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

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

Vol. 153 WASHINGTON, WEDNESDAY, MARCH 14, 2007 No. 44 House of Representatives The House met at 10 a.m. The SPEAKER. Pursuant to clause 8, The message also announced that The Reverend Johann Arnold, Church rule XX, further proceedings on this pursuant to section 276d–276g of title Communities International, Rifton, question will be postponed. 22, United States Code, as amended, the New York, offered the following prayer: The point of no quorum is considered Chair, on behalf of the Vice President, Lord, we thank Thee for another day withdrawn. appoints the following Senator as and for another chance to serve Thee f Chairman of the Senate Delegation to and our beloved Nation. the Canada-United States Inter- Before Thee we are like little chil- PLEDGE OF ALLEGIANCE parliamentary Group conference during dren who do not know how to carry out The SPEAKER. Will the gentleman the One Hundred Tenth Congress: our duties. Therefore, we ask, like King from Florida (Mr. KLEIN) come forward The Senator from Minnesota (Ms. Solomon, not for long life, not for and lead the House in the Pledge of Al- KLOBUCHAR). wealth for ourselves, not for the death legiance. f of our enemies, but for discernment to Mr. KLEIN of Florida led the Pledge WELCOMING REVEREND JOHANN administer justice and to distinguish of Allegiance as follows: CHRISTOPH ARNOLD between right and wrong. Let us to- I pledge allegiance to the Flag of the gether heed the words of the Apostle United States of America, and to the Repub- (Mr. HINCHEY asked and was given John: ‘‘If we love one another, God lic for which it stands, one nation under God, permission to address the House for 1 dwelleth in us.’’ Let us hope that this indivisible, with liberty and justice for all. minute.) spirit will become the order of the day f Mr. HINCHEY. Madam Speaker, it is my great pleasure and honor to intro- right here in Washington. MESSAGE FROM THE SENATE We pray for our President, for our duce a dear friend of mine and a very Madam Speaker, and for all our broth- A message from the Senate by Ms. respected member of our community, ers and sisters in the House and in the Curtis, one of its clerks, announced Johann Christoph Arnold, for his open- Senate, for our servicemen and -women that the Senate has passed without ing prayer as the guest chaplain of the and their families. We pray for our be- amendment a bill of the House of the House of Representatives today. loved Nation. May it always be under following title: Pastor Johann Christoph Arnold and the rulership of God. Amen. H.R. 1129. An act to provide for the con- his wife, Verena, are senior pastors of struction, operation, and maintenance of an Church Communities International, an f arterial road in St. Louis County, Missouri. international movement that is dedi- The message also announced that cated to peace around the world. They THE JOURNAL pursuant to section 276n of title 22, work very diligently and very effec- The SPEAKER. The Chair has exam- United States Code, as amended, the tively with families, with individuals, ined the Journal of the last day’s pro- Chair, on behalf of the President pro with veterans, and a host of other peo- ceedings and announces to the House tempore, appoints the following Sen- ple to bring them the kind of coun- her approval thereof. ator as Chairman of the United States- seling and conciliation they need in Pursuant to clause 1, rule I, the Jour- China Interparliamentary Group con- many communities. nal stands approved. ference during the One Hundred Tenth Pastor Arnold and his wife, Verena, Mr. HINCHEY. Madam Speaker, pur- Congress: are the parents of eight children and 34 suant to clause 1, rule I, I demand a The Senator from Hawaii (Mr. grandchildren. For over 35 years as vote on agreeing to the Speaker’s ap- INOUYE). family counselors, they have advised proval of the Journal. The message also announced that thousands of couples in our community The SPEAKER. The question is on pursuant to section 276n of title 22, and in many other places here in the the Speaker’s approval of the Journal. United States Code, as amended, the United States and around the world. The question was taken; and the Chair, on behalf of the President pro People have come to expect sound ad- Speaker announced that the ayes ap- tempore, appoints the following Sen- vice from this award-winning author, peared to have it. ator as Vice Chairman of the United whose books have sold over 350,000 cop- Mr. HINCHEY. Madam Speaker, I ob- States-China Interparliamentary ies in English and have been translated ject to the vote on the ground that a Group conference during the One Hun- into 19 other languages. quorum is not present and make the dred Tenth Congress: It is a great pleasure and an honor to point of order that a quorum is not The Senator from Alaska (Mr. STE- have Johann Christoph Arnold, his present. VENS). wife, Verena, and other members of

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

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VerDate Aug 31 2005 04:39 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.000 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2490 CONGRESSIONAL RECORD — HOUSE March 14, 2007 their community here with us this seen a tsunami of foreclosures and tur- will strengthen the safety of the com- morning; and I thank him very much moil in the subprime markets. The munity. for his opening prayer. Federal regulators’ recent joint guid- After Hurricane Wilma struck, Dania f ance to stop issuance of loans that bor- Beach could not restore its power and rowers can’t repay in full is a good first the pole damage quickly enough, leav- OPPOSING THE IRAQ FUNDING step, but lenders won’t make bad loans ing the city streets without lighting BILL if no one will buy them. The secondary for a lengthy period of time. With the (Mr. KUCINICH asked and was given market must stop buying the loans new solar panels, the streetlights will permission to address the House for 1 causing this crisis. not be dependent on electricity, and minute and to revise and extend his re- Freddie Mac did this voluntarily, and the panels will be mounted to with- marks.) I am introducing legislation to require stand even the most fierce hurricane Mr. KUCINICH. At present, Congress all the housing GSEs to do the same. In winds. has before it, for consideration in com- the interim, I call on Fannie Mae and I applaud this sort of ground-break- mittee, an Iraq funding bill which will the Federal Home Loan Banks to fol- ing, innovative way of thinking. Alter- keep the war going perhaps through low Freddie Mac and stop buying these native energy sources are the way of the end of President Bush’s term. It risky loans. Both Congress and the the future. If more communities would order the privatization of Iraq’s GSEs must act to protect homeowners around the country would follow Dania oil and open the door for the President and stabilize the system. Beach’s lead, we would leave our envi- to order an attack on Iran without con- f ronment in a much better condition for our children and our grandchildren. gressional authorization. BUILDING A STRONG WORKFORCE Democrats were brought to power BY IMPROVING MENTAL HEALTH f not to spread war, but to stop it. The TREATMENT CAIR MEETING administration took us into war for oil. We should not be confirming that pur- (Mr. TIM MURPHY of Pennsylvania (Mr. MCHENRY asked and was given pose by promoting privatization in the asked and was given permission to ad- permission to address the House for 1 Iraq funding bill. dress the House for 1 minute and to re- minute.) The President desires to attack Iran vise and extend his remarks.) Mr. MCHENRY. Mr. Speaker, House without Congress asserting its con- Mr. TIM MURPHY of Pennsylvania. Democrats and the Speaker of the stitutional authority. We should be as- Employers spend over $26 billion per House arranged for a conference room serting our constitutional authority to year in direct medical costs to treat in the Capitol to be used by the Council restrain another administration abuse depression. But the indirect costs, in- on American-Islamic Relations, or of power. cluding lost productivity and absentee- CAIR, an Islamic advocacy group ism, increased spending by some $51.5 which refuses to disavow terrorist f billion per year, but appropriate treat- groups like Hamas and Hezbollah. DEMOCRATIC PLAN FOR IRAQ IS ment for depression reduces health CAIR officials have been charged RECIPE FOR FAILURE care costs for businesses. with, and some convicted of, offenses The National Institutes of Mental related to the support of terrorism, in- (Mr. WILSON of South Carolina Health reported depression treatments cluding a CAIR fundraiser, Rabih asked and was given permission to ad- reduce absenteeism and save money. Haddad, as well as a founding board dress the House for 1 minute and to re- Plans for Federal employees where member and a former CAIR civil rights vise and extend his remarks.) mental health coverage is included in coordinator. Mr. WILSON of South Carolina. Mr. their health care plan also saves Most notably, the CAIR fund-raiser Speaker, Friday’s The Post and Courier money. Haddad was deported to Lebanon in of Charleston, South Carolina, detailed Employers and Members of Congress 2003 after being arrested in a raid on an the dire consequences of setting artifi- should review the benefits of mental Islamic charity that Federal officials cial timelines for withdrawal from health insurance coverage and note said, ‘‘provided assistance to Osama Iraq. The editorial states that it would that coverage of mental health treat- bin Laden and the al Qaeda network be tragic if the rug should be pulled ment can also significantly reduce pub- and other known terrorist groups.’’ from under U.S. forces by the U.S. Con- lic health care spending on Medicare, Apparently, the Democrats live in gress. Medicaid and our criminal justice pro- some parallel universe where it is okay The political message coming from grams. to set up a meeting in the Capitol for House Democrats threatens to throw I would urge all my colleagues to re- a group with known terrorist ties. The efforts to stabilize Iraq off balance. As view how businesses and the Federal American people must ask about this The Post and Courier, where I was a Government can save money on this by colossal failure of judgment. With former reporter, concludes, General reviewing my Web site at mur- friends like these, imagine our en- Petraeus should be given the time and phy.house.gov. And remember, patient- emies. forces he needs to succeed, and not a centered health care saves lives and f legislative recipe for failure. Demo- money by emphasizing patient safety, CONGRESS CANNOT AFFORD TO crats and Republicans should be united patient quality and patient choice. to remember that al Qaeda spokesman GIVE THE PRESIDENT ANOTHER for Osama bin Laden, Zawahiri, has f BLANK CHECK ON IRAQ WAR clearly identified that Iraq and Afghan- DANIA BEACH/SOLAR ENERGY (Mr. PERLMUTTER asked and was istan are the central fronts in the glob- (Mr. KLEIN of Florida asked and was given permission to address the House al war on terrorism. Bin Laden has spe- given permission to address the House for 1 minute.) cifically stated, ‘‘The most serious for 1 minute and to revise and extend Mr. PERLMUTTER. Good morning, issue today for the whole world is this his remarks.) Mr. Speaker. Third World War that is raging in Mr. KLEIN of Florida. I am RON After 4 years, billions of dollars and Iraq.’’ KLEIN, and I represent Florida’s 22nd thousands of lives, President Bush is In conclusion, God bless our troops, Congressional District in south Flor- once again asking Congress to reward and we will never forget September 11. ida. failure with a blank check for the war f Today, I am honoring the city of in Iraq. Many of my Republican col- Dania Beach, a community in south- leagues are more than willing to give SUBPRIME LENDING east Florida, for investing in a $1 mil- the President anything he wants, but (Mrs. MALONEY of New York asked lion solar energy system to power the Democrats refuse to be a rubber stamp and was given permission to address city’s streetlights. Not only is this an for the President’s failed policies and, the House for 1 minute.) innovative and environmentally sound instead, want to finally require Iraqis Mrs. MALONEY of New York. Mr. decision made by the city of Dania to take control of their country. And Speaker, in the last 2 weeks, we have Beach, but it is also a decision that yet the President has threatened to

VerDate Aug 31 2005 01:56 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.002 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2491 veto legislation that contains his own dents who participate actually build Services from 2001 to 2003 spoke at a benchmarks for success in Iraq, ensures robots and then enter the robots in a conference in Tampa and a reporter our troops have the training they need, series of competitions against the cre- caught him on record saying that this and fully supports both our veterans ations of other teams. privatization effort ‘‘was done to prime and our soldiers wounded in combat. I salute the creativity and techno- the pump and to get people to go back Our legislation also commits addi- logical savvy of the winning teams. to HMOs. But it’s a much bigger sub- tional funding to fighting the forgotten Congratulations to Manchester West sidy than we intended.’’ war in Afghanistan. Over the last 4 and the Region 14 team and to FIRST You see, these private plans receive years, the Bush administration has re- on its aspirational mission. FIRST is about 11 percent more per beneficiary directed funds and troops away from helping inspire the next generation of than the government spends in original Afghanistan, forgetting that al Qaeda technology innovators which our coun- Medicare. And this director said that and the Taliban were the ones that at- try depends on to remain competitive he had meant for the subsidy to be tacked our Nation in 2001. in our global economy. about half that. Mr. Speaker, Democrats will not f Mr. Speaker, we have a lot of work to allow President Bush to continue to do to stand up for our seniors and en- 1015 pursue these failed policies. We will in- b sure the Medicare safety net works for sist on a new direction. IN MEMORY OF THE SEVEN OHIO- everyone. f ANS WHO PERISHED IN GEORGIA f BUS ACCIDENT BURMA WAR SUPPLEMENTAL CONTAINS (Mr. JORDAN of Ohio asked and was GOODIES (Mr. PITTS asked and was given per- given permission to address the House mission to address the House for 1 for 1 minute.) (Mr. CARTER asked and was given minute and to revise and extend his re- Mr. JORDAN of Ohio. Mr. Speaker, I permission to address the House for 1 marks.) rise in solemn remembrance of seven minute and to revise and extend his re- Mr. PITTS. Mr. Speaker, the U.S. has Ohioans whose lives were cut short by marks.) been calling for prompt action at the a tragic bus accident on the morning of Mr. CARTER. There is talk that the U.N. Security Council to address the Friday, March 2, 2007, in Atlanta, Geor- $100 billion war supplemental will in- ongoing humanitarian crisis in Burma. gia. Though words cannot express the clude an extra $20 billion in goodies. Unfortunately, other member nations depth of their loss, we honor their Such projects are seemingly irrelevant have been slow to take up the call. One memory and offer our condolences to to the mission our soldiers are ex- European nation even suggested re- their families, friends, teammates, and pected to carry out. For example: cently that the world should wait for classmates of these seven individuals: $60 million for the California and Or- the situation in Burma to become ur- David Betts of Bryan, Ohio egon salmon fishery disaster of ’06; gent and acute before we take action. Scott Harmon of Elida, Ohio $400 million for timber revenue pro- Mr. Speaker, Burma reportedly has Cody Holp of Arcanum, Ohio gram in Oregon; close to a million IDPs, internally dis- Jerry and Jean Niemeyer of Colum- $400 million in low-income home en- placed people. Isn’t that urgent? Over bus Grove, Ohio ergy assistance for State grants; 3,000 villages have been brutally de- Tyler Williams of Lima, Ohio, and $448 million unrequested funds for stroyed by the military dictatorship. Zack Arend of Oakwood, Ohio. State children’s health insurance pro- Isn’t that an acute situation? The lat- In the midst of this tragedy, I was grams, and; est story out of Burma tells of four heartened to see the selfless way these a half a billion dollars for wildfire teenage girls brutally raped and then families and communities pulled to- management and suppression. thrown into prison by the military rul- gether to support each other in a time Now, these are valuable projects, but ers, more evidence of their systematic of need. It reminds me of what is spe- they don’t belong in an emergency war sexual violence there. Isn’t that an ur- cial about America. supplemental. They appear to be noth- gent problem? I was also humbled by the outpouring ing more than an attempt to buy votes Mr. Speaker, there has been enough of kindness from concerned families in at the expense of our soldiers in the talk and enough delay. It is time for Georgia and around the country. Just war on terror. The supplemental is the world to take action and end the minutes after the accident, complete meant to be an emergency troop fund- humanitarian crisis in Burma. strangers were opening their homes to ing vehicle and there is no excuse for f our families and offering their condo- $20 billion worth of pork in that supplemental. CONGRATULATING MANCHESTER lences and prayers. While we grieve their passing, we Let this Congress respect our soldiers WEST HIGH SCHOOL know that they will live forever in the and deny this pork. (Mr. HODES asked and was given per- hearts of their loved ones and will eter- f mission to address the House for 1 nally be remembered by the Bluffton KOSOVO minute and to revise and extend his re- University family and the people of marks.) Bluffton, Allen County and west cen- (Mr. WALZ of Minnesota asked and Mr. HODES. Mr. Speaker, I come to tral Ohio. was given permission to address the the floor today to congratulate Man- f House for 1 minute.) chester West High School in Man- Mr. WALZ of Minnesota. Mr. Speak- chester, New Hampshire, and Region 14 MEDICARE er, today I rise to express my deep con- Applied Technology Center team from (Ms. CASTOR asked and was given cern over the recent Department of De- Peterborough, New Hampshire, on permission to address the House for 1 fense proposal to remove combat status their victory at the regional FIRST minute and to revise and extend her re- from American soldiers serving in Robotics Competition this past week in marks.) Kosovo. This summer, roughly 400 Min- Manchester. FIRST is an acronym for Ms. CASTOR. Mr. Speaker, access to nesota National Guard soldiers who For Inspiration and Recognition of the highest quality health care for our serve in my district will once again an- Science and Technology. seniors under Medicare is one of the swer the call to duty in Kosovo. Al- This remarkable program was devel- most important issues facing this Con- most every one of these 400 soldiers oped in New Hampshire and has now gress. Unfortunately, the Bush White from my district will be going for the spread to 1,500 high schools nationwide. House has sought to undermine the second or third time since September It encourages young people to become great Medicare safety net by 11. In addition to the financial hardship actively involved with engineering and privatizing a great deal of health care these soldiers and their families will technology. FIRST brings innovative under the Medicare system, turning it endure, the Department of Defense is companies together with kids, teaching over to HMOs. asking them to suffer further by reclas- and inspiring them to pursue careers in Just last week the former director of sifying this mission. Reclassification advanced science. The brilliant stu- the Centers for Medicare and Medicaid will cost American soldiers more than

VerDate Aug 31 2005 01:56 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.004 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2492 CONGRESSIONAL RECORD — HOUSE March 14, 2007 just the $225 a month in hazardous duty tice Department. The political purge e-mails were released to the New York pay, the payroll tax exemption and the reached the highest levels at the White Times and the Washington Post, but flights home to see their families. We House and was actually prompted by questions still remain unanswered. will all pay for this with the loss of President Bush. So much for no polit- What about those at the top? Is it morale. ical involvement from the White plausible that the Attorney General Kosovo suffers from ethnic unrest. House. was unaware of the actions of his own The country has unexploded ordnance Mr. Speaker, this information would chief of staff? When is the President and American soldiers work to defuse have never come out if the new Demo- going to hold members of his Cabinet these daily. Mr. Speaker, Kosovo is cratic Congress did not take its over- accountable for misdeeds and mis- still a dangerous place. It’s revealing sight responsibility seriously. U.S. At- takes? that the State Department’s assess- torneys should be free of political pres- The Attorney General’s office is sup- ment is different than the Department sure and that is simply not the case posed to be above politics. An inde- of Defense. Foreign service officers re- with the Bush White House. pendent judiciary is one of the hall- ceive hazardous duty pay. We will continue to demand answers marks of this great democracy which Ensuring that this mission remains from an administration that is not too we, as Americans, promote around the classified as a combat mission is more interested in working with Congress. It world. There is simply no place for pol- than about $225 a month to soldiers. would be nice if they would finally itics at the Justice Department. But It’s about doing right for those who learn their lesson and realize that it is sadly, it appears that the Justice De- risk their lives in defense of this Na- time to level with both the Congress partment has become a pawn of the Re- tion. and the American people. publican Party. f f f ‘‘WHO GETS THE WORKER?’’ b 1030 CONGRATULATING CHANDLER AND HIGHLAND CHOIRS (Mr. POE asked and was given per- GOVERNMENT’S OBLIGATION TO mission to address the House for 1 AMERICA’S HEROES (Mr. FLAKE asked and was given minute.) permission to address the House for 1 Mr. POE. Mr. Speaker, while the flow (Mr. BILIRAKIS asked and was given minute and to revise and extend his re- of illegals continues to storm across permission to address the House for 1 marks.) our southern border, much to the joy of minute and to revise and extend his re- Mr. FLAKE. Mr. Speaker, I rise those who want cheap plantation labor, marks.) today to congratulate two outstanding Mexico now wants to keep some of its Mr. BILIRAKIS. Mr. Speaker, I rise high school choirs from my district, workers home. President Calderon today to address Walter Reed and this the Chandler High School Chorale and wants the United States to invest in government’s obligation to America’s the Highland High School Concert Mexico and use Mexican workers. heroes. Choir. These groups were selected by Well, what does that really mean? On Monday, I toured Walter Reed. competitive audition out of dozens of Does that mean more U.S. foreign aid? My first impression is that one visit is high schools across the country to per- Or have U.S. companies expand to Mex- not enough. I will make several more form on March 19, 2007, at New York’s ico and use those Mexican workers? Ei- trips to the facility to speak with pa- famed Carnegie Hall. ther way, Calderon expects the United tients and staff about what they need The Chandler High School Chorale States to solve his problem. Mexico and how we can best address this unac- from Chandler, Arizona, has already alone cannot or will not take care of ceptable situation. distinguished itself as one of the top its economic problems, thus making Mr. Speaker, our Nation’s finest de- high school choirs in the Nation. Led their problem our problem. serve the finest medical care, plain and by Dean Anderson, the chorale has per- Currently, Mexico exports its people simple. This Friday, I will continue my formed across the country and around to the United States to work and then tour of local VA facilities when I visit the world over the past two decades. have them send money back to Mexico. the James A. Haley VA Hospital in This is the choir’s second performance Mr. Speaker, if the United States in- Tampa. This is one of the largest VA in the Carnegie Hall National High vests in Mexico and more Mexican facilities in the country, and serves School Choral Festival, a singular workers stay home, is there going to be many veterans in my district. achievement in the festival’s history. a cross-border conflict over who gets Mr. Speaker, this is not a Democrat The Highland High School Concert the worker? or Republican problem, this is Amer- Choir of Gilbert, Arizona, has also se- It would be ironic indeed to see the ica’s problem and it requires a bipar- cured a spot in the festival. Led by pro-amnesty cheap labor crowd in the tisan solution. I urge my colleagues to Rita Scholz, the concert choir has per- United States encouraging illegal work together to quickly address and formed in the Arizona ACDA con- entry while the Mexican Government resolve this situation. ference, the Arizona Music Educators tells workers to stay home and take God bless our troops and veterans. Association Conference, and the 1998 new jobs provided by U.S. investment. They truly are America’s heroes. MENC National Convention. The High- And that’s just the way it is. f land High School choral music program consists of 170 students in five per- f WHITE HOUSE PLAYING POLITICS forming ensembles, presenting four BUSH ADMINISTRATION IS PLAY- (Mr. PAYNE asked and was given concerts on campus per year, as well as ING POLITICS WITH U.S. ATTOR- permission to address the House for 1 other performances around the coun- NEYS OFFICE minute and to revise and extend his re- try. (Ms. WATSON asked and was given marks.) I am honored to have two of the four permission to address the House for 1 Mr. PAYNE. Mr. Speaker, after schools in the Nation chosen from my minute.) weeks of denial from both the White district. Ms. WATSON. Mr. Speaker, every House and the Department of Justice f day the Bush White House is losing that politics played no part in the fir- more credibility with the American ing of eight U.S. Attorneys, the Attor- HALLIBURTON SLAPS TAXPAYERS people and with the Congress. Late last ney General finally admitted yesterday IN FACE year the Justice Department fired that there is more to the story. (Mr. DUNCAN asked and was given eight U.S. Attorneys for purely polit- It was an embarrassing and dis- permission to address the House for 1 ical reasons. Last week, Attorney Gen- turbing set of e-mails between the minute and to revise and extend his re- eral Gonzales came to Capitol Hill and White House’s political operatives and marks.) swore that the terminations had noth- Gonzales’s chief of staff that clearly re- Mr. DUNCAN. Mr. Speaker, Halli- ing to do with politics. But then 2 days vealed that there were political con- burton has decided to move its head- ago we learned that these decisions cerns involved in the political purge, or quarters to Dubai. This is a company were not made exclusively by the Jus- firing. The chief of staff resigned after that has received over $25 billion worth

VerDate Aug 31 2005 01:56 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.006 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2493 of contracts in Iraq, and this is the announces the Speaker’s appointment ‘‘(B) the dates by which information shall kind of thanks the U.S. taxpayers get. of the following Members of the House be submitted under that paragraph are April In fact, this is a real slap in the face of to the United States Capitol Preserva- 15, July 15, October 15, and January 15 of the U.S. taxpayers. tion Commission: each year and of the following year (for the fourth quarterly filing); The ABC National News reported Mr. OBEY, Wisconsin ‘‘(C) the requirement to submit informa- Sunday night that Halliburton has Ms. KAPTUR, Ohio tion under that paragraph shall continue been charged by government inspectors f until the later of the following occurs: of overcharging our government and ‘‘(i) The Archivist has accepted, taken title overcharging our taxpayers to the tune COMMUNICATION FROM HON. JOHN to, or entered into an agreement to use any of $2.7 billion. No company that com- BOEHNER, REPUBLICAN LEADER land or facility for the archival depository. mits those types of overcharges should The SPEAKER pro tempore laid be- ‘‘(ii) The President whose archives are con- ever get a Federal contract again. In tained in the depository no longer holds the fore the House the following commu- Office of President and a period of four years fact, in my opinion, the U.S. Govern- nication from the Honorable JOHN A. has expired (beginning on the date the Presi- ment should not give a contract to any BOEHNER, Republican Leader: dent left the Office). company that cannot certify that over HOUSE OF REPRESENTATIVES, ‘‘(3) In this subsection: half of its employees are U.S. citizens. March 9, 2007. ‘‘(A) The term ‘Presidential library fund- Hon. NANCY PELOSI, raising organization’ means an organization f Speaker, Washington, DC. that is established for the purpose of raising APPOINTMENT OF MEMBERS TO DEAR SPEAKER PELOSI: Pursuant to 2 funds for creating, maintaining, expanding, HOUSE DEMOCRACY ASSISTANCE U.S.C. 2081, I am pleased to appoint the Hon- or conducting activities at— COMMISSION orable ZACH WAMP of Tennessee to the ‘‘(i) a Presidential archival depository; or United States Capitol Preservation Commis- ‘‘(ii) any facilities relating to a Presi- The SPEAKER pro tempore (Mr. sion. Mr. WAMP expressed interest in serving dential archival depository. CARDOZA). Pursuant to section 2 of in this capacity and I am pleased to fulfill ‘‘(B) The term ‘information’ means the fol- House Resolution 24, 110th Congress, his requests. lowing: and the order of the House of January Sincerely, ‘‘(i) The amount or value of each contribu- 4, 2007, the Chair announces the Speak- JOHN A. BOEHNER, tion made by a contributor referred to in Republican Leader. paragraph (1) in the quarter covered by the er’s appointment of the following Mem- f submission. bers of the House to the House Democ- ‘‘(ii) The source of each such contribution, racy Assistance Commission: ANNOUNCEMENT BY THE SPEAKER and the address of the entity or individual Mr. PRICE, North Carolina, Chairman PRO TEMPORE that is the source of the contribution. Mrs. CAPPS, California ‘‘(iii) If the source of such a contribution is The SPEAKER pro tempore. Pursu- Mr. HOLT, New Jersey an individual, the occupation of the indi- ant to clause 8 of rule XX, the Chair Mr. SCHIFF, California vidual. will postpone further proceedings ‘‘(iv) The date of each such contribution. Ms. SCHWARTZ, Pennsylvania today on motions to suspend the rules ‘‘(4) The Archivist shall make available to Mr. PAYNE, New Jersey on which a recorded vote or the yeas the public through the Internet (or a suc- Mr. POMEROY, North Dakota and nays are ordered, or on which the cessor technology readily available to the Mr. FARR, California public) as soon as is practicable after each vote is objected to under clause 6 of Mr. SALAZAR, Colorado quarterly filing any information that is sub- rule XX. Mr. ELLISON, Minnesota mitted under paragraph (1). The information Record votes on postponed questions shall be made available without a fee or Ms. HIRONO, Hawaii will be taken later today. other access charge, in a searchable, sort- f able, and downloadable database. f ‘‘(5)(A) It shall be unlawful for any person COMMUNICATION FROM HON. JOHN PRESIDENTIAL LIBRARY who makes a contribution described in para- BOEHNER, REPUBLICAN LEADER DONATION REFORM ACT OF 2007 graph (1) to knowingly and willfully submit The SPEAKER pro tempore laid be- false material information or omit material Mr. MURPHY of Connecticut. Mr. fore the House the following commu- information with respect to the contribution Speaker, I move to suspend the rules to an organization described in such para- nication from the Honorable JOHN A. and pass the bill (H.R. 1254) to amend graph. BOEHNER, Republican Leader: title 44, United States Code, to require ‘‘(B) The penalties described in section 1001 HOUSE OF REPRESENTATIVES, of title 18, United States Code, shall apply Washington, DC, March 12, 2007 information on contributors to Presi- with respect to a violation of subparagraph Hon. NANCY PELOSI, dential library fundraising organiza- (A) in the same manner as a violation de- Speaker, H–232, U.S. Capitol, tions. scribed in such section. Washington, DC. The Clerk read as follows: ‘‘(6)(A) It shall be unlawful for any Presi- dential library fundraising organization to DEAR SPEAKER PELOSI: Pursuant to section H.R. 1254 2 of House Resolution 24, 110th Congress, I knowingly and willfully submit false mate- am pleased to appoint the following as Mem- Be it enacted by the Senate and House of Rep- rial information or omit material informa- bers of the House Democracy Assistance resentatives of the United States of America in tion under paragraph (1). Commission. All Members have expressed in- Congress assembled, ‘‘(B) The penalties described in section 1001 terest in serving in this capacity and I am SECTION 1. SHORT TITLE. of title 18, United States Code, shall apply pleased to fulfill their requests. This Act may be cited as the ‘‘Presidential with respect to a violation of subparagraph The Honorable David Dreier of California, Library Donation Reform Act of 2007’’. (A) in the same manner as a violation described in such section. The Honorable John Boozman of Arizona, SEC. 2. PRESIDENTIAL LIBRARIES. ‘‘(7)(A) It shall be unlawful for a person to The Honorable Jeff Fortenberry of Nebraska, (a) IN GENERAL.—Section 2112 of title 44, knowingly and willfully— The Honorable Joe Wilson of South Carolina, United States Code, is amended by adding at ‘‘(i) make a contribution described in para- The Honorable Judy Biggert of Illinois, The the end the following new subsection: graph (1) in the name of another person; Honorable Wayne Gilchrest of Maryland, The ‘‘(h)(1) Any Presidential library fund- ‘‘(ii) permit his or her name to be used to Honorable Jerry Weller of Illinois, The Hon- raising organization shall submit on a quar- effect a contribution described in paragraph orable Jeff Miller of Florida, and The Honor- terly basis, in accordance with paragraph (2), (1); or able Bill Shuster of Pennsylvania. information with respect to every contrib- ‘‘(iii) accept a contribution described in Sincerely, utor who gave the organization a contribu- paragraph (1) that is made by one person in JOHN A. BOEHNER, tion or contributions (whether monetary or the name of another person. Republican Leader. in-kind) totaling $200 or more for the quar- ‘‘(B) The penalties set forth in section f terly period. 309(d) of the Federal Election Campaign Act ‘‘(2) For purposes of paragraph (1)— of 1971 (2 U.S.C. 437g(d)) shall apply to a vio- APPOINTMENT OF MEMBERS TO ‘‘(A) the entities to which information lation of subparagraph (A) in the same man- UNITED STATES CAPITOL PRES- shall be submitted under that paragraph are ner as if such violation were a violation of ERVATION COMMISSION the Administration, the Committee on Over- section 316(b)(3) of such Act (2 U.S.C. sight and Government Reform of the House 441b(b)(3)). The SPEAKER pro tempore. Pursu- of Representatives, and the Committee on ‘‘(8) The Archivist shall promulgate regula- ant to 2 U.S.C. 2081, and the order of Homeland Security and Governmental Af- tions for the purpose of carrying out this the House of January 4, 2007, the Chair fairs of the Senate; subsection.’’.

