move from Mont- passed away last month. Cleveland’s Slavic Village neighborhood. gomery to Greencastle, Indiana where he at- David H. Brune was a man who lived a Neighborhood housing has created home- tended De Paul University as a subfreshman. great life; he was dedicated to and loved his ownership and built communities for over 30 As a student, he worked as a waiter and a family, his church, and his work. His impact on years. NHSGC, a trusted not-for-profit organi- ditch digger in order to pay his tuition and the North Texas community was truly remark- zation, has provided families in Northeast Ohio make ends meet. During the night he laid the able. As a lawyer, his expertise in water with the housing education and home repair groundwork for his future discoveries by de- issues allowed for the Dallas County commu- loans they need to buy, improve and keep voting his energies to study of chemistry. nity of Las Colinas to be developed. their homes. NHSGC was incorporated in July Dr. Julian’s perseverance and determination For five decades David H. Brune used his 1975 to revitalize Cleveland neighborhoods by paid off and, in 1920, he graduated from talents and his passion to serve the greater providing programs and services that improve DePaul University in Indiana at the head of his good of Texas. He helped to expand the pota- the communities and enhance the quality of class and was honored as Phi Beta Kappa or- bility of water, improve flood control, and turn life of residents. Realizing its primary market ator and valedictorian. In 1923, he earned his flood plains into neighborhoods. niche was providing a comprehensive service master’s degree from Harvard University, Martin Luther King, Jr. said, ‘‘We can all be package to clients interested in homeowner- again in the top group of his class. great because we can all serve.’’ David H. ship, NHSGC is also one of the leading pro- Madam Speaker, Dr. Julian also overcame Brune answered his call to community service viders of rehab services and loan products. adversity in his private life. His home in the

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E246 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2007 all-white neighborhood of Oak Park in Chicago HONORING PARKER ANNEX These two programs are the bedrock of was firebombed. He refused to move from the ELEMENTARY SCHOOL community involvement in ending the cycle of area, determined to break down the walls of violence that plagues our cities. segregation around him. An activist for civil HON. RUSH D. HOLT Weed and Seed is an innovative, com- rights he composed and delivered numerous OF NEW JERSEY prehensive, multi-agency approach to law en- speeches in an effort to bring about equality IN THE HOUSE OF REPRESENTATIVES forcement, crime prevention, and community for African-Americans. revitalization. It is a true honor to support this resolution, Wednesday, January 31, 2007 It is a strategy that aims to prevent, control, H. Con. Res. 34, which honors the life of Dr. Mr. HOLT. Madam Speaker, I rise to recog- and reduce violent crime, drug abuse, and Percy Lavon Julian and recognizes his incred- nize and honor the outstanding achievements gang activity. ible accomplishments. of the fifth grade mathematics team at Parker The U.S. Attorney’s Office plays a leader- f Annex Elementary School in Trenton, New ship role in organizing local officials, commu- Jersey. nity representatives, and other key stake- HONORING DOUGLAS D. Recently, The Parker Annex Elementary holders. HAWTHORNE School’s fifth-grade ‘‘lsotope6NJ’’ team was Frankly, I am pleased the highest federal recognized as the #1 ranked mathematics prosecutor in the region is getting involved HON. EDDIE BERNICE JOHNSON team in the First In Math Online Program. To with the community he or she is prosecuting. OF TEXAS earn this distinction, they out-performed more These United States Attorneys work hard and IN THE HOUSE OF REPRESENTATIVES than 10,000 online teams comprised of do not want to see people in the system. 300,000 students from 30 other states. Led by Wednesday, January 31, 2007 Every Weed and Seed site is required to es- fifth-grade teacher Edward Butler, this extraor- tablish a Safe Haven, a multi-service center Ms. EDDIE BERNICE JOHNSON of Texas. dinary group of inner-city students overcame where many youth- and adult-oriented serv- Madam Speaker, it has been a distinct honor obstacles such as lack of computers at home ices are delivered. These are often housed in over the years to take note of the extraor- and a late start to this year’s competition to a school or community center. dinary valuable work done by Douglas D. become the top-ranked math team in the The main goal of Weed and Seed is pro- Hawthorne for the 30th Congressional District country. Additionally, Parker Annex teams moting the long-term health of communities. of Texas, the State of Texas and this Nation. ‘‘ember31NJ’’ and ‘‘music22NJ’’ are currently However, the funding for this worthy pro- Mr. Hawthorne, president and chief execu- ranked 2nd and 3rd in New Jersey, respec- gram has hit some rough spots in recent tive of Texas Health Resources was recog- tively. years. nized this fall, when he received the Greer I am delighted by the students’ achievement Funding for the program increased every Garson-E.E. Fogelson Humanitarian Award at and proud of Trenton, but I am not surprised year from its inception in 1993. the Greer Garson Gala. Mr. Hawthorne serves by what their collective will and substantial ef- In 2005, $62 million was appropriated. How- as a national role model through his leader- fort have achieved. This is the predictable re- ever, requested funding in subsequent years ship and unwavering commitment to helping sult of a community effort to invest in the po- fell to $50 million in 2006 and $49 million in people and furthering the awareness of Par- tential of its emerging minds. It showcases 2007. This is a program that works. kinson’s disease in our community. how motivated students, caring parents, dedi- We must continue the funding. Our cities For more than a decade, Mr. Hawthorne cated teachers, and committed school admin- need it. Our children need it. has conducted a ‘‘quite revolution’’’ in the istrators can cooperate to build a team that My resolution also discusses the positive treatment of Alzheimer. He helped establish represents not only its students’ best efforts aspects of the COPS Program. the APDA’s Parkinson’s Information and Re- but also an example of what makes Trenton a The community-oriented policing component ferral Center at Presbyterian Hospital of Dallas truly capital city. bridges the ‘‘weeding’’ and ‘‘seeding’’ ele- in 1990 and developed a relationship with the This laudable achievement also highlights ments of the Weed and Seed strategy. local chapter. why I have always been and continue to be an I think we all can agree that community- Hawthorne served as president and chief advocate for math and science education. based strategies for solving crime problems executive officer of Presbyterian Healthcare Math and science education in the elementary brings a sense of responsibility within the Resources from 1983 until the formation of grades is foundational to the growth of our community and help develop cooperative rela- Texas Health Resources in 1997. He is past New Jersey students and an academically lit- tionships between the police and residents. chairman of Dallas/Fort Worth Hospital Coun- erate citizenry. Inquiry-based science and Also, community policing embraces the two cil and the Texas Hospital Association (THA). math curricula are necessary to allow students key concepts of community engagement and In 1996, he received the Boone Powell Sr. to explore their world critically and experien- problem solving. Award of Excellence for distinguished hospital tially, which is shown to increase intrinsic moti- Having the community involved is the most administration by the Dallas/Fort Worth Hos- vation and further interest in science. important aspect to preventing crime and re- pital Council. In 1994, he received THA’s high- The success of the program at Parker moving our kids from the vicious cycle of vio- est award, The Earl M. Collier Award for Dis- Annex Elementary School is a tribute to the lence. tinguished Hospital Administration. He has students, faculty, administration, and the sci- chaired several American Hospital Association entific community. I applaud the success of When everyone gets involved, we all ben- (AHA) committees and is a former at-large team ‘‘lsotope6NJ’’ and wish the students of efit. member of AHA’s Board of Trustees. A Fellow Parker Annex continued success in their aca- The COPS Program has been an over- of the American College of Healthcare Execu- demic endeavors. whelming success. tives (ACHE), he received the Gold Medal COPS has funded more than 118,400 police f Award in 2002, ACHE Regent Senior Level officers and sheriff’s deputies. Health Care Executive Award in 1991 and INTRODUCTION OF H. RES. 110— COPS has funded more than 6,454 school served as Regent for Texas Greater Dallas/ SUPPORTING THE WEED AND resource officers and trained more than 9,158 Fort Worth area of the ACHE. In 2003, Mod- SEED AND COPS PROGRAMS school resource officers and school adminis- ern Healthcare magazine named Hawthorne trators. number 30 on its list of the ‘‘100 Most Power- HON. CORRINE BROWN COPS has funded large and small jurisdic- tions, in fact 87% of COPS grantees serve ful People in Health Care.’’ OF FLORIDA populations of less than 50,000. Madam Speaker, as one who has worked IN THE HOUSE OF REPRESENTATIVES closely with Alzheimer patients, I know that his That is a community benefiting from Cops efforts for battling this disease are unequaled Wednesday, January 31, 2007 on the beat. and he is certainly one of our community’s Ms. CORRINE BROWN of Florida. Madam However, this president does not see fit to great leaders. Therefore, Madam Speaker, I Speaker, I rise today to discuss legislation I in- fund this program. In fact, the Bush Adminis- rise with great pleasure to honor Douglas troduced, in support of the Community Ori- tration has not funded the COPS program for Hawthorne, on the occasion of his receiving ented Policing Services in the Department of the last few years. the Greer Garson-E.E. Fogelson Humanitarian Justice and the Weed and Seed program, led We can do better, and this resolution is a Award. by the United States Attorney’s Offices. good beginning.