VerDate Aug 31 2005 01:56 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.008 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2494 CONGRESSIONAL RECORD — HOUSE March 14, 2007 (b) APPLICABILITY.—Section 2112(h) of title His idea was to raise private funds years and to be able to present it to 44, United States Code (as added by sub- for the construction of a library facil- this body today. section (a))— ity, and then he turned the facility and Mr. Speaker, similar legislation has (1) shall apply to an organization estab- his papers over to the Federal Govern- enjoyed overwhelming bipartisan sup- lished for the purpose of raising funds for creating, maintaining, expanding, or con- ment for operation by the National Ar- port in the House in the past, and I ducting activities at a Presidential archival chives. This model is still followed to urge all of my colleagues to support depository or any facilities relating to a this day. this legislation today. Presidential archival depository before, on But, like many things, Presidential Mr. Speaker, I reserve the balance of or after the date of the enactment of this libraries keep getting more expensive. my time. Act; and They have become libraries in concept Mr. TURNER. Mr. Speaker, I yield (2) shall only apply with respect to con- much more than in practice. They myself such time as I may consume. tributions (whether monetary or in-kind) often include various facilities in addi- Mr. Speaker, our Nation’s Presi- made after the date of the enactment of this Act. tion to a repository, such as museums, dential libraries attract millions of conference centers, or classrooms. visitors each year, and serve as an im- The SPEAKER pro tempore. Pursu- The George H.W. Bush Library was portant resource for researchers and ant to the rule, the gentleman from reported to cost more than $80 million historians, and provide inspiration for Connecticut (Mr. MURPHY) and the gen- to build. The Clinton library and mu- generations. tleman from Ohio (Mr. TURNER) each seum cost about $165 million to build. Over time, the cost of building and will control 20 minutes. The Chair recognizes the gentleman News reports have indicated that the maintaining these facilities has risen from Connecticut. fund-raising goal for President Bush’s significantly. Presidential libraries are library and think tank in Texas is $500 built with private funds, then turned GENERAL LEAVE million. One can only imagine how Mr. MURPHY of Connecticut. Mr. over to the Archivist for operation. An Speaker, I ask unanimous consent that much his successor will have to raise. endowment covers some of the cost of The problem is that as these libraries all Members may have 5 legislative operating a library, usually met continue to grow in size and scope, days in which to revise and extend through the establishment of a chari- Presidential foundations need to raise their remarks on H.R. 1254. table organization. Funding for con- The SPEAKER pro tempore. Is there more money to build them, and many struction and the endowment come objection to the request of the gen- of these organizations do so by selling from private sources. Under current tleman from Connecticut? access to the President while he is still law, there is no requirement to disclose There was no objection. in office while his power and celebrity the source of these contributions. Mr. MURPHY of Connecticut. Mr. are the strongest. There is a great deal of interest in Speaker, I yield myself such time as I Under current law, there is no re- enhancing disclosure on both sides of may consume. quirement to disclose the names of the the aisle. Under the leadership of the Mr. Speaker, as I walked into the donors and the amounts that they have gentleman from Tennessee (Mr. DUN- Capitol today, it was sunny outside, donated, and there is no limit on the CAN), a Republican, Congress passed bi- and one of the benefits of coming from amount that can be donated. You don’t partisan legislation to require the dis- Connecticut about 100 or so miles south need to be a political scientist to see closure of contributions to organiza- a few days a week is, you might get a the potential for abuse. tions that raise funds for Presidential few sunnier days this time of year. And Today’s bill simply requires that libraries and related facilities. fund-raising organizations disclose in- it is important, I think, on this day b 1045 that there is some sunlight outside be- formation about their donors to Con- cause beginning with the bill before us gress and the National Archives during His bill, H.R. 577, from the 107th Con- today, and following with pieces of leg- the period of that most intense fund- gress passed the House with strong bi- islation to come, we are going to start raising, while the President is in office, partisan support by a vote of 392–3. once again to open up this government and during the first 4 years after the When we consider enhanced disclosure, to the people of this country. There is end of his term. it is important to treat everyone equal- a sense, I think, over time that too The legislation before us, H.R. 1254, ly. We need a sensible, even-handed ap- much in Washington, D.C., gets done in would require that all organizations es- proach to disclosure, one that applies back rooms and not enough gets done tablished for the purpose of raising equally to Democrats and Republicans. in the open daylight. funds for Presidential libraries, or The gentleman from Tennessee has Today, we begin to open, again, this their related facilities, report on a had the right approach, one that was government to the people of this coun- quarterly basis all contributions of $200 supported by the gentleman from Cali- try. or more. fornia (Mr. WAXMAN) and many others Mr. Speaker, today I rise in strong Under the bill, Presidential library across the aisle. I think it is of utmost support of H.R. 1254, the Presidential fund-raising organizations would be re- importance that we avoid any tempta- Library Donation Reform Act of 2007, quired to disclose to Congress and the tion to politicize this important issue. and I am grateful to do so through the Archivist the amount and date of each An amendment offered in committee benefit of work done before by Chair- contribution, the name of the contrib- would add the reasonable step of apply- man WAXMAN, Congressman EMANUEL, utor, and if the contributor is an indi- ing the disclosure steps of this legisla- by Mr. CLAY, and on the other side of vidual, the occupation of the contrib- tion to Presidents elected after the en- the aisle, in particular, Mr. PLATTS and utor. The National Archives would be actment of this act. It is my hope that Mr. DUNCAN. required to disclose this information we can take politics out of disclosure, The legislation that they have through a free, searchable, and which is an important issue. worked on that is before us today is downloadable database. I also commend the Chair of our subpart of a larger effort by Congress to Mr. Speaker, this is a nonpartisan committee, Mr. CLAY, for his leader- restore that honesty and account- problem, and what we have before us ship on our subcommittee and in this ability in the Federal Government. today is a nonpartisan solution. This bill. Simply put, this legislation would bill does not seek to limit the amount Mr. Speaker, I reserve the balance of shine sunlight on donations to Presi- a donor can contribute or the amount a my time. dential libraries. foundation can solicit. It simply seeks Mr. MURPHY of Connecticut. Mr. Mr. Speaker, the Presidential library to shed sunlight on the process. Speaker, I yield 2 minutes to the gen- system was created by Franklin Delano Many of us came to Congress to bring tleman from California (Mr. WAXMAN), Roosevelt. Roosevelt had an idea to government out of the back rooms and the distinguished chairman of the Gov- create a repository to house his Presi- back into the open air. This bill, I be- ernment Oversight and Reform Com- dential papers for the benefit of future lieve, is an important step in that mittee. generations of Americans; you could transformation; and I am honored to be Mr. WAXMAN. Mr. Speaker, I thank call it yet another successful New Deal able to stand on the work of colleagues the gentleman from Connecticut for program. who have worked on this issue over the yielding to me and for managing this

VerDate Aug 31 2005 01:56 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.003 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2495 legislation. It will be the first of a and in fact it was the 106th Congress quires that donations and donor infor- number of bills that we think are im- when I first introduced this because I mation must be disclosed to the public. portant for openness, transparency, ac- learned that some foreign governments These requirements help to preserve countability and sunshine in govern- from the Middle East were making the integrity of our democratic system ment. very large contributions to the pro- by ensuring that campaign donors do This particular legislation has strong posed library for President Clinton, not exercise undue influence over bipartisan support. The gentleman and I was concerned that could lead to elected policy-makers. from Tennessee (Mr. DUNCAN) intro- undue influence on the part of not only Similar requirements do not apply to duced it originally several years ago, foreign governments but perhaps oth- Presidential library fund-raising cam- and we are building on his proposal. It ers. paigns, and this creates the potential is a wise proposal because it would pro- Many months later after I introduced for large donors to exert or appear to vide for disclosure of contributions this bill, I learned that Marc Rich’s ex- exert improper influence over a sitting that are made for Presidential librar- wife, and one of his closest friends, had President. ies. made very large contributions to the The fact that private foundations are There is nothing wrong with contrib- Clinton library, and then President required to raise money to build and uting to Presidential libraries, but at Clinton, on his last day in office, grant- maintain Presidential libraries lowers the present time contributions to Pres- ed a pardon to Mr. Rich who had fled the burden on taxpayers, but it also in- idential libraries can be of any amount, the country after evading $40 million in creases the incentive for sitting Presi- from my source, and they need not be income taxes. dents to pursue aggressive fund-raising disclosed. This is a loophole that calls I can tell you this, in my mind, is not for libraries that have become more for abuse. Whether it is real or per- a partisan bill. I introduced this under and more expensive over the years. ceived, we should not have special in- a Democratic President. I reintroduced Under H.R. 1254, the Presidential Li- terest groups making contributions to it in the 107th Congress under a Repub- brary Foundation would be required to a Presidential library with the expecta- lican President. As has been noted by report on a quarterly basis all donation that they may receive something the gentleman from Ohio, this bill tions of $200 or more. This requirement in return. We should not allow foreign passed the House by a vote of 392–3. would apply to donations made to the governments even to contribute to There was not enough interest in the foundation during the time that the Presidential libraries. Senate at that time, and so we are President is in office and during the pe- This legislation would require disclo- back here today to try to pass this bill riod before the Archives agrees to use sure of contributions that are made to this time to bring as, has already been the land or facility. In addition, the proposal calls on the Presidential libraries and their affili- said, some openness, some trans- Archivist to make all reports available ates. parency, to shed some light on these to the public online through a search- It is interesting to see that in recent contributions and on what would be a years Presidential libraries and their able and downloadable database. real potential for abuse under either a In 2000, during the last days of the affiliated institutions have grown and Democratic or Republican President in Clinton Presidency, the House passed become increasingly expensive. It cost the future. similar legislation by an overwhelming more than $80 million, although I even As Chairman WAXMAN and others bipartisan vote. A similar provision think that is a lot of money, but that have said, the price tag on these Presi- was included in legislation introduced was what it cost to build the George dential libraries has escalated just in a last year by then-Minority Leader H.W. Bush Library. President Clinton few years’ time from $80 million to $500 PELOSI but it did not move. went and doubled that amount, and it million projected for this President’s Mr. Speaker, the time has passed for took $165 million to build his library. library, and no telling where those li- the Congress and the President to There are recent reports suggesting braries might go in the future in regard enact these requirements into law. that the projected fund-raising target to costs. This is not a partisan issue. It is an for this President Bush’s target library This bill does not prohibit any con- issue of concern to all Americans who is $500 million. tributions. It allows even very, very care about government, integrity and I think that we ought to have disclo- large contributions. All it does is re- transparency. sure, as do my colleagues on the other quire reporting, quarterly reporting. I commend Mr. WAXMAN, my fellow side of the aisle. It is time for openness My original bill has been made original cosponsors, Mr. DUNCAN, Mr. and sunshine in the area of these con- stronger by the suggestions, by the ac- PLATTS and Mr. EMANUEL, for their tributions, and I strongly support it. tions by Chairman WAXMAN, and I sup- leadership on this issue and urge all of I want to commend all of the people port this bill. I think it is a good gov- my colleagues to support this impor- who have been involved in this legisla- ernment bill, and I think it is one that tant bipartisan bill. tion, the chairman of the sub- all of our colleagues can be proud in Mr. TURNER. Mr. Speaker, I have no committee, Mr. CLAY; the ranking supporting. It will certainly help to other speakers at this moment and remember, Mr. TURNER, and all of those prevent some real serious potentials serve the balance of my time. involved. for abuse in the years ahead if we pass Mr. MURPHY of Connecticut. Mr. Mr. TURNER. Mr. Speaker, I yield as this legislation. Speaker, I yield 3 minutes to my much time as he may consume to my So I appreciate the support of every- friend, the gentleman from Illinois distinguished colleague from Tennessee one who has spoken here today, and I (Mr. EMANUEL). (Mr. DUNCAN). urge the support of all of my col- Mr. EMANUEL. Mr. Speaker, I would Mr. DUNCAN. Mr. Speaker, I want to leagues. like to thank my colleague from Con- first thank the gentleman from Ohio Mr. MURPHY of Connecticut. Mr. necticut and colleagues from California for yielding me this time and for his Speaker, I yield 3 minutes to the gen- and Missouri and my other colleagues work on this legislation and his kind tleman from Missouri (Mr. CLAY), the for their leadership on this legislation. comments from a few minutes ago, and distinguished chairman of the sub- It is an important part of this legis- I want to thank the gentleman from committee. lation, like the other legislation we are Connecticut who is managing the bill Mr. CLAY. Mr. Speaker, I thank the doing on whistleblowers and protection today. Especially I want to thank gentleman from Connecticut for yield- for whistleblowers, as well as the no- Chairman WAXMAN because this bill, ing and managing this bill. I want to bid contracts. while it has been mentioned that we also thank the gentleman from Ten- If you look at the Presidential li- passed this once before in an earlier nessee for his leadership on this sub- brary and the other two pieces of legis- Congress, it would not be on the floor ject. I rise in strong support of H.R. lation, they all have a common mean- today if it were not for the support of 1254 and urge my colleagues to vote in ing, to ensure that the public trust is Chairman WAXMAN, and I do appreciate favor of it. protected from being bent for the pri- that very much. Mr. Speaker, Federal election laws vate interest. As has already been mentioned, I in- limit the amount a single source can What we mean here is that, in mak- troduced this bill several years ago, give to a political campaign. It re- ing sure in the period of time in which

VerDate Aug 31 2005 01:56 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.012 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2496 CONGRESSIONAL RECORD — HOUSE March 14, 2007 a President of the United States is b 1100 tinue work on issues they care about. But if raising money for their library, that at Mr. MURPHY of Connecticut. Mr. sitting Presidents are raising money in undis- no time will their actions, or public ac- Speaker, I yield myself so much time closed, unlimited amounts for projects in which tions, be influenced by those who are as I may consume. they are personally invested, wealthy special willing to support their library. In the I want to thank both sides of the interests have unprecedented opportunities to same way that we are trying to make aisle, Mr. DUNCAN, Mr. WAXMAN and seek access and influence at the White House sure later this week when we vote on Mr. CLAY, who have done such great and evade all public scrutiny. At the very least, the no-bid contracts, that in no way work on this issue. They have con- the public deserves to know the amount of do- should those contracts be renewed structed a bill which will allow the de- nations, the names, addresses and occupa- automatically for those who have got- velopment of these facilities to move tions of the donors, and the dates donations ten their business, no-bid contracts, forward in an expeditious manner, but were made. and somehow had the influence to get done so in a way that gives people faith H.R. 1254 requires that all organizations es- that legislation, and the whistleblower in that process. tablished for the purpose of raising funds for legislation, all attempted to protect So much of our ability to build and Presidential libraries or their related facilities the public trust. rebuild faith in this government is con- report on a quarterly basis all contributions of President Bush plans on raising nected to whether or not people believe $200 or more. about $500 million for his Presidential that things we do here are done in the Under H.R. 1254, organizations fundraising library. President Clinton’s library has open light of day. Today is going to be for Presidential libraries would be required to cost about $165 million, and President a very good day to restore part of peo- disclose their donations while the President is Bush’s, the 41st President, library cost ple’s faith in this government, and this in office and during the period before the Fed- approximately $80 million, slightly bill is an important first step. eral government has taken possession of the more than that, and there are no ques- Ms. JACKSON-LEE of Texas. Mr. Speaker, library. The bill sets a minimum reporting pe- tions asked about where the money I rise today in strong support of the public’s riod of 4 years after the end of a President’s comes from. right to know. I rise in support of H.R. 1254, term. We do not know who is raising these the ‘‘Presidential Library Donations Reform Act The bill injects sunshine in government by funds, who is donating them, and if the of 2007,’’ which requires the disclosure of do- making public information about donations to donors are looking for any other favors nors to presidential libraries. presidential libraries made during the term of in return. This process is overdue for Mr. Speaker, Presidential libraries are built the president in question. Under the bill, presi- sunlight, and we are reforming that using private funds raised by an organization dential library fundraising organizations would practice here today. or foundation working on behalf of the Presi- be required to disclose to Congress and the I am proud to have worked with Con- dent. It costs a lot of money to construct and Archivist the amount and date of each congressman WAXMAN, Congressman CLAY, endow a Presidential library. The first Presi- tribution, the name of the contributor, and if Congressman PLATTS, and Congress- dential library, housing the papers of Franklin the contributor is an individual, the occupation man DUNCAN in drafting this bill, D. Roosevelt, cost less than $400,000 to build, of the contributor. As noted previously, the Na- which would require the disclosure of about $5 million adjusted for inflation. But tional Archives would be required to make the any contribution of $200 and above for since that time, Presidential libraries have information available to the public through a a Presidential library. This informa- grown more and more ambitious and costly. free, searchable, and downloadable database tion will be available online so that The $26 million Carter library was succeeded on the Internet. every American can see who is sending by the $57 million Reagan library, followed in For all of these reasons, Mr. Speaker, I money to the Oval Office. turn by the $83 million library complex for strongly support H.R. 1254. As Justice Bran- Mr. Speaker, change is good. Last former President George H.W. Bush, and the deis famously observed, ‘‘sunshine is the best November, the American people voted $165 million Clinton library complex. George disinfectant.’’ I urge all my colleagues to join for change and that is exactly what we W. Bush’s Presidential library complex may me in supporting this important and necessary are doing this week and this year. We cost as much as $500 million. legislation. are changing the way business is done To erect these major complexes is going to Mr. MURPHY of Connecticut. Mr. in Washington and restoring integrity take more than the $25 to $50 donations that Speaker, I yield back the balance of to government. built Harry Truman’s modest Presidential li- my time. brary. Donations from individual donors can Mr. TURNER. Mr. Speaker, I want to In the first weeks, when we were and have amounted to several million dollars. congratulate, again, Mr. DUNCAN of here, we initiated change on banning Under current law, Presidents may raise un- Tennessee, and urge all Members to gifts, banning meals by lobbyists, mak- limited funds for their libraries while in office, support the passage of H.R. 1254. ing sure earmarks had reform, and this which raises concerns about conflicts of inter- Mr. Speaker, I yield back the balance is part of that step-by-step process. est, corruption or the appearance of corrup- of my time. You will not change the ways of Wash- tion. This is because donations for the Presi- The SPEAKER pro tempore. The ington overnight, but you must have a dential library can be unlimited in size but are question is on the motion offered by dedicated step-by-step process to bring not required to be disclosed. the gentleman from Connecticut (Mr. reform to the way business is done in Mr. Speaker, H.R. 1254 greatly enhances MURPHY) that the House suspend the Washington. This is an important step, the public’s access to information because it rules and pass the bill, H.R. 1254. as will be the whistleblower protection requires that contribution information be made The question was taken. we take on today and vote on, and the available in a timely manner on the Internet in The SPEAKER pro tempore. In the no-bid contracts for those who are try- a searchable, sortable, downloadable data- opinion of the Chair, two-thirds being ing to enact contracting reform in the base, without any fee or access charges. This in the affirmative, the ayes have it. areas of Iraq, Katrina and other places. proposal would ensure, for the first time, the Mr. MURPHY of Connecticut. Mr. As you just saw last week, the tax- public knows the source of contributions to the Speaker, on that I demand the yeas payers are getting back only 40 cents Presidential libraries intended to serve them. and nays. on the dollar for the trailers they built Typically, fundraising to construct a Presi- The yeas and nays were ordered. for the protection of hurricane victims dential library is done through a nonprofit The SPEAKER pro tempore. Pursu- because we did not use it. We have got foundation or group, which is free to seek do- ant to clause 8 of rule XX and the to reform the way Washington does nations from corporations, individuals, even Chair’s prior announcement, further work, and this is an important piece of foreign nationals and foreign governments. Sit- proceedings on this question will be legislation in doing that as part of our ting presidents may be actively involved in so- postponed. overall process. liciting these contributions. And there is no f I thank all my colleagues for their limit on the size of the donations, and no re- work on this legislation. quirement that they be disclosed. PRESIDENTIAL RECORDS ACT Mr. TURNER. Mr. Speaker, I do not Mr. Speaker, a Presidential library complex AMENDMENTS OF 2007 have any other speakers for the mo- has become one of the vehicles for Presidents Mr. CLAY. Mr. Speaker, I move to ment, and I reserve the balance of my to shape and perpetuate their legacy. They suspend the rules and pass the bill time. also provide a platform for Presidents to con- (H.R. 1255) to amend chapter 22 of title

VerDate Aug 31 2005 04:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.013 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2497 44, United States Code, popularly subject to a privilege claim asserted by a that the House should consider H.R. known as the Presidential Records Act, former President until the expiration of the 1255 during Sunshine Week, when we to establish procedures for the consid- 20-day period (excluding Saturdays, Sundays, can call attention to the importance of eration of claims of constitutionally and legal public holidays) beginning on the transparency and open government. date the Archivist is notified of the claim. based privilege against disclosure of ‘‘(2) Upon the expiration of such period the Introduced by Representative WAX- Presidential records, as amended. Archivist shall make the record publicly MAN, this bipartisan bill is intended to The Clerk read as follows: available unless otherwise directed by a promote the timely release of Presi- H.R. 1255 court order in an action initiated by the dential records under the Presidential Be it enacted by the Senate and House of Rep- former President under section 2204(e). Records Act of 1978, by rescinding Ex- resentatives of the United States of America in ‘‘(d)(1) The Archivist shall not make pub- ecutive Order 13233. Issued by President Congress assembled, licly available a Presidential record that is Bush in November 2001, the executive subject to a privilege claim asserted by the SECTION 1. SHORT TITLE. order granted new authority to Presi- incumbent President unless— This Act may be cited as the ‘‘Presidential ‘‘(A) the incumbent President withdraws dents, former Presidents, their heirs Records Act Amendments of 2007’’. the privilege claim; or and designees and Vice Presidents, al- SEC. 2. PROCEDURES FOR CONSIDERATION OF ‘‘(B) the Archivist is otherwise directed by lowing them to withhold information CLAIMS OF CONSTITUTIONALLY BASED PRIVILEGE AGAINST DISCLO- a final court order that is not subject to ap- from public view unilaterally and in- SURE. peal. definitely. (a) IN GENERAL.—Chapter 22 of title 44, ‘‘(2) This subsection shall not apply with Mr. Speaker, I reserve the balance of United States Code, is amended by adding at respect to any Presidential record required my time. the end the following: to be made available under section 2205(2)(A) Mr. TURNER. Mr. Speaker, I yield or (C). ‘‘§ 2208. Claims of constitutionally based ‘‘(e) The Archivist shall adjust any other- myself such time as I may consume. privilege against disclosure wise applicable time period under this sec- When it comes to the records of a ‘‘(a)(1) When the Archivist determines tion as necessary to comply with the return President, we need to ensure that the under this chapter to make available to the date of any congressional subpoena, judicial public’s interest remains paramount. public any Presidential record that has not subpoena, or judicial process.’’. As I noted in the subcommittee, it is previously been made available to the public, (b) RESTRICTIONS.—Section 2204 of title 44, important that we distinguish the Na- the Archivist shall— United States Code (relating to restrictions ‘‘(A) promptly provide notice of such deter- tion’s interest from that of a former on access to presidential records) is amended President’s interest. We need to mination to— by adding at the end the following new sub- ‘‘(i) the former President during whose section: achieve that critical balance between term of office the record was created; and ‘‘(f) The Archivist shall not make available the President’s constitutional privilege ‘‘(ii) the incumbent President; and any original presidential records to any indi- and the public’s right to know. ‘‘(B) make the notice available to the pub- vidual claiming access to any presidential The bill is one step toward preserving lic. record as a designated representative under and protecting the constitutional pre- ‘‘(2) The notice under paragraph (1)— section 2205(3) if that individual has been rogatives of Presidents while pre- ‘‘(A) shall be in writing; and convicted of a crime relating to the review, ‘‘(B) shall include such information as may serving public access to important and retention, removal, or destruction of records historic Presidential records. The leg- be prescribed in regulations issued by the Ar- of the Archives.’’. chivist. (c) CONFORMING AMENDMENTS.—(1) Section islation before us established a process ‘‘(3)(A) Upon the expiration of the 20-day 2204(d) of title 44, United States Code, is whereby incumbent and former Presi- period (excepting Saturdays, Sundays, and amended by inserting ‘‘, except section 2208,’’ dents could, within specified time lim- legal public holidays) beginning on the date after ‘‘chapter’’. its, review records prior to their re- the Archivist provides notice under para- (2) Section 2207 of title 44, United States lease and determine whether to assert graph (1)(A), the Archivist shall make avail- Code, is amended in the second sentence by constitutional privilege claims against able to the public the record covered by the inserting ‘‘, except section 2208,’’ after notice, except any record (or reasonably seg- release of the records. ‘‘chapter’’. This legislation is identical to H.R. regable part of a record) with respect to (d) CLERICAL AMENDMENT.—The table of which the Archivist receives from a former sections at the beginning of chapter 22 of 4187, introduced in the 107th Congress President or the incumbent President notifi- title 44, United States Code, is amended by and approved by the committee under cation of a claim of constitutionally based adding at the end the following: the leadership of the gentleman from privilege against disclosure under subsection ‘‘2208. Claims of constitutionally based privi- Indiana (Mr. BURTON). I want to com- (b). lege against disclosure.’’. mend him for his work in this area. ‘‘(B) A former President or the incumbent SEC. 3. EXECUTIVE ORDER OF NOVEMBER 1, 2001. In addition, I want to highlight an President may extend the period under sub- Executive Order number 13233, dated No- amendment which was approved by the paragraph (A) once for not more than 20 ad- vember 1, 2001 (66 Fed. Reg. 56025), shall have ditional days (excepting Saturdays, Sundays, full committee. This provision will no force or effect. and legal public holidays) by filing with the close a loophole in the Presidential Archivist a statement that such an exten- The SPEAKER pro tempore. Pursu- Records Act which would have allowed sion is necessary to allow an adequate review ant to the rule, the gentleman from individuals previously convicted of a of the record. Missouri (Mr. CLAY) and the gentleman crime relating to the mishandling of ‘‘(C) Notwithstanding subparagraphs (A) from Ohio (Mr. TURNER) each will con- Archives records to continue to have and (B), if the period under subparagraph trol 20 minutes. special access to Presidential records. (A), or any extension of that period under The Chair recognizes the gentleman subparagraph (B), would otherwise expire The amendment to the bill states that after January 19 and before July 20 of the from Missouri. the Archivist shall not make available year in which the incumbent President first GENERAL LEAVE any Presidential records to any indi- takes office, then such period or extension, Mr. CLAY. Mr. Speaker, I ask unani- vidual claiming access as a designated respectively, shall expire on July 20 of that mous consent that all Members may representative under section 2205(3) of year. have 5 legislative days in which to re- title 44 if that individual has been con- ‘‘(b)(1) For purposes of this section, any vise and extend their remarks. victed of a crime relating to the re- claim of constitutionally based privilege The SPEAKER pro tempore. Is there view, retention, removal or destruction against disclosure must be asserted personally by a former President or the incumbent objection to the request of the gen- of Archives records. President, as applicable. tleman from Missouri? If you are convicted of mishandling ‘‘(2) A former President or the incumbent There was no objection. Archives records, you should not have President shall notify the Archivist, the Mr. CLAY. Mr. Speaker, I yield my- special access to original Presidential Committee on Oversight and Government self such time as I may consume. records. You are a proven risk, and we Reform of the House of Representatives, and As chairman of the Oversight Sub- are obligated to mitigate this type of the Committee on Homeland Security and committee on Information Policy, Cen- risk. Given the critical importance of Governmental Affairs of the Senate of a sus, and National Archives and an Presidential records to the public, to privilege claim under paragraph (1) on the same day that the claim is asserted under original cosponsor of the Presidential researchers and to the press, we must paragraph (1). Records Act Amendments of 2007, I ensure no one is able to tamper with ‘‘(c)(1) The Archivist shall not make pub- strongly support H.R. 1255 and urge its history. This bill today includes this licly available a Presidential record that is passage by the House. It is appropriate important amendment.

VerDate Aug 31 2005 01:56 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.015 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2498 CONGRESSIONAL RECORD — HOUSE March 14, 2007 I also want to commend the Chair of ponent of this open government agen- available, let those who want to inter- our subcommittee, Mr. CLAY, for his da. pret those events do so as they see fit; leadership on the subcommittee, and I urge my colleagues to support this and in doing so, by making these his thoughtful hearings held by the legislation, protect historical research, records available to scholars and the subcommittee in support of this bill. and vote for this bill. public, we can find out the information Mr. Speaker, I reserve the balance of Mr. TURNER. Mr. Speaker, I reserve that we didn’t know at the time the my time. the balance of my time. events were taking place: what moti- Mr. CLAY. Mr. Speaker, at this time Mr. CLAY. Mr. Speaker, I yield my- vated certain decisions, what other fac- I now yield 3 minutes to the distin- self such time as I may consume. tors were being considered, what was guished Chair of the full Committee on Mr. Speaker, during subcommittee going on that led to certain conclu- Oversight and Government Reform, the hearings last week, the Archivist of the sions. gentleman from California (Mr. WAX- United States, Allen Weinstein, testi- There are books now being written MAN). fied that Executive Order 13233 has about the present day, how we got into Mr. WAXMAN. I thank the chairman ‘‘added to the endemic problem of Iraq, what we had hoped to do, what we of the subcommittee for yielding to me delay that NARA faces from the PRA still hope we can accomplish, what the and the fine work he and his sub- in the processing of Presidential thinking was of those who led us into committee have done with this legisla- records.’’ the adventure. Many of the books have tion. I also want to commend the gen- Tom Blanton of the National Secu- been praiseworthy, and most of them tleman from Ohio, the ranking member rity Archive testified that the order al- have been quite critical. But it won’t of that subcommittee. ready has added 5 years to the response be until the judgment of history that Mr. Speaker, this bill also builds on a time for records from the Reagan li- we will be able to fill in many of the bipartisan proposal that came to light brary and violates the letter and spirit gaps that remain. in the last Congress, and I think it fits of the PRA. So, at some point, Presidential well within the theme of many of the Presidential historian Robert Dallek records help scholars fill in those gaps. bills that we are pursuing this week, urged Congress to rescind the order, That is why I think it is so worthwhile openness in government. stating, ‘‘President Bush’s order car- to have this information available, at The bill has a straightforward goal. ries the potential for an incomplete least at a time when there is some his- It ensures that future historians have and distorted understanding of past torical perspective. Many times it is access to Presidential records as the Presidential decisions, especially about after the President has passed on, but Presidential Records Act intended. controversial actions with significant certainly long after the President’s ad- This law was adopted after the Wa- consequences.’’ ministration. tergate scandals to underscore the fact ‘‘It is understandable,’’ said Dr. During the Nixon period, President that Presidential records belong to the Dallek, ‘‘that every President and his Nixon thought that the records be- American people, not to the President, heirs wants to put the best possible longed to him, and he sought, as I re- not to his family, but to the American face on his administration, but an un- call, a tax break for donating his people. It has been a bipartisan pro- critical or limited reconstruction of records to a nonprofit organization. He posal from the very beginning. In fact, our Nation’s history does nothing to felt he could control those records. this bill had bipartisan support not serve its long-term national interest.’’ Well, I think the American people only from Mr. CLAY and others, but Mr. Mr. Speaker, the long-term national looked at that and said, wait a minute, PLATTS and Mr. BURTON. interest demands that the American some things are his, the President’s, to The act said that these records would people know how and why important do with as he sees fit, but some things be available to researchers and the gen- decisions are made at the highest level don’t really belong to him. eral public in a timely manner. This of our government. This straight- 1115 was the rule for over two decades, but forward and bipartisan legislation b in 2001, President George W. Bush would ensure that this will be the case They belong to the American people. issued an executive order that turned by requiring that Presidential records They belong to scholars. They belong the Presidential Records Act on its will be treated as the property of the to history. And the Presidential head and gave Presidents the authority American people. Records Act was adopted because of to keep their records out of the public Mr. Speaker, I urge all of my col- that concern. It has worked well for eye. leagues to support the bill as reported several decades, and it is only when we The Bush order gives both current by the Committee on Oversight and saw the executive order presented by and former Presidents nearly unlimited Government Reform. President George W. Bush that some of authority to withhold Presidential Mr. Speaker, I reserve the balance of the concerns have been raised because records from public view or to delay my time. that Presidential order overturned the their release indefinitely. It allows a Mr. TURNER. Mr. Speaker, I reserve one that was put into effect by Presi- designee of former Presidents to assert the balance of my time. dent Reagan implementing the post- executive privilege after the Presi- Mr. CLAY. Mr. Speaker, I yield such Watergate legislation. dent’s death, and for the first time, it time as the gentleman from California So I wanted to use this additional gives former Vice Presidents the au- (Mr. WAXMAN) may consume. time to give some historical back- thority to assert privilege over their Mr. WAXMAN. Thank you very much ground to this matter. We heard from own documents. In short, this gives for yielding to me. many scholars, as the chairman of the former Presidents and their heirs the Mr. Speaker, history is important be- subcommittee indicated, who set out ability to control their legacy and de- cause it informs us of events of the the reasons why they thought it was termine what information will be past, so we can learn from those important to be able to get this infor- available to history. events, not to make the same mistakes mation, the Archivist, Mr. Weinstein, That undermines the entire purpose or to follow good examples that turned Presidential scholars like Mr. Dallek of the Presidential Records Act. Histo- out to be successful. History always is and Mr. Reeves, particularly, who have rians and scholars need access to Presi- an ongoing process. It is a process of written about recent Presidents, urged dential records so that there is an ac- looking at facts and reinterpreting us to adopt this legislation. And I am curate record of a President’s term in those facts, often in light of current pleased that now we are considering it. office and not an alleged version based events and matters that are before the And it is important, it is a good gov- on what the President chooses to researchers at the present time. ernment bill, and we are doing it in the share. But there are those who would like appropriate way, in a bipartisan spirit During Sunshine Week this bill fits to rewrite history for their own pur- where we vote together on the com- in so well, because it would make sure poses, and to the extent that we can mittee. And I commend all those in- that information about government keep that from happening, I think this volved. And I know now, because I have and government activities is open to bill goes a long way. It would allow the just been informed, that the next bill is public scrutiny. It is an essential com- records, the raw information, to be ready for consideration of the House.