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E247 RECOGNIZING THE LIFE AND LEG- strength of her character, remained humble ‘‘Coach of the Year.’’ In total, Coach Falconi ACY OF MRS. ROSA AGUIGUI despite having established a prominent, di- led the high school football team for 27 years REYES verse, and precedent setting legacy for herself and ended his coaching career as the second in the history of our island and in the hearts winningest coach in Mercer County history. HON. MADELEINE Z. BORDALLO of our people. Mrs. Reyes is an admirable role On Friday, February 9, 2007, the friends, OF GUAM model and her life will inspire future genera- family, and colleagues of Mr. Lou Falconi will IN THE HOUSE OF REPRESENTATIVES tions of leaders on Guam. come together to celebrate and honor his life’s I join the people of Guam in mourning the achievements and his commitment to the com- Wednesday, January 31, 2007 passing of Mrs. Rosa Aguigui Reyes and I munity. I plan to join them in thanking him for Ms. BORDALLO. Madam Speaker, I rise offer my condolences to her husband, Mr. his service and the positive impact he has had today to pay tribute to Mrs. Rosa Aguigui Ignacio Reyes, a former commissioner of on hundreds of kids in Farrell and throughout Reyes, the first woman to win election to pub- Merizo, and her children and grandchildren. I the Fourth Congressional District of Pennsyl- lic office on Guam. Her precedent setting elec- thank them for supporting her efforts to con- vania. tion broke through the ‘‘marble ceiling’’ present tribute to the betterment of Guam. They can f on Guam at that time. In doing so, she paved be proud of her achievements, and we share the way for other women—including me—to in their pride for her legacy. INTRODUCTION OF THE IRAQ POL- ICY REVITILIZATION AND CON- serve as elected leaders of our island’s com- f munity. Mrs. Reyes, elected to the Guam GRESSIONAL OVERSIGHT EN- Congress’s House of Assembly in 1946, HONORING PRIVATE FIRST CLASS HANCEMENT ACT passed away on January 29, 2007, at the age SHAWN FALTER of 91. HON. MADELEINE Z. BORDALLO Uniformed officers of the Department of the HON. MICHAEL A. ARCURI OF GUAM Navy were appointed by the President of the OF NEW YORK IN THE HOUSE OF REPRESENTATIVES United States to serve as Governor of Guam IN THE HOUSE OF REPRESENTATIVES Wednesday, January 31, 2007 for the period immediately following the libera- tion of Guam from enemy occupation. The bi- Wednesday, January 31, 2007 Ms. BORDALLO. Madam Speaker, I rise cameral Congress on Guam served at this Mr. ARCURI. Madam Speaker, I rise today today to introduce H.R. 744, the Iraq Policy time as an advisory body to the governor. to pay tribute to PFC Shawn Falter, who gave Revitalization and Congressional Oversight Members of the Guam Congress were bona his life in service to our Nation on Saturday, Enhancement Act. This bill is a modified fide representatives of their constituents but January 20 in Karbala, Iraq. version of H.R. 5630, the Iraq Congressional possessed no legislative powers. Shawn grew up in the town of Homer, NY, Oversight Enhancement Act, which I intro- Mrs. Reyes, by standing for election to and was a dedicated and loving son, brother duced on June 16, 2006, during the 109th Guam’s Congress, defied convention. Govern- and friend to many. As a student at Homer Congress. ance on Guam was considered a male prerog- High School, Shawn excelled both on the field H.R. 744 expresses strong, continued sup- ative. Mrs. Reyes, to her credit and to the and in the classroom. He was a hard-working port for United States military and civilian per- benefit of all of us who came after her, stood student, a natural leader, and a selfless friend sonnel deployed to Iraq and serving world- for office so that the voices of Guam’s women who could light up a room with impeccable wide in support of the mission in that country. could be heard, and they were. Mrs. Reyes timing. We owe these individuals a debt of gratitude served with honor and distinction. Her service Shawn enlisted in the U.S. Army in August that is simply un-payable. remains as an inspiration for me and so many 2005, following in the footsteps of his three Section two of H.R. 744 provides a select other women on Guam. older brothers. He was assigned to the 2nd catalog of major events that have shaped Op- Mrs. Reyes, born in the village of Merizo on Battalion, 377th Parachute Field Artillery Regi- eration Iraqi Freedom. This section of the bill February 7, 1915, was not only a politician. In ment, 4th Brigade Combat Team, 25th Infantry is not operative but is important to the context fact, she was among the first group of teach- Division deployed out of Fort Richardson, AK. through which this bill should be reviewed. ers trained at the College of Guam. She grad- Sadly, Shawn was killed during an ambush in Section three of this bill provides a com- uated with an associate’s degree in education Karbala, Iraq earlier this week in support of prehensive set of policy statements that would in 1954. Mrs. Reyes, however, possessed sig- Operation Iraqi Freedom. express grave concerns with the fact that the nificant experience as a classroom teacher Shawn was truly an exemplary American Government of Iraq, at the present time, ap- well before her earning of her degree. Mrs. who served his country bravely. Our Nation is pears to be incapable or unwilling to govern in Reyes began teaching at Merizo Martyrs Ele- blessed to have dedicated, talented men and a unified manner in the interest of all Iraqis. mentary School in 1933. She taught there for women like Shawn Falter fighting to protect us That is, the bill would express Congress’s con- 31 years. She also served for 11 years as and others around the world. cern that representatives of the various, promi- principal of F.Q. Sanchez Elementary School Madam Speaker, I ask my colleagues to join nent parties in Iraq use their government of- in the village of Umatac before retiring from me in honoring PFC Shawn Falter, along with fices, public resources, ministry employment the Guam Public School System. all of the other brave Americans who have opportunities under their control, and certain Mrs. Reyes also worked as the principal re- made the ultimate sacrifice for our country. units of Iraqi Security Forces, in addition to search assistant to the late Dr. Laura Thomp- f their political militias, vigilante, and criminal son, an anthropologist who authored studies groups, to seek to achieve their party’s indi- about Chamorro culture and history before TRIBUTE TO MR. LOU FALCONI vidual, parochial, biased, and competing polit- and after World War II. Dr. Thompson re- ical, economic and security objectives, in order turned to Guam shortly after the war to con- HON. JASON ALTMIRE to bolster their party’s political, economic, and duct continued research on Guam’s culture OF PENNSYLVANIA military power in and influence throughout and to determine what effects and impacts the IN THE HOUSE OF REPRESENTATIVES Iraq. This bill would express grave concern years of occupation during the war had on the that the inability or unwillingness of the Gov- Chamorro people. Mrs. Reyes and Dr. Thomp- Wednesday, January 31, 2007 ernment of Iraq to govern in moderate terms son enjoyed a joyful reunion in 1987, when Dr. Mr. ALTMIRE. Madam Speaker, I rise today contributes to violence against United States Thompson made her final trip to Guam. to pay tribute to one of my constituents, Mr. servicemembers and Coalition forces, creates Mrs. Reyes was enrolled in the Guam Edu- Lou Falconi, who recently retired after 33 barriers to national reconciliation in Iraq, and cators’ Hall of Fame in 1983, in recognition of years at Farrell High School. I wish to recog- impedes the expeditious completion of Oper- her legacy as an educator, her contributions to nize Mr. Falconi for his service to the Farrell ation Iraqi Freedom and the return of our the study of Chamorro history and culture, and Area School District both as a teacher and a servicemembers to their peacetime duty sta- her courage and leadership in teaching us that football coach. tions. Section three of the bill raises significant women can rightfully and ably serve in elected Mr. Falconi took over the high school foot- issues regarding the reliability of the Govern- public office. She remained committed to serv- ball program at Farrell in 1980. Over the ment of Iraq that should be reviewed and con- ing her church and its community activities course of his legendary career, he led the sidered as Congress proceeds in its review of throughout her life. Her interest in cultural team to three appearances in the State finals, current United States policy toward Iraq. preservation and in traditional arts also never winning two State championships. Amazingly, H.R. 744 also would enhance our ability to waned. Mrs. Reyes, as evidence of the he has been honored eight separate times as engage in more detailed, coordinated, and

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E248 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2007 better informed oversight of activities with re- which was recently elected, will be the third identify specifically which problems at and be- spect to Iraq. The provisions of section four of consecutive Congress responsible for pro- tween each level of governance in Iraq and this bill would first consolidate existing, over- viding oversight of this war. Recent com- among the various pillars of our activities there lapping congressional reporting requirements. mentary notes Congress’s record of oversight are necessary and possible for us to solve in Section four of H.R. 744 would provide for a of Iraq is not one with which we should be sat- order to complete Operation Iraqi Freedom. unique, comprehensive and focused analytical isfied. Our oversight of Iraq must be improved, The bill also would require the President to model around which future reporting to Con- and soon. identify the programs, projects and activities gress by the Administration can be organized. We are leaders with the responsibility, au- utilized to achieve these vital measures and That is, this bill would require from the Presi- thority, and ability to act. We are leaders other benchmarks. Moreover, H.R. 744 would dent a single, regular, consolidated and com- whose actions or inactions will have impacts— require the President to provide regular, con- prehensive report that more exactly defines either positive or negative—that will span not solidated and comprehensive reporting to the political, economic, security, infrastructure, only two-year election cycles, but also dec- Congress on the progress toward achieving and governance capacity building benchmarks ades and possibly generations. We are lead- these benchmarks. But while requiring this that are necessary and possible for United ers who history will judge not just by the specific information H.R. 744 also provides the States military and civilian personnel to power of our words, but also by the wisdom President flexibility to adjust or modify the achieve at the various levels of government in and courage of our actions. The seriousness benchmarks should events on the ground ne- Iraq in order to complete Operation Iraqi Free- of the situation in Iraq should compel this body cessitate that such adjustments or modifica- dom. The information contained in such a re- to place a renewed emphasis on revitalizing tions be made. Under the provisions of H.R. port also would include whether programs and United States-Iraq policy and enhancing Con- 744, however, the President would be required projects that are essential to achieving those gressional oversight of Operation Iraqi Free- to provide detailed justification material to benchmarks are being executed; whether dom. Support for H.R. 744 will go far toward Congress to support adjustments or modifica- those programs and projects are successful achieving these objectives. tions made to the benchmarks. H.R. 744 recognizes the complex and inter- toward achieving those ends; and whether As I noted in my introductory statement for dependent nature of the challenges Coalition gaps exist. The report pursuant to section four H.R. 5630 in the 109th Congress, three legis- forces, civilian personnel and the Government of H.R. 744, moreover, would include a com- lative initiatives of the immediate previous of Iraq face today. That is, each level of gov- prehensive intelligence assessment of Iraq. Congress have required reports along these ernment in Iraq—national, national capital city, Furthermore, and notably, the report would in- lines. These reports, provided to Congress by regional, provincial, provincial capital, and mu- clude sections that provide the President the the Secretary of Defense, contain useful infor- nicipal—experiences both shared and unique, opportunity to justify why he did not adopt and mation. But, when taken together, the require- and both isolated and interrelated political, implement any of the recommendations made ments and the content of these reports may economic, security, infrastructure, and govern- by the Iraq Study Group. not be sufficient for this Congress to fully exer- ance capacity development challenges. The Section five of H.R. 744 would require that cise its oversight responsibilities pertaining to fact that, in some cases, difficult, contentious, the President utilize—to the extent possible— this war. A single report to provide a clear and or inefficient relationships between the central the benchmarks he reports to Congress as a full account of what is necessary and possible government in Baghdad and the regional and foundation for a multilateral agreement be- for the United States to achieve in Iraq—at the various provincial governments exist adds an tween the United States, Coalition countries, various levels of government within Iraq; what additional level of complexity to establishing the Government of Iraq, regional countries, the United States Armed Forces and civilian good and effective governance in Iraq. Iraq where appropriate, and relevant multilateral or- personnel are tasked with in order to achieve also is home to individuals of various ganizations to help stabilize Iraq. Countries in those objectives; and where they are in the ethnicities—such as Arabs, Kurds, Turcoman, the region and the international community process of achieving them, would go far to- Assyrians, and others—who ascribe to various need to be more fully engaged and partici- ward ensuring Congress has the information it religions—such as Sunni or Shia Islam, Chris- pating in the effort to stabilize Iraq. Kuwait, needs to best fulfill its Constitutional respon- tianity, Yezidi, and others—and who speak a Saudi Arabia, Jordan, Turkey and others sibilities. H.R. 744 would consolidate the exist- variety of languages—such as Arabic, Kurdish, among the international community should ing reporting requirements into a single report- Assyrian, and Armenian. Some of Iraq’s prov- have a strong interest in a stable Iraq and we ing requirement of this nature. should welcome and encourage their further inces are largely homogenous, such as Erbil, involvement in the process of stabilizing Iraq. Sulaymaniyah, Basra, or Anbar. Others con- The setting of benchmarks is not an easy Engaging Syria and Iran with regard to Iraq tain a combination of demographic groups task to accomplish. But it is one that must be policy is a serious issue. It is an issue that re- such as Kirkuk, Nineweh and Babil. Still oth- accomplished. The setting of benchmarks quires vigorous and thorough debate. A wide ers, such as Baghdad, contain a mix of all of alone, however, is not enough. Programs and range of opinions on the issue of engagement the groups. This ethnic, religious, and cultural projects must be implemented to achieve with Syria and Iran with regard to Iraq may variety creates complex political, economic, them. H.R. 744 would require the President to exist. For this reason, an effort toward reach- security, governance, and social challenges on use these benchmarks as the foundation for a ing consensus on this issue should be pur- the ground in Iraq. And it is within these levels multilateral agreement to further provide for sued. It is because of the lack of consensus of government in Iraq, in these cities and com- the completion of Operation Iraqi Freedom. An on this issue that I have written into H.R.744 munities and among these diverse ethnic international agreement of this kind is needed the conditioning phrase—‘‘(where appro- groups, and against these political, economic, because some of Iraq’s key problems are un- priate)’’—in the provisions that would direct security, governance, and social complexities deniably international in nature; and they be- the President to engage regional countries. and challenges that our servicemembers and come more so—not less so—as each day H.R. 744 would not set a timeline or dead- civilian personnel serving in Iraq work to de- passes. line for the withdrawal of troops from Iraq. The velop that country politically, economically, An international agreement as urged by sec- bill also is silent on whether the President and infrastructure and security-wise, as well tion five of this Act will help bring renewed should increase the numbers of troops in Iraq as work to build governance capacity at each focus to and enhanced international coopera- or should initiate a phased withdrawal of of the levels of government in Iraq. Their mis- tion toward resolving Iraq’s problems. Second, forces from Iraq. But H.R. 744 would express sion is a difficult, varied, and complicated one. it will help reaffirm the existence of a united grave concern that prolonged commitment of It is one that is vastly more complicated and front against elements that seek to destabilize United States Armed Forces to Iraq may ad- complex than recent congressional debate and Iraq, and thus bring added pressure to bear versely affect the overall readiness of our mili- congressional oversight efforts would reveal. on those actors. Third, this agreement would tary and hamper its ability to provide adequate And both must be brought more into line with provide for the formation of a forum in which resources to Operation Enduring Freedom in the realities that our personnel on the ground current and future regional security, political, Afghanistan and to other contingencies around in Iraq face daily. and economic issues regarding Iraq’s contin- the world. Lastly, H.R. 744 does not dictate to It is not within our capacity to solve all of ued development can be discussed and ad- the President the terms of completion for the Iraq’s problems, nor is solving all of them nec- dressed. The establishment and maintenance mission in Iraq. essary to honorably and expeditiously com- of conciliatory relations between Iraq, its The war in Iraq is approaching its fourth plete the mission in Iraq and to bring our neighbors, regional states and the inter- year. The year 2007 will be perhaps the most troops home. Solving the key problems, how- national community is essential to stabilizing challenging and critical year to date for Oper- ever, is essential to completing the mission in Iraq internally. The agreement called for by ation Iraqi Freedom. The 110th Congress, Iraq. H.R. 744 would require the President to this legislative proposal, if successful, could be