VerDate Aug 31 2005 01:56 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.016 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2499 Mr. CLAY. Mr. Speaker, I want to former President had to assert the privilege Before he left office, President Reagan used thank the chairman of our committee personally is to extend the time in which Presi- his authority under the act to restrict access to for those anecdotes and his knowledge dential records may be withheld in perpetuity. some of his records for 12 years, a period that of history. H.R. 1255 makes clear that the right to claim expired in January 2001. I also want to thank the ranking executive privilege is personal to current and In February 2001, the Archivist provided the member from Ohio for his cooperative former Presidents and does not survive the required 30-day notice of his intent to release spirit of allowing the sunshine in on death of the former President. about 68,000 pages of former President Rea- this bill and the other bills that we Mr. Speaker, perhaps the most egregious gan’s records. In March, June, and August of have been discussing today. aspect of President Bush’s Executive order is 2001, the counsel to President Bush instructed And I just want to close by urging all that it authorized former Vice Presidents to as- the Archivist to extend the time for claiming of my colleagues to vote in support of sert executive privilege claims over Vice Presi- executive privilege. And then, in November H.R. 1255, the Presidential Records Act dential records. If the authority to assert such 2001, President Bush issued a new Executive Amendments of 2007. a claim is left undisturbed, the public will never order extending the review period for former Ms. JACKSON-LEE of Texas. Mr. Speaker, learn what really went on behind the closed Presidents to 90 days and allowing a former I rise today in strong support of H.R. 1255, the doors of Vice President CHENEY’s secret en- President to extend it indefinitely. In addition, ‘‘Presidential Records Act Amendments of ergy task force or the White House Iraq that order allows an unlimited review period 2007,’’ which vitiates an Executive order Group’s marketing campaign to sell the Iraq for the current President and requires the Ar- issued in 2001 by President Bush that unrea- War to the Congress and the American peo- chives to honor the assertions of executive sonably and severely restricts public access to ple. That is why I support the provision in H.R. privilege made by either the incumbent or a Presidential records. By negating that Execu- 1255 limiting the right to assert executive privi- former President—even if an incumbent Presi- tive order, we win a great victory for open gov- lege over Presidential records only to Presi- dent disagrees with the former President’s ernment. dents and former Presidents. claim. And, while the Reagan order said Under the Presidential Records Act, Presi- Mr. Speaker, I strongly support H.R. 1255 records were to be released on a schedule dential records are supposed to be released to and urge all my colleagues to join me in sup- unless action occurred, the Bush Executive historians and the public 12 years after the porting this legislation amending the Presi- order says records will be released only after end of a Presidential administration. Shortly dential Records Act to nullify the Bush Execu- actions by the former and current Presidents after taking office in 2001, President Bush tive order and establish procedures to ensure have occurred—so, secrecy, not disclosure, is issued Executive Order 13233, which over- the timely public release of Presidential the rule. Also, the Bush Executive order allows turned President Reagan’s Executive order records. designees of a former President to assert and gave current and former Presidents and Mr. UDALL of Colorado. Mr. Speaker, as a privilege claims after that President’s death Vice Presidents broad authority to withhold proud cosponsor of this bill—and of similar and authorizes former vice Presidents to as- Presidential records or delay their release in- legislation since shortly after I was first elected sert executive privilege claims over their definitely. H.R. 1255 will nullify the Bush Exec- to Congress—I strongly support its approval records. utive order and establish procedures to ensure by the House. Mr. Speaker, when we think what difference the timely release of Presidential records. The bill amends the Presidential Records the release of the Kennedy, Johnson, and Under the Bush Executive order, the Archi- Act of 1978 to establish a clear and equitable Nixon tapes has made in our understanding of vist of the United States must wait for both the process enabling incumbent and former Presi- the decision-making on Vietnam we can see current and former President to approve the dents to review records prior to their public re- how much could be lost if representatives of release of Presidential records, a review proc- lease under the act and determine whether to the Reagan, Clinton, and current Bush admin- ess that can continue indefinitely. Under the assert constitutional privilege claims against istrations in the future can hold back any and bill, the current and former President would release of the records. all documents related to Iran-contra, the first have a set time period of no longer than 40 Importantly, it would revoke an Executive gulf war, the way the Clinton administration re- business days to raise objections to the re- order issued by President George W. Bush in sponded to intelligence about a potential Al lease of these records by the Archivist. 2001 that overturned rules set by President Qaeda attack, or the current administration’s Mr. Speaker, another salutary feature of Ronald Reagan. By that order, President Bush decisions about Iraq. H.R. 1255 is that it limits the authority of has sought to give himself and Vice President It is understandable that every President former Presidents to withhold Presidential CHENEY—as well as former Presidents and and his or her heirs wants to put the best pos- records. To prevent the release of his records Vice Presidents—broad authority to withhold sible face on his administration, but an edited under the regime established by President Presidential records or delay their release in- and airbrushed version of history is not some- Reagan’s Executive order, a former President definitely. I do not think that order should be thing that will serve our long-term national in- was required to request the incumbent Presi- allowed to stand. terest. dent to assert the claim of executive privilege. The Presidential Records Act was enacted H.R. 1255 would nullify Executive Order If the incumbent President decided not to as- in 1978 after the Watergate scandal and the 13233 and establish procedures to ensure the sert executive privilege, however, the records subsequent resignation of President Nixon. It timely release of Presidential records. would be released unless the former President makes clear that Presidential records belong It requires the Archivist to give advance no- succeeded in obtaining a court order uphold- to the American people, not to the President, tice to former and incumbent Presidents being the assertion of privilege and enjoining dis- and required the Archivist of the United fore records are released so they can review closure. States—who was given custody of the the records and decide whether to claim privi- The regime established by President Bush’s records—to make the records available to the lege and provides for withholding of material Executive order turned this process on its public as rapidly and completely as possible for which the incumbent President claims privi- head. It requires the incumbent President to consistent with the provisions of the law. lege. The bill also clarifies that the incumbent sustain the executive privilege claim of the The act first applied to the records of former and former Presidents must make privilege former President unless a person seeking ac- President Ronald Reagan. In 1989, he issued claims personally and that a right to claim excess could persuade a court to reject the an Executive order requiring the Archivist to ecutive privilege cannot be bequeathed to as- claim. In effect, the Bush order gave former give the incumbent and former Presidents 30 sistants, relatives, or descendants. And the bill Presidents virtually unlimited authority to with- days notice before releasing Presidential eliminates executive privilege claims for vice hold Presidential records through assertions of records, with the records to be released after Presidents, restoring the long-standing doc- executive privilege. H.R. 1255 restores the that unless the incumbent or former President trine that the right to executive privilege over Reagan approach, giving the incumbent Presi- claimed executive privilege, or unless the in- Presidential records is held only by Presi- dent the discretion to reject ill-founded asser- cumbent President instructed the Archivist to dents. tions of executive privilege by former Presi- extend the period indefinitely. If the incumbent Mr. Speaker, this is a fair, balanced, and es- dents. President decided to invoke executive privi- sential bill. I strongly urge its approval. Mr. Speaker, under President Bush’s Execu- lege, the Archivist would withhold the records Mr. CLAY. Mr. Speaker, I yield back tive order regime, claims of executive privilege unless directed to release them by a final the balance of my time. could be asserted to defeat disclosure even court order. If the incumbent President de- Mr. TURNER. Mr. Speaker, I urge all after the death of a former President by his cided not to support a former President’s claim Members to vote in support of passage heirs, assigns, and descendants. The practical of privilege, the Archivist would decide wheth- of H.R. 1255, and I yield back the bal- effect of eliminating the requirement that the er or not to honor the claim. ance of my time.

VerDate Aug 31 2005 04:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.019 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2500 CONGRESSIONAL RECORD — HOUSE March 14, 2007 The SPEAKER pro tempore. The (1959)), ‘‘The effective functioning of a free ‘‘(I) notify the Special Counsel of each civil question is on the motion offered by government like ours depends largely on the action described under the first sentence of the gentleman from Missouri (Mr. force of an informed public opinion. This clause (i); and calls for the widest possible understanding of ‘‘(II) annually submit a report to Congress CLAY) that the House suspend the rules the quality of government service rendered on the number of such civil actions in the and pass the bill, H.R. 1255, as amend- by all elective or appointed public officials preceding year. ed. or employees.’’; ‘‘(iii) The Special Counsel shall annually The question was taken. (2) the American people firmly believe that submit a report to Congress on the actions The SPEAKER pro tempore. In the our system of government must itself be gov- taken by the Special Counsel under clause opinion of the Chair, two-thirds being erned by a presumption of openness; (i).’’. in the affirmative, the ayes have it. (3) the Freedom of Information Act estab- SEC. 6. TIME LIMITS FOR AGENCIES TO ACT ON lishes a ‘‘strong presumption in favor of dis- REQUESTS. Mr. CLAY. Mr. Speaker, on that I de- (a) TIME LIMITS.— mand the yeas and nays. closure’’ as noted by the United States Su- preme Court in United States Department of (1) IN GENERAL.—Section 552(a)(6)(A)(i) of The yeas and nays were ordered. State v. Ray (502 U.S. 164 (1991)), a presump- title 5, United States Code, is amended by The SPEAKER pro tempore. Pursu- tion that applies to all agencies governed by striking ‘‘determine within 20 days (except- ant to clause 8 of rule XX and the that Act; ing Saturdays, Sundays, and legal public Chair’s prior announcement, further (4) ‘‘disclosure, not secrecy, is the domi- holidays) after the receipt of any such re- proceedings on this question will be nant objective of the Act,’’ as noted by the quest’’ and inserting ‘‘within the 20-day period commencing on the date on which the postponed. United States Supreme Court in Department of Air Force v. Rose (425 U.S. 352 (1976)); request is first received by the agency (excepting Saturdays, Sundays, and legal public f (5) in practice, the Freedom of Information holidays), which shall not be tolled without Act has not always lived up to the ideals of FREEDOM OF INFORMATION ACT the consent of the party filing the request, that Act; and AMENDMENTS OF 2007 determine’’. (6) Congress should regularly review sec- (2) EFFECTIVE DATE.—The amendment Mr. CLAY. Mr. Speaker, I move to tion 552 of title 5, United States Code (com- made by this subsection shall take effect 1 monly referred to as the Freedom of Infor- suspend the rules and pass the bill year after the date of enactment of this Act. mation Act), in order to determine whether (H.R. 1309) to promote openness in Gov- (b) APPLICABILITY OF AGENCY FEES.— further changes and improvements are nec- ernment by strengthening section 552 (1) LIMITATION.—Section 552(a)(4)(A) of of title 5, United States Code (com- essary to ensure that the Government re- title 5, United States Code, is amended by mains open and accessible to the American adding at the end the following: monly referred to as the Freedom of In- people and is always based not upon the formation Act), and for other purposes, ‘‘(viii) An agency shall refund any fees col- ‘‘need to know’’ but upon the fundamental lected under this subparagraph if the agency as amended. ‘‘right to know’’. fails to comply with any time limit that ap- The Clerk read as follows: SEC. 3. PROTECTION OF FEE STATUS FOR NEWS plies under paragraph (6). Such refunds shall H.R. 1309 MEDIA. be paid from annual appropriations provided Be it enacted by the Senate and House of Rep- Section 552(a)(4)(A)(ii) of title 5, United to that agency.’’. resentatives of the United States of America in States Code, is amended by adding at the end (2) EFFECTIVE DATE AND APPLICATION.—The Congress assembled, the following: amendment made by this subsection shall ‘‘In making a determination of a representa- take effect 1 year after the date of enact- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tive of the news media under subclause (II), ment of this Act and shall apply to requests (a) SHORT TITLE.—This Act may be cited as an agency may not deny that status solely for information under section 552 of title 5, the ‘‘Freedom of Information Act Amend- on the basis of the absence of institutional United States Code, filed on or after that ef- ments of 2007’’. associations of the requester, but shall con- fective date. (b) TABLE OF CONTENTS.—The table of consider the prior publication history of the re- SEC. 7. INDIVIDUALIZED TRACKING NUMBERS tents for this Act is as follows: quester. Prior publication history shall in- FOR REQUESTS AND STATUS INFOR- Sec. 1. Short title; table of contents. clude books, magazine and newspaper arti- MATION. Sec. 2. Findings. cles, newsletters, television and radio broad- (a) IN GENERAL.—Section 552(a) of title 5, Sec. 3. Protection of fee status for news casts, and Internet publications. If the re- United States Code, is amended by adding at media. questor has no prior publication history or the end the following: ‘‘(7) Each agency shall— Sec. 4. Recovery of attorney fees and litiga- current affiliation, the agency shall consider ‘‘(A) establish a system to assign an indi- tion costs. the requestor’s stated intent at the time the vidualized tracking number for each request Sec. 5. Disciplinary actions for arbitrary request is made to distribute information to for information under this section; and capricious rejections of re- a reasonably broad audience.’’. ‘‘(B) not later than 10 days after receiving quests. SEC. 4. RECOVERY OF ATTORNEY FEES AND LITI- Sec. 6. Time limits for agencies to act on re- a request, provide each person making a re- GATION COSTS. quest with the tracking number assigned to quests. (a) IN GENERAL.—Section 552(a)(4)(E) of Sec. 7. Individualized tracking numbers for the request; and title 5, United State Code, is amended by ‘‘(C) establish a telephone line or Internet requests and status informa- adding at the end the following: ‘‘For pur- service that provides information about the tion. poses of this section only, a complainant has status of a request to the person making the Sec. 8. Specific citations in exemptions. substantially prevailed if the complainant request using the assigned tracking number, Sec. 9. Reporting requirements. has obtained relief through either— including— Sec. 10. Openness of agency records main- ‘‘(i) a judicial order, administrative action, ‘‘(i) the date on which the agency origi- tained by a private entity. or an enforceable written agreement or con- nally received the request; and Sec. 11. Office of Government Information sent decree; or ‘‘(ii) an estimated date on which the agen- Services. ‘‘(ii) a voluntary or unilateral change in cy will complete action on the request.’’. Sec. 12. Accessibility of critical infrastruc- position by the opposing party, in a case in (b) EFFECTIVE DATE AND APPLICATION.—The ture information. which the complainant’s claim or defense amendment made by this section shall take Sec. 13. Report on personnel policies related was not frivolous.’’. effect 1 year after the date of enactment of to FOIA. (b) LIMITATION.—Notwithstanding section this Act and apply to requests for informa- Sec. 14. Promotion of public disclosure. 1304 of title 31, United States Code, no tion under section 552 of title 5, United Sec. 15. Requirement to describe exemptions amounts may be obligated or expended from States Code, filed on or after that effective authorizing deletions of mate- the Claims and Judgment Fund of the United date. rial provided under FOIA. States Treasury to pay the costs resulting SEC. 8. SPECIFIC CITATIONS IN EXEMPTIONS. SEC. 2. FINDINGS. from the amendments made by this section. Section 552(b) of title 5, United States Congress finds that— Any such amounts shall be paid only from Code, is amended by striking paragraph (3) (1) the Freedom of Information Act was funds annually appropriated for the Federal and inserting the following: signed into law on July 4, 1966, because the agency against which a claim or judgment ‘‘(3) specifically exempted from disclosure American people believe that— has been rendered. by statute (other than section 552b of this (A) our constitutional democracy, our sys- SEC. 5. DISCIPLINARY ACTIONS FOR ARBITRARY title), provided that such statute— tem of self-government, and our commit- AND CAPRICIOUS REJECTIONS OF ‘‘(A) if enacted after the date of enactment ment to popular sovereignty depends upon REQUESTS. of the Freedom of Information Act Amend- the consent of the governed; Section 552(a)(4)(F) of title 5, United States ments of 2007, specifically cites to this sec- (B) such consent is not meaningful unless Code, is amended— tion; and it is informed consent; and (1) by inserting ‘‘(i)’’ after ‘‘(F)’’; and ‘‘(B)(i) requires that the matters be with- (C) as Justice Black noted in his concur- (2) by adding at the end the following: held from the public in such a manner as to ring opinion in Barr v. Matteo (360 U.S. 564 ‘‘(ii) The Attorney General shall— leave no discretion on the issue; or

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‘‘(ii) establishes particular criteria for days for adjudicating expedited review re- ‘‘(3) IMPACT ON REQUESTER ACCESS TO LITI- withholding or refers to particular types of quests, and the number of requests that ad- GATION.—Nothing in this section shall affect matters to be withheld;’’. judicated within the required 10 days; the right of requesters to seek judicial re- SEC. 9. REPORTING REQUIREMENTS. ‘‘(M) the number of fee waiver requests view as described in section 552 of this (a) ANNUAL REPORT REQUIREMENTS.—Sec- that were granted and the number that were title.’’. tion 552(e)(1) of title 5, United States Code, is denied, and the average and median number (b) TECHNICAL AND CONFORMING AMEND- amended— of days for adjudicating fee waiver deter- MENT.—The table of sections for chapter 21 of (1) in the matter preceding subparagraph minations;’’. title 44, United States Code, is amended by (A) by striking ‘‘fiscal year and which’’ and (b) AVAILABILITY OF RAW STATISTICAL inserting after the item relating to section inserting ‘‘fiscal year. Information in the re- DATA.—Section 552(e)(2) of title 5, United 2119 the following: port shall be expressed in terms of each prin- States Code, is amended by adding after the ‘‘2120. Office of Government Information cipal component of the agency and for the period the following: ‘‘In addition, each Services.’’. agency overall, and’’; agency shall make the raw statistical data SEC. 12. ACCESSIBILITY OF CRITICAL INFRA- (2) in subparagraph (B)(ii), by inserting used in its reports available electronically to STRUCTURE INFORMATION. after the first comma the following, ‘‘the the public upon request.’’. (a) IN GENERAL.—Not later than January 1 number of occasions on which each statute SEC. 10. OPENNESS OF AGENCY RECORDS MAIN- of each of the 3 years following the date of was relied upon,’’; TAINED BY A PRIVATE ENTITY. the enactment of this Act, the Comptroller (3) in subparagraph (C), by inserting after Section 552(f) of title 5, United States General of the United States shall submit to ‘‘median’’ the following: ‘‘and average’’; Code, is amended by striking paragraph (2) Congress a report on the implementation and (4) in subparagraph (E), by inserting before and inserting the following: use of section 214 of the Homeland Security the semicolon the following: ‘‘, based on the ‘‘(2) ‘record’ and any other term used in Act of 2002 (6 U.S.C. 133), including— date on which each request was initially re- this section in reference to information in- (1) the number of persons in the private ceived by the agency’’; and cludes— sector, and the number of State and local (5) by redesignating subparagraphs (F) and ‘‘(A) any information that would be an agencies, that voluntarily furnished records (G) as subparagraphs (N) and (O), respec- agency record subject to the requirements of to the Department under this section; tively, and inserting after subparagraph (E) this section when maintained by an agency (2) the number of requests for access to the following new subparagraphs: in any format, including an electronic for- records granted or denied under this section; ‘‘(F) the average number of days for the mat; and (3) such recommendations as the Comp- agency to respond to requests beginning on ‘‘(B) any information described under sub- troller General considers appropriate regard- the date on which each request was initially paragraph (A) that is maintained for an ing improvements in the collection and anal- received by the agency, the median number agency by an entity under a contract be- ysis of sensitive information held by persons of days for the agency to respond to such re- tween the agency and the entity.’’. in the private sector, or by State and local quests, and the range in number of days for SEC. 11. OFFICE OF GOVERNMENT INFORMATION agencies, relating to vulnerabilities of and the agency to respond to such requests; SERVICES. threats to critical infrastructure, including ‘‘(G) based on the number of business days (a) IN GENERAL.—Chapter 21 of title 44, the response to such vulnerabilities and that have elapsed since each request was ini- United States Code, is amended by inserting threats; and tially received by the agency— after section 2119 the following new section: (4) an examination of whether the non- ‘‘(i) the number of requests for records to ‘‘§ 2120. Office of Government Information disclosure of such information has led to the which the agency has responded with a de- Services increased protection of critical infrastruc- termination within a period greater than 1 ‘‘(a) IN GENERAL.—There is established in ture. day and less than 201 days, stated in 20-day the National Archives an office to be known (b) FORM.—The report shall be submitted increments; as the ‘Office of Government Information in unclassified form, but may include a clas- ‘‘(ii) the number of requests for records to Services’. sified annex. which the agency has responded with a de- ‘‘(b) NATIONAL INFORMATION ADVOCATE.— SEC. 13. REPORT ON PERSONNEL POLICIES RE- termination within a period greater than 200 ‘‘(1) IN GENERAL.—The Office of Govern- LATED TO FOIA. days and less than 301 days; ment Information Services shall be under Not later than 1 year after the date of en- ‘‘(iii) the number of requests for records to the supervision and direction of an official to actment of this Act, the Office of Personnel which the agency has responded with a de- be known as the ‘National Information Advo- Management shall submit to Congress a re- termination within a period greater than 300 cate’ who shall report directly to the Archi- port that examines— days and less than 401 days; and vist of the United States. (1) whether changes to executive branch ‘‘(iv) the number of requests for records to ‘‘(2) FUNCTIONS OF OFFICE.— personnel policies could be made that which the agency has responded with a de- ‘‘(A) GUIDANCE FOR REQUESTERS.— would— termination within a period greater than 400 ‘‘(i) IN GENERAL.—The Office of Govern- (A) provide greater encouragement to all days; ment Information Services shall provide, as Federal employees to fulfill their duties ‘‘(H) the average number of days for the a non-exclusive alternative to litigation, under section 552 of title 5, United States agency to provide the granted information guidance to FOIA requesters. Code; and beginning on the date on which each request ‘‘(ii) TYPES OF GUIDANCE.—In providing (B) enhance the stature of officials admin- was initially received by the agency, the me- such guidance, the Office shall provide infor- istering that section within the executive dian number of days for the agency to pro- mal guidance to requesters and may provide branch; vide the granted information, and the range fact-finding reviews and opinions to request- (2) whether performance of compliance in number of days for the agency to provide ers. All reviews and opinions shall be non- with section 552 of title 5, United States the granted information; binding and shall be initiated only on the re- Code, should be included as a factor in per- ‘‘(I) the median and average number of quest of FOIA requesters. sonnel performance evaluations for any or days for the agency to respond with a deter- ‘‘(iii) AVAILABILITY.—Any written opinion all categories of Federal employees and offi- mination to administrative appeals based on issued pursuant to this section shall be cers; the date on which each appeal was initially available on the Internet in an indexed, read- (3) whether an employment classification received by the agency; the highest number ily accessible format. series specific to compliance with sections of business days taken by the agency to re- ‘‘(iv) FOIA REQUESTERS.—In this para- 552 and 552a of title 5, United States Code, spond to an administrative appeal; and the graph, the term ‘FOIA requester’ or ‘re- should be established; lowest number of business days taken by the quester’ means a person who has made a re- (4) whether the highest level officials in agency to respond to an administrative ap- quest under section 552 of this title and who particular agencies administering such sec- peal; has been denied records or has not received a tions should be paid at a rate of pay equal to ‘‘(J) data on the 10 active requests with the timely response to the request or to an ad- or greater than a particular minimum rate; earliest filing dates pending at the agency, ministrative appeal. (5) whether other changes to personnel including the amount of time that has ‘‘(B) ANALYSES OF AGENCY OPERATIONS.— policies can be made to ensure that there is elapsed since each request was initially re- The Office of Government Information Serv- a clear career advancement track for indi- ceived by the agency; ices shall— viduals interested in devoting themselves to ‘‘(K) data on the 10 active administrative ‘‘(i) review polices and procedures of ad- a career in compliance with such sections; appeals with the earliest filing dates pending ministrative agencies under section 552 of and at the agency as of September 30 of the pre- this title and compliance with that section (6) whether the executive branch should receding year, including the number of busi- by administrative agencies; and quire any or all categories of Federal em- ness days that have elapsed since each re- ‘‘(ii) recommend policy changes to Con- ployees to undertake awareness training of quest was initially received by the agency; gress and the President to improve the ad- such sections. ‘‘(L) the number of expedited review re- ministration of section 552 of this title, in- SEC. 14. PROMOTION OF PUBLIC DISCLOSURE. quests received by the agency, the number cluding whether agencies are receiving and Section 552 of title 5, United States Code, that were granted and the number that were expending adequate funds to ensure compli- is amended by adding at the end the fol- denied, the average and median number of ance with that section. lowing:

VerDate Aug 31 2005 01:56 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.005 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2502 CONGRESSIONAL RECORD — HOUSE March 14, 2007 ‘‘(h)(1) The policy of the Federal Govern- cies to make information available to Open Government Week as we take up ment is to release information to the public the public in a timely way. According amendments to the Freedom of Infor- in response to a request under this section— to the report, just 22 percent of agen- mation Act, an act that is incredibly ‘‘(A) if such release is required by law; or cies are complying with the 1996 ‘‘e- important as a tool for us to hold our ‘‘(B) if such release is allowed by law and the agency concerned does not reasonably FOIA law,’’ which requires agencies to government accountable because it foresee that disclosure would be harmful to post frequently requested information gives people the opportunity to access an interest protected by an applicable ex- on their Web sites. information that can be reviewed by emption. An insufficient level of resources people to determine what action needs ‘‘(2) All guidance provided to Federal Gov- available for FOIA processing is one to be taken. ernment employees responsible for carrying reason requesters are being forced to But, unfortunately, in the middle of out this section shall be consistent with the wait long periods of time for responses this Open Government Week we have a policy set forth in paragraph (1).’’. from agency FOIA offices. Another fac- bill that is coming to the floor, not the SEC. 15. REQUIREMENT TO DESCRIBE EXEMP- bill that went to the committee, not TIONS AUTHORIZING DELETIONS OF tor is the current administration’s pol- MATERIAL PROVIDED UNDER FOIA. icy of withholding government infor- the bill that went through the sub- Section 552(b) of title 5, United States mation that would have been released committee hearings, but an amended Code, is amended in the matter appearing under previous administrations. Gov- bill that has not been reviewed, and after paragraph (9)— ernment secrecy has increased as the was handed to us 10 minutes ago. (1) in the second sentence, by inserting volume of requests has gone up dra- Now, the reason why bills come on after ‘‘amount of information deleted’’ the matically. the Suspension Calendar where we following: ‘‘, and the exemption under which agree to suspend the rules is because the deletion is made,’’; and Building on the OPEN Government Act introduced in the last Congress by they are bills that have been fully vet- (2) in the third sentence, by inserting after ted, that have openness to them, and ‘‘amount of the information deleted’’ the fol- Senators CORNYN and LEAHY and Rep- lowing: ‘‘, and the exemption under which resentative LAMAR SMITH, H.R. 1309 that people are aware of what they are the deletion is made,’’. contains 13 substantive provisions and have the opportunity to review The SPEAKER pro tempore. Pursu- aimed at removing obstacles to com- them when we have an understanding ant to the rule, the gentleman from plete and timely government responses that more than a majority of this House supports what is in that bill. Missouri (Mr. CLAY) and the gentleman to FOIA requests. But today, without prior notice, and from Ohio (Mr. TURNER) each will con- The bill would re-establish the policy 10-minute amendments to the bill, we trol 20 minutes. of the Clinton administration, under The Chair recognizes the gentleman which agencies were directed to dis- have a bill that we are currently reviewing to determine what changes from Missouri. close requested information unless the have been made and what the implica- disclosure would result in some harm. GENERAL LEAVE tions would be. The current administration has en- Mr. CLAY. Mr. Speaker, I ask unani- Some of the speakers on the other mous consent that all Members may couraged agencies to be more aggres- side of the aisle talked about in Open have 5 legislative days in which to re- sive in asserting statutory exemptions Government Week that we wanted to vise and extend their remarks. to deny FOIA requests. make certain that there weren’t back- In addition, the bill proposes a gov- The SPEAKER pro tempore. Is there room deals that were being made. Well, objection to the request of the gen- ernment-wide ombudsman to mediate clearly the bill, unfortunately, that tleman from Missouri? disputes between agencies and request- comes before us on the Freedom of In- There was no objection. ers. This would help to reduce the num- formation Act is the product of a back- Mr. CLAY. Mr. Speaker, as chairman ber of disputes resolved through costly room deal where the majority of this of the Oversight Subcommittee on In- and time consuming litigation. House is going to be left with reviewing formation Policy, Census and National Other key provisions include: A reit to determine what is in it after it Archives, and lead sponsor of the Free- quirement that agencies respond to had come through our committee and dom of Information Act Amendments FOIA requests within 20 business days subcommittee. of 2007, I strongly urge my colleagues or face meaningful administrative pen- So my comments about this bill will to support H.R. 1309. alties; the establishment of a publicly be about the one that came from the H.R. 1309 champions the values of accessible tracking system for pending committee and the subcommittee that transparency and open government FOIA requests; and new reporting re- the subcommittee Chair and the chair- that we celebrate during Sunshine quirements to allow Congress to evalu- man worked so hard in a bipartisan Week and that are embodied in the ate agency compliance with FOIA laws way to bring to this floor. Freedom of Information Act, or FOIA, and regulation. I know others on this side of the aisle as it is referred to. In conclusion, Mr. Speaker, H.R. 1309 will be reserving their comments for Introduced with my colleagues Rep- provides a strong, reasonable and bi- the areas of the bill where it has been resentative WAXMAN, chairman of the partisan approach to streamlining the modified, where the backroom deals full Committee on Oversight and Gov- FOIA process and increasing trans- have been made. And we are all un- ernment Reform, and Representative parency in government. It has the vig- aware of its impact. PLATTS, this bipartisan legislation is orous support of every major organiza- The Freedom of Information Act is a necessary to strengthen FOIA as a tool tion representing the media industry, popular tool for inquiry for the press, for enabling public access to govern- journalists, historians, archivists and researchers, business, attorneys, activ- ment records. the public interest in government ists. But most importantly, it remains During a hearing in February, the openness and accountability. a tool for the citizen. Improving the subcommittee heard extensive testi- We owe it to our constituents to pass procedural aspects of the act is cer- mony concerning long delays and bu- this legislation and ensure that the tainly a worthy goal. reaucratic obstacles experienced by re- Freedom of Information Act provides Legislation designed to streamline questers when trying to obtain govern- actual access to government informa- and improve the Freedom of Informa- ment records under FOIA. tion to which the American people are tion Act process was introduced last According to testimony from GAO, entitled. Congress by the gentleman from Texas most agencies throughout the govern- I urge all of my colleagues to support (Mr. SMITH). His bill, H.R. 867, has ment are failing to keep pace with the the bill. moved through subcommittee to the volume of requests they are receiving, Mr. Speaker, I reserve the balance of full committee. This was a solid bipar- the number of pending requests carried my time. tisanship bill that Republicans intro- over from year to year has been stead- Mr. TURNER. Mr. Speaker, I yield duced and guided through the legisla- ily increasing, and the rate of increase myself as much as I may consume. tive process. This year the majority is growing. Mr. Speaker, we have a bit of irony took that bipartisanship bill and made A report released on Monday by the in play here on the House floor. This a few changes. nonprofit National Security Archive week the Democratic leadership has Republicans offered two amendments further highlights the failure of agen- declared it Open Government Week, that were not included in the reported