VerDate Aug 31 2005 01:28 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\RECORD07\E01FE7.REC E01FE7 hmoore on PRODPC68 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E249 utilized and expanded to form the founda- and our allies must achieve in Iraq in order to they are residents of Guam, cannot vote for tion—or beginnings—of a lasting regional se- complete Operation Iraq Freedom is needed. I their Commander-in Chief. Introducing legisla- curity arrangement. H.R. 744 would require also believe that our service in this body is tion to revitalize Iraq policy and enhance Con- the President to report regularly on the never more consequential than it is when our gressional oversight of Operation Iraqi Free- progress toward implementing such an agree- troops are in harm’s way. Debate regarding dom represents a good faith effort on my part ment. issues of war and peace deserve sober reflec- to fulfill my obligation to serve those who are As I noted in my introductory statement for tion, reasoned thinking, critical focus, and bal- serving us in defense of our freedoms. H.R. 5630 in the 109th Congress, I am a anced perspective. Having this debate and member of the Committee on Armed Services conducting oversight in this manner is an insti- Finding an achievable, expeditious, and and I have traveled to Iraq eight times since tutional responsibility for the House of Rep- honorable way to complete Operation Iraqi taking office in 2003. These trips have allowed resentatives. But it also is a personal respon- Freedom should be a primary goal for all of me to observe our operations in Iraq and to sibility for each of us as representatives of our us. We owe this to those who have sacrificed personally speak with our commanders, constituents. The continued sacrifices made so much for this mission. But the situation in servicemembers, and civilian personnel in the by our military and civilian personnel serving Iraq will not yield a solution easily. Neverthe- field. I have also had the opportunity to speak in support of Operation Iraqi Freedom, those less, we must endeavor to find one. In doing with Iraqi leaders during these visits. As a re- made by Coalition personnel, and those made so we will be helping shape in the best way sult, I have learned a great deal about the ac- by Iraqi patriots only further reinforce the need possible the legacy future generations of complishments made in Iraq to date. I have to elevate our discussion on the merits of and also learned of the many challenges that re- the challenges associated with what remains Americans will inherit and the one we will main there. This legislation would provide us of the mission in Iraq. have to defend to history. I am confident that the information we need to make better in- I do not have the privilege of a full vote on the provisions of H.R. 744 will help toward formed decisions on policy with regard to Iraq. the floor of the House of Representatives. And achieving these ends. I respectfully request I believe that an honest and open exchange I represent American citizens serving in the that my colleagues review and consider the of views on the substance of what our country United States Armed Forces who, because provisions of this legislative proposal.

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HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate National School Counseling Week: Committee on Chamber Action the Judiciary was discharged from further consider- Routine Proceedings, pages S1469–S1543 ation of S. Res. 23, designating the week of February Measures Introduced: Seventeen bills and six reso- 5 through February 9, 2007, as ‘‘National School lutions were introduced, as follows: S. 471–487, S. Counseling Week’’, and the resolution was then Res. 64–68, and S. Con. Res. 8. Pages S1521–22 agreed to. Page S1542 Measures Reported: Honoring the Life of Percy Lavon Julian: Senate S. Res. 64, authorizing expenditures by the Com- agreed to H. Con. Res. 34, honoring the life of mittee on Foreign Relations. Page S1521 Percy Lavon Julian, a pioneer in the field of organic chemistry research and development and the first Measures Passed: and only African American chemist to be inducted Fair Minimum Wage: By 94 yeas to 3 nays into the National Academy of Sciences. Page S1542 (Vote No. 42), Senate passed H.R. 2, to amend the Iraq Resolution: Senate began consideration of the Fair Labor Standards Act of 1938 to provide for an motion to proceed to consideration of S. Con. Res. increase in the Federal minimum wage, as amended. 2, expressing the bipartisan resolution on Iraq. Pages S1483, S1488–S1512 Pages S1512–13 Small Business Act and Small Business Invest- During consideration of this measure today, Senate ment Act: Committee on Small Business and Entre- also took the following action: preneurship was discharged from further consider- By a unanimous vote of 97 nays (Vote No. 43), ation of H.R. 434, to provide for an additional tem- three-fifths of those Senators duly chosen and sworn, porary extension of programs under the Small Busi- not having voted in the affirmative, Senate rejected ness Act and the Small Business Investment Act of the motion to close further debate on the resolution. 1958 through July 31, 2007, and the bill was then Page S1512 passed, after agreeing to the following amendment Iraq Sense of Congress—Cloture: Senate began proposed thereto: Pages S1539–40, S1543 consideration of the motion to proceed to consider- Reid (for Kerry/Snowe) Amendment No. 229, in ation of S. 470, to express the sense of Congress on the nature of a substitute. Page S1543 Iraq. Page S1513 Honoring Reverend Robert F. Drinan, S.J.: Sen- A motion was entered to close further debate on ate agreed to S. Res. 66, honoring the life, achieve- the motion to proceed to consideration of the bill ment, and distinguished career of the Reverend Rob- and, notwithstanding the provisions of Rule XXII of ert F. Drinan, S.J. Pages S1540–41 the Standing Rules of the Senate, and pursuant to Go Direct Month: Senate agreed to S. Res. 67, the unanimous-consent agreement of Thursday, Feb- designating March 2007 as ‘‘Go Direct Month’’. ruary 1, 2007, a vote on cloture will occur at 5:30 Pages S1541–42 p.m., on Monday, February 5, 2007; and that if clo- Miss America Organization: Senate agreed to S. ture is invoked on the motion to proceed to the bill, Res. 68, commending the Miss America Organiza- it be in order to file cloture on the bill before close tion for its longstanding commitment to quality of business on Tuesday, February 6, 2007. education and the character of women in the United Page S1513 States. Page S1542 D127

VerDate Aug 31 2005 03:33 Feb 02, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D01FE7.REC D01FEPT1 mstockstill on PROD1PC62 with DIGEST D128 CONGRESSIONAL RECORD — DAILY DIGEST February 1, 2007 A unanimous-consent agreement was reached pro- viding that Senate resume consideration of the mo- Committee Meetings tion to proceed to consideration of the bill at 4:00 (Committees not listed did not meet) p.m., on Monday, February 5, 2007. Pages S1542–43 Nominations Confirmed: Senate confirmed the fol- NOMINATION lowing nominations: Committee on Armed Services: Committee concluded a By unanimous vote of 97 yeas (Vote No. EX. 40), hearing to examine the nomination of Gen. George Lawrence Joseph O’Neill, of California, to be United W. Casey Jr., USA, for reappointment to the grade States District Judge for the Eastern District of Cali- of general and to be Chief of Staff, United States fornia. Pages S1479–82, S1543 Army, after the nominee testified and answered By unanimous vote of 99 yeas (Vote No. EX. 41), questions in his own behalf. Gregory Kent Frizzell, of Oklahoma, to be United States District Judge for the Northern District of DEFICIT AND FOREIGN DEBT Oklahoma. Pages S1478–83, S1543 Committee on the Budget: Committee concluded a hear- Valerie L. Baker, of California, to be United States ing to examine the current account deficit and the District Judge for the Central District of California. foreign debt of the United States, after receiving tes- Pages S1479–82, S1543 timony from C. Fred Bergsten, and William R. Irving A. Williamson, of New York, to be a Cline, both of Peterson Institute for International member of the United States International Trade Economics, Washington, D.C.; and David R. Commission for the term expiring June 16, 2014. Malpass, New York, New York. Pages S1540, S1543 Dean A. Pinkert, of Virginia, to be a Member of BUSINESS MEETING the United States International Trade Commission Committee on the Budget: On January 31, 2007, Com- for the term expiring December 16, 2015. mittee ordered favorably reported an original resolu- Pages S1540, S1543 tion (S. Res. 52) authorizing expenditures by the Michael J. Astrue, of Massachusetts, to be Com- Committee and adopted its rules of procedure for the missioner of Social Security for a term expiring Janu- 110th Congress. ary 19, 2013. Pages S1540, S1543 COMMUNICATIONS MARKETPLACE Measures Placed on the Calendar: Pages S1470, S1521 Committee on Commerce, Science, and Transportation: Committee concluded a hearing to examine a view Executive Communications: Page S1521 from the Federal Communications Commission relat- Executive Reports of Committees: Page S1521 ing to assessing the communications marketplace, fo- cusing on telecommunications, media, consumer pro- Additional Cosponsors: Pages S1522–23 tection, and enhancing public safety, after receiving Statements on Introduced Bills/Resolutions: testimony from Kevin J. Martin, Chairman, and Mi- Pages S1523–39 chael J. Copps, Jonathan S. Adelstein, Deborah Tay- Additional Statements: Pages S1519–21 lor Tate, and Robert M. McDowell, each a Commis- sioner, all of the Federal Communications Commis- Amendments Submitted: Page S1539 sion. Authorities for Committees to Meet: Page S1539 Privileges of the Floor: Page S1539 BUSINESS MEETING Record Votes: Four record votes were taken today. Committee on Commerce, Science, and Transportation: On January 31, 2007, Committee ordered favorably re- (Total—43) Pages S1482, S1483, S1499–S1500, S1512 ported an original resolution (S. Res. 58) authorizing Adjournment: Senate convened at 10 a.m., and ad- expenditures by the Committee. journed at 7:43 p.m., until 2 p.m., on Monday, Feb- ruary 5, 2007. (For Senate’s program, see the re- TRANSPORTATION BIOFUELS marks of the Majority Leader in today’s Record on Committee on Energy and Natural Resources: Committee page S1543.) concluded a hearing to examine accelerated biofuels diversity, focusing on ways home-grown biologically derived fuels can blend into the nation’s transpor- tation fuel mix, after receiving testimony from sun- dry public witnesses.