VerDate Aug 31 2005 01:56 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.005 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2503 bill. First, the attorneys’ fee provision tleman from Ohio, the ranking member technical reason for withholding it. appears to significantly lower the bar of the subcommittee. This bill before us today reverses this for the recovery of fees, making it easi- Mr. Speaker, I first of all have to ex- policy by codifying the presumption of er for those seeking information from press my regret in response to the com- disclosure. Under this bill, agencies the Federal Government to recover plaint that, while we have openness in will revert to their former policies that legal fees. government, we had an amendment to emphasized public disclosure and sup- The language in this bill differs from this bill suddenly presented to the mi- ported the withholding of information that in H.R. 867. The Supreme Court nority. only when the agency could foresee a has ruled on this matter in the b 1130 harm from disclosure. This is an impor- Buckhannon case, and now some fear tant change that will ensure continued the effect of this decision, what it And let me explain why that hap- public access to government informa- might have on their ability to get at- pened. The legislation before us was tion. torneys’ fees. completely bipartisan in committee. I The bill is a bipartisan bill, it is an The language of section 4 of this bill don’t think anybody voted against the important bill for openness in govern- would make plaintiffs eligible for at- bill passing out of our committee, for ment, and I urge my colleagues to sup- torneys’ fees in almost any case, so all the reasons that both the Chair of port the legislation. long as they can show that the defend- the subcommittee and the ranking Mr. TURNER. Mr. Speaker, I appre- ing government agency somehow member described, and I would like to ciate the chairman’s description of changed its position once the case had get into those substantive issues as that. I do want to note that my under- commenced. I hope we can closely con- well, because this is the best known standing of the applicable dates are sider the rationale behind this provi- and most important of the freedom of that the markup of our bill occurred on sion, and its implications for the nu- information that people look to when March 8 and the CBO cost estimate I merous Federal statutes providing for they want to be able to find out what believe is dated March 12, which would attorneys’ fee awards where the United government is doing. It is called the explain perhaps why there were no ob- States or a Federal agency or official is Freedom of Information Act for that jections in the committee. a party. You have to assume that if reason. Mr. Speaker, I yield 4 minutes to the this is the provision that passes, every- But we did not have presented to us gentleman from Wisconsin (Mr. RYAN). one litigating under any private right in committee any objection to the fact Mr. RYAN of Wisconsin. Mr. Speaker, of action will clamor for the same fa- that there is a score on this bill of $7 I came to the floor to oppose the bill vorable legislative treatment. million. But because there is a score, not on the merits of the FOIA policy, An amendment was offered in com- we found out last night that there but on the grounds that this bill had a mittee to strike section 4 to preserve might be an objection to the bill; and budget section 303 point of order settled judicial precedent regarding at- we didn’t want to have an objection to against it and that it violated the new torneys’ fees and highlight this issue. I the bill, possibly cause people to come PAYGO rules we have before us. hope my colleagues in the House and to the floor and vote against something This bill that we just now got 10 min- the other body will take a close look at as important as the Freedom of Infor- utes ago, as we read it, we believe does this section as the legislation moves mation Act. So we added an amend- not violate section 303 of the Budget forward. ment to the bill that simply provided Act or the PAYGO rules. But I think Second, the majority has taken to that the $7 million, which, by the way, the point I would like to make is this: heart various groups’ concerns about is only expended if the government is 10 minutes ago this bill did have a sec- the so-called Ashcroft memo. During sued and loses and has to pay the pen- tion 303 violation against it; 10 minutes President Clinton’s administration, At- alty owed to people for withholding the ago this bill did violate the majority’s torney General Janet Reno issued a information. But because there is a $7 own PAYGO rules they put in place memorandum establishing a presump- million score, we added to this bill that less than 10 months ago. And it scores tion of disclosure if no foreseeable there would be nothing paid unless not just a $7 million, but a $63 million harm would result from the release of there is an appropriation of that increase over 10 years. So $63 million information. money. So the bill would not be scored over 10 years is a lot of money. And Shortly after 9/11, and recognizing as costing any money at all. given the fact that this new amended the challenges of the standard and the I wish we had more time to bring this bill, as it appears as we read it, does challenges that we face in the global to everyone’s attention, but no one have the required language, subject to war on terror, Attorney General brought to our attention in the com- appropriations, that it is not out of Ashcroft issued a memorandum that mittee that there was concern about order, it doesn’t waive the PAYGO encouraged agencies to carefully con- this score. rules because it does pay for itself sub- sider the protection of the values of in- Nevertheless, this bill goes to the ject to appropriations. terest embodied in the statutory ex- heart of the public’s access to find out I will withhold my objection, but I emptions to FOIA when making disclo- information about what its govern- simply want to say to the majority sure determinations. ment is doing. And as we look at what this place would run a lot better if, I understand that there are serious we have designated ‘‘Sunshine Week,’’ when we put bills on the calendar and concerns with this section, and I under- we are considering this legislation to bring them to the floor, that they com- stand the gentleman from Texas (Mr. improve and strengthen this vital law. ply with the rules that the majority SMITH) will speak on this bill and this H.R. 1309 has been in effect for 40 themselves put in place just 2 months provision. years, but yet we have a dozen provi- ago with respect to PAYGO and with Nevertheless, I hope that we continue sions that will increase public access to respect to the Budget Act. I just think to balance the need for open govern- information under FOIA. These provi- the whole place would work a lot bet- ment with the need to protect informa- sions will help FOIA requesters obtain ter if we do that. Then we get on to de- tion vital to national security and timely responses to their requests, re- bating the merits of this legislation. homeland security, and I hope we keep duce the backlogs at agencies, increase I think FOIA is an important tool. It in mind the importance of individual transparency in agency compliance, needs to work better. I think there is a privacy throughout this debate. and provide an alternative to litigation lot of merit to that point. But let’s Mr. Speaker, I reserve the balance of for requesters who are facing delays or make sure that as we take a look at my time. denials. our budget problems, and they are Mr. CLAY. Mr. Speaker, at this time In addition, this bill will restore an enormous, our budget problems, if we I yield 5 minutes to the distinguished important element of the Freedom of can’t make sure that bills that spend chairman from California, Mr. WAX- Information Act, the presumption of $63 million over 10 years can’t comply MAN. disclosure. Through memoranda issued with the Budget Act, can’t comply Mr. WAXMAN. Thank you very in 2001 and 2002, the Bush administra- with PAYGO, who is to say that bills much, Mr. CLAY, the chairman of the tion discouraged agencies from releas- that spend $2.9 trillion like our Federal subcommittee, and I thank the gen- ing any document if they could find a budget can comply with it? So if we

VerDate Aug 31 2005 01:56 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.022 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2504 CONGRESSIONAL RECORD — HOUSE March 14, 2007 can’t get the rules right on small bills, Unfortunately, this bill only exacer- the news media.’’ The bill would exempt a who is to say we are going to get the bates national security and personal larger class of requesters from the obligation budget discipline rules right on the big privacy concerns. Instead of allowing to pay fees assessed for searching for responsive documents. Expanding the definition bills? agency discretion regarding national would have serious fiscal consequences for Fiscal discipline starts one step at a security concerns, this statutory lan- the Executive Branch. Moreover, with no re- time, starts one bill at a time. We have guage would mandate the release of in- quirement that requesters pay search fees, got to get fiscal discipline rules in formation if the information does not they have no incentive to tailor their replace and right on small business, espe- blatantly fall under an existing exemp- quests and will likely make overly broad re- cially if this Congress is going to get tion. quests, which, in turn, will stretch agency our arms around our larger fiscal prob- For instance, under the bill’s lan- resources and increase the time it takes to guage there is no discretion to deter- process all requests. Further, under current lems. law, agencies have authority to waive or re- That is simply the point I want to mine whether the information reduce fees upon a determination that disclo- make to the chairman. quested will invade personal privacy. sure of information will contribute signifi- Mr. WAXMAN. Mr. Speaker, will the Also, if information requested is re- cantly to public understanding. gentleman yield? quired by FOIA to be released, under The Administration also strongly opposes Mr. RYAN of Wisconsin. I yield to this language it could tip off a terrorist reinstating the so-called ‘‘catalyst theory’’ the gentleman from California. to an investigation that is being con- for the reimbursement of FOIA litigation fees. The Administration is concerned that Mr. WAXMAN. I thank the gen- ducted. So the bill could set in motion its reinstatement would serve as a disincen- tleman for yielding to me, and I just events that could compromise our native to an agency’s voluntarily revisiting de- want to say what is seldom said on the tional security. cisions and improving procedures with re- House floor, that I agree with you. And Last year, neither the House nor Sen- spect to FOIA requests, because doing so we tried to correct the problems so ate bipartisan legislation included this could make the agency liable for a complain- that we didn’t make the error that questionable presumption of disclosure ant’s legal fees. Furthermore, the bill could would have violated our PAYGO prin- language. It is my understanding that be interpreted to include an ‘‘administrative action’’ through the FOIA appeals process as ciples. And I thank the gentleman for this year’s bipartisan Senate version a possible means by which a requester can pointing it out, and I think you have also will not include this questionable obtain ‘‘relief’’ that would justify attorneys raised a very good point and we should language. And, furthermore, Mr. fees. Such an interpretation would be a all be mindful of it, including the Speaker, the administration opposes major departure from long-standing adminis- points about the deficit, which I this provision, too. trative law practice and would severely un- strongly think we need to deal with. So There is no good reason to support a dercut the traditional function of the admin- we will have differences about that, but flawed bill, and I encourage my col- istrative appeal process, which is designed to provide the requester with an avenue of fur- I do want to show my agreement with leagues to oppose it. Mr. Speaker, I would ask unanimous ther review at the agency, thereby reducing your basic statement. the likelihood of a lawsuit. If this provision Mr. RYAN of Wisconsin. I appreciate consent to have the statement of oppo- covers relief provided at the administrative the gentleman. sition by the administration be made a appeal stage, this could increase the FOIA Mr. CLAY. Mr. Speaker, I reserve the part of the RECORD. program costs dramatically and would serve balance of my time. STATEMENT OF ADMINISTRATION POLICY—H.R. as a disincentive to release records at the ad- Mr. TURNER. Mr. Speaker, I yield 4 1309—FREEDOM OF INFORMATION ACT ministrative appeal stage. The Administration strongly opposes com- AMENDMENTS OF 2007—(REP. CLAY (D) MIS- minutes to the gentleman from Texas mencing the 20-day time limit for processing SOURI AND TWO COSPONSORS) (Mr. SMITH). FOIA requests on the date that the request Mr. SMITH of Texas. Mr. Speaker, I The Administration shares the goals of ‘‘is first received by the agency,’’ and pre- appreciate my colleague from Ohio H.R. 1309 of increasing the timeliness of venting the collection of search fees if the yielding me time, and I also want to Freedom of Information Act, FOIA, re- timeline is not met. This provision rep- sponses and ensuring a customer-oriented thank Ranking Member TOM DAVIS and resents a very significant change from cur- approach to FOIA processing. The Adminis- rent practice in which the 20-day clock be- Chairman HENRY WAXMAN for their tration has been pursuing these goals, and hard work on this issue. I know how gins once the appropriate element of an will be continuing to pursue them, through agency has received the request in accord- strongly they feel about the need for the strong management review and reforms ance with the agency’s FOIA regulations. more open government, and I and many that the President directed 15 months ago in The provision fails to take into account the others appreciate their efforts. the first-ever Executive Order on FOIA—Ex- complexity of many requests, the need to The process for obtaining govern- ecutive Order 13392, ‘‘Improving Agency Dis- consult with other Executive Branch enti- ment information is overly burden- closure of Information’’—which he signed on ties, or the need to search for records in mul- December 14, 2005. tiple locations, including at Federal records some, and Federal agencies have be- However, the Administration cannot sup- come less and less responsive to re- centers. As noted above, the Executive Order port H.R. 1309. The Administration believes requires agencies to implement improvement quests for information. This deters it would be premature and counterproductive plans specifically focused on eliminating or citizens from obtaining information to to the goals of increasing timeliness and im- reducing any backlog of FOIA requests, and which they are entitled. proving customer service to amend FOIA be- the Justice Department’s preliminary review H.R. 1309, the Freedom of Informa- fore agencies have had sufficient time to im- of the agencies’ annual reports indicates tion Act Amendments of 2007, has plement the FOIA improvements that the that some agencies have already realized much to recommend it, but it contains President directed them to develop, put into meaningful backlog reductions. place, monitor, and report on during FYs at least one fatal flaw, the statutory The Administration is opposed to the cre- 2006 and 2007. For example, as explained ation of an ‘‘Office of Government Informa- presumption of disclosure. For that below, several of the bill’s provisions would tion Services’’ within the National Archives reason, I oppose this legislation. impose substantial administrative and finan- and any intent that the proposed Office The presumption of disclosure would cial burdens on the Executive Branch. These would be given any sort of policymaking role reverse the FOIA guidelines set out by provisions could result in slower, not faster, with respect to FOIA compliance. The FOIA former Attorney General John agency processing of FOIA requests, and the compliance function remains appropriately Ashcroft. Shortly after September 11, personnel and funds needed to implement placed with the Department of Justice, the 2001, then-Attorney General John them would have to come from existing lead agency in implementing Executive agency resources. Moreover, the agency re- Order 13392. Ashcroft directed that FOIA be used to ports that were issued last summer, and the Finally, the Administration strongly op- ensure an open and accountable system improvement plans that are being imple- poses the provision in the bill that appears of government while at the same time mented, illustrate that the challenges that to be an attempt to repeal Attorney General protecting national security and per- agencies face in responding to FOIA requests Ashcroft’s FOIA Memorandum and return to sonal privacy. are often unique to each agency and, there- Attorney General Reno’s pre-9/11 FOIA guid- The directive encouraged agencies, fore, require agency-tailored reforms, not a ance. The Administration believes that the when making a decision on discre- government-wide, one-size-fits-all legislative structure of the FOIA reflects the appropriate balance between the public’s right to tionary disclosure, to carefully con- approach. The Administration’s specific concerns know how the government is operating and sider whether national security, pri- with the bill include the following. the equally important need to safeguard cer- vacy, and government’s interest would The Administration strongly opposes ex- tain information, such as that pertaining to be jeopardized. panding the definition of ‘‘representative of personal privacy or homeland security.

VerDate Aug 31 2005 01:56 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.024 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2505 Mr. CLAY. Mr. Speaker, at this time due, and I commend Chairman WAXMAN Texas, LAMAR SMITH, like the bill be- I yield 4 minutes to my distinguished and Ranking Member DAVIS and Chair- fore us today, would close loopholes in colleague from New York (Mrs. man CLAY and Ranking Member TURN- FOIA, help requesters obtain more MALONEY). ER for bringing this bipartisan legisla- timely response, and provide FOIA offi- Mrs. MALONEY of New York. I tion to the floor with the many other cials with the tools they need to ensure thank the gentleman for yielding and very important sunshine bills to make that the Federal Government remains for his leadership, along with Mr. WAX- our government more open and ac- open and accessible. MAN, on working on so many sunshine countable to the American public. While the legislation before us today bills to make government more open Mr. TURNER. Mr. Speaker, I yield 3 includes provisions not included in and accountable to the citizens, to our minutes to the gentleman from Penn- Representative SMITH’s legislation taxpayers, to the American public. And sylvania (Mr. PLATTS). from last session and to which he is an important part of sunshine is the Mr. PLATTS. Mr. Speaker, I rise in currently opposed, I certainly want to Freedom of Information Act Amend- support of H.R. 1309, the Freedom of In- commend Representative SMITH for his ments, it is a tremendously important formation Act Amendments of 2007. leadership and dedicated efforts to im- bill, H.R. 1309, of 2007. Open and accountable government prove the Freedom of Information Act Since coming to Congress, I have make up the cornerstones of good gov- and to make government more open been working on this committee, and ernment. This legislation before us and accountable. improved FOIA processes which are today seeks to strengthen these corner- I also want to thank Chairman WAX- critical to an open government and stones. MAN of the full committee and sub- making our government more trans- The Freedom of Information Act was committee Chairman CLAY for their ef- parent is very fundamental to our designed into law over 40 years ago, in forts in moving this legislation forward mocracy. July 1966, enacted after 11 years of de- quickly and, as well, recognize Rank- We have made improvement over the bate. FOIA established a statutory ing Member DAVIS of the full com- years, and I am pleased to have been right of public access to executive mittee and Ranking Member TURNER one of the authors of the Electronic branch information. at the subcommittee for their efforts. Freedom of Information Act of 1996. FOIA provides that any person has This legislation is about open and ac- This important law was intended to the right to obtain Federal agency countable government. I urge a ‘‘yes’’ make FOIA more efficient by providing records. Originally, the act included vote. public access to information, including nine categories of information pro- Mr. CLAY. Mr. Speaker, I yield my- in an electronic format. tected from disclosure, and Congress self such time as I may consume. The Oversight and Government Re- has added additional exemptions over In closing, I would like to thank my form Committee, of which I am a mem- time. colleagues on both sides of the aisle for ber, has held many hearings on FOIA Balancing the need for open govern- working together on this bill to open over the past few years, and we have ment with the needs to protect infor- up our government to the people of the learned that it has not progressed as mation vital to national security and United States. And I also want to well as we had hoped. Some agencies personal privacy is a constant struggle. thank Mr. SMITH, who has reservations and Departments are doing a better job Federal Departments and agencies are about the bill, but I want to thank him of fulfilling freedom of information re- operating in the post-9/11 information for his leadership in championing the quests, while some continue to have age and face 21st century security, in- cause of freedom of information in this terrible records and lag far, far behind. formation management, and resource country. Requesters often wait months or years challenges. I want to also thank my friend from to find out the status of their requests As we seek to achieve this balance we Wisconsin for agreeing with us that the or to obtain the information. And I am must remember the words of Thomas bill was modified since it came out of pleased that we have report language Jefferson who said, ‘‘Information is the committee, and that modification was that clarifies that they have to get currency of democracy.’’ FOIA is an es- in order to eliminate the costs associ- back quickly on requests and at least sential tool to ensure that the citizens ated with the bill. let them know where they are. of our great Nation have access to in- Let me say that H.R. 1309 champions As a result, the backlogs at agencies formation in the way that Thomas Jef- the values of transparency and open and Departments continue to grow, and ferson envisioned. government that we celebrate during frequently the only recourse for the de- Over the past several years, the Gov- Sunshine Week and that are embodied nial of requested information is to file ernment Reform Subcommittee on in the Freedom of Information Act. lawsuits. But many people, many Government Management, Finance, The bill does several things: It would Americans cannot afford the high costs and Accountability, on which I had the reestablish the policy of previous ad- associated with court costs. So by not privilege to serve as Chair, conducted ministrations under which agencies moving in a timely manner, you are de- multiple hearings on FOIA implemen- were directed to disclose requested in- priving them of this information. tation. formation unless the disclosure could H.R. 1309 includes many important result in harm. In addition, the bill provisions that my colleagues have b 1145 proposes a government-wide ombuds- spoken about and that I hope will im- In response to legislative proposals man to mediate disputes between agen- prove the process and eliminate the introduced last session in the House cies and requesters. This would help to problems that exist in today’s system, and Senate, as well as the oversight reduce the number of disputes resolved including an amendment that I offered conducted by the subcommittee, Presi- through costly and time-consuming in committee that would provide for dent Bush issued Executive Order 13392, litigation. greater disclosure to the FOIA re- entitled Improving Agency Disclosure It does several other things: There is quester about the exemption under of Information, on December 14, 2005. a requirement that agencies respond to which a deletion has been made from This document sought to improve the FOIA requests within 20 business days requested material. overall processing of FOIA requests, or face meaningful administrative pen- I often hear from constituents, they creating a more citizen-centered and alties. It establishes a publicly acces- come to my office with piles of FOIA results-oriented approach to informa- sible tracking system for pending FOIA requests and like the whole thing is re- tion policy. And I certainly commend requests. dacted and there is absolutely no ex- the administration for their efforts. Mr. Speaker, in conclusion, H.R. 1309 planation why. This is really not fair, In response to that effort, though, we provides a strong, reasonable, and bi- and we hope that this amendment will believed further work was needed. On partisan approach to streamlining improve the process. September 27, 2006, the subcommittee FOIA and increasing transparency in I am pleased that it was accepted in marked up legislation very similar to government. I urge all of my col- a bipartisan way by Ranking Member that legislation before us here today. leagues to support this bill. DAVIS and Ranking Member TURNER. I Specifically, the OPEN Government Mr. Speaker, I yield back the balance really feel this legislation is long over- Act, introduced by my colleague from of my time.

VerDate Aug 31 2005 01:56 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.025 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2506 CONGRESSIONAL RECORD — HOUSE March 14, 2007 Mr. TURNER. Mr. Speaker, I yield 3 Because of the concerns I have that lican bill offered by Mr. SMITH of minutes to the gentleman from Idaho the current proposal provides incen- Texas, H.R. 867. It has been modified in and a member of our subcommittee tives to prolong litigation, I cannot several ways about which individuals (Mr. SALI). support this measure in its current do have concern. But the underlying Mr. SALI. Mr. Speaker, I rise today form. I regret that because I want to principle, freedom of information, that because of my serious concerns with vote for any bill that prudently opens encourages effective government and section 4 of H.R. 1309. the door of government to those whom encourages government to be respon- As I begin, let me emphasize that I government represents, our fellow citi- sive, is one that we all support and support the intent of H.R. 1309. Trans- zens. But the law of unintended con- hold dear and certainly we should con- parency in government is an important sequences is at play here, and unless tinue to support the Freedom of Infor- priority. I campaigned on it and voted we strike section 4, we will see massive mation Act. for the new ethics package that came new litigation that will only clog the Ms. JACKSON-LEE of Texas. Mr. Speaker, before this House in early January Federal docket, hamstring legitimate I rise today in strong support of H.R. 1309, the with the hope that Congress might be functions of government, and cost tax- ‘‘Freedom of Information Act Amendments of more openly accountable to those who payers potentially untold millions of 2007.’’ This legislation contains a dozen sub- elected us. dollars. stantive provisions that will increase public ac- This is a government of, by, and for Mr. TURNER. Mr. Speaker, I yield cess to Government information by strength- the people, and the people deserve to myself such time as I may consume. ening the Freedom of Information Act (FOIA). know what their government is doing. I want to commend the Chair of our Mr. Speaker, the principles embodied by Except for critical issues of national subcommittee, Mr. CLAY, for his FOIA are intended to make the Government, security policy, there must be a much thoughtful approach to hearings on in President Lyndon B. Johnson’s words, ‘‘as better level of openness in the conduct this matter and his leadership in shep- open as the security of the Nation permits.’’ of the Federal Government and the ac- herding this bill. I want to thank But in recent years, Federal agencies have cess of the American people to infor- Chairman WAXMAN for his efforts in come to look on FOIA requests as something mation about it. having a very bipartisan discussion in to be prevented and obstructed, rather than However, section 4 of the bill before the committee on the bill. He was very welcomed and facilitated. The bill before us us, as it is currently drafted, appears welcoming of the input from all of the will help end that way of doing business. to authorize Federal courts to award committee members. Mr. Speaker, H.R. 1309 restores the pre- attorneys’ fees to a plaintiff even when Unfortunately, though, here, right in sumption of disclosure to FOIA by making it the opposing parties mutually reach the middle of Open Government Week, clear that records should be released to the and execute a settlement agreement. we have the irony that this is not the public if disclosure is allowable under law and The policy of FOIA is, and should be, bill that both of these gentlemen the agency cannot reasonably foresee any to expedite and streamline production worked so diligently on a bipartisan harm from such a disclosure. of documents falling within the stat- basis for in the committee and sub- Mr. Speaker, under current law, agencies ute. My concern is that when a Federal committee. It has been amended, un- are required to respond to a request for infor- statute provides attorneys’ fees after fortunately, as the other side of the mation filed under the FOIA within 20 days but the parties mutually reach a voluntary aisle decried, in a back room by Demo- as we all know, delays and backlogs are all settlement, it runs contrary to that cratic leadership in order to make the too common. H.R. 1309 makes this deadline very goal. Resolution short of pro- bill conform to the rules of the House meaningful by ensuring that the 20-day statu- tracted litigation should be encour- for it to be able to move forward. tory clock runs immediately upon an agency’s aged, not discouraged. The current pro- In the middle of Open Government receipt of a request. The bill imposes con- posed language of section 4 of H.R. 1309 Week, what does that mean? Well, it sequences on Federal agencies for missing may have a devastating, perverse ef- means that while we all stand up here the deadline. For example, agencies are pre- fect. and talk about the importance of free- vented from charging processing fees when- Second, the statute may further dom of information, and freedom of in- ever they failed to meet the 20-working day allow plaintiffs to receive attorneys’ formation is important because it gives response deadline. fees in almost any case they file so people the ability to hold their govern- The bill also requires agencies to provide long as they can show that the defend- ment accountable; but as we all discuss requesters individualized tracking numbers for ing government agency, for any reason, that, we have a bill that is going to be each request and access to a telephone or changed its position once the case had moving forward and come before this internet hotline with information about the sta- been commenced. House that the members of the com- tus of requests. While it is true that FOIA complain- mittee did not see, the members of the Another important feature of the bill is that ants often face an uphill battle when subcommittee did not see, that each of it strengthens agency reporting requirements they deal with a Federal agency, the them is going to have to review and to identify excessive delays and requires each language, as proposed, invites litiga- have to have their staff review, that agency to make the raw data used to compile tion instead of resolving it. Addition- members of the public at large who its annual reports publicly available. Also, the ally, the legislation, as drafted, may may have been following this bill in bill requires the Government Accountability Of- actually undermine the stated ‘‘domi- the professional community or average fice to report annually on the Department of nant objective’’ of the act by giving an citizens who had an interest in it will Homeland Security’s use of the broad disclo- incentive by Federal Departments to go to a Web site and look at a bill that sure exemption for ‘‘critical infrastructure infor- avoid disclosure. was approved by the committee and ap- mation.’’ The question this raises in my mind, proved by the subcommittee, but un- I also commend to Members another feature Mr. Speaker, is that given the provi- fortunately, is not the bill that is be- of H.R. 1309 that should reduce the need to sions of section 4 of the bill, why would fore us. resort to litigation. The bill creates the new po- any agency settle? As I read the bill, And it is not before us because in the sition of FOIA Ombudsman to help FOIA re- once a lawsuit is commenced, any middle of Open Government Week, the questers resolve problems without having to change in position by a Federal Depart- bill that was placed before us was turn to the courts. The FOIA ombudsman will ment or agency would be tantamount amended without the participation of be located at the National Archives and will to an admission of liability for attor- the committee, without the participa- help requesters by providing informal guidance neys’ fees. This would only encourage tion of the subcommittee, and without and nonbinding opinions regarding rejected or the filing of a myriad of lawsuits. If the participation of this body. We will delayed FOIA requests. The FOIA ombuds- lawyers know they will make money all come to vote on a bill that has been man will also review agency compliance with no matter what the outcome, they will amended in a back room by Demo- FOIA. see this as a great opportunity to file, cratic leadership. Last, Mr. Speaker, H.R. 1309 makes it more file, and file again. We will likely see a You have heard that there are a num- feasible for citizen groups to challenge the im- cottage industry for litigants who may ber of concerns that people on this side proper withholding of Government information not even care about the underlying of the aisle have about the bill. As you by expanding access to attorneys’ fees for documents. are aware, this bill began as a Repub- FOIA requesters who successfully challenge

VerDate Aug 31 2005 04:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\K14MR7.026 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2507 an agency’s denial of information. The bill also FOIA could certainly stand a little love, as Chair’s prior announcement, further holds agencies accountable for their decisions open Government has been attacked many proceedings on this question will be by enhancing the authority of the Office of times since Lyndon Johnson signed the act postponed. Special Counsel to take disciplinary action into law July 4, 1966. The revisions to FOIA in H.R. 1309, which against Government officials who arbitrarily could come before the full House as early as f and capriciously deny disclosure. today, would both shine more light on the Mr. Speaker, I strongly support H.R. 1309 nooks and crannies of federal bureaucracies ANNOUNCEMENT BY THE SPEAKER and urge all my colleagues to join me in sup- and force agencies to better respect the spir- porting this legislation that will restore public it of the law. PRO TEMPORE confidence in the administration of the execu- Here are a few of the improvements: The SPEAKER pro tempore. Pursu- tive branch of the Federal Government. The Government would have to act on ant to clause 8 of rule XX, proceedings Mr. UDALL of Colorado. Mr. Speaker, I FOIA requests more quickly. Agencies that will resume on motions to suspend the strongly support this bill, which will increase did not respond to a request within 20 business days would forfeit any copying and re- rules previously postponed. the transparency and accountability of the search fees; agencies are now supposed to re- Votes will be taken in the following Federal Government by making a number of spond within that period, but there are no order: long-overdue revisions to the Freedom of In- penalties. H.R. 1254, by the yeas and nays; formation Act, or FOIA. Federal departments would have to set up H.R. 1255, by the yeas and nays; The bill will reemphasize that disclosure is FOIA hotlines and individual tracking num- H.R. 1309, by the yeas and nays. to be the rule, secrecy the exception. It will bers so that people and organizations that help people seeking documents to get timely file FOIA requests can easily follow the proc- The first electronic vote will be con- responses, and improve transparency in agen- ess. ducted as a 15-minute vote. Remaining cy compliance. It will reduce the need for peo- Citizen journalists and freelancers would electronic votes will be conducted as 5- gain new credibility. An agency could no minute votes. ple seeking documents to go to court, and longer summarily deny FOIA requests from provide accountability for agency decisions on journalists who are not employed or under whether to release requested information. contract with established media organiza- f Mr. Speaker, the enactment of FOIA in 1966 tions or watchdog groups. Such requests was a watershed. It established as funda- from unaffiliated individuals can now be re- PRESIDENTIAL LIBRARY mental policy the principle that information jected. DONATION REFORM ACT OF 2007 within the government’s control should be The amended law would force agencies to available and established a presumptive right consider any request to disseminate informa- The SPEAKER pro tempore. The for the public to obtain identifiable, existing tion to a broad audience as legitimate, par- pending business is the question of sus- ticularly if the party making the request has records of Federal agencies. Anyone can use pending the rules and passing the bill, any record of publication (including H.R. 1254. FOIA to request access to Government infor- bloggers). mation. Requesters do not have to show a The Government would have to reimburse The Clerk read the title of the bill. need or reason for seeking information, and the legal fees of more parties that sue under The SPEAKER pro tempore. The the burden of proof for withholding requested FOIA. Currently, there’s only one way a question is on the motion offered by material rests with the department or agency party that has filed suit to enforce a FOIA the gentleman from Connecticut (Mr. that seeks to deny the request. Agencies may request can get repaid: The Government has MURPHY) that the House suspend the deny access only to records, or portions of to lose in court. The amendments would rules and pass the bill, H.R. 1254, on records, that fall within certain specific cat- force agencies to repay attorney fees if the which the yeas and nays are ordered. government turns over records before a final egories. ruling is issued. This would prevent agencies The vote was taken by electronic de- FOIA has been used effectively by journal- from sticking media groups with attorney vice, and there were—yeas 390, nays 34, ists, public interest organizations, corporations, fees by surrendering records just before a not voting 9, as follows: and individuals to access Government infor- judge rules. [Roll No. 142] mation. But the process could be better—be- The Bush administration may have been YEAS—390 cause of delays and backlogs, requesters the most openly contemptuous of FOIA’s often have found it hard to learn about the sta- mission since the act first passed. Former Abercrombie Boyda (KS) Cuellar Ackerman Brady (PA) Cummings tus of their requests, and a recent Supreme Attorney General John Ashcroft urged Fed- eral agencies to fight FOIA requests and not Aderholt Brady (TX) Davis (AL) Court decision has hampered requesters’ abil- Akin Braley (IA) Davis (CA) presume that the public has a right to know ity to litigate their claims. Alexander Brown, Corrine Davis (IL) what goes on inside the executive branch. Allen Brown-Waite, Davis, David H.R. 1309 would address these and other The administration also placed gratuitous Altmire Ginny Davis, Lincoln concerns about the implementation of FOIA. It limits on requests to the Department of Andrews Buchanan Davis, Tom is a modest measure, but an important one Homeland Security. Arcuri Burton (IN) Deal (GA) Baca Butterfield DeFazio that deserves the approval of the House. President Bush will leave office in 2009, but Bachmann Buyer DeGette That’s especially true because, as the it’s not enough to trust that future adminis- Bachus Calvert Delahunt Rocky Mountain News noted in a recent edi- trations will abide by the promise of open- Baird Camp (MI) DeLauro torial, ‘‘The Bush administration may have ness that FOIA represents. The law needs Baker Cantor Dent Baldwin Capito Diaz-Balart, L. been the most openly contemptuous of FOIA’s specific measures to ensure accountability, and the amendments within H.R. 1309 mark a Barrett (SC) Capps Diaz-Balart, M. Barrow Capuano Dicks mission since the act first passed. . . . Presi- large stride forward. dent Bush will leave office in 2009, but it’s not Bean Cardoza Dingell Becerra Carnahan Doggett enough to trust that future administrations will Mr. TURNER. Mr. Speaker, I yield back the balance of my time Berkley Carney Donnelly abide by the promise of openness that FOIA Berman Carson Doyle represents. The law needs specific measures The SPEAKER pro tempore. The Berry Carter Drake to ensure accountability, and the amendments question is on the motion offered by Biggert Castle Dreier the gentleman from Missouri (Mr. Bilbray Castor Duncan within H.R. 1309 mark a large stride forward.’’ Bilirakis Chabot Edwards For the information of our colleagues, I at- CLAY) that the House suspend the rules Bishop (GA) Chandler Ehlers tach the complete text of that editorial: and pass the bill, H.R. 1309, as amend- Bishop (NY) Clarke Ellison ed. Bishop (UT) Clay Ellsworth [From the Rocky Mountain News, Mar. 13, Blackburn Cleaver Emanuel 2007] The question was taken. Blumenauer Clyburn Emerson The SPEAKER pro tempore. In the Blunt Cohen Engel OPEN RECORDS UPGRADE opinion of the Chair, two-thirds being Boehner Cole (OK) Etheridge CONGRESS HAS CHANCE TO IMPROVE CRITICAL Bonner Conyers Everett LAW in the affirmative, the ayes have it. Bono Cooper Fallin Mr. TURNER. Mr. Speaker, on that I We welcome bipartisan efforts in Congress Boozman Costa Farr Boren Costello Fattah to beef up the Freedom of Information Act— demand the yeas and nays. The yeas and nays were ordered. Boswell Courtney Feeney the four-decade-old law that affords citizens Boucher Cramer Ferguson access to the inner workings of the executive The SPEAKER pro tempore. Pursu- Boustany Crenshaw Filner branch. ant to clause 8 of rule XX and the Boyd (FL) Crowley Forbes