VerDate Aug 31 2005 03:33 Feb 02, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D01FE7.REC D01FEPT1 mstockstill on PROD1PC62 with DIGEST February 1, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D129 CHIP sonnel Management’s efforts to expand the use of Committee on Finance: Committee concluded a hearing Health Information Technology through the Federal to examine improving the health of America’s chil- Employees Health Benefits Program and the impact dren relating to the future of the Children’s Health such actions have on Federal employees’ health infor- Insurance Program (CHIP), focusing on State experi- mation privacy, after receiving testimony from Rob- ences in implementing CHIP and issues to consider ert Kolodner, Interim National Coordinator, Office before its reauthorization, after receiving testimony of the National Coordinator for Health IT, Depart- from Kathryn G. Allen, Director, Health Care, Gov- ment of Health and Human Services; Daniel A. ernment Accountability Office; Georgia Governor Green, Deputy Associate Director, Center for Em- Sonny Perdue, Atlanta, on behalf of the Southern ployee and Family Support Policy, Office of Per- Governors’ Association; Anita Smith, Iowa Depart- sonnel Management; David A. Powner, Director, In- ment of Human Services, Des Moines; Cindy Mann, formation Technology Management Issues, Govern- Georgetown University Health Policy Institute Cen- ment Accountability Office; Mark A. Rothstein, ter for Children and Families, Washington, D.C.; University of Louisville School of Medicine Institute and Craig Bedford, Kim Lee Bedford, and Job Tim- for Bioethics, Health Policy and Law, Louisville, othy Bedford, all of Baltimore, Maryland. Kentucky; and Carol C. Diamond, Markle Founda- tion, New York, New York. BUSINESS MEETING NOMINATION Committee on Foreign Relations: Committee ordered fa- vorably reported an original resolution (S. Res. 64) Committee on Indian Affairs: Committee ordered favor- authorizing expenditures by the Committee during ably reported the nomination of Carl Joseph Artman, the 110th Congress. of Colorado, to be Assistant Secretary of the Interior for Indian Affairs. IRAQ: STRATEGIC CONTEXT Prior to this action, committee concluded a hear- Committee on Foreign Relations: Committee concluded ing to examine the nomination of Carl Joseph a hearing to examine securing America’s interests in Artman, of Colorado, to be Assistant Secretary of the Iraq, focusing on the remaining options in Iraq in Interior for Indian Affairs, after the nominee testified the strategic context, after receiving testimony from and answered questions in his own behalf. Lieutenant General Brent Scowcroft, USAF (Ret.), BUSINESS MEETING Scowcroft Group, and Zbigniew Brzezinski, Center for Strategic and International Studies, both of Committee on Veterans Affairs: On January 31, 2007, Washington, D.C., both a former National Security Committee approved for reporting an original resolu- Advisor. tion (S. Res. 55) authorizing expenditures by the Committee and adopted its rules of procedure for the BUSINESS MEETING 110th Congress. Committee on Homeland Security and Governmental Af- NOMINATION fairs: On January 31, 2007, Committee ordered fa- vorably reported an original resolution (S. Res. 60) Select Committee on Intelligence: Committee concluded a authorizing expenditures by the Committee. hearing to examine the nomination of J. Michael McConnell, of Virginia, to be Director of National PRIVATE HEALTH RECORDS Intelligence, after the nominee, who was introduced Committee on Homeland Security and Governmental Af- by Senator Warner, testified and answered questions fairs: Subcommittee on Oversight of Government in his own behalf. Management, the Federal Workforce, and the Dis- f trict of Columbia concluded an oversight hearing to examine privacy implications of the Federal govern- COMMITTEE MEETINGS FOR FRIDAY, ment’s health information technology initiative relat- FEBRUARY 2, 2007 ing to private health records, focusing on the efforts (Committee meetings are open unless otherwise indicated) of Department of Health and Human Services to in- tegrate privacy into the Health Information Tech- Senate nology national infrastructure and Office of Per- No meetings/hearings scheduled.

VerDate Aug 31 2005 03:33 Feb 02, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D01FE7.REC D01FEPT1 mstockstill on PROD1PC62 with DIGEST D130 CONGRESSIONAL RECORD — DAILY DIGEST February 1, 2007 House of Representatives February 8, Full Committee, to hold hearings to exam- Chamber Action ine the present and future of public safety communica- The House was not in session today. The House tions, 10 a.m., SR–253. will meet at 2 p.m. on Monday, February 5, 2007, Committee on Energy and Natural Resources: February 7, pursuant to the provisions of H. Con. Res. 41. to hold hearings to examine the President’s proposed budget request for fiscal year 2008 for the Department of Energy, 9:30 a.m., SD–366. February 8, Full Committee, to hold hearings to exam- Committee Meetings ine issues relating to labor, immigration, law enforce- No committee meetings were held. ment, and economic conditions in the Commonwealth of f the Northern Mariana Islands, 9:30 a.m., SD–366. Committee on Environment and Public Works: February 6, CONGRESSIONAL PROGRAM AHEAD to hold an oversight hearing to examine recent Environ- mental Protection Agency decisions, focusing on EPA ac- Week of February 5 through February 9, 2007 tions and documents, including monitoring regulations related to perchlorate, the process for setting National Senate Chamber Ambient Air Quality Standards (NAAQS), the lead NAAQS process, air toxics control (the ‘‘once in always On Monday, at 4 p.m., Senate will resume consid- in’’ policy), the Toxic Release Inventory, and EPA library eration of the motion to proceed to consideration of closures, 10 a.m., SD–406. S. 470, Iraq Sense of Congress and vote on the mo- Committee on Finance: February 6, to hold hearings to tion to invoke cloture thereon at 5:30 p.m. examine the President’s Fiscal Year 2008 budget pro- During the balance of the week, Senate may con- posal, 2:45 p.m., SD–215. sider any cleared legislative and executive business. February 7, Full Committee, to hold hearings to exam- ine the President’s Fiscal Year 2008 budget proposal, 10 Senate Committees a.m., SD–215. Committee on Foreign Relations: February 6, Sub- (Committee meetings are open unless otherwise indicated) committee on African Affairs, to hold hearings to exam- Committee on Agriculture, Nutrition, and Forestry: Feb- ine a comprehensive stabilization, reconstruction and ruary 7, to hold hearings to examine the United States counter-terrorism strategy for Somalia, 10 a.m., SD–628. Department of Agriculture farm bill proposal, 9:45 a.m., February 8, Full Committee, to hold hearings to exam- SD–106. ine the President’s foreign affairs budget, 9 a.m., Committee on Appropriations: February 8, Subcommittee SD–106. on Transportation, Treasury, the Judiciary, and Housing Committee on Health, Education, Labor, and Pensions: Feb- and Urban Development, and Related Agencies, to hold ruary 8, to hold hearings to examine No Child Left Be- hearings to examine the President’s budget request for hind reauthorization, focusing on strategies that promote Fiscal Year 2008 for the Department of Transportation, school improvement, 10 a.m., SH–216. 9:30 a.m., SD–138. Committee on Indian Affairs: February 8, business meet- Committee on Armed Services: February 6, to hold hear- ing to consider pending calendar business; to be followed ings to examine the President’s budget request for fiscal by an oversight hearing on diabetes in Indian Country, year 2008 and the fiscal years 2007 and 2008 war supple- focusing on the Special Diabetes Program for Indians, mental requests in review of the Defense Authorization 9:30 a.m., SR–485. Request for Fiscal Year 2008 and the Future Years De- Committee on the Judiciary: February 5, Subcommittee on fense Program, 9:30 a.m., SH–216. Human Rights and the Law, to hold hearings to examine Committee on Banking, Housing, and Urban Affairs: Feb- genocide and the rule of law, 3 p.m., SD–226. ruary 7, to hold hearings to examine predatory lending February 6, Full Committee, to hold hearings to exam- practices and home foreclosures, 10 a.m., SD–538. ine if the Department of Justice is politicizing the hiring Committee on the Budget: February 6, to hold hearings to and firing of U.S. attorneys relating to preserving pros- examine war costs, 10 a.m., SD–608. ecutorial independence, 9:30 a.m., SD–226. February 7, Full Committee, to hold hearings to exam- February 6, Full Committee, to hold hearings to exam- ine the President’s Fiscal Year 2008 budget proposal, 10 ine the nominations of John Preston Bailey, to be United a.m., SD–608. States District Judge for the Northern District of West February 8, Full Committee, to hold hearings to exam- Virginia, and Otis D. Wright II, and George H. Wu, ine the President’s Fiscal Year 2008 budget and revenue each to be United States District Judge for the Central proposals, 10 a.m., SD–608. District of California, 2:30 p.m., SD–226. Committee on Commerce, Science, and Transportation: Feb- February 8, Full Committee, business meeting to con- ruary 7, to hold hearings to examine climate change re- sider the nominations of Norman Randy Smith, of Idaho, search and scientific integrity, 10 a.m., SR–253. to be United States Circuit Judge for the Ninth Circuit,

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Marcia Morales Howard, of Florida, to be United States February 9, Subcommittee on Military Construction, District Judge for the Middle District of Florida, and Veterans’ Affairs, and Related Agencies, on Quality of John Alfred Jarvey, of Iowa, to be United States District Life, 9:30 a.m., H–143 Capitol. Judge for the Southern District of Iowa, S. 188, to revise Committee on Armed Services, February 7, hearing on the the short title of the Fannie Lou Hamer, Rosa Parks, and Fiscal Year 2008 National Defense Budget Request from Coretta Scott King Voting Rights Act Reauthorization the Department of Defense, 9:30 a.m., 2118 Rayburn. and Amendments Act of 2006, S. 214, to amend chapter February 8, Subcommittee on Seapower and Expedi- 35 of title 28, United States Code, to preserve the inde- tionary Forces, hearing on acquisition oversight of the pendence of United States attorneys, S. 316, to prohibit U.S. Navy’s Littoral Combat System, 3 p.m., 2212 Ray- brand name drug companies from compensating generic burn. drug companies to delay the entry of a generic drug into Committee on the Budget, February 6, hearing on the the market, S. 236, to require reports to Congress on President’s Fiscal Year 2008 Budget, 10 a.m., 210 Can- Federal agency use of data mining, S. Res. 23, desig- non. nating the Week of February 5 through February 9, February 7, hearing on the Treasury Department Fiscal 2007, as ‘‘National School Counseling Week,’’ S. Res. 36, Year 2008 Budget, 10 a.m., 210 Cannon. honoring women’s health advocate Cynthia Boles Dailard, Committee on Education and Labor, February 7, hearing S. Res. 37, designating March 26, 2007 as ‘‘National on Strengthening America’s Middle Class: Finding Eco- Support the Troops Day’’ and encouraging the people of nomic Solutions to Help America’s Families, 10:30 a.m., the United States to participate in a moment of silence 2175 Rayburn. to reflect upon the service and sacrifice of members of the February 8, Subcommittee on Health, Employment, Armed Forces both at home and abroad, and S. Con. Res. Labor and Pensions, hearing on Strengthening America’s 5, honoring the life of Percy Lavon Julian, a pioneer in Middle Class Through the Employee Free Choice Act, the field of organic chemistry and the first and only Afri- 10:30 a.m., 2175 Rayburn. can-American chemist to be inducted into the National Committee on Energy and Commerce, February 6, hearing Academy of Sciences, 10 a.m., SD–226. entitled ‘‘A Review of the Department of Health and Committee on Rules and Administration: February 7, to Human Services’ Fiscal Year 2008 Budget,’’ 10 a.m., hold hearings to examine the hazards of electronic voting, 2123 Rayburn. focusing on the machinery of democracy, 10 a.m., Committee on Financial Services, February 6, hearing enti- SR–301. tled ‘‘Federal Housing Response to Hurricane Katrina,’’ Select Committee on Intelligence: February 6, to hold closed 10 a.m., 2128 Rayburn. hearings to examine certain intelligence matters, 2:30 February 7, hearing entitled ‘‘Committee on Foreign p.m., SH–219. Investment in the United States (CFIUS), One Year After February 7, Full Committee, to hold closed hearings to Dubai Ports World,’’ 10 a.m., 2128 Rayburn. examine certain intelligence matters, 2:30 p.m., SH–219. Committee on Foreign Affairs, February 7, hearing on February 8, Full Committee, to hold closed hearings to International Relations Budget for Fiscal Year 2008, 10 examine certain intelligence matters, 2:30 p.m., SH–219. a.m., 2172 Rayburn. February 8, hearing on The Escalating Crisis in Darfur: House Committees Are There Any Prospects for Peace? 10:30 a.m., 2172 Rayburn. Committee on Appropriations, February 6, Subcommittee Committee on Homeland Security, February 6, Sub- on Homeland Security, on Major Management Challenges committee on Transportation and Infrastructure, hearing Facing the Department of Homeland Security in Imple- entitled ‘‘Update on Federal Rail and Public Transpor- menting Legislated and Other Security Improvements, 10 tation Security Efforts,’’ 10 a.m., 311 Cannon. a.m., 2362A Rayburn. February 7, full Committee, hearing entitled ‘‘An February 7, Subcommittee on Homeland Security, on Overview of Issues and Challenges Facing the Department Using Risk to Determine Homeland Security Invest- of Homeland Security,’’ 1 p.m., 311 Cannon. ments, 10 a.m., 2358 Rayburn. Committee on the Judiciary, February 8, Subcommittee on February 8, Subcommittee on Agriculture, Rural De- Crime, Terrorism, and Homeland Security, hearing on the velopment, Food and Drug Administration, and Related following bills: H.R. 660, To amend title 18, United Agencies, on Food Safety: Shedding Light on a Broken States Code, to protect judges, prosecutors, witnesses, vic- System, 1 p.m., 2362A Rayburn. tims, and their family members; and H.R. 297, NICS February 8, Subcommittee on Homeland Security, on Improvement Act of 2007, 10 a.m., 2141 Rayburn. Secretary of Homeland Security, 10 a.m, 2359 Rayburn. Committee on Natural Resources, February 7, to meet for February 8, Subcommittee on Select Intelligence Over- organizational purposes, 11 a.m., 1324 Longworth. sight Panel, executive, on Fiscal Year ’07 Supplemental, Committee on Oversight and Government Reform, February 1:30 p.m., H–140 Capitol. 6, hearing entitled ‘‘The Lasting Impact of CPA Deci- February 8, Subcommittee on State, Foreign Operations sion-Making on Iraq Reconstruction,’’ 10 a.m., 2154 and Related Programs, on oversight of Assistance Pro- Rayburn. grams in Iraq, 2 p.m., 2359 Rayburn. February 7, hearing entitled ‘‘Iraqi Reconstruction: Re- February 9, Subcommittee on Defense, on U.S. Army liance on Private Military Contractors and Status Report,’’ FY ’07 Supplemental, 10 a.m., 2359 Rayburn. 10 a.m., 2154 Rayburn.