VerDate Aug 31 2005 04:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.010 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2508 CONGRESSIONAL RECORD — HOUSE March 14, 2007 Fortenberry Lungren, Daniel Roskam Flake Jones (NC) Paul Davis (AL) Kaptur Rahall Fossella E. Ross Foxx King (IA) Sensenbrenner Davis (CA) Keller Ramstad Frank (MA) Lynch Rothman Franks (AZ) Kingston Shadegg Davis (IL) Kennedy Rangel Frelinghuysen Mack Roybal-Allard Gingrey Lamborn Tancredo Davis, Lincoln Kildee Regula Gallegly Mahoney (FL) Royce Gohmert Linder Walberg Davis, Tom Kilpatrick Reichert Garrett (NJ) Maloney (NY) Ruppersberger Hastert Manzullo Westmoreland DeFazio Kind Reyes Gerlach Marchant Rush Hensarling McHenry DeGette King (NY) Reynolds Giffords Markey Ryan (OH) Hoekstra Myrick Delahunt Klein (FL) Rodriguez Gilchrest Marshall Ryan (WI) DeLauro Knollenberg Rohrabacher Gillibrand Matheson Salazar NOT VOTING—9 Dent Kucinich Ros-Lehtinen Gillmor Matsui Sali Brown (SC) Granger Miller, George Diaz-Balart, L. LaHood Roskam Gonzalez McCarthy (CA) Sa´ nchez, Linda Davis, Jo Ann Kanjorski Saxton Diaz-Balart, M. Lampson Ross Goode McCarthy (NY) T. Eshoo Meehan Sullivan Dicks Langevin Rothman Goodlatte McCaul (TX) Sanchez, Loretta Dingell Lantos Roybal-Allard Gordon McCollum (MN) Sarbanes ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Doggett Larsen (WA) Royce Graves McCotter Schakowsky The SPEAKER pro tempore (during Donnelly Larson (CT) Ruppersberger Green, Al McCrery Schiff the vote). Members are advised that Doyle Latham Rush Green, Gene McDermott Schmidt Dreier LaTourette Ryan (OH) Grijalva McGovern Schwartz there are 2 minutes remaining on this Duncan Lee Ryan (WI) Gutierrez McHugh Scott (GA) vote. Edwards Levin Salazar Hall (NY) McIntyre Scott (VA) Ehlers Lewis (CA) Sa´ nchez, Linda Hall (TX) McKeon Serrano b 1223 Ellison Lewis (GA) T. Hare McMorris Sessions Ellsworth Lipinski Sanchez, Loretta Harman Rodgers Sestak Messrs. COBLE, CONAWAY, DAVIS Emanuel LoBiondo Sarbanes Hastings (FL) McNerney Shays of Kentucky, KINGSTON, ENGLISH of Emerson Loebsack Schakowsky Hastings (WA) McNulty Shea-Porter Pennsylvania, LINDER, TANCREDO, Engel Lofgren, Zoe Schiff Hayes Meek (FL) Sherman English (PA) Lowey Schwartz Heller Meeks (NY) Shimkus KING of Iowa, BURGESS, SENSEN- Eshoo Lynch Scott (GA) Herger Melancon Shuler BRENNER, HOEKSTRA, WALBERG, Etheridge Mahoney (FL) Scott (VA) Herseth Mica Shuster HENSARLING, LAMBORN, and CAN- Farr Maloney (NY) Serrano Higgins Michaud Simpson Fattah Markey Sestak NON, Ms. FOXX and Mrs. MYRICK Ferguson Marshall Shays Hill Millender- Sires Filner Matheson Shea-Porter Hinchey McDonald Skelton changed their vote from ‘‘yea’’ to Forbes Matsui Sherman Hinojosa Miller (FL) Slaughter ‘‘nay.’’ Fortenberry McCarthy (NY) Shuler Hirono Miller (MI) Smith (NE) Miller (NC) Mr. JACKSON of Illinois changed his Frank (MA) McCaul (TX) Simpson Hobson Smith (NJ) Miller, Gary vote from ‘‘nay’’ to ‘‘yea.’’ Frelinghuysen McCollum (MN) Sires Hodes Smith (TX) Mitchell Gallegly McCotter Skelton Holden Smith (WA) So (two-thirds being in the affirma- Mollohan Gerlach McDermott Slaughter Holt Snyder tive) the rules were suspended and the Moore (KS) Giffords McGovern Smith (NE) Honda Solis Moore (WI) bill was passed. Gilchrest McHugh Smith (NJ) Hooley Souder Moran (KS) The result of the vote was announced Gillibrand McIntyre Smith (WA) Hoyer Space Moran (VA) Gillmor McMorris Snyder Hulshof Spratt as above recorded. Murphy (CT) Gohmert Rodgers Solis Hunter Stark Murphy, Patrick A motion to reconsider was laid on Gonzalez McNerney Space Inglis (SC) Stearns Murphy, Tim the table. Goode McNulty Spratt Inslee Murtha Stupak Goodlatte Meek (FL) Stark Israel Musgrave Sutton f Gordon Meeks (NY) Stearns Issa Nadler Tanner Graves Melancon Stupak Jackson (IL) Napolitano Tauscher PRESIDENTIAL RECORDS ACT Green, Al Michaud Sutton Jackson-Lee Taylor Neal (MA) AMENDMENTS OF 2007 Green, Gene Millender- Tanner (TX) Neugebauer Terry Grijalva McDonald Tauscher Jefferson Nunes Thompson (CA) The SPEAKER pro tempore. The Gutierrez Miller (MI) Taylor Jindal Thompson (MS) Oberstar pending business is the question of sus- Hall (NY) Miller (NC) Terry Johnson (GA) Obey Thornberry Hare Mitchell Thompson (CA) Johnson (IL) Olver Tiahrt pending the rules and passing the bill, Harman Mollohan Thompson (MS) Johnson, E. B. Ortiz Tiberi H.R. 1255, as amended. Hastings (FL) Moore (KS) Tiahrt Johnson, Sam Pallone Tierney The Clerk read the title of the bill. Hayes Moore (WI) Tiberi Jones (OH) Towns Pascrell The SPEAKER pro tempore. The Heller Moran (KS) Tierney Jordan Pastor Turner Herger Moran (VA) Towns Kagen Payne Udall (CO) question is on the motion offered by Herseth Murphy (CT) Turner Kaptur Pearce Udall (NM) the gentleman from Missouri (Mr. Higgins Murphy, Patrick Udall (CO) Keller Upton Pence CLAY) that the House suspend the rules Hill Murphy, Tim Udall (NM) Kennedy Perlmutter Van Hollen Hinchey Murtha Upton Kildee Peterson (MN) Vela´ zquez and pass the bill, H.R. 1255, as amend- Hinojosa Nadler Van Hollen Kilpatrick Peterson (PA) Visclosky ed, on which the yeas and nays are or- Hirono Napolitano Vela´ zquez Kind Petri Walden (OR) dered. Hobson Neal (MA) Visclosky King (NY) Pickering Walsh (NY) This will be a 5-minute vote. Hodes Nunes Walden (OR) Kirk Pitts Walz (MN) Hoekstra Oberstar Walsh (NY) Klein (FL) Platts Wamp The vote was taken by electronic de- Holden Obey Walz (MN) Kline (MN) Poe Wasserman vice, and there were—yeas 333, nays 93, Holt Olver Wamp Knollenberg Pomeroy Schultz not voting 7, as follows: Honda Ortiz Wasserman Kucinich Porter Waters Hooley Pallone Schultz Kuhl (NY) Price (GA) Watson [Roll No. 143] Hoyer Pascrell Waters LaHood Price (NC) Watt YEAS—333 Hulshof Pastor Watson Lampson Pryce (OH) Waxman Inslee Paul Watt Langevin Putnam Weiner Abercrombie Bono Carnahan Israel Payne Waxman Lantos Radanovich Welch (VT) Ackerman Boozman Carney Issa Pearce Weiner Larsen (WA) Rahall Weldon (FL) Alexander Boren Carson Jackson (IL) Perlmutter Welch (VT) Larson (CT) Ramstad Weller Allen Boswell Carter Jackson-Lee Peterson (MN) Wexler Latham Rangel Wexler Altmire Boucher Castle (TX) Peterson (PA) Wicker LaTourette Regula Whitfield Andrews Boustany Castor Jefferson Petri Wilson (OH) Lee Rehberg Wicker Arcuri Boyd (FL) Chabot Jindal Pickering Wilson (SC) Levin Reichert Wilson (NM) Baca Boyda (KS) Chandler Johnson (GA) Platts Wolf Lewis (CA) Renzi Wilson (OH) Baird Brady (PA) Clarke Johnson (IL) Pomeroy Woolsey Lewis (GA) Reyes Wilson (SC) Baker Brady (TX) Clay Johnson, E. B. Porter Wu Lewis (KY) Reynolds Wolf Baldwin Braley (IA) Cleaver Jones (NC) Price (NC) Wynn Lipinski Rodriguez Woolsey Barrow Brown, Corrine Clyburn Jones (OH) Pryce (OH) Yarmuth LoBiondo Rogers (AL) Wu Bartlett (MD) Brown-Waite, Coble Kagen Radanovich Young (FL) Loebsack Rogers (KY) Wynn Bean Ginny Cohen Lofgren, Zoe Rogers (MI) Yarmuth Becerra Burgess Conyers NAYS—93 Lowey Rohrabacher Young (AK) Berkley Burton (IN) Cooper Aderholt Bishop (UT) Conaway Lucas Ros-Lehtinen Young (FL) Berman Butterfield Costa Akin Blackburn Cubin Berry Buyer Costello Bachmann Boehner Culberson NAYS—34 Bilirakis Calvert Courtney Bachus Buchanan Davis (KY) Bishop (GA) Camp (MI) Cramer Barrett (SC) Campbell (CA) Davis, David Bartlett (MD) Cannon Culberson Bishop (NY) Capito Crenshaw Barton (TX) Cannon Deal (GA) Barton (TX) Coble Davis (KY) Blumenauer Capps Crowley Biggert Cantor Doolittle Burgess Conaway Doolittle Blunt Capuano Cuellar Bilbray Cole (OK) Drake Campbell (CA) Cubin English (PA) Bonner Cardoza Cummings

VerDate Aug 31 2005 04:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.009 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2509 Everett Linder Rogers (AL) Brown-Waite, Hobson Paul Buchanan Hunter Price (GA) Fallin Lucas Rogers (KY) Ginny Hodes Payne Buyer Inglis (SC) Pryce (OH) Feeney Lungren, Daniel Rogers (MI) Burgess Holden Perlmutter Campbell (CA) Issa Putnam Flake E. Sali Burton (IN) Holt Peterson (MN) Cannon Johnson, Sam Radanovich Fossella Mack Schmidt Butterfield Honda Peterson (PA) Cantor Jordan Renzi Foxx Manzullo Sensenbrenner Calvert Hooley Pickering Carter Keller Reynolds Franks (AZ) Marchant Sessions Camp (MI) Hoyer Platts Coble King (IA) Rogers (AL) Garrett (NJ) McCarthy (CA) Shadegg Capito Hulshof Poe Cole (OK) King (NY) Rogers (KY) Gingrey McCrery Conaway Kingston Shimkus Capps Inslee Pomeroy Royce Hall (TX) McHenry Capuano Israel Porter Cubin Kline (MN) Shuster Ryan (WI) Hastert McKeon Cardoza Jackson (IL) Price (NC) Davis (KY) Knollenberg Smith (TX) Sali Hastings (WA) Mica Carnahan Jackson-Lee Rahall Davis, David Kuhl (NY) Souder Schmidt Hensarling Miller (FL) Carney (TX) Ramstad Deal (GA) LaHood Hunter Miller, Gary Sullivan Carson Jefferson Rangel Diaz-Balart, L. Lamborn Sensenbrenner Inglis (SC) Musgrave Tancredo Castle Jindal Regula Diaz-Balart, M. Lewis (KY) Sessions Johnson, Sam Myrick Thornberry Castor Johnson (GA) Rehberg Doolittle Linder Shadegg Jordan Neugebauer Walberg Chabot Johnson (IL) Reichert Drake Lucas Shimkus King (IA) Pence Weldon (FL) Chandler Johnson, E. B. Reyes Dreier Lungren, Daniel Shuster Kingston Pitts Weller Clarke Jones (NC) Rodriguez Everett E. Smith (TX) Kirk Poe Westmoreland Clay Jones (OH) Rogers (MI) Fallin Mack Souder Kline (MN) Price (GA) Whitfield Cleaver Kagen Rohrabacher Feeney Manzullo Stearns Kuhl (NY) Putnam Wilson (NM) Clyburn Kaptur Ros-Lehtinen Flake Marchant Sullivan Lamborn Rehberg Young (AK) Cohen Kennedy Roskam Forbes McCarthy (CA) Tancredo Lewis (KY) Renzi Conyers Kildee Ross Fossella McCrery Terry Cooper Kilpatrick Rothman Foxx McHenry NOT VOTING—7 Thornberry Costa Kind Roybal-Allard Franks (AZ) Mica Upton Garrett (NJ) Brown (SC) Kanjorski Saxton Costello Kirk Ruppersberger Miller (FL) Walberg Courtney Gingrey Miller, Gary Davis, Jo Ann Meehan Klein (FL) Rush Wamp Cramer Kucinich Ryan (OH) Goodlatte Musgrave Granger Miller, George Weldon (FL) Crenshaw Lampson Salazar Hall (TX) Myrick Westmoreland ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Crowley Langevin Sa´ nchez, Linda Hastert Neugebauer Cuellar Lantos T. Hastings (WA) Nunes Whitfield The SPEAKER pro tempore (during Wicker the vote). Members are advised that Culberson Larsen (WA) Sanchez, Loretta Hayes Pearce Cummings Larson (CT) Sarbanes Heller Pence Wilson (NM) there are 2 minutes remaining on this Davis (AL) Latham Schakowsky Hensarling Petri Wilson (SC) vote. Davis (CA) LaTourette Schiff Hoekstra Pitts Young (AK) Davis (IL) Lee Schwartz NOT VOTING—8 b 1234 Davis, Lincoln Levin Scott (GA) Davis, Tom Lewis (CA) Scott (VA) Brown (SC) Kanjorski Saxton Mr. MARCHANT changed his vote DeFazio Lewis (GA) Serrano Davis, Jo Ann Meehan Spratt from ‘‘yea’’ to ‘‘nay.’’ DeGette Lipinski Sestak Granger Miller, George Delahunt LoBiondo Shays Mr. ROYCE changed his vote from DeLauro Loebsack Shea-Porter ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ‘‘nay’’ to ‘‘yea.’’ Dent Lofgren, Zoe Sherman The SPEAKER pro tempore (during So (two-thirds being in the affirma- Dicks Lowey Shuler the vote). Members are advised there tive) the rules were suspended and the Dingell Lynch Simpson Doggett Mahoney (FL) Sires are 2 minutes remaining on this vote. bill, as amended, was passed. Donnelly Maloney (NY) Skelton The result of the vote was announced Doyle Markey Slaughter b 1242 as above recorded. Duncan Marshall Smith (NE) Edwards Matheson Smith (NJ) Ms. ROS-LEHTINEN changed her A motion to reconsider was laid on Ehlers Matsui Smith (WA) the table. Ellison McCarthy (NY) Snyder vote from ‘‘nay’’ to ‘‘yea.’’ Stated for: Ellsworth McCaul (TX) Solis So (two-thirds being in the affirma- Mrs. WILSON of New Mexico. Mr. Speaker, Emanuel McCollum (MN) Space tive) the rules were suspended and the Emerson McCotter Stark bill, as amended, was passed. on rollcall No. 143 I inadvertently voted ‘‘nay.’’ Engel McDermott Stupak I meant to vote ‘‘yea.’’ English (PA) McGovern Sutton The result of the vote was announced Eshoo McHugh Tanner as above recorded. f Etheridge McIntyre Tauscher A motion to reconsider was laid on Farr McKeon Taylor FREEDOM OF INFORMATION ACT Fattah McMorris Thompson (CA) the table. AMENDMENTS OF 2007 Ferguson Rodgers Thompson (MS) Filner McNerney Tiahrt f The SPEAKER pro tempore. The Fortenberry McNulty Tiberi Frank (MA) Meek (FL) Tierney pending business is the question of sus- COMMUNICATION FROM DISTRICT pending the rules and passing the bill, Frelinghuysen Meeks (NY) Towns Gallegly Melancon Turner DIRECTOR OF HON. LEONARD L. H.R. 1309, as amended. Gerlach Michaud Udall (CO) BOSWELL, MEMBER OF CON- Giffords Millender- Udall (NM) The Clerk read the title of the bill. GRESS The SPEAKER pro tempore. The Gilchrest McDonald Van Hollen Gillibrand Miller (MI) Vela´ zquez The SPEAKER pro tempore laid be- question is on the motion offered by Gillmor Miller (NC) Visclosky the gentleman from Missouri (Mr. Gohmert Mitchell Walden (OR) fore the House the following commu- CLAY) that the House suspend the rules Gonzalez Mollohan Walsh (NY) nication from Sally Bowzer, District Goode Moore (KS) Walz (MN) Director of the Honorable LEONARD L. and pass the bill, H.R. 1309, as amend- Gordon Moore (WI) Wasserman ed, on which the yeas and nays are or- Graves Moran (KS) Schultz BOSWELL, Member of Congress: dered. Green, Al Moran (VA) Waters CONGRESS OF THE UNITED STATES, This will be a 5-minute vote. Green, Gene Murphy (CT) Watson HOUSE OF REPRESENTATIVES, Grijalva Murphy, Patrick Watt Washington, DC, March 12, 2007. The vote was taken by electronic de- Gutierrez Murphy, Tim Waxman Hon. NANCY PELOSI, vice, and there were—yeas 308, nays Hall (NY) Murtha Weiner Speaker, House of Representatives, 117, not voting 8, as follows: Hare Nadler Welch (VT) Harman Napolitano Weller Washington, DC. [Roll No. 144] Hastings (FL) Neal (MA) Wexler DEAR MADAM SPEAKER: This is to notify YEAS—308 Herger Oberstar Wilson (OH) you formally, pursuant to Rule VIII of the Herseth Obey Wolf Rules of the House of Representatives, that I Abercrombie Bean Boozman Higgins Olver Woolsey Ackerman Becerra Boren have been served with a subpoena, issued by Hill Ortiz Wu the District Court for Polk County, Iowa, for Alexander Berkley Boswell Hinchey Pallone Wynn Allen Berman Boucher Hinojosa Pascrell Yarmuth testimony in a criminal case. Altmire Berry Boustany Hirono Pastor Young (FL) After consultation with the Office of Gen- Andrews Bilbray Boyd (FL) eral Counsel, I have determined that compli- Arcuri Bishop (GA) Boyda (KS) NAYS—117 ance with the subpoena is consistent with Baca Bishop (NY) Brady (PA) Baird Bishop (UT) Aderholt Baker Bilirakis the precedents and privileges of the House. Brady (TX) Baldwin Blumenauer Akin Barrett (SC) Blackburn Sincerely, Braley (IA) Barrow Blunt Bachmann Barton (TX) Boehner SALLY BOWZER, Brown, Corrine Bartlett (MD) Bonner Bachus Biggert Bono District Director.

VerDate Aug 31 2005 04:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.011 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2510 CONGRESSIONAL RECORD — HOUSE March 14, 2007 PROVIDING FOR CONSIDERATION b 1245 ernment accountability and of govern- OF H.R. 985, WHISTLEBLOWER Mr. HASTINGS of Florida. Mr. ment fiscal responsibility. PROTECTION ENHANCEMENT ACT Speaker, for purpose of debate only, I Throughout our history, whistle- OF 2007 yield the customary 30 minutes to my blowers have played integral roles in Mr. HASTINGS of Florida. Mr. good friend and colleague from Florida, improving our government and holding it accountable for its negligence. From Speaker, by direction of the Com- Mr. DIAZ-BALART. All time yielded dur- Shawn Carpenter to Joseph Darby to mittee on Rules, I call up House Reso- ing consideration of the rule is for de- Mark Felt, and everyone in between, lution 239 and ask for its immediate bate only. consideration. Mr. Speaker, I yield myself such time whistleblowers have faced harsh pen- The Clerk read the resolution, as fol- as I may consume. alties from those who would prefer that lows: (Mr. HASTINGS of Florida asked and what they know is never shared with H. RES. 239 was given permission to revise and ex- the public. They have, nevertheless, Resolved, That at any time after the adop- tend his remarks.) put their careers on the line, and in tion of this resolution the Speaker may, pur- Mr. HASTINGS of Florida. Mr. some instances even their lives, to do suant to clause 2(b) of rule XVIII, declare the Speaker, House Resolution 239 provides what they knew was the right thing to House resolved into the Committee of the for consideration of H.R. 985, the Whis- do. Their courage is to be commended Whole House on the state of the Union for tleblower Protection Enhancement Act and their conviction embraced. consideration of the bill (H.R. 985) to amend When history judges this current ad- of 2007 under a structured rule. The title 5, United States Code, to clarify which ministration, I believe it will look rule provides 1 hour and 20 minutes of disclosures of information are protected down upon the drastic and despicable from prohibited personnel practices; to re- general debate with 1 hour equally di- actions taken by this administration, quire a statement in nondisclosure policies, vided and controlled by the chairman which have stifled those seeking to forms, and agreements to the effect that and ranking minority member of the speak truth to power. These actions such policies, forms, and agreements are con- Committee on Oversight and Govern- are, indeed, some of the very reasons sistent with certain disclosure protections, ment Reform. The remaining 20 min- and for other purposes. The first reading of why this bill is so desperately needed. the bill shall be dispensed with. All points of utes will be equally divided and con- For example, in 2005, the Bush ad- order against consideration of the bill are trolled by the chairman and ranking ministration officials placed a gag on a waived except those arising under clause 9 or minority member of the Committee on senior NOAA official who was sched- 10 of rule XXI. General debate shall be con- Homeland Security. uled to give an interview arguing that fined to the bill and shall not exceed one The rule waives all points of order hour and 20 minutes, with one hour equally global warming exists and has contrib- against consideration of the bill except uted to greater and stronger hurricane divided and controlled by the chairman and clauses 9 and 10 of rule XXI. The rule ranking minority member of the Committee activity. Three weeks later, Hurricane on Oversight and Government Reform and 20 provides that the amendment in the Katrina made landfall, first in my minutes equally divided and controlled by nature of a substitute, consisting of State of Florida, and then in Louisiana the chairman and ranking member of the the text of the bill, modified by the and Mississippi and Alabama, killing Committee on Homeland Security. After amendments, recommended by the hundreds and leaving hundreds of thou- general debate the bill shall be considered Committee on Oversight and Govern- sands homeless, jobless and ill. for amendment under the five-minute rule. ment Reform, and printed in the bill, How can we forget former CIA opera- An amendment in the nature of a substitute shall be considered as adopted. tive Valerie Plame? Her life, and the consisting of the text of the bill, modified by The bill, as amended, shall be consid- the amendments recommended by the Com- lives of others, were placed in jeopardy mittee on Oversight and Government Reform ered as an original bill for the purpose after the Vice President’s chief of staff now printed in the bill, shall be considered as of amendment and shall be considered revealed her name to a reporter in re- adopted in the House and in the Committee as read. The rule waives all points of taliation for her husband, former Am- of the Whole. The bill, as amended, shall be order against provisions in the bill, as bassador Joe Wilson, revealing that the considered as the original bill for the pur- amended. administration lied about the existence pose of further amendment under the five- Now, the rule makes in order five minute rule and shall be considered as read. of weapons of mass destruction in Iraq amendments, three Republican amend- and where they were trying to retrieve Notwithstanding clause 11 of rule XVIII, no ments and two Democratic, which are further amendment to the bill, as amended, uranium from Africa. shall be in order except those printed in the printed in the Rules Committee report When the Bush administration hasn’t report of the Committee on Rules accom- accompanying the resolution. been able to directly punish whistle- panying this resolution. Each further amend- The amendments may be offered only blowers, it has simply tried to unilater- ment may be offered only in the order print- in the order printed in the report, may ally change the law. Just this past Sep- ed in the report, may be offered only by a be offered only by a Member designated tember, after a senior Environmental Member designated in the report, shall be in the report and shall be considered as Protection Agency scientist revealed considered as read, shall be debatable for the read and shall be debatable for the that the administration had purpose- time specified in the report equally divided time specified in the report equally di- and controlled by the proponent and an op- fully misled the public regarding the ponent, shall not be subject to amendment, vided and controlled by the proponent air safety at Ground Zero following the and shall not be subject to a demand for divi- and an opponent. attacks of September 11, the Bush ad- sion of the question in the House or in the All points of order against amend- ministration issued an executive order Committee of the Whole. All points of order ments, except for clauses 9 and 10, are declaring that EPA employees are no against such further amendments are waived waived. longer covered by Federal whistle- except those arising under clause 9 or 10 of Finally, the rule provides for one mo- blower protections. That is outrageous. rule XXI. At the conclusion of consideration tion to recommit with or without in- These three high-profile cases, and of the bill for amendment the Committee structions. shall rise and report the bill, as amended, to there are a great deal more, these three the House with such further amendments as Mr. Speaker, today is an important capture only a small snapshot of the may have been adopted. The previous ques- day for the more than 2.7 million Fed- problems in the current administration shall be considered as ordered on the eral employees who show us, day in and tion. More importantly, they highlight bill and amendments thereto to final passage day out, their commitment to improv- the need for extended protection across without intervening motion except one mo- ing our great country. It is an impor- all agency lines to Federal whistle- tion to recommit with or without instruc- tant day because the House, in bipar- blowers. tions. tisan cooperation, is closing the loop- Unfortunately, for nearly the last SEC. 2. During consideration in the House of H.R. 985 pursuant to this resolution, not- holes which permitted retaliation decade, Federal whistleblowers have withstanding the operation of the previous against Federal employees who have received nothing more than lip service. question, the Chair may postpone further reported unlawful fraud, corruption, in- Let me make it very clear, I said for consideration of the bill to a time designated competence and abuse of power. the last decade, that includes the pre- by the Speaker. Today is an important day because vious administration and this one. The SPEAKER pro tempore (Mr. PAS- the House is saying loud and clear that Even when the House drafted legisla- TOR). The gentleman from Florida (Mr. whistleblower protection is an essen- tion in 2002 establishing the Depart- HASTINGS) is recognized for 1 hour. tial component of government, of gov- ment of Homeland Security, it failed to

VerDate Aug 31 2005 02:51 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.036 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2511 include whistleblower protections for to encourage the reporting to Congress regarding an amendment that was not DHS employees. of wrongdoing within the intelligence made in order of the ranking member Now, I am proud that I was the au- agencies. of the Intelligence Committee. thor of the amendment which extended In crafting the 1998 legislation, Con- I serve on that committee, and one these protections and was the only gress sought to balance the need for in- amendment that was made in order Democratic amendment adopted by the formation with national security re- contemplates everything that the House during consideration of the leg- quirements, giving intelligence com- ranking member of the Intelligence islation. The protection of whistle- munity whistleblowers access to Con- Committee might have provided in the blowers in recent years has unfortu- gress but through the intelligence com- amendment that he sought. nately garnered only lip service. mittees. Quite frankly, I think Mr. TIERNEY’s Today, the House is backing up these Yesterday, the Rules Committee de- amendment, which we will have an op- words with real action that protects nied the ranking member of the Intel- portunity to debate here on the floor, our 2.7 million Federal workforce. ligence Committee, Mr. HOEKSTRA, will give a full exploration of those I close by noting that this bill is not from offering an amendment striking matters having to do with whistle- perfect. That is why the Rules Com- section 10 of the bill. Section 10 con- blower concerns in the intelligence mittee has made five amendments in flicts with the provisions of the exist- community. So I commend that to my order, the majority of which, I might ing Intelligence Community Whistle- colleague and all here in this body. add, are going to be offered by our col- blower Protection Act of 1998. Mr. Speaker, I am very pleased to leagues, the Republicans, on the other The amendment, I believe, should yield to a new Member, who is not so side. have been made in order. National se- new now, to the Rules Committee, my Democrats are proud to continue our curity is obviously one of the most im- good friend, Mr. ARCURI from New efforts to work in a bipartisan manner, portant issues that we deal with. Be- York. I yield to him 4 minutes. and to provide the minority with many fore we make changes to how Congress Mr. ARCURI. Mr. Speaker, I thank opportunities to improve already good handles intelligence oversight, we my good friend and colleague from the legislation. should have a full and complete debate Rules Committee, the gentleman from GENERAL LEAVE on that particular provision. We could Florida, for yielding. Mr. HASTINGS of Florida. Mr. have done that if the majority had Mr. Speaker, accountability is a word Speaker, I ask unanimous consent that made the Hoekstra amendment in often used but seldom implemented. all Members may have 5 legislative order. For the last 12 years it is as if Congress days to revise and extend their re- Under the bill, defendants in whistle- forgot one of its principal responsibil- marks during debate on House Resolu- blower cases will now be able to make ities is to demand accountability from tion 239. their cases to any Federal district the administration and protect the The SPEAKER pro tempore. Is there court if the Merit Systems Protection American people from waste, fraud and objection to the request of the gen- Board does not take action within 180 abuse. tleman from Florida? days. The Whistleblower Protection En- There was no objection. Part of this provision will allow hancement Act, which this rule pro- Mr. HASTINGS of Florida. Mr. claims to be processed on a more time- vides consideration for, will provide ad- Speaker, I reserve the balance of my ly basis than they are now. However, ditional transparency and account- time. there are possible problems with the ability for the way the Federal Govern- Mr. LINCOLN DIAZ-BALART of provision. ment spends tax dollars of the hard- Florida. I would like to thank my working Americans. b 1300 friend from Florida for the time. It is no secret that the only way we Mr. Speaker, I yield myself such time Yesterday, Oversight and Govern- can truly gather firsthand accounts of as I may consume. ment Reform Committee Ranking instances where waste, fraud and abuse Congress has the constitutional duty Member DAVIS asked the Rules Com- occur is from the people on the inside, to oversee the executive branch. In mittee that his amendment be made in the Federal employees. Unfortunately, order to discharge our constitutional order. His amendment sought to retain not all Federal employees are cur- oversight responsibility, Congress de- uniformity in the consideration of rently protected from being fired if pends on information obtained through whistleblower cases in the Federal they unmask corruption or other agency reports and direct communica- courts by keeping in place the current fraudulent activities going on inside tion from Department heads. However, requirement that all whistleblower ap- the administration. we also depend on information provided peals go through the United States This legislation goes right to the directly from employees within the Court of Appeals for the Federal Cir- heart of the issue by extending much agencies who are witnesses to the mis- cuit, rather than opening up appeals to needed whistleblower protections to use of taxpayer dollars and alert Con- all circuits. Federal Government employees work- gress of the possible corruption or in- Without the amendment, Federal em- ing on national security, government competence in management. ployee whistleblowers could end up contractor employees and transpor- In 1989, Congress passed the Whistle- possessing a different set of rights and tation security employees, including blower Protection Act in an effort to protections, depending on where they baggage screeners at our airports. It strengthen statutory protections for file their claim. However, unfortu- only makes sense that Federal employ- Federal employees who assist in the nately, the majority decided to close ees, especially those who have under- elimination of fraud, waste, abuse, ille- down the debate process on that issue, gone extensive background investiga- gality or corruption. and refused to allow the House to de- tions, obtained security clearances and H.R. 985 would modernize and expand bate that very important and meaning- handled classified information on a this protection to Federal employees, ful amendment. routine basis, be afforded the same with added whistleblower protection. I believe the majority should have rights and whistleblower protections as For example, the bill would extend made those amendments, the Hoekstra all other Federal employees. protection to FBI agents, CIA agents, amendment and the Davis amendment, In addition, this legislation takes employees of the Defense Intelligence in order, along with other important some very important steps. It would Agency, the National Geospatial Agen- amendments brought before the Rules abolish the U.S. Circuit Court of Ap- cy and the National Security Agency. Committee. peals for the Federal Circuit’s exclu- I think it is important to have whis- Mr. Speaker, I reserve the balance of sive jurisdiction for overhearing whistleblower protection for the intel- my time. tleblower appeals cases, taking away ligence community. I would like to Mr. HASTINGS of Florida. Mr. its Supreme Court-like jurisdiction and point out, however, that Congress has Speaker, I yield myself such time, be- allowing the appropriate Federal ap- already passed such legislation. In 1998, fore yielding to my good friend and col- peals courts in the respective circuit Congress passed the Intelligence Com- league on the Rules Committee, only where the incident took place to hear munity Whistleblower Protection Act to respond to my friend from Florida such cases.

VerDate Aug 31 2005 02:51 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.038 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2512 CONGRESSIONAL RECORD — HOUSE March 14, 2007 For instance, if the instance of whis- seeing the executive branch. It is im- member of the committee of jurisdic- tleblowing were to occur in New York, perative that we do that. We need to tion here, the Oversight and Govern- in my district, that is the Second Cir- recognize that we are a separate and ment Reform Committee, Mr. DAVIS, cuit. The initial decision rendered by coequal branch of our Federal Govern- who served very ably as the chairman the Second Circuit should be appealed ment. We have a right to know the ac- of that committee before we saw last in the Second Circuit. It should not be tions of the executive branch and to November’s election make this change. required to come to the Federal Circuit oversee the implementation of the laws This former chairman, the now ranking here. that we create as Members of this member, sought to offer an amend- The current appeals structures for body, and whistleblowers are a very ment, and he also was denied a chance hearing whistleblower cases not only crucial part of that. to offer that amendment. places a hefty financial burden on indi- Now, Mr. Speaker, I do support the I do commend my California col- viduals who would have to travel from idea of expanding and modernizing league, Mr. WAXMAN, the distinguished across the country to D.C. just to have whistleblower protection laws. But, un- chairman of the committee, as well as their appeal heard, it also provides a fortunately, I believe that this legisla- Mr. DAVIS, for their hard work and ex- disservice to our Nation’s legal system tion ends up falling short of that very pertise on this very critical issue. Un- by overburdening one court. important goal to which I believe we fortunately, I believe that the bill does, As a former district attorney, I know all aspire. as I say, fall short of that goal. The from experience that having the ability The bill aims to extend whistleblower goal really is an important one, as I to draw on decisions from similar cases protections to Federal workers who said, to ensure that whistleblowers rendered from different courts around specialize in national security issues. help us meet our constitutional respon- the country would greatly improve our These workers include employees of sibility for oversight of the executive branch. legal system. It would benefit all par- the FBI, the CIA, the Defense Intel- But the national security concerns ligence Agency, among others. Unfor- ties involved, and further enhance our that have been raised I think are such Nation’s exceptional legal system. Fur- tunately, the bill raises significant na- that, in its present form, I am not ther, by allowing other Federal circuit tional security concerns that have going to be able to support this meas- appellate courts to hear whistleblower really led me to conclude that I can’t ure. appeal cases increases the opportunity support this bill in its present form. So, Mr. Speaker, I do urge my col- for those cases to be heard by the Within its oversight obligations, Mr. leagues to vote against this rule. And United States Supreme Court. Speaker, Congress is tasked with pro- as I said, I am troubled enough that Mr. Speaker, it is time to level the tecting highly classified intelligence the bill itself, in its current form, is playing field for all Federal employees programs. It is absolutely critical for not legislation that I can support. who have the courage to stand up for us to ensure that any oversight is con- Mr. HASTINGS of Florida. Mr. the American people. ducted by Members and staff with the Speaker, I am very pleased to yield 3 I urge my colleagues on both sides of appropriate experience and expertise. minutes to my good friend and class- the aisle to support this rule and the Now, this bill, in its current form, mate, the gentlewoman from New York Whistleblower Protection Enhance- compromises that duty and outlines (Mrs. MALONEY). ment Act. new procedures that have the potential Mrs. MALONEY of New York. I rise, Mr. LINCOLN DIAZ-BALART of to expose highly classified national se- Mr. Speaker, in strong support of the Florida. Mr. Speaker, I yield such time curity programs and information. rule, H. Res. 239, and the underlying as he may consume to the distin- Now, during the Rules Committee bill, H.R. 985, the Whistleblower Pro- guished ranking member of the Rules hearing yesterday, an amendment was tection Enhancement Act. Committee, Mr. DREIER. offered by the ranking member of the And I want to commend, not only the (Mr. DREIER asked and was given Permanent Select Committee on Intel- Rules Committee for coming forward permission to revise and extend his re- ligence, Mr. HOEKSTRA. And I just with a fair rule, but also Chairman marks.) heard my friend from Fort Lauderdale, WAXMAN and Ranking Member DAVIS Mr. DREIER. Mr. Speaker, I rise to who has served very ably as a member for moving this important bill out of begin by thanking my friend from of the Intelligence Committee, as well the Government Reform and Oversight Miami and my friend from Fort Lau- as on the Rules Committee, say that Committee on which I serve. derdale. We have got this Sun Belt there is another amendment designed The Whistleblower Protection Act linkage now here. The only thing in be- to address this. has been weakened by court cases in tween it was somebody from upstate But, frankly, I believe very strongly recent years, and even the weak pro- New York there. And I know he likes that the amendment that was filed in a tections offered under the Whistle- that better than Los Angeles, as he timely manner by the gentleman from blower Protection Act do not apply to told me up in the Rules Committee just Michigan (Mr. HOEKSTRA) was one that national security whistleblowers or before we were going into our last was not made in order, and I believe contractors at those agencies. The Oversight Committee repeatedly break. But I am proud that there are really best takes on this issue of deal- has heard from people who have had three of us at least who come from the ing with a better way to ensure the se- their security clearances revoked after Sun Belt who are representing this de- curity of this important, very impor- blowing the whistle. In some cases they tant information. bate on this rule. have been fired for pointing out lapses Mr. Speaker, I do rise to reluctantly Now, Mr. Speaker, 10 amendments in security, for pointing out waste, were offered at the Rules Committee, oppose both the rule and the under- fraud and abuse. lying legislation. The bill is very well- and while I commend the majority for We have been told that wrongdoers intentioned, and it is designed to clar- making five of those 10 amendments in have been allowed to continue their ac- ify and expand the laws regarding order, I do believe that an open rule tions, while the whistleblowers have those who try to expose waste, fraud would have been more appropriate. been the ones that have been made to and mismanagement in the Federal Give the Members of this body the op- suffer. This is absolutely wrong. Government. portunity to offer amendments to im- In the 109th Congress I was joined by Whistleblowers, oftentimes, put their portant pieces of legislation like this, my colleague, DIANE WATSON, in offer- jobs at risk to expose wrongdoing in not just on noncontroversial bills, ing an amendment during the commit- the workplace, and whistleblowers are which is what we have seen the open tee’s consideration of the Federal Em- absolutely crucial to our Nation’s secu- rule procedure used for in the past. ployee Protection of Disclosures Act, rity, safety and success as well. I be- At the very least, Mr. Speaker, I that would have extended whistle- lieve very much that their protection think we should have made all 10 of the blower protections to employees in na- is an inherent right for all employees, amendments that were submitted to tional security and in the intelligence and it needs to be maintained. the Rules Committee in order so that community. In addition, the whistleblower pro- we could have had a free flowing debate I would argue, and I believe many of tections enable Congress to fulfill our on these, and we would have had a my colleagues would agree, that re- constitutional responsibility of over- chance for people like the ranking vealing lapses in the security of our

VerDate Aug 31 2005 02:51 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.040 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2513 Nation is a national security priority national security and our government vote on adopting the resolution . . . [and] above all. Whistleblowers in these cat- accountability. I am proud to support has no substantive legislative or policy im- egories should be protected. the underlying legislation and hope plications whatsoever.’’ But that is not what And I am thrilled that, under Demo- that my colleagues will do the same. they have always said. Listen to the defini- cratic leadership, this has been in- tion of the previous question used in the This is a fair rule for a bill that is sup- Floor Procedures Manual published by the cluded in the bill, that these protec- ported by Members from both sides of Rules Committee in the 109th Congress, tions have been extended to employees the aisle, including the chairman and (page 56). Here’s how the Rules Committee of intelligence agencies, and to Federal ranking Republican of the Government described the rule using information form contractors in intelligence agencies. Reform Committee. Congressional Quarterly’s ‘‘American Con- This is an important step forward for I urge a ‘‘yes’’ vote on the previous gressional Dictionary’’: ‘‘If the previous the American public. This is an impor- question and on the rule, Mr. Speaker. question is defeated, control of debate shifts tant step forward, I would argue, for The material previously referred to to the leading opposition member (usually the minority Floor Manager) who then man- the national security of our country. by Mr. LINCOLN DIAZ-BALART of Florida Whistleblowers are heroes and hero- ages an hour of debate and may offer a ger- is as follows: mane amendment to the pending business.’’ ines. They should not be turned into AMENDMENT TO H. RES. 239 Deschler’s Procedure in the U.S. House of villains and be harassed out of their OFFERED BY REP. LINCOLN DIAZ-BALART OF Representatives, the subchapter titled jobs, denied their security clearance FLORIDA ‘‘Amending Special Rules’’ states: ‘‘a refusal because they see a breach in security At the end of the resolution, add the fol- to order the previous question on such a rule or a breach in accountability in our lowing: [a special rule reported from the Committee government. SEC. 3. Notwithstanding any other provi- on Rules] opens the resolution to amend- So I am thrilled with this Demo- sion of this resolution, the amendment print- ment and further debate.’’ (Chapter 21, sec- cratic bill, and I urge my colleagues to ed in section 4 shall be in order as though tion 21.2) Section 21.3 continues: Upon rejec- vote for the rule and also for the under- printed as the last amendment in the report tion of the motion for the previous question lying bill. I urge all of my colleagues of the Committee on Rules if offered by Rep- on a resolution reported from the Committee on Rules, control shifts to the Member lead- to support it. It had bipartisan support resentative Hoekstra of Michigan or a designee. That amendment shall be debatable ing the opposition to the previous question, coming out of our committee. for 30 minutes equally divided and controlled who may offer a proper amendment or mo- b 1315 by the proponent and an opponent. tion and who controls the time for debate SEC. 4. The amendment referred to in sec- thereon.’’ Mr. LINCOLN DIAZ-BALART of tion 3 is as follows: Clearly, the vote on the previous question Florida. Mr. Speaker, I thank again my Strike section 10 of the bill and conform on a rule does have substantive policy impli- distinguished friend from Florida for the table of contents accordingly. cations. It is one of the only available tools his courtesy in yielding the time. Redesignate sections 11 through 14 as sec- for those who oppose the Democratic major- Mr. Speaker, we will oppose the pre- tions 10 through 13, respectively, and con- ity’s agenda and allows those with alter- vious question. If the previous question form the table of contents accordingly. native views the opportunity to offer an al- is defeated, I will offer an amendment In section 11(a)(2), as redesignated, strike ternative plan. ‘‘section 2303a (as inserted by section 10)’’ to the rule to make in order the and insert ‘‘section 2303’’. Mr. HASTINGS of Florida. Mr. amendment offered yesterday in the In section 13, as redesignated, strike ‘‘sec- Speaker, I yield back the balance of Rules Committee by the gentleman tion 12(a)(2)’’ and insert ‘‘section 11(a)(2)’’. my time, and I move the previous ques- from Michigan, the ranking member of tion on the resolution. the Permanent Select Committee on (The information contained herein was The SPEAKER pro tempore. The Intelligence, Mr. HOEKSTRA. provided by Democratic Minority on mul- question is on ordering the previous The Hoekstra amendment would safe- tiple occasions throughout the 109th Con- question. gress.) guard our national intelligence and The question was taken; and the THE VOTE ON THE PREVIOUS QUESTION: WHAT allow the Intelligence Committee to Speaker pro tempore announced that appropriately address whistleblower IT REALLY MEANS This vote, the vote on whether to order the the ayes appeared to have it. concerns through regular order. While Mr. LINCOLN DIAZ-BALART of the Tierney amendment which was previous question on a special rule, is not merely a procedural vote. A vote against or- Florida. Mr. Speaker, on that I demand made in order, as was pointed out by dering the previous question is a vote the yeas and nays. my good friend, attempts to address against the Democratic majority agenda and The yeas and nays were ordered. these concerns, it still allows the pos- a vote to allow the opposition, at least for The SPEAKER pro tempore. Pursu- sible disemination, we believe, of high- the moment, to offer an alternative plan. It ant to clause 8 and clause 9 of rule XX, ly sensitive information to individuals is a vote about what the House should be debating. this 15-minute vote on ordering the outside of the Intelligence Community previous question will be followed by 5- and, therefore, may put our security at Mr. Clarence Cannon’s Precedents of the House of Representatives, (VI, 308–311) de- minute votes on adoption of H. Res. risk. scribes the vote on the previous question on 239, if ordered, and approval of the Mr. Speaker, I ask unanimous con- the rule as ‘‘a motion to direct or control the Journal, if ordered. sent to insert the text of the Hoekstra consideration of the subject before the House The vote was taken by electronic de- amendment and extraneous materials being made by the Member in charge.’’ To vice, and there were—yeas 224, nays immediately prior to the vote on the defeat the previous question is to give the 197, not voting 12, as follows: previous question. opposition a chance to decide the subject be- The SPEAKER pro tempore. Is there fore the House. Cannon cites the Speaker’s [Roll No. 145] objection to the request of the gen- ruling of January 13, 1920, to the effect that YEAS—224 ‘‘the refusal of the House to sustain the de- tleman from Florida? Abercrombie Brady (PA) Courtney There was no objection. mand for the previous question passes the Ackerman Braley (IA) Cramer Mr. LINCOLN DIAZ-BALART of control of the resolution to the opposition’’ Allen Brown, Corrine Crowley Florida. At this time, Mr. Speaker, I in order to offer an amendment. On March Altmire Butterfield Cuellar 15, 1909, a member of the majority party of- Andrews Capps Cummings urge all Members to oppose the pre- fered a rule resolution. The House defeated Arcuri Capuano Davis (AL) vious question, and I yield back the the previous question and a member of the Baca Cardoza Davis (CA) balance of my time. opposition rose to a parliamentary inquiry, Baird Carnahan Davis (IL) Baldwin Carney Davis, Lincoln Mr. HASTINGS of Florida. Mr. asking who was entitled to recognition. Bean Carson DeFazio Speaker, the underlying legislation is Speaker Joseph G. Cannon (R–Illinois) said: Becerra Castor DeGette desperately needed. Federal employees ‘‘The previous question having been refused, Berkley Chandler Delahunt need to know that Congress is on their the gentleman from New York, Mr. Fitz- Berry Clarke DeLauro Bishop (GA) Clay Dicks side. They need to know that their jobs gerald, who had asked the gentleman to yield to him for an amendment, is entitled to Bishop (NY) Cleaver Dingell will not be at risk if they choose to re- the first recognition.’’ Blumenauer Clyburn Doggett veal fraud, abuse of power, neglect, or Boren Cohen Donnelly Because the vote today may look bad for Boswell Conyers Doyle corruption in their workplace. the Democratic majority they will say ‘‘the Boucher Cooper Edwards The extension of these whistleblower vote on the previous question is simply a Boyd (FL) Costa Ellison protections is absolutely critical to our vote on whether to proceed to an immediate Boyda (KS) Costello Ellsworth

VerDate Aug 31 2005 02:51 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.042 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2514 CONGRESSIONAL RECORD — HOUSE March 14, 2007 Emanuel Levin Roybal-Allard Mica Regula Souder Israel Michaud Scott (VA) Engel Lewis (GA) Rush Miller (FL) Rehberg Stearns Jackson (IL) Millender- Serrano Eshoo Lipinski Ryan (OH) Miller (MI) Reichert Sullivan Jackson-Lee McDonald Sestak Etheridge Loebsack Salazar Miller, Gary Renzi Tancredo (TX) Miller (NC) Shea-Porter Farr Lofgren, Zoe Sa´ nchez, Linda Moran (KS) Reynolds Terry Jefferson Mitchell Sherman Fattah Lowey T. Murphy, Tim Rogers (AL) Thornberry Johnson (GA) Mollohan Shuler Filner Lynch Sanchez, Loretta Musgrave Rogers (KY) Tiahrt Johnson, E. B. Moore (KS) Sires Frank (MA) Mahoney (FL) Sarbanes Myrick Rogers (MI) Tiberi Jones (OH) Moore (WI) Skelton Giffords Maloney (NY) Schakowsky Neugebauer Rohrabacher Turner Kagen Moran (VA) Slaughter Gillibrand Markey Schiff Nunes Ros-Lehtinen Upton Kanjorski Murphy (CT) Smith (WA) Paul Roskam Kaptur Murphy, Patrick Gonzalez Marshall Schwartz Walberg Snyder Gordon Matheson Scott (GA) Pearce Royce Kennedy Murtha Walden (OR) Solis Green, Al Matsui Scott (VA) Pence Ryan (WI) Kildee Nadler Walsh (NY) Space Green, Gene McCarthy (NY) Serrano Peterson (PA) Sali Kilpatrick Napolitano Wamp Spratt Grijalva McCollum (MN) Sestak Petri Schmidt Kind Neal (MA) Stark Pickering Sensenbrenner Weldon (FL) Klein (FL) Oberstar Gutierrez McDermott Shea-Porter Stupak Pitts Sessions Weller Kucinich Obey Hall (NY) McGovern Sherman Sutton Hare McIntyre Shuler Platts Shadegg Westmoreland Lampson Olver Tanner Harman McNerney Sires Poe Shays Whitfield Langevin Ortiz Tauscher Hastings (FL) McNulty Skelton Porter Shimkus Wicker Lantos Pallone Taylor Herseth Meeks (NY) Slaughter Price (GA) Shuster Wilson (NM) Larsen (WA) Pascrell Thompson (CA) Higgins Melancon Smith (WA) Pryce (OH) Simpson Wilson (SC) Larson (CT) Pastor Thompson (MS) Hill Michaud Snyder Putnam Smith (NE) Wolf Lee Payne Hinchey Millender- Solis Radanovich Smith (NJ) Young (AK) Levin Perlmutter Tierney Hinojosa McDonald Space Ramstad Smith (TX) Young (FL) Lewis (GA) Pomeroy Towns Hirono Miller (NC) Spratt Lipinski Price (NC) Udall (CO) Hodes Mitchell Stark NOT VOTING—12 Loebsack Rahall Udall (NM) Holden Mollohan Stupak Berman Kanjorski Miller, George Lofgren, Zoe Rangel Van Hollen ´ Holt Moore (KS) Sutton Brown (SC) McCarthy (CA) Ruppersberger Lowey Reyes Velazquez Honda Moore (WI) Tanner Davis, Jo Ann Meehan Saxton Lynch Rodriguez Visclosky Hooley Moran (VA) Tauscher Granger Meek (FL) Wynn Mahoney (FL) Ross Walz (MN) Hoyer Murphy (CT) Taylor Maloney (NY) Rothman Wasserman Inslee Murphy, Patrick Thompson (CA) b 1342 Markey Roybal-Allard Schultz Israel Murtha Thompson (MS) Marshall Ruppersberger Waters Jackson (IL) Nadler Tierney Ms. GINNY BROWN-WAITE of Flor- Matheson Rush Watson Jackson-Lee Napolitano Towns ida, Mr. REYNOLDS, and Mrs. Matsui Ryan (OH) Watt (TX) Neal (MA) Udall (CO) BACHMANN changed their vote from McCarthy (NY) Salazar Weiner Jefferson Oberstar Udall (NM) McCollum (MN) Sa´ nchez, Linda Welch (VT) Johnson (GA) Obey Van Hollen ‘‘yea’’ to ‘‘nay.’’ McDermott T. Wexler Johnson, E. B. Olver Vela´ zquez Ms. MCCOLLUM of Minnesota and McGovern Sanchez, Loretta Wilson (OH) Jones (OH) Ortiz Visclosky Mr. KUCINICH changed their vote from McIntyre Sarbanes Woolsey Kagen Pallone Walz (MN) ‘‘nay’’ to ‘‘yea.’’ McNerney Schakowsky Wu Kaptur Pascrell Wasserman McNulty Schiff Wynn Kennedy Pastor Schultz So the previous question was ordered. Melancon Schwartz Yarmuth Kildee Payne Waters The result of the vote was announced NAYS—193 Kilpatrick Perlmutter Watson as above recorded. Kind Peterson (MN) Watt Aderholt Everett LoBiondo Klein (FL) Pomeroy Waxman The SPEAKER pro tempore. The Akin Fallin Lucas Kucinich Price (NC) Weiner question is on the resolution. Alexander Feeney Lungren, Daniel Lampson Rahall Welch (VT) The question was taken; and the Bachmann Flake E. Langevin Rangel Wexler Speaker pro tempore announced that Bachus Forbes Mack Lantos Reyes Wilson (OH) Baker Fortenberry Manzullo Larsen (WA) Rodriguez Woolsey the ayes appeared to have it. Barrett (SC) Fossella Marchant Larson (CT) Ross Wu Mr. LINCOLN DIAZ-BALART of Bartlett (MD) Foxx McCarthy (CA) Lee Rothman Yarmuth Florida. Mr. Speaker, on that I demand Barton (TX) Franks (AZ) McCaul (TX) the yeas and nays. Biggert Frelinghuysen McCotter NAYS—197 Bilbray Gallegly McCrery The yeas and nays were ordered. Bilirakis Garrett (NJ) McHenry Aderholt Culberson Herger Bishop (UT) Gerlach McHugh Akin Davis (KY) Hobson The SPEAKER pro tempore. This Blackburn Gilchrest McKeon Alexander Davis, David Hoekstra will be a 5-minute vote. Blunt Gillmor McMorris Bachmann Davis, Tom Hulshof The vote was taken by electronic de- Boehner Gingrey Rodgers Bachus Deal (GA) Hunter vice, and there were—yeas 223, nays Bonner Gohmert Mica Baker Dent Inglis (SC) Bono Goode Miller (FL) Barrett (SC) Diaz-Balart, L. Issa 193, not voting 17, as follows: Boozman Goodlatte Miller (MI) Barrow Diaz-Balart, M. Jindal [Roll No. 146] Boustany Graves Miller, Gary Bartlett (MD) Doolittle Johnson (IL) Brady (TX) Hall (TX) Moran (KS) Barton (TX) Drake Johnson, Sam YEAS—223 Brown-Waite, Hastert Murphy, Tim Biggert Dreier Jones (NC) Abercrombie Carson Ellsworth Ginny Hastings (WA) Musgrave Bilbray Duncan Jordan Ackerman Castor Emanuel Buchanan Hayes Myrick Bilirakis Ehlers Keller Allen Chandler Engel Burgess Heller Neugebauer Bishop (UT) Emerson King (IA) Altmire Clarke Etheridge Burton (IN) Hensarling Nunes Blackburn English (PA) King (NY) Andrews Clay Fattah Calvert Herger Paul Blunt Everett Kingston Arcuri Cleaver Filner Camp (MI) Hobson Pearce Boehner Fallin Kirk Baca Clyburn Frank (MA) Campbell (CA) Hoekstra Pence Bonner Feeney Kline (MN) Baird Cohen Giffords Cannon Hulshof Peterson (PA) Bono Ferguson Knollenberg Baldwin Conyers Gillibrand Cantor Hunter Petri Boozman Flake Kuhl (NY) Barrow Cooper Gonzalez Capito Inglis (SC) Pickering Boustany Forbes LaHood Bean Costa Gordon Castle Issa Pitts Brady (TX) Fortenberry Lamborn Becerra Costello Green, Al Chabot Jindal Platts Brown-Waite, Fossella Latham Berkley Courtney Green, Gene Coble Johnson (IL) Poe Ginny Foxx LaTourette Berman Cramer Grijalva Conaway Johnson, Sam Porter Buchanan Franks (AZ) Lewis (CA) Berry Crowley Gutierrez Crenshaw Jones (NC) Price (GA) Burgess Frelinghuysen Lewis (KY) Bishop (GA) Cuellar Hall (NY) Cubin Jordan Pryce (OH) Burton (IN) Gallegly Linder Bishop (NY) Cummings Hare Culberson Keller Putnam Buyer Garrett (NJ) LoBiondo Blumenauer Davis (AL) Harman Davis (KY) King (IA) Radanovich Calvert Gerlach Lucas Boren Davis (CA) Hastings (FL) Davis, David King (NY) Ramstad Camp (MI) Gilchrest Lungren, Daniel Boswell Davis (IL) Herseth Davis, Tom Kingston Regula Campbell (CA) Gillmor E. Boucher Davis, Lincoln Higgins Deal (GA) Kirk Rehberg Cannon Gingrey Mack Boyd (FL) DeFazio Hill Dent Kline (MN) Reichert Cantor Gohmert Manzullo Boyda (KS) DeGette Hinchey Diaz-Balart, L. Knollenberg Renzi Capito Goode Marchant Brady (PA) Delahunt Hinojosa Diaz-Balart, M. Kuhl (NY) Reynolds Carter Goodlatte McCaul (TX) Braley (IA) DeLauro Hirono Doolittle LaHood Rogers (AL) Castle Graves McCotter Brown, Corrine Dicks Hodes Drake Lamborn Rogers (KY) Chabot Hall (TX) McCrery Butterfield Dingell Holden Dreier Latham Rogers (MI) Coble Hastert McHenry Capps Doggett Holt Duncan LaTourette Rohrabacher Cole (OK) Hastings (WA) McHugh Capuano Donnelly Honda Ehlers Lewis (CA) Ros-Lehtinen Conaway Hayes McKeon Cardoza Doyle Hooley Emerson Lewis (KY) Roskam Crenshaw Heller McMorris Carnahan Edwards Hoyer English (PA) Linder Royce Cubin Hensarling Rodgers Carney Ellison Inslee

VerDate Aug 31 2005 04:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.019 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2515 Ryan (WI) Souder Wamp Doyle Kucinich Reynolds Manzullo Pickering Shadegg Sali Stearns Weldon (FL) Edwards Lampson Rodriguez Marchant Pitts Shays Schmidt Sullivan Weller Ellison Langevin Ross Matheson Poe Shuster Sensenbrenner Tancredo Westmoreland Ellsworth Lantos Rothman McCarthy (CA) Price (GA) Smith (NE) Sessions Terry Whitfield Emanuel Larson (CT) Roybal-Allard McCotter Pryce (OH) Stearns Shadegg Thornberry Wicker Engel LaTourette Ruppersberger McHenry Putnam Stupak Shays Tiahrt Wilson (NM) Eshoo Lee Rush McHugh Radanovich Sullivan Shimkus Tiberi Wilson (SC) Etheridge Levin Ryan (OH) McKeon Ramstad Terry Shuster Turner Melancon Regula Tiahrt Wolf Farr Lewis (GA) Salazar Simpson Upton Fattah Lipinski Sa´ nchez, Linda Mica Rehberg Tiberi Young (AK) Smith (NE) Walberg Filner Loebsack T. Miller (FL) Renzi Udall (CO) Young (FL) Smith (NJ) Walden (OR) Forbes Lofgren, Zoe Sanchez, Loretta Miller (MI) Rogers (AL) Upton Smith (TX) Walsh (NY) Fortenberry Lowey Sarbanes Moran (KS) Rogers (KY) Walberg Frank (MA) Lynch Schakowsky Murphy, Tim Rogers (MI) Walden (OR) NOT VOTING—17 Gerlach Mack Schiff Musgrave Rohrabacher Walsh (NY) Brown (SC) Farr Miller, George Giffords Mahoney (FL) Schwartz Myrick Ros-Lehtinen Wamp Buyer Ferguson Peterson (MN) Gillibrand Maloney (NY) Scott (GA) Neugebauer Roskam Weldon (FL) Carter Granger Saxton Gillmor Markey Scott (VA) Nunes Royce Weller Cole (OK) Meehan Scott (GA) Gonzalez Marshall Serrano Olver Ryan (WI) Westmoreland Davis, Jo Ann Meek (FL) Waxman Goodlatte Matsui Sestak Pearce Sali Wilson (SC) Eshoo Meeks (NY) Gordon McCarthy (NY) Shea-Porter Pence Schmidt Wolf Green, Al McCaul (TX) Sherman Perlmutter Sensenbrenner Young (AK) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Green, Gene McCollum (MN) Shimkus Peterson (MN) Sessions Young (FL) The SPEAKER pro tempore (during Gutierrez McCrery Shuler ANSWERED ‘‘PRESENT’’—1 the vote). Members are advised 2 min- Hall (NY) McDermott Simpson Hall (TX) McGovern Sires Tancredo utes remain in this vote. Hare McIntyre Skelton Harman McMorris Slaughter NOT VOTING—10 b 1349 Hastings (FL) Rodgers Smith (NJ) Brown (SC) Grijalva Smith (TX) Hastings (WA) McNerney Smith (WA) Carter Meehan Watson So the resolution was agreed to. Hayes McNulty Snyder Davis, Jo Ann Miller, George The result of the vote was announced Herseth Meek (FL) Solis Granger Saxton Higgins Meeks (NY) Souder as above recorded. ANNOUNCEMENT BY THE SPEAKER PRO A motion to reconsider was laid on Hill Michaud Space Hinchey Millender- Spratt TEMPORE. the table. Hinojosa McDonald Stark The SPEAKER pro tempore (during Stated against: Hirono Miller (NC) Sutton the vote). Members are advised 2 min- Mr. COLE of Oklahoma. Mr. Speaker, I was Hodes Miller, Gary Tanner utes remain in this vote. unavoidably absent for rollcall vote 146 on H. Hoekstra Mitchell Tauscher Holden Mollohan Taylor b 1359 Res. 239, the rule to provide for consideration Holt Moore (KS) Thompson (CA) of H.R. 985. Had I been present, I would have Honda Moore (WI) Thompson (MS) So the Journal was approved. voted ‘‘nay.’’ Hooley Moran (VA) Thornberry The result of the vote was announced Hoyer Murphy (CT) Tierney as above recorded. f Inslee Murphy, Patrick Towns A motion to reconsider was laid on Israel Murtha Turner THE JOURNAL Issa Nadler Udall (NM) the table. Jackson (IL) Napolitano Van Hollen f The SPEAKER pro tempore. Pursu- Jackson-Lee Neal (MA) Vela´ zquez ant to clause 8 of rule XX, the pending (TX) Oberstar Visclosky PARLIAMENTARY INQUIRIES business is the question of agreeing to Jefferson Obey Walz (MN) Jindal Ortiz Wasserman Mr. WESTMORELAND. Mr. Speaker, the Speaker’s approval of the Journal Johnson (GA) Pallone Schultz I have a parliamentary inquiry. of the last day’s proceedings. Johnson (IL) Pascrell Waters The SPEAKER pro tempore (Mr. The question is on the Speaker’s ap- Johnson, E. B. Pastor Watt MCNULTY). The gentleman will state it. Jones (NC) Paul Waxman Mr. WESTMORELAND. Mr. Speaker, proval of the Journal. Jones (OH) Payne Weiner The question was taken; and the Jordan Peterson (PA) Welch (VT) I am sure you would like to join me in Speaker pro tempore announced that Kanjorski Petri Wexler noting that clause 2(a) of rule XX pro- the ayes appeared to have it. Kaptur Platts Whitfield vides that a recorded vote by electronic Keller Pomeroy Wicker device shall not be held open for the Mr. HASTINGS of Florida. Mr. Kennedy Porter Wilson (NM) Speaker, on that I demand the yeas Kildee Price (NC) Wilson (OH) sole purpose of reversing the outcome and nays. Kilpatrick Rahall Woolsey of such vote. On the previous question Kind Rangel Wu vote, Rollcall Vote No. 145, I would The yeas and nays were ordered. Kirk Reichert Wynn The SPEAKER pro tempore. This Klein (FL) Reyes Yarmuth hope that you would agree that at the will be a 5-minute vote. expiration of time for this vote the The vote was taken by electronic de- NAYS—157 noes were prevailing. Is that true? vice, and there were—yeas 265, nays Aderholt Chabot Gohmert b 1400 157, answered ‘‘present’’ 1, not voting Akin Cole (OK) Goode Alexander Conaway Graves The SPEAKER pro tempore. The gen- 10, as follows: Altmire Cubin Hastert tleman is correct that that particular [Roll No. 147] Bachmann Culberson Heller clause says that a vote may not be held Bachus Davis (KY) Hensarling YEAS—265 Baker Davis, David Herger open for the sole purpose of changing Abercrombie Boyda (KS) Cooper Barrow Deal (GA) Hobson an outcome. Ackerman Brady (PA) Costa Bartlett (MD) Diaz-Balart, L. Hulshof In this case, the vote remained open Allen Braley (IA) Costello Barton (TX) Diaz-Balart, M. Hunter to allow all Members to vote. Andrews Brown, Corrine Courtney Biggert Doolittle Inglis (SC) Mr. WESTMORELAND. Further par- Arcuri Butterfield Cramer Bilbray Drake Johnson, Sam Baca Cannon Crenshaw Bishop (UT) Dreier Kagen liamentary inquiry. Baird Capito Crowley Blackburn Duncan King (IA) The SPEAKER pro tempore. The gen- Baldwin Capps Cuellar Blunt Ehlers King (NY) tleman may state his inquiry. Barrett (SC) Capuano Cummings Boehner Emerson Kingston Mr. WESTMORELAND. Could the Bean Cardoza Davis (AL) Bonner English (PA) Kline (MN) Speaker tell me when an instance of Becerra Carnahan Davis (CA) Boozman Everett Knollenberg Berkley Carney Davis (IL) Boustany Fallin Kuhl (NY) the vote being held open would reverse Berman Carson Davis, Lincoln Brady (TX) Feeney LaHood the outcome if it is not when the Berry Castle Davis, Tom Brown-Waite, Ferguson Lamborn ‘‘nays’’ are prevailing against the Bilirakis Castor DeFazio Ginny Flake Larsen (WA) Bishop (GA) Chandler DeGette Buchanan Fossella Latham ‘‘yeas,’’ or the ‘‘yeas’’ prevailing Bishop (NY) Clarke Delahunt Burgess Foxx Lewis (CA) against the ‘‘nays,’’ and the majority Blumenauer Clay DeLauro Burton (IN) Franks (AZ) Lewis (KY) wants the outcome to be the exact op- Bono Cleaver Dent Buyer Frelinghuysen Linder posite? Boren Clyburn Dicks Calvert Gallegly LoBiondo The SPEAKER pro tempore. The Boswell Coble Dingell Camp (MI) Garrett (NJ) Lucas Boucher Cohen Doggett Campbell (CA) Gilchrest Lungren, Daniel Chair is not going to respond to a hy- Boyd (FL) Conyers Donnelly Cantor Gingrey E. pothetical question.

VerDate Aug 31 2005 02:51 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.023 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2516 CONGRESSIONAL RECORD — HOUSE March 14, 2007 Mr. WESTMORELAND. Sir, that is The SPEAKER pro tempore. That is Pence Ros-Lehtinen Thornberry not a hypothetical. the Chair’s elucidation of the rule. Pickering Roskam Tiahrt Pitts Sali Tiberi f Mr. WESTMORELAND. So it is the Poe Schmidt Upton Chair’s interpretation of the rule, of Porter Sensenbrenner PARLIAMENTARY INQUIRY Walberg clause 2(a) of rule XX; it is the Chair’s Price (GA) Sessions Walden (OR) Mr. WESTMORELAND. Parliamen- Putnam Shays Westmoreland interpretation that the vote can be Regula Shimkus tary inquiry. Wicker held open to reverse the outcome of the Rehberg Shuster Wilson (NM) Reichert Smith (NE) The SPEAKER pro tempore. The gen- vote? Wilson (SC) Renzi Smith (TX) tleman may state a parliamentary in- The SPEAKER pro tempore. The Wolf Reynolds Sullivan Young (FL) quiry. statement of the Chair speaks for Rogers (MI) Tancredo Mr. WESTMORELAND. I am asking itself. It is the responsibility of the Rohrabacher Terry you a question about the House rules. Chair to see to it that each and every If I am not correct, further parliamen- Member of the House of Representa- NOES—258 tary inquiry, you are the arbitrator of tives who responds to the vote has a Abercrombie Gutierrez Murphy (CT) those rules; is that true? Allen Hall (NY) Murphy, Patrick chance to record his or her vote. Altmire Hall (TX) Murtha The SPEAKER pro tempore. The gen- Mr. WESTMORELAND. Further par- Andrews Hare Nadler tleman is correct that the Chair may liamentary inquiry, Mr. Speaker. Arcuri Harman Napolitano describe pending parliamentary situa- The SPEAKER pro tempore. The gen- Baca Hastings (FL) Neal (MA) tions. Baird Herger Oberstar tleman may state his inquiry. Baldwin Herseth Obey Mr. WESTMORELAND. Further par- Mr. WESTMORELAND. Could the Barrow Higgins Ortiz liamentary inquiry. According to Speaker answer me why we have a time Bartlett (MD) Hill Pallone clause 2(a) of rule XX, it says that a re- Bean Hinchey Pascrell limit on votes? Becerra Hinojosa Pastor corded vote by electronic device shall The SPEAKER pro tempore. The 15- Berkley Hirono Payne not be held open for the sole purpose of minute time period is not a limit. It is Berman Hodes Perlmutter reversing the outcome of such vote. a minimum duration. After that, it is Berry Hoekstra Peterson (MN) Mr. Speaker, my parliamentary in- Bishop (GA) Holden Peterson (PA) in the discretion of the Chair in order Bishop (NY) Holt Petri quiry to you is: When would this rule to allow all Members a reasonable op- Blumenauer Honda Platts apply to a vote where, at the end of the portunity to vote. Boren Hooley Pomeroy time, the outcome was different than Boswell Hoyer Price (NC) what the majority wanted it to be? f Boucher Inslee Pryce (OH) Boyd (FL) Israel Rahall The SPEAKER pro tempore. The MOTION TO ADJOURN Brady (PA) Issa Ramstad Chair would advise the gentleman that Brady (TX) Jackson (IL) Rangel the rules address the duration of votes Mr. WESTMORELAND. Mr. Speaker, Braley (IA) Jackson-Lee Reyes I move we adjourn. Brown, Corrine (TX) Rodriguez in terms of minimum times; 15 minutes Butterfield Johnson (GA) Rogers (KY) is a minimum time, not the maximum. The SPEAKER pro tempore. The Capuano Johnson (IL) Ross A vote ultimately is called at the question is on the motion to adjourn Cardoza Johnson, E. B. Rothman Chair’s discretion, trying to accommo- offered by the gentleman from Georgia Carnahan Jones (NC) Roybal-Allard Carney Jones (OH) Royce date all Members who wish to vote. (Mr. WESTMORELAND). Carson Kagen Ruppersberger Mr. WESTMORELAND. Further par- The question was taken; and the Castor Kanjorski Rush liamentary inquiry, Mr. Speaker. Speaker pro tempore announced that Chabot Kaptur Ryan (OH) the noes appeared to have it. Chandler Kennedy Salazar We are talking about a single vote. Clarke Kildee Sa´ nchez, Linda We are talking about the previous RECORDED VOTE Clay Kilpatrick T. question vote, rollcall No. 145, which Mr. WESTMORELAND. Mr. Speaker, Cleaver Kind Sanchez, Loretta was held open past the 15-minute mark Clyburn Klein (FL) Sarbanes I demand a recorded vote. Cohen Kucinich Schakowsky to change the outcome. If clause 2(a) of A recorded vote was ordered. Conyers Kuhl (NY) Schiff rule XX does not apply to that, what The vote was taken by electronic de- Cooper Lampson Schwartz would it apply to? vice, and there were—ayes 142, noes 258, Costa Langevin Scott (GA) Costello Lantos Scott (VA) The SPEAKER pro tempore. The not voting 33, as follows: Courtney Larsen (WA) Serrano Chair is prepared to elucidate as fol- [Roll No. 148] Cramer Lee Sestak Crowley Levin Shea-Porter lows: AYES—142 It is true that under clause 2(a) of Cubin Lewis (CA) Sherman Aderholt Crenshaw Inglis (SC) Cuellar Lewis (GA) Shuler rule XX, a vote by electronic device Akin Culberson Jindal Cummings Lipinski Simpson ‘‘shall not be held open for the sole Alexander Davis (KY) Jordan Davis (AL) LoBiondo Sires purpose of reversing the outcome of Bachmann Davis, David Keller Davis (CA) Loebsack Skelton such vote.’’ Bachus Davis, Tom King (IA) Davis (IL) Lofgren, Zoe Slaughter Baker Dent King (NY) Davis, Lincoln Lowey Smith (NJ) In conducting a vote by electronic Barrett (SC) Diaz-Balart, L. Kingston DeFazio Lynch Smith (WA) device, the Chair is constrained to dif- Barton (TX) Diaz-Balart, M. Kirk DeGette Mahoney (FL) Snyder ferentiate between activity toward the Biggert Doolittle Kline (MN) DeLauro Maloney (NY) Solis Bilbray Drake Knollenberg Dingell Markey Souder establishment of an outcome on the Bilirakis Duncan Lamborn Doggett Marshall Space one hand, and activity that might have Bishop (UT) Ehlers Latham Donnelly Matheson Spratt as its purpose the reversal of an al- Blackburn Emerson LaTourette Doyle Matsui Stearns ready-established outcome, on the Blunt English (PA) Lewis (KY) Dreier McCarthy (NY) Stupak Boehner Fallin Lucas Edwards McCollum (MN) Sutton other. Bonner Fattah Lungren, Daniel Ellison McDermott Tanner The Chair also must be mindful that, Bono Feeney E. Ellsworth McGovern Tauscher even during a vote by electronic de- Boozman Ferguson Manzullo Emanuel McHugh Taylor Boustany Fossella Marchant Engel McIntyre Thompson (CA) vice, Members may vote by card in the Brown-Waite, Foxx McCarthy (CA) Eshoo McKeon Thompson (MS) well. So long as Members are recording Ginny Franks (AZ) McCaul (TX) Etheridge McNerney Tierney their votes—even after the minimum Buchanan Gallegly McCotter Everett McNulty Towns period prescribed for a given question— Burgess Garrett (NJ) McHenry Filner Meek (FL) Turner Burton (IN) Gerlach McMorris Fortenberry Meeks (NY) Udall (CO) the Chair will not close a vote to the Buyer Gilchrest Rodgers Frank (MA) Melancon Udall (NM) disenfranchisement of a district whose Calvert Gingrey Mica Frelinghuysen Michaud Van Hollen representative is trying to vote. Campbell (CA) Gohmert Miller (MI) Giffords Millender- Vela´ zquez Cannon Goodlatte Miller, Gary Gillibrand McDonald Visclosky Mr. WESTMORELAND. Further par- Cantor Graves Murphy, Tim Gillmor Miller (NC) Walsh (NY) liamentary inquiry. Capito Hastert Musgrave Gonzalez Mitchell Walz (MN) The SPEAKER pro tempore. The gen- Carter Hayes Myrick Goode Mollohan Wamp tleman may state his inquiry. Castle Heller Neugebauer Gordon Moore (KS) Wasserman Coble Hensarling Nunes Green, Al Moore (WI) Schultz Mr. WESTMORELAND. Mr. Speaker, Cole (OK) Hobson Paul Green, Gene Moran (KS) Waters what you just read, is that in the rules? Conaway Hunter Pearce Grijalva Moran (VA) Watson

VerDate Aug 31 2005 02:51 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.070 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2517 Watt Wexler Wynn b 1430 to be taken on these severe and sys- Waxman Whitfield Yarmuth temic problems, and many of our Na- Weiner Wilson (OH) Young (AK) Mr. BRALEY of Iowa. Mr. Chairman, Welch (VT) Woolsey I yield myself such time as I may con- tion’s heroes had to suffer there for far Weller Wu sume. too long. NOT VOTING—33 I am proud to be here today to bring The Whistleblower Protection En- hancement Act of 2007 makes impor- Ackerman Forbes Meehan to the floor of the House of Representa- Boyda (KS) Granger Miller (FL) tives, H.R. 985, the Whistleblower En- tant changes to existing law that will Brown (SC) Hastings (WA) Miller, George hancement Protection Act of 2007. A strengthen protections for government Camp (MI) Hulshof Olver month ago today this important bill workers who speak out against illegal, Capps Jefferson Radanovich Davis, Jo Ann Johnson, Sam Rogers (AL) passed the House Committee on Over- wasteful and dangerous practices. Deal (GA) LaHood Ryan (WI) sight and Government Reform unani- The bill protects all Federal whistle- Delahunt Larson (CT) Saxton mously by a vote of 28–0. I strongly blowers by clarifying that any disclo- Dicks Linder Shadegg support the bill, and I hope it will re- sure pertaining to waste, fraud or Farr Mack Stark Flake McCrery Weldon (FL) ceive a similar level of bipartisan sup- abuse, ‘‘without restriction as to time, port on the floor of the House of Rep- place, form, motive, context or prior b 1428 resentatives today. We need to send a disclosure,’’ and including both formal strong message that protecting the Messrs. KUHL of New York, BAIRD, and informal communications, is pro- rights of whistleblowers is not a Demo- tected. SCOTT of Georgia, MCNERNEY, cratic issue, it is not a Republican The bill also gives whistleblowers ac- PAYNE, RAHALL, ISSA, POMEROY issue, it is an issue that impacts the cess to timely action on their claims, and FRANK of Massachusetts changed lives and the safety of every American allowing them access to Federal dis- their vote from ‘‘aye’’ to ‘‘no.’’ citizen. trict courts if the Merit Systems Pro- Mr. BOEHNER changed his vote from Whistleblowers have long been in- tection Board does not take action on ‘‘no’’ to ‘‘aye.’’ strumental in alerting the public and their claims within 180 days. So the motion to adjourn was re- the Congress to wrongdoing in Federal In addition, the bill clarifies that na- jected. agencies. In many cases, the brave ac- tional security workers, employees of The result of the vote was announced tions of whistleblowers have led to government contractors, and those who as above recorded. positive changes that have resulted in blow the whistle on actions that com- more responsible, safe and ethical prac- f promise the integrity of Federal tices. In some instances, the actions of science are all entitled to whistle- WHISTLEBLOWER PROTECTION whistleblowers have even saved lives. blower protection. ENHANCEMENT ACT OF 2007 Unfortunately, despite the impor- As we continue to fight terrorism tance of whistleblowers in ensuring and other national security threats, The SPEAKER pro tempore. Pursu- government accountability and integ- this landmark legislation will give ant to House Resolution 239 and rule rity, court decisions by the U.S. Court whistleblower protections to national XVIII, the Chair declares the House in of Appeals for the Federal Circuit have security whistleblowers for the first the Committee of the Whole House on undermined whistleblower protections time. It may be hard to believe, but the State of the Union for the consider- and have unreasonably limited the currently employees at key govern- ation of the bill, H.R. 985. scope of disclosures protected under ment agencies in charge of protecting current law. the United States, including the FBI, b 1429 AXMAN The hearings that Chairman W the CIA, and the Transportation Secu- and Ranking Member DAVIS have been IN THE COMMITTEE OF THE WHOLE rity Administration, are excluded from holding in the Committee on Oversight Accordingly, the House resolved whistleblower protections. itself into the Committee of the Whole and Government Reform in the 110th These are the employees who work Congress have highlighted the need for House on the State of the Union for the every day to keep our country safe and expanded protections for workers who consideration of the bill (H.R. 985) to secure. These workers deserve to have shed light on wrongdoing by govern- amend title 5, United States Code, to the same protection as other Federal ment agencies and departments. Sev- clarify which disclosures of informa- employees, and the American public eral hearings held by the committee tion are protected from prohibited per- deserves to know that workers who have helped uncover waste and fraud in sonnel practices; to require a state- come forward with information that is government contracting, both here in ment in nondisclosure policies, forms, essential to national security will not the United States, and in Iraq, waste and agreements to the effect that such be punished for helping to keep us safe. and fraud which has led to the loss of policies, forms, and agreements are A good example is former FBI agent billions of taxpayer dollars and has consistent with certain disclosure pro- Coleen Rowley, Time magazine’s Per- jeopardized the safety of Americans tections, and for other purposes, with son of the Year in 2002. Special Agent here at home and those serving abroad. Mr. PASTOR in the chair. At another hearing, we learned that Rowley graduated from Wartburg Col- The Clerk read the title of the bill. some officials in the Bush administra- lege in Waverly, Iowa, which is located The CHAIRMAN. Pursuant to the tion have sought to manipulate Fed- in my district. Like me, she received rule, the bill is considered read the eral climate science, compromising the her law degree from the University of first time. health and safety of American families Iowa College of Law. She is married General debate shall not exceed 1 and the future of the planet solely for and has four children. hour and 20 minutes, with 1 hour equal- political gain. After the terrorist attacks on 9/11, ly divided and controlled by the chair- Perhaps the starkest reminder of the Special Agent Rowley wrote a paper for man and ranking minority member of need to protect those who remain si- the Director of the FBI, which laid out the Committee on Oversight and Gov- lent in the face of government wrong- in detail how personnel at FBI head- ernment Reform and 20 minutes equal- doing came at last week’s hearing at quarters failed to take action on con- ly divided and controlled by the chair- Walter Reed, at which we learned cerns raised by the Minneapolis field man and ranking minority member of about the terrible living conditions and office concerning its investigation of the Committee on Homeland Security. bureaucratic hurdles that soldiers have suspected terrorist Zacarias The gentleman from Iowa (Mr. endured there. Moussaoui. These failures, identified BRALEY) and the gentleman from Vir- At the hearing, it became clear that by Special Agent Rowley, could have ginia (Mr. TOM DAVIS) each will control nobody dared to complain about the left the United States vulnerable to 30 minutes, and the gentleman from squalid living conditions and inad- September 11 attacks in 2001. Special Pennsylvania (Mr. CARNEY) and the equate care at what is supposed to be Agent Rowley later testified before the gentleman from Connecticut (Mr. the best military facility in the world Senate and the 9/11 Commission about SHAYS) each will control 10 minutes. because of fear of retribution. these very same concerns. The Chair recognizes the gentleman Because of this fear, it took an ex- Following those hearings, Iowa Sen- from Iowa. pose by a newspaper in order for action ator CHUCK GRASSLEY, a Republican

VerDate Aug 31 2005 02:51 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.026 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2518 CONGRESSIONAL RECORD — HOUSE March 14, 2007 who has been a proponent of whistle- Mr. TOM DAVIS of Virginia. Mr. eral appeals court, is going to, in the blower protection, pushed for a major Chairman, today, we take up the Whis- long term, be counterproductive to our reorganization at the FBI, resulting in tleblower Protection Enhancement Act policies governing Federal employ- the creation of the Office of Intel- of 2007. This legislation would mod- ment. ligence, which significantly expanded ernize, clarify, and expand the laws I am also interested in the amend- FBI personnel with counterterrorism protecting Federal employees who blow ment dealing with national security and foreign language skills. the whistle on waste, fraud, and mis- whistleblowers Mr. HOEKSTRA filed at Senator GRASSLEY commended the management in the Federal Govern- Rules, but was not made in order. actions of Rowley, saying on the floor ment. While I supported the language Mr. of the Senate last June, ‘‘in typical At the outset, I think it is important HOEKSTRA’s amendment sought to FBI fashion, the missteps from 9/11 to thank my colleague from Pennsyl- strike, I understand many members would have been swept under the rug if vania (Mr. PLATTS). Throughout this from the intelligence-related commit- it weren’t for whistleblowers like process, Mr. PLATTS has been an un- tees and officials in the intelligence Coleen Rowley . . . it looks to me like wavering advocate for Federal employ- community have concerns which I be- she’s the only one who did anything to ees. This bill would not exist today in lieve need to be addressed before this make sure the FBI was held responsible this form if not for his steady leader- bill moves on to the Senate. for its lack of responsiveness.’’ ship. One additional concern I would like The Whistleblower Protection En- Almost immediately following the to mention is with section 13 of the hancement Act also ensures that em- 1994 changes in the Whistleblower Pro- bill. Section 13 would open a whole new ployees who work for companies that tection Act, it became clear that the area of personnel conflicts to whistle- have government contracts are pro- Federal Circuit Court of Appeals would blower protections. This new language, tected when they report waste, fraud, continue to create loopholes where no added to the bill this year, would make and abuse of taxpayer dollars. This pro- loopholes were intended and dilute pro- influencing federally funded scientific vision is especially important, consid- tections for whistleblowers Congress research a prohibited personnel prac- ering the use of private contractors by clearly intended to protect. tice by specifically identifying the dis- the United States Government has This bill we are considering today de- semination of false or misleading sci- reached an all-time high, and that velops a new regime governing whistle- entific or medical or technical infor- spending on Federal contracts has al- blower protections and offers fresh so- mation as an ‘‘abuse of an authority’’ most doubled since 2000, reaching $400 lutions to the continuing problem of that is actionable in Federal court. billion in 2006. employee retaliation. I am proud this Rather than acknowledging the nat- Private companies with government legislation would allow Federal em- ural and perfectly healthy tension that contracts are now performing some of ployees and contractor personnel to exists between science and policy- the most important work of the gov- pursue their claims in the Federal dis- making, this section would submit the ernment, including protecting civilian trict court, to be heard before a jury of ‘‘science versus ethics’’ issue to the workers in Iraq and ensuring the safety their peers, if no action is taken by the Federal courts to be litigated as a per- of American citizens in the United Merit Systems Protection Board with- sonnel issue. States. This bill will help ensure that in 180 days. Unlike many on the Democratic side employees of government contractors, Under current law, cases filed by em- of the aisle who believe only scientific who report on the abuse of taxpayer ployees who believe they have been re- findings should serve as the foundation dollars or other wrongdoing, do not taliated against for blowing a whistle for public policy and decisionmaking, I have to fear the loss of their jobs or can sometimes end up languishing be- believe science is just one cog in the other retribution. Finally, Mr. Chairman, this bill fore the MSPB for years before a final policy decisionmaking process. Science clarifies that employees who blow the decision is issued. H.R. 985 would must be balanced against factors such whistle on political interference in change the process and allow Federal as the morals of our society and the Federal scientific research and reports employees to reach resolution on this ethics of individual policymakers, as are also entitled to whistleblower pro- issue one way or the other. well as countless other policy consider- tections. It is essential that we have I am disappointed, however, the ations. As I have said before, I don’t be- the best and most accurate scientific Rules Committee did not make in order lieve we should turn the tension be- research and information that is pos- my amendment to remove from the bill tween science and policymaking into a sible. language which would provide for an personnel matter that gets litigated by Americans trust that their tax ‘‘all circuits’’ review of whistleblower the courts. money is funding thorough and ade- claims. In closing, I believe the underlying quate scientific studies that are free My amendment would have tried to legislation makes a number of impor- from political interference or manipu- maintain the uniformity in the consid- tant positive contributions to Federal lation. As lawmakers, we also depend eration of whistleblower cases in the whistleblower policy, and I support on accurate and unbiased scientific in- Federal courts by keeping in place the this bill. formation to make policy decisions current requirement that all whistle- While I believe we can still make a that will impact the lives and futures blower appeals go through the United few refinements to the bill to make it of American families. States Court of Appeals for the Federal better, I applaud Mr. PLATTS’ and Mr. Protecting government researchers Circuit, rather than opening up appeals WAXMAN’s efforts to move this bill for- who report actions or policies that to all circuits. ward. compromise the accuracy and integrity Without my amendment, Federal em- Mr. Chairman, I reserve the balance of Federal science is critical to ensur- ployee whistleblowers could end up of our time. ing the public and the lawmakers are possessing a different set of rights and Mr. BRALEY of Iowa. Mr. Chairman, able to make wise and informed deci- protections based on where they file I yield 5 minutes to the chairman of sions that affect our lives now and will their claim. For example, a Border Pa- the committee, Mr. WAXMAN of Cali- have repercussions far into the future. trol agent in Texas could be protected fornia. I would like to thank Chairman WAX- by a different set of whistleblower pro- Mr. WAXMAN. I thank the gen- MAN and Ranking Member DAVIS for tections than a Border Patrol agent in tleman from Iowa for yielding me the their work on this bill in the Com- Maine. time and for managing this bill. He has mittee on Oversight and Government I think the underlying legislation al- played a very important role in the Reform. ready provides sufficient reforms to the committee in the formulation of this Again, I strongly urge my colleagues whistleblower protection laws by revis- legislation and is far more knowledge- to support the passage of the Whistle- ing the statute under which the Fed- able than many of us because he has blower Enhancement Protection Act eral Circuit reviews whistleblower had experience in bringing whistle- today. claims. Going further in this legisla- blower lawsuits as an attorney. Mr. Chairman, I reserve the balance tion, removing the requirement that Mr. Chairman, this bill that we are of my time. all appeals must go through one Fed- considering at this time would

VerDate Aug 31 2005 02:51 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.054 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2519 strengthen one of our most important worry about it, torch the truck. They ceive the whistleblower protections granted weapons against waste, fraud and will just go and buy another one. After under the bill. Additionally, you have agreed abuse, and that is Federal whistle- all, these were cost-plus contracts. to include report language to accompany Well, this abuse was so wanton that Section 10 of the bill to ensure Department blower protections. Protecting whistle- of Homeland Security employees who work blowers is a key component of govern- one of the truck drivers finally blew on intelligence and information-sharing ment accountability. the whistle. But rather than being pro- matters are covered by the ‘‘National Secu- Federal employees are on the inside. tected for speaking out for the Amer- rity Whistleblower Rights’’ granted under They can see where there is waste ican taxpayer, he was fired. that section. going on or if there is corruption going Finally, passage of this bill would Our agreement not to hold a markup is on. They can see the signals of incom- stop this kind of intimidation. This also conditioned upon our mutual understanding that our decision to waive further petent management, and what we want legislation includes an important provision that will help check the growing consideration does not, in any way, reduce or is to enable them to let us know, those otherwise affect the jurisdiction of the Com- of us in Congress, about these kinds of problem of political interference with mittee on Homeland Security over provi- problems. So this bill would give them science. It gives explicit provisions to sions of the bill. Additionally, you have the protections to come forward and, in protect the Federal employee who re- agreed to support the request of the Com- effect, blow the whistle on what they ports instances where Federal sci- mittee on Homeland Security to have its know is going on and is not right to be entific research is suppressed or dis- members named as conferees in the event of a conference with the Senate on this bill. continued. torted for political reasons. Don’t buy the argument that this I ask that you please include in the Con- But I want to emphasize that one of gressional Record during consideration on the most important provisions of H.R. should be struck. We ought to protect the floor, a copy of this letter and a copy of 985 protects national security whistle- scientists from those that would try to your response acknowledging the Committee blowers. suppress or distort their scientific on Homeland Security’s jurisdictional inter- work. est in this bill and indicating your support of b 1445 The bill is bipartisan. It was cospon- our agreement expressed in this letter. It is impossible to overstate how es- sored by Ranking Member and former Sincerely, sential this provision will be. Now, Chairman TOM DAVIS of the Oversight BENNIE G. THOMPSON, there may be an attempt to try to Committee and former subcommittee Chairman. Chair TODD PLATTS. It passed unani- strike this provision, and I want to HOUSE OF REPRESENTATIVES, make clear to my colleagues why they mously last month by the Committee COMMITTEE ON OVERSIGHT AND should not be misled into voting for on Oversight and Government Reform. GOVERNMENT REFORM, such a motion. It is carefully crafted legislation that Washington, DC, March 13, 2007. There are a lot of Federal officials protects both our national security and The Hon. BENNIE G. THOMPSON, who knew the intelligence on Iraq was the interests of the American taxpayer, Chairman, House Committee on Homeland Secu- wrong. Officials in the CIA and the and I urge its adoption. rity, State Department knew that Iraq did Mr. Chairman, I am including with my state- Washington, DC. ment copies of letters between my Committee, DEAR CHAIRMAN THOMPSON, I am writing not try to import uranium from Niger. regarding your Committee’s jurisdictional Officials in the Energy Department Oversight and Government Reform, and the interest in H.R. 985, the Whistleblower Pro- knew the aluminum tubes were not Committee on Homeland Security regarding tection Enhancement Act of 2007. I appre- suitable for nuclear centrifuges. Other jurisdiction. ciate your cooperation in waiving consider- officials knew the information from HOUSE OF REPRESENTATIVES, ation of the bill by the Committee on Home- ‘‘Curveball,’’ the so-called informant COMMITTEE ON HOMELAND SECURITY, land Security in order to allow consideration Washington, DC, March 14, 2007. of the legislation on the House floor later that turned out to be inaccurate, but this week. the information that he was spreading Hon. HENRY WAXMAN, Chairman, Oversight and Government Reform I recognize that your Committee has a about so-called mobile weapons labs Committee, Washington, DC. valid jurisdictional interest in section 12 of were completely bogus. DEAR HENRY: I am writing you considering H.R. 985, as ordered reported by the Com- But none of these officials would the jurisdictional interest of the Commttee mittee on Oversight and Government Re- come forward. In fact, none of them on Homeland Security in H.R. 985, the form. Your decision to forego a markup could come forward to Congress and ‘‘Whistleblower Protection Enhancement should not prejudice the Committee on Act of 2007.’’ Section 12 of this legislation Homeland Security with respect to its juris- share their doubts. If they did, they dictional prerogatives on this or similar leg- could have been stripped of their secu- provides whistleblower protections to Trans- portation Security Administration (TSA) islation. I will support your request for an rity clearances, or they could have employees. Under House Rule X, the Com- appropriate number of conferees should there been fired. mittee on Homeland Security has jurisdic- be a House-Senate conference on this or And we all know what the result has tion over the ‘‘[t]ransportation security ac- similar legislation. been. Nobody blew the whistle on the tivities’’ of the Department of Homeland Se- I have included report language at your re- phony intelligence that got us into the curity and ‘‘[o]rganization and administra- quest that states that under the bill, Trans- portation Security Administration workers Iraq war. tion of the Department of Homeland Secu- rity.’’ As a result, the Committee on Home- can report dangers to public health and safe- It is imperative that national secu- ty, including those regarding or relating rity employees be protected against land Security has a jurisdiction interest in section 12 of the bill. Moreover, the Com- solely to homeland or national security. retribution so they will not be afraid to mittee on Homeland Security received a se- Also, the report states that the national se- report national security abuses to quential referral of a nearly identical bill, curity whistle blower section of the bill pro- Members of Congress. When the intel- H.R. 1317, the Federal Employee Protection vides whistleblower rights to those individ- ligence is wrong, the consequences for of Disclosures Act, legislation that was in- uals whose job functions make them eligible our Nation can be immense. troduced by Rep. Todd Platts (R–PA) in the for the protections of this section even 109th Congress. Although the Committee on though their agencies are not specified, such H.R. 985 also extends whistleblower as intelligence analysts and information protections to employees of Federal Homeland Security has sought a sequential referral of H.R. 985, the Committee agrees to sharing employees with access to classified contractors. Every year, Federal con- information within the Department of Home- tractors do more and more of the gov- discharge the legislation in the interest of clearing this measure as expeditiously as land Security’s Office of Intelligence and ernment’s work. In 2005, nearly 40 cents possible for consideration in the House. Analysis. of every Federal dollar, outside of the As a condition to our agreement to forgo a Finally, I will include a copy of your letter entitlements, went to private compa- markup of this legislation, you have agreed and this response in the Congressional Record when the legislation is considered by nies. We need to encourage the employ- to include report language to accompany the bill that clarifies the congressional intent the House. ees of these private companies to re- Thank you for your assistance. behind that the term ‘‘public safety’’ in 5 port wasteful spending. Sincerely, U.S.C. 2302 (b)(1),(8), and (9), as amended by We heard testimony in our Oversight HENRY A. WAXMAN, H.R. 985, is meant to cover ‘‘national secu- Chairman. Committee about a Halliburton truck rity’’ and ‘‘homeland security.’’ This clari- driver, not just one but many of them, fication will ensure that TSA employees who Mr. PLATTS. Mr. Chairman, I yield 4 who were told, if they had a flat tire or report security risk, in addition to safety minutes to the gentleman from Michi- some mechanical problem, not to risks or mismanagement issues, will still re- gan (Mr. HOEKSTRA), the distinguished

VerDate Aug 31 2005 04:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.055 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2520 CONGRESSIONAL RECORD — HOUSE March 14, 2007 ranking member of the House Perma- privilege precisely because they under- The statute states as follows: ‘‘The nent Select Committee on Intelligence. stood that such a Hobson’s choice is right of employees, individually or col- Mr. HOEKSTRA. Mr. Chairman, I ap- fundamentally improper and unfair and lectively, to petition the Congress or a preciate the efforts to enhance protec- could harm national security interests. Member of Congress or to furnish infor- tion for whistleblowers in the intel- The current law works to screen frivo- mation to either House of Congress or ligence community, a goal that I lous whistleblower claims and recog- to a committee or Member thereof may wholeheartedly endorse. It is impor- nizes that our national security inter- not be interfered with or denied.’’ tant that personnel within the intel- est should not be managed by lawsuit. The statute’s language was inten- ligence community have appropriate Those considerations must continue to tionally drafted to be broad because opportunities to bring matters to Con- be protected. Congress recognized in 1912, as we rec- gress so long as the mechanisms to do I agree very strongly with the prin- ognize today, the compelling need for so safeguard highly sensitive classified ciple that intelligence community Federal employees to exercise their information and programs. The bill be- whistleblowers should be protected rights to free speech. fore us raises significant issues in from reprisal, and would look forward But the law clearly does not go far doing so that need more considered re- to working with the Oversight and enough. Consider the case of FBI Spe- view. Government Reform Committee to ac- cial Agent Bassem Youssef. According As chairman of the Permanent Select complish this goal. However, until to a Washington Post article from July Committee on Intelligence during the those changes are made, and those 18, 2006, an internal investigation con- last Congress, I learned firsthand from issues are addressed, I would encourage ducted by the United States Justice whistleblowers about intelligence pro- my colleagues to vote ‘‘no’’ on this bill. Department concluded that Youssef, grams that the administration had not Mr. BRALEY of Iowa. Mr. Chairman, the FBI’s highest ranking Arabic reported to the Intelligence Commit- I yield 4 minutes to my distinguished speaker, was blocked from a counter- tees, despite its statutory duty to keep colleague from Maryland, Mr. terrorism assignment in 2002 after he us fully and currently informed. I com- CUMMINGS. had met with U.S. Representative Mr. CUMMINGS. Mr. Chairman, I municated my strong concerns directly WOLF and met with FBI Director to the President. I would vigorously de- rise in support of the Whistleblower Mueller to discuss Youssef’s com- fend the individuals who provided me Protection Enhancement Act of 2007, plaints with regards to the way the war which I have cosponsored. with this important information from on terror was being conducted. To say the least, this administration even the slightest reprisal. Mueller had approved a transfer for has not prioritized openness in govern- So I strongly support the underlying Youssef just days before the meeting, ment, and I was not surprised to learn intention of the provisions of the bill but it never occurred and Youssef was that the President is opposed to the intended to protect the intelligence never informed of Mueller’s decision, Whistleblower Protection Enhance- community. Unfortunately, however, according to the report. ment Act. that part of the bill was not coordi- I am similarly not surprised to learn Investigators also said that the FBI nated with HPSCI, and it suffers from that the President and many of his col- has provided no rationale or basis for a number of problems that I believe leagues here in the Congress have its failure to promote Youssef, al- need to be fixed. threatened that by affording our Fed- though one former senior FBI manager First, the bill would conflict with the eral employees whistleblower protec- said Mueller was appalled that Youssef provisions of the existing Intelligence tions, we are also threatening national had complained to a Congressman Community Whistleblower Protection security. This administration has con- about his treatment. Act of 1998, which has already provided sistently used security threats to Because of this retaliation, we lost 4 specific mechanisms to permit whistle- strike fear into the public’s conscious- years of expertise for the war on terror blowers to come to Congress, while si- ness. from a highly qualified Arab American multaneously protecting sensitive na- But let me be clear: Claims that the agent. Once the FBI’s top Arabic trans- tional security information from unau- legislation we are considering here lator, Youssef is now simply processing thorized disclosure to persons not enti- today would threaten national security documents. tled to receive it. are baseless. If anything, the opposite Under current law, Youssef cannot Second, the bill violates the rules of is true. pursue legal action for the retaliation. the House by encouraging intelligence As a member of the House Armed The Whistleblower Protection En- community personnel to report highly Services Committee, I know how vi- hancement Act of 2007 would rectify sensitive intelligence matters to com- tally important it is for Federal offi- this situation. mittees other than the Intelligence cials to be able to share their knowl- Congress has a mandate to oversee Committees, which were created to edge and their firsthand experience the functions of the executive branch solely and appropriately deal with and with the Congress. We now know that, to ensure that government runs as ef- safeguard information regarding sen- going into the Iraq war, Federal offi- fectively and efficiently as possible, sitive intelligence programs. cials at the CIA and the State Depart- but we cannot fulfill this mandate if we This is simply not a jurisdictional ment were aware that the pre-war in- cannot get reliable information, and we issue. The real issue is one of pro- telligence about Iraq purporting to cannot get that information if people tecting highly classified intelligence show that the nation had weapons of must put their lives and careers on the programs and ensuring that any over- mass destruction was wrong. line. sight is conducted by Members and Thousands of Americans and Iraqi Mr. PLATTS. Mr. Chairman, I yield staff with the appropriate experiences, lives and billions of American taxpayer myself as much time as I may con- expertise, and clearances. Our intel- dollars could have been saved if these sume. ligence oversight should be conducted individuals had been able to share their Mr. Chairman, H.R. 985, the Whistle- to determine how best to enhance our knowledge with a Congress willing to blower Protection Enhancement Act, is national security, protect civil lib- listen to them and protect them from a bipartisan bill which seeks to restore erties, and not to get press coverage. retribution. But, lacking whistleblower protections for civil servants who re- Third, this bill would make every protections, they were afraid to do so. port illegalities, gross mismanagement claim of a self-described whistleblower, Recognizing the critical need for and waste, and substantial and specific whether meritorious or not, subject to Federal employees to communicate dangers to the public health and safe- extended and protracted litigation. It openly with the legislative branch, ty. would also substantially alter the ap- Congress in 1912 enacted the Lloyd- H.R. 985 contains many of the provi- plication of the judicially established LaFollette Act. And that act, which sions of legislation which I introduced state secrets privilege in those cases, has never been repealed, by the way, during the 109th Congress, H.R. 1317. It forcing the government to choose be- affords all Federal employees, includ- represents consensus language crafted tween revealing sensitive national se- ing employees at the national security through bipartisan negotiations among curity information to defend itself or agencies, the right to contact Members myself, Chairman WAXMAN, Ranking losing in court. Judges recognized the of Congress. Member DAVIS, Representative VAN

VerDate Aug 31 2005 02:51 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.080 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2521 HOLLEN, as well as the majority and sible to refute.’’ In other words, the Mr. PLATTS. Mr. Chairman, does the minority staffs of the Oversight and agency pretty much has to admit to gentleman from Iowa have any addi- Government Reform Committee, and the waste, fraud, or abuse. tional speakers? interested stakeholders groups such as H.R. 985 would clarify congressional Mr. BRALEY of Iowa. Yes. the Government Accountability intent that any whistleblower disclo- Mr. PLATTS. Mr. Chairman, I will Project. I certainly would like to sure includes disclosures ‘‘without re- then continue to reserve the balance of thank all who have been involved in striction to time, place, form, motive, my time. this process. context, or prior disclosure made to Mr. BRALEY of Iowa. Mr. Chairman, To provide context for the legislation any person by an employee or appli- I yield 31⁄2 minutes to the distinguished we are considering today, it is impor- cant, including a disclosure made in gentlewoman from Texas (Ms. JACK- tant to review the legislative history the ordinary course of the employee’s SON-LEE). in the area of whistleblower protec- duties.’’ In addition, H.R. 985 would end Ms. JACKSON-LEE of Texas. Mr. tions for Federal employees. any uncertainty about the irrefragable Chairman, I thank the distinguished As a result of finding that the civil proof standard, making it clear that gentleman for his leadership, and I service protections of the time were in- the ‘‘substantial evidence standard’’ thank all of the cosponsors that have adequate, Congress, in the first Bush applies to all five categories for legally brought this legislation, H.R. 985, to the floor, Representatives HENRY WAX- administration, enacted into law the protected whistleblowing disclosures. MAN, TODD PLATTS, CHRIS VAN HOLLEN, Whistleblower Protection Act, WPA, of Appellate courts could not impose ad- and THOMAS DAVIS, and certainly a 1989, which expressly stated that ‘‘any ditional burdens for a particular cat- number of the total of 29 cosponsors, protected disclosure of waste, fraud egory, as I understand occurred in the and the fact that this committee voted and abuse by a Federal employee is case of White v. Department of Air the whistleblower protection out covered by the law.’’ Force with respect to ‘‘gross mis- unanimously. Unfortunately, as interpreted by the management.’’ We who are members of the Home- Merit Systems Protection Board and Other provisions within H.R. 985 land Security Committee, along with the Federal circuit court, loopholes which are either identical or similar to Chairman THOMPSON, and I know we began to develop in the WPA. Accord- provisions within previous versions of have been working on this with the ingly, Congress strengthened the law in this legislation include: ranking member as well, stand in sup- 1994. Allowing employees the option to port of this legislation. I know that we It is noteworthy that the report ac- have their claims decided in Federal will be yielded time shortly, but I am companying the WPA Amendments of District Court if the Merit Systems delighted to be able to share my 1994 expressed great frustration with Protection Board does not act on a thoughts on the importance of H.R. 985, the way the WPA was being inter- claim within 180 days; which would extend whistleblower pro- preted. According to the report, it Ending the monopoly jurisdiction of tection to Federal workers who spe- states, ‘‘Perhaps the most troubling the United States Court of Appeals for cialize in national security issues. It precedents involved the Board’s inabil- the Federal Circuit over appeals under would also ensure that employees who ity to understand that ’any’ means the Whistleblower Protection Act; work for companies with government ’any.’ The WPA protects any disclosure Conducting a GAO study on the rev- contracts are protected when they re- evidencing a reasonable belief of speci- ocation of security clearances in retal- port waste, fraud, and abuse of U.S. fied misconduct, a cornerstone to iation for whistleblowing; taxpayer dollars. which the MSPD remains blind. Extending whistleblower protections Protecting scientific whistleblowers, to the Transportation Security Admin- b 1500 this legislation would extend whistle- istration baggage screeners; blower protection to Federal employ- ‘‘The only restrictions are for classi- Enhancing whistleblower protections ees who disclose actions related to the fied information or material, the re- for employees of government contrac- validity of federally funded scientific lease of which is specifically prohibited tors; research and analysts. Many of us rec- by statute. Employees must disclose Codifying an anti-gag rule that was ognize and remember the Los Alamos that type of information through con- first included in the Treasury Appro- incident of a couple years ago still was fidential channels to maintain protec- priations bill for 1988 and every year never, if you will, explored and never tion. Otherwise, there are no excep- thereafter; and, settled. tions.’’ Continuing protections for whistle- This also would override several Unfortunately, we are once again blowers who were subjected to prohib- court and administrative decisions largely back to where we started. Since ited personnel actions prior to their that undermine existing whistleblower the 1994 amendments, 177 whistleblower agency or unit being exempted from protection, provide whistleblower ac- cases have come before the Federal Cir- the WPA. cess to Federal District Courts if the cuit Court; however, only two whistle- In conclusion, I would like to once Merit Systems Protection Board or the blowers have prevailed. Among the rea- again thank each of the parties who Inspector General does not take action sons are a number of decisions which have been involved in the ongoing de- on their claims within 180 days. have continued to create exceptions to velopment of this critically important This is good news to the Homeland the law, including decisions stating legislation. I would also like to thank Security Department and particularly that an employee is not protected by those courageous citizens who have the transportation security officers. the WPA if the employee directs criti- blown the whistle on waste, fraud, and Contrary to assertions by the oppo- cism to other witnesses or a supervisor abuse in the Federal Government. If we nents of the bill, TSOs do not have any in an attempt to start the process of truly want to eliminate waste, fraud, meaningful whistleblower rights. The challenging misconduct, or the infor- and gross mismanagement throughout truth is, TSOs do not enjoy full whis- mation disclosed was done in the the Federal Government, then we need tleblower protection; specifically, course of the employee’s ordinary job to empower and protect our Federal transportation security officers enjoy duties, or the information disclosed has employees who are on the front lines of little more than minimal whistle- already been raised by someone else. government operations and best posi- blower protections deriving from a In addition, the Federal Circuit tioned to witness this waste, fraud, and memorandum of understanding entered Court has stated in one case that: For gross mismanagement. This legislation into when the TSA was still part of the a Federal employee to reasonably be- provides such empowerment and pro- Department of Transportation. Under lieve there is evidence of waste, fraud, tection. I urge a ‘‘yes’’ vote. the MOU, screeners can only bring a and abuse, as required by the law, he or Mr. Chairman, I reserve the balance claim to the office of a special counsel; she must overcome with irrefragable of my time. they do not have the right of appeal or proof the presumption that the agency Mr. BRALEY of Iowa. Mr. Chairman, to seek independent review by another was acting in good faith. I thank the gentleman for his insight- agency or court. This is an unheard of legal standard, ful comments, and I reserve the bal- It is important to note that in 2004 defined in the dictionary as ‘‘impos- ance of my time. the Merit Systems Protection Board

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Department Homeland Security Act does not provide TSA ees who have undergone extensive of Homeland Security, that the Home- screeners the right to bring a claim before the background investigations, obtained land Security Act does not provide MSPB, even though such rights were enjoyed security clearances, and handled classi- TSA screeners the right to bring a by all other Department employees. fied information on a routine basis. claim before the MSPB, even though Thus, as you can see Mr. Chairman, TSOs Our government has concluded that such rights were enjoyed by all other are treated differently than other Department they can be trusted to work on the department employees. of Homeland Security personnel—including most sensitive law enforcement and in- This is crucial. I have been working fellow employees within TSA. telligence projects, yet these officials on this issue for quite a while. The No This bill allows a whistleblower to seek relief receive no protection when they come Fear Act, which indicated or had to do in federal circuit court, if his or her claim has forward to identify abuses that are un- with discrimination against workers at not been acted upon within 6 months. In addi- dermining our national security ef- the Environmental Protection Agency, tion, H.R. 985 permits the whistleblower to forts.’’ generated, even though it is a bill on bring an appeal on their case to any federal I think the report language well discrimination of Federal employees circuit court of appeals having in personam ju- states the case for this bill and the im- that generated from whistleblower em- risdiction, not just the Court of Appeals for the portance of us adopting this legislation ployees at the Environmental Protec- Federal Circuit as is the case under current and moving the process forward. tion Agency that didn’t have the nec- law. Mr. Chairman, I reserve the balance essary protection to talk about issues I am also pleased that this bill provides the of my time. that dealt with regular issues of re- same rights to the Department’s Office of In- Mr. BRALEY of Iowa. Mr. Chairman, search, but also on the issue of secu- telligence and Analysis employees as it does I yield 2 minutes to the distinguished rity. Let me quickly say that the EPA to intelligence employees in other agencies. I gentleman from Illinois (Mr. DAVIS). had a similar problem where it also do not have to tell you, Mr. Chairman, that (Mr. DAVIS of Illinois asked and was faced no protection of those employees, whistleblowers in the intelligence community given permission to revise and extend and the No Fear Act came out of that must be careful when they disclose certain in- his remarks.) which had to do with racial discrimina- formation. Mr. DAVIS of Illinois. Mr. Chairman, tion against Federal employees. H.R. 985 set forth procedures which enable I rise in strong support of H.R. 985, and But NASA, for example, legislation whistleblowers to assert their claims, while at I do so for a number of reasons. We all that I wrote dealing with the Inter- the same time adequately protecting any sen- know that there are individuals who national Space Station to give protec- sitive or classified information involved with would love to simply be forthcoming tion to NASA employees to save lives such claims. with information. All of us have been and also to protect them in case of Mr. Chairman, I note that H.R. 1, which places, all of us have worked places, all issues that they were dealing with re- passed the House in January, seeks to im- of us have known things, and we have lating to national security. prove the poor morale problem at TSA by giv- all wanted to operate free and uninhib- All employees should feel free to tell ing TSO employees whistleblower and collec- ited. But unless individuals have the the truth. All employees should be pro- tive bargaining rights. These collective bar- absolute protection, in many instances, tected, particularly Federal employees, gaining rights are comparable to other law en- of knowing that whatever it is that particularly in this time in the back- forcement officers and others within the De- they would reveal that when they come drop of 9/11. Tell the truth, be pro- partment, such as the Border Patrol, Customs forth that nobody can use that against tected, and the whistleblower protec- and Border Protection Officers. them, because they also have concerns tion will allow us to run this country Mr. Chairman, as a senior member of the of their own relative to being able to in the right way, save lives, and have Homeland Security Committee and chair of maintain the job that they have got to employees that are Federal Govern- the Subcommittee on Transportation Security take care of the security needs of their ment employees gives us the fact so we and Infrastructure Protection, I am proud to family. can do the right thing. Support H.R. support H.R. 985. This bill will help the federal Whistleblower protection could have 985. government keep make America safer and been used more effectively even as we Mr. Chairman, I rise today in strong support more secure by encouraging and protecting debated the issue of Iraq, as we made of H.R. 985, the ‘‘Whistleblower Protection En- employees who come forward to report waste, decisions based upon intelligence that hancement Act of 2007,’’ which extends whis- fraud, wrongdoing, or abuse of vital and lim- supposedly we had but intelligence tleblower protections to federal employees and ited government resources. I urge all members that obviously we did not have. contractors working in the area of national se- to join me in voting for this important legisla- Whistleblower protection becomes curity and intelligence, including screeners at tion. very effective in helping to root out the Transportation Security Administration Mr. PLATTS. Mr. Chairman, I yield waste, fraud, and abuse. Some of the (TSA). myself such time as I may consume. hearings that I have sat in on where we Mr. Chairman, there is a tremendous need In the report language from the Com- have discussed how we made use of our to protect our best sources for identifying mittee on Oversight and Government contracting resources in Iraq, for ex- waste fraud and abuse—federal workers and Reform, there is a well-stated argu- ample, makes one wonder if we were contractors. H.R. 985 treats Transportation ment about the importance of this leg- just giving away the valuable resources Security Officers (TSOs), sometimes called islation, why we need it, and why we of the American people. ‘‘screeners,’’ the same as all other Department need it for national security employees So this legislation not only protects employees by giving them full whistleblower as well. The report reads as follows: the taxpayers’ money, but it also pro- protections, which TSOs currently do not ‘‘A key component of government ac- tects our troops, our soldiers, those have. countability is whistleblower protec- who are in danger oftentimes because Mr. Chairman, contrary to assertions by option. Federal employees are on the inaccurate information has not been de- ponents of the bill, TSOs do not have any side. They can see when taxpayer dol- ployed. Mr. Chairman, I urge passage of meaningful whistleblower rights. The truth is lars are wasted and are often the first 985. TSOs do not enjoy full whistleblower protec- to see the signals of corrupt or incom- Mr. PLATTS. Mr. Chairman, I con- tions. Specifically, TSOs enjoy little more than petent management. tinue to reserve the balance of my minimal whistleblower protections deriving ‘‘Unfortunately, whistleblowers too time. from a Memorandum of Understanding (MOU) often receive retaliation rather than Mr. BRALEY of Iowa. Mr. Chairman, entered into when TSA was still part of the recognition for their courage. They I yield myself such time as I may con- Department of Transportation. need adequate protections so they are sume. Under this MOU, screeners can only bring a not deterred from stepping forward to Mr. Chairman, I see some of my dis- claim to the Office of Special Counsel; they do blow the whistle. tinguished colleagues here today, spe- not have a right of appeal or to seek inde- ‘‘There are many Federal Govern- cifically Ranking Member DAVIS, Con- pendent review by another agency or court. ment workers who deserve whistle- gressman SHAYS. And to prepare for Mr. Chairman, in 2004, the Merit Systems blower protection, but perhaps none this debate today, Mr. Chairman, I Protection Board (MSPB) ruled in Schott v. more than national security officials. watched a movie, ‘‘The Insider,’’ last Department of Homeland Security, that the These are Federal Government employ- night, because it was a classic example

VerDate Aug 31 2005 04:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.059 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2523 of why we need whistleblower protec- tor or who work for Federal contrac- I want to just add a few more names tion in this country. The sight of those tors. This is a critical provision. Under to the record, in the remaining time seven tobacco company CEOs standing current law, national security employ- that I have available, of courageous before the committee on which I am ees have next to no protection if they whistleblowers. These are not hypo- proud to serve, raising their hands and are retaliated against for reporting thetical situations we are talking swearing that tobacco and nicotine is waste or corruption. This is an ex- about. not addictive, and the compelling per- tremely dangerous situation. If corrup- One of them, Richard Levernier, was sonal story of Jeffrey Weigand and the tion or abuse of power is happening in employed at the Department of Energy struggle he and his family went our intelligence and security agencies, for 22 years and was in charge of test- through are why we need to support it should be a concern for all Ameri- ing security at U.S. nuclear weapons this bill today. cans. Employees who report abuses in facilities. Working through normal One of the reasons why we are here these sectors are doing a service to our DOE channels, he tried for years to get today is because of the compelling sto- national security. I am glad to see that his superiors to address security weak- ries of dozens of national security this bill would finally protect them. nesses that might allow terrorists to whistleblowers from multiple Federal I am also pleased to see protections successfully assemble and detonate a agencies who have provided sobering strengthened for Federal contractors. nuclear device at one of the facilities. and exhaustive stories about retalia- The growth of contracting under the But his superiors declined to acknowl- tion and retribution for speaking the current administration has been astro- edge that vulnerabilities existed. truth. nomical. Under President Bush the When he faxed two unclassified In- b 1515 Federal Government is now spending spector General reports to the press, nearly 40 cents of every discretionary DOE suspended his security clearance. These accounts have been well docu- dollar on contracts with private com- At the time he was 2 years away from mented before the committees of this panies, a record level. Much of this retirement and eligible for a full pen- House. money has been spent without any Michael German was a highly re- sion. After he filed a lawsuit against kind of oversight that would apply DOE for unjust termination, the Office garded FBI agent working on domestic within a Federal agency. terrorism cases for 16 years before quit- of Special Counsel conducted an inves- Protection for whistleblowers in the tigation and concluded that the harass- ting in frustration in 2004. His whistle- contracting sector is key for improving blowing concerned a case that, accord- ment against Levernier constituted a congressional oversight and bringing systematically illegal reprisal. The ing to NBC’s Dateline, ‘‘involved a po- potential waste and mismanagement tential nightmare scenario: meetings OSC also found a substantial likelihood under control. that his underlying charges were cor- between a home-grown militia-type Let me be clear. This bill doesn’t just rect. terrorism organization and an Islamic protect whistleblowers. It protects all fundamentalist group during which Another brave individual, Russell Americans. Tice, a former intelligence agent at the they discussed possible cooperation.’’ As chairman of the Oversight and In- National Security Agency, worked for Mr. German alleges that the FBI vestigations Subcommittee of the En- 20 years in special access programs fumbled the case and then, after he ergy and Commerce Committee, I know blew the whistle, falsified records in that every congressional investigation known as ‘‘black world programs and order to cover its mistakes. He re- relies on the willingness of individual operations.’’ He had his security clear- ported his concerns to his superiors witnesses to speak up about what they ance revoked in May, 2005, after alert- and reportedly faced retaliation for have seen. These individuals risk their ing his superiors of suspicious activity doing so, though a Department of Jus- careers and their reputations to expose by a coworker. NSA later dismissed tice Inspector General report substan- instances of corruption, waste, and him after he raised questions about the tiated many of his claims. abuse within our government. We owe legality of some NSA ‘‘black world’’ Mr. Chairman, I reserve the balance them a debt of gratitude for their cour- programs, including the eavesdropping of my time. age. This bill is an important step to- by the Defense Department and the Mr. PLATTS. Mr. Chairman, I rewards making sure that those individ- NSA on American citizens. Mr. Tice serve the balance of my time. uals have the protection they deserve. wanted to talk to Congress about what Mr. BRALEY of Iowa. Mr. Chairman, Mr. PLATTS. Mr. Chairman, I yield he feels are further abuses by the NSA, I yield 3 minutes to the distinguished myself such time as I may consume. but has not been allowed to do so. gentleman from Michigan (Mr. STU- Mr. Chairman, I would just like to Specialist Samuel J. Provance’s unit PAK). again thank my colleagues who have in Iraq was instructed to interrogate Mr. STUPAK. Mr. Chairman, I thank worked on this and give special thanks detainees in a way that he thought was the gentleman for yielding, allowing to the staff of the majority and minor- immoral and inappropriate, and he told me an opportunity to speak about this ity sides of the Oversight and Govern- his superiors. Instead of investigating issue here before us. ment Reform Committee both this ses- his claims, his superiors demoted him. I want to thank Mr. WAXMAN and the sion and for the last two sessions that And, finally, Lieutenant Colonel An- committee for reporting an excellent I have been involved in this issue. We thony Shaffer was demoted and his se- bill. The Whistleblower Protection En- certainly wouldn’t be here today with- curity clearance stripped after he made hancement Act is a long overdue piece out the tremendous work of the staff as protected disclosures to the 9/11 Com- of legislation that will go a long way well as the leadership of then-Chair- mission about Able Danger, a pre-9/11 towards correcting some of the abuses man DAVIS, now-Ranking Member operation for combating al Qaeda, and of the past and updating the whistle- DAVIS, and current Chairman WAXMAN. explained that there were DOD and blower protection system to face the So I appreciate everyone’s participa- DIA failures regarding 9/11. challenges of the present. tion in moving this very important This is not a hypothetical problem. For too long protections passed by issue forward. Federal whistleblowers are being si- Congress for good-faith whistleblowers This truly is about doing right by our lenced, and instances of waste, fraud, have been chipped away by executive courageous Federal employees who are and abuse are not being exposed. That agencies and the courts. Court deci- willing to come forward when they see is why I call on all my colleagues to sions have limited the scope of whistle- wrong and do right on behalf of their support this bill. blower protections in a way that be- fellow citizens. Mr. Chairman, I yield back the bal- trays the spirit of the original law. Mr. Chairman, I yield back the balance of my time. This bill will clarify the rights of whis- ance of my time. The Acting CHAIRMAN (Mr. ROSS). tleblowers, including the right to a Mr. BRALEY of Iowa. Mr. Chairman, The gentleman from Pennsylvania (Mr. prompt court proceeding if their em- I yield myself such time as I may con- CARNEY) and the gentleman from Con- ployer challenges their right to the sume. necticut (Mr. SHAYS) each will control protection. I also want to thank my colleagues 10 minutes. The bill also protects whistleblowers for the bipartisan spirit of support for The Chair recognizes the gentleman who work in the national security sec- this bill. from Pennsylvania.

VerDate Aug 31 2005 02:51 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.060 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2524 CONGRESSIONAL RECORD — HOUSE March 14, 2007 Mr. CARNEY. Mr. Chairman, I yield whistleblowers in the intelligence com- sistent regulations and procedures that myself such time as I may consume. munity must be careful when they dis- too often afford them far less process Mr. Chairman, I would like to com- close certain information. This bill than is due. mend Chairman WAXMAN, Chairman helps govern how these intelligence-re- The legislation before us today takes THOMPSON, and others for their work lated employees bring their claims the important step of creating a proce- on this long overdue and sorely needed while also adequately protecting any dure for whistleblowers handling sen- bill. sensitive or classified information that sitive national security information, to As chairman of the Homeland Secu- may be involved with their claims. have their claims investigated and ad- rity Subcommittee on Management, Mr. Chairman, I want to note that judicated on a timely basis. These Investigations, and Oversight, I have a H.R. 1, which passed the House in Janu- claims would be investigated by the vested interest in H.R. 985’s passage. I ary, tries to fix TSA’s poor morale agency Inspector General, as they are would like to thank Chairman THOMP- problem by giving TSOs whistleblower now, who will keep all classified infor- SON for allowing me to manage our rights and collective bargaining rights. mation secure, while providing a fair committee’s allotted time on the bill. The collective bargaining rights are and independent mechanism for inves- This bill extends whistleblower pro- comparable to other law enforcement tigation and adjudication. Should the tections to Federal employees who officers and others within the DHS, Inspector General, and we have an In- work on national security mainly in such as Border Patrol and CBP officers. spector General in each of these agen- the intelligence area and workers in Mr. Chairman, I am happy to vote for cies, not reach a timely decision, or the the Transportation Security Adminis- this bill as it not only makes America employees wish to appeal, our legisla- tration, especially screeners, as well as safer and more secure, but it also al- tion allows the appropriate Federal to Federal contractors. lows for all employees to report waste, Circuit Court to hear the case. As Chairman WAXMAN and others fraud, or abuse of our vital and limited This new approach will give these have noted, there is a tremendous need government resources. employees effective protection, while to extend whistleblower protections for Mr. Chairman, I reserve the balance at the same time ensuring sensitive Federal workers or contractors, our of my time. and classified information stays secure. best sources for shining light on waste, Mr. SHAYS. Mr. Chairman, I yield While I believe an amendment to fraud, and abuse. myself such time as I may consume. bring the Department of Homeland Se- This bill treats transportation secu- It is a pleasure to share this debate curity intelligence-related employees rity officers, or TSOs, sometimes with Congressman CARNEY and to know under the same provisions as employ- called ‘‘screeners,’’ the same as all that former Chairman DAVIS, now ees of intelligence agencies such as the other Department of Homeland Secu- ranking member, and former Ranking CIA or FBI should have been made in rity employees by giving them full Member WAXMAN, now chairman, have order, I am grateful we are finally mov- whistleblower protections, which TSOs worked so closely together. And tre- ing legislation that will allow employ- currently do not have. mendous kudos to TODD PLATTS for the ees who have faced whistleblower retal- Mr. Chairman, others will tell you work that he has done on this legisla- iation to get on with their lives. that TSOs have whistleblower rights. tion. This is a bipartisan effort for a I also believe suspension or revoca- This is debatably true on paper, but it very real reason, whistleblowers need tion of a security clearance has the has not been true in practice. this protection. same chilling effect as demotion or fir- The truth is, TSOs do not enjoy full All Federal employees are ethically ing, but clearance actions are virtually whistleblower protections. TSOs have bound to expose violations of law, cor- unreviewable. Those with whom we limited whistleblower protections that ruption, waste, and substantial danger trust the Nation’s secrets should not be come from a memorandum of under- to public health or safety. But meeting second-class citizens when it comes to standing, or MOU, that was entered that obligation to ‘‘blow the whistle’’ asserting their rights and obligations into when the TSA was still part of the on coworkers and superiors has never to speak truth to power. Employees Department of Transportation. Under ever been easy. should never face termination or har- the MOU, TSOs, transportation screen- assment for acting courageously to b 1530 ers, can only bring a claim to the Of- identify improprieties in the work- fice of Special Counsel. They do not Breaking bureaucratic ranks to place, especially when their observa- have a right of appeal or independent speak unpleasant and unwelcome tions could help improve safety or review by another agency or court. truths takes courage and risks involv- eliminate waste, abuse or fraud. In 2004, while reviewing a TSO whis- ing the wrath of those with the power Another important step this legisla- tleblower claim in the case of Schott v. and motive to shoot the messenger. tion takes is to expand whistleblower The Department of Homeland Security, Yet seldom in our history has the need protections to Transportation Security the Merit Systems Protection Board, for the whistleblower’s unfiltered voice Administration, TSA, screeners for the MSPB, ruled that the Homeland Secu- been more urgent, particularly in the first time, and that is why the Home- rity Act does not provide TSOs with realms of national security and intel- land Security Committee has been the right to MSPB review. Other DHS ligence. Extraordinary powers needed given time for this debate. TSA bag- employees enjoy the right to MSPB re- to wage war on our enemies could, if gage screeners currently do not have view. unchecked, inflict collateral damage whistleblower rights, and this bill will Thus, as you can see, Mr. Chairman, on the very rights and freedoms we extend to screeners the same protec- the TSOs are currently treated dif- fight to protect. tions that all other Department of ferently than other DHS personnel, in- The use of expansive executive au- Homeland Security employees enjoy. cluding their fellow employees within thority demands equally expansive With the full whistleblower protec- TSA. scrutiny by Congress and the public. tions of this bill, TSA workers could This bill allows a whistleblower to go One absolute essential source of infor- report violations of law, mismanage- to court if their claim has not been mation to sustain that oversight is ment, waste, abuse of authority, or acted upon within 6 months. This bill whistleblowers. dangers to public health and safety, in- permits the whistleblower to bring an But those with whom we trust the cluding those regarding or relating appeal on their case to any Federal Nation’s secrets are too often treated solely to homeland or national secu- Court