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February 8, hearing entitled ‘‘Management of Massive in Jackson, Mississippi, as the ‘‘R. Jess Brown United Homeland Security Contracts: Deepwater and SBInet,’’ 10 States Courthouse;’’ H.R. 429, To designate the United a.m., 2154 Rayburn. States courthouse located at 225 Cadman Plaza East, February 9, hearing entitled ‘‘Allegations of Waste, Brooklyn, New York, as the ‘‘Hugh L. Carey United Fraud, and Abuse in Pharmaceutical Pricing: Financial States Courthouse;’’ H.R. 430, To designate the United Impacts on Federal Health Programs and the Federal Tax- States bankruptcy courthouse located at 271 Cadman payer,’’ 10 a.m., 2154 Rayburn. Plaza East, Brooklyn, New York as the ‘‘Conrad Committee on Science and Technology, February 8, hearing Duberstein United States Bankruptcy Courthouse;’’ H.R. on The State of Climate Change Science 2007: The Find- 478, To designate the Federal building and United States ings of the Fourth Assessment Report by the Intergovern- courthouse located at 101 Barr Street in Lexington, Ken- mental Panel on Climate Change (IPCC), Working tucky, as the ‘‘Scott Reed Federal Building and United Group I Report, 10 a.m., 2318 Rayburn. States Courthouse;’’ H.R. 544, To designate the United Committee on Small Business, February 8, hearing entitled States courthouse at South Federal Place in Sante Fe, New ‘‘The Small Business Administration’s Budget for Fiscal Mexico, as the ‘‘Santiago E. Campos United States Court- Year 2008,’’ 10 a.m., 2360 Rayburn. house;’’ and H.R. 584, To designate the headquarters Committee on Transportation and Infrastructure, February building of the Department of Education in Washington, 6, Subcommittee on Economic Development, Public D.C., as the Lyndon Baines Johnson Federal Building, 10 Buildings, and Emergency Management, to mark up the a.m., 2167 Rayburn. following: a measure to direct the Administrator of Gen- February 8, full Committee, hearing entitled ‘‘FY 2008 eral Services to install a photovoltaic system for the head- President’s Budget Request for Department of Transpor- quarters building of the Department of Energy; the Ap- tation and Environmental Protection Agency,’’ 2 p.m., palachian Regional Development Act Amendments of 2167 Rayburn. 2007; H.R. 187, To designate the Federal building and Committee on Veterans’ Affairs, February 8, hearing on United States courthouse and customhouse located at 515 the VA’s budget request for Fiscal Year 2008, 9:30 a.m., West First Street in Duluth, Minnesota, as the ‘‘Gerald 334 Cannon. W. Heaney Federal Building and United States Court- Committee on Ways and Means, February 6, hearing on house and Customhouse;’’ H.R. 342, To designate the President Bush’s budget proposals for fiscal year 2008, 10 United States courthouse located at 555 Independent a.m., 1100 Longworth. Street, Cape Girardeau, Missouri, as the ‘‘Rush Hudson February 8, hearing on President Bush’s budget pro- Limbaugh, Sr., United States Courthouse;’’ H.R. 399, To posals for the Department of Health and Human Services, designate the United States Courthouse to be constructed 10 a.m., 1100 Longworth.

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED TENTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 4 through January 31, 2007 January 4 through January 31, 2007

Senate House Total Civilian nominations, totaling 126, disposed of as follows: Days in session ...... 17 16 . . Confirmed ...... 2 2′ 50′ Time in session ...... 139 hrs., 134 hrs., .. Unconfirmed ...... 123 Congressional Record: Withdrawn ...... 1 Pages of proceedings ...... 1,468 1,154 . . Extensions of Remarks ...... 225 . . Other Civilian nominations, totaling 215, disposed of as follows: Public bills enacted into law ...... 1 . . 1 Unconfirmed ...... 215 Private bills enacted into law ...... Bills in conference ...... Air Force nominations, totaling 2,961, disposed of as follows: Measures passed, total ...... 37 69 106 Confirmed ...... 483 Senate bills ...... 3 1 . . Unconfirmed ...... 2,478 House bills ...... 2 19 . . Army nominations, totaling 729, disposed of as follows: Senate joint resolutions ...... House joint resolutions ...... Confirmed ...... 610 Senate concurrent resolutions ...... Unconfirmed ...... 119 House concurrent resolutions ...... 2 7 . . Navy nominations, totaling 24, disposed of as follows: Simple resolutions ...... 30 41 . . Confirmed ...... 23 Measures reported, total * ...... 25 6 30 Unconfirmed ...... 1 Senate bills ...... 2 . . . . House bills ...... Marine Corps nominations, totaling 31, disposed of as follows: Senate joint resolutions ...... Confirmed ...... 10 House joint resolutions ...... Unconfirmed ...... 21 Senate concurrent resolutions ...... 1 . . . . House concurrent resolutions ...... 1 . . Summary Simple resolutions ...... 21 5 . . Special reports ...... Total nominations carried over from the First Session ...... Conference reports ...... Total nominations received this Session ...... 4,086 Measures pending on calendar ...... 12 . . . . Total confirmed ...... 1,128 Measures introduced, total ...... 522 992 1,514 Total unconfirmed ...... 2,957 Bills ...... 450 796 .. Total withdrawn ...... 1 Joint resolutions ...... 2 21 . . Total returned to the White House ...... Concurrent resolutions ...... 7 52 . . Simple resolutions ...... 63 123 . . Quorum calls ...... 2 1 . . Yea-and-nay votes ...... 39 54 . . Recorded votes ...... 18 . . Bills vetoed ...... Vetoes overridden ......

* These figures include all measures reported, even if there was no accom- panying report. A total of 3 reports have been filed in the Senate, a total of 6 reports have been filed in the House.

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

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: To be announced. morning business (not to extend beyond 4:00 p.m.), Sen- ate will resume consideration of the motion to proceed to consideration of S. 470, Iraq Sense of Congress and vote on the motion to invoke cloture thereon at approximately 5:30 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Engel, Eliot L., N.Y., E241, E243 Neal, Richard E., Mass., E241 Eshoo, Anna G., Calif., E240 Pallone, Frank, Jr., N.J., E233 Altmire, Jason, Pa., E247 Fattah, Chaka, Pa., E244 Petri, Thomas E., Wisc., E231 Arcuri, Michael A., N.Y., E247 Higgins, Brian, N.Y., E235 Rahall, Nick J., II, W.Va., E243 Baca, Joe, Calif., E227, E228 Hobson, David L., Ohio, E235 Ross, Mike, Ark., E227, E228 Berman, Howard L., Calif., E243 Hoekstra, Peter, Mich., E234 Rothman, Steven R., N.J., E233 Blackburn, Marsha, Tenn., E244 Holt, Rush D., N.J., E246 Ryan, Tim, Ohio, E232 Bordallo, Madeleine Z., Guam, E243, E247, E247 Honda, Michael M., Calif., E234 Sali, Bill, Idaho, E229 Boustany, Charles W., Jr., La., E227, E228 Johnson, Eddie Bernice, Tex., E245, E246 Schakowsky, Janice D., Ill., E240 Boyd, Allen, Fla., E240 Jones, Stephanie Tubbs, Ohio, E232 Shuster, Bill, Pa., E232 Brown, Corrine, Fla., E246 Jordan, Jim, Ohio, E234 Skelton, Ike, Mo., E233 Burgess, Michael C., Tex., E231 Kanjorski, Paul E., Pa., E242 Cohen, Steve, Tenn., E236 Kirk, Mark Steven, Ill., E231 Slaughter, Louise McIntosh, N.Y., E242 Conyers, John, Jr., Mich., E230, E245 Knollenberg, Joe, Mich., E239 Stark, Fortney Pete, Calif., E240 Cooper, Jim, Tenn., E235 Kucinich, Dennis J., Ohio, E227, E229, E245 Tanner, John S., Tenn., E244 Costa, Jim, Calif., E237 Lamborn, Doug, Colo., E238, E239 Tiberi, Patrick J., Ohio, E232 Davis, Tom, Va., E229 Lantos, Tom, Calif., E233 Udall, Mark, Colo., E241 Diaz-Balart, Lincoln, Fla., E237 Lewis, Ron, Ky., E227, E228, E229 Van Hollen, Chris, Md., E239 Drake, Thelma D., Va., E231 Marchant, Kenny, Tex., E245 Weller, Jerry, Ill., E238 Emanuel, Rahm, Ill., E230 Moore, Gwen, Wisc., E245 Wilson, Joe, S.C., E231

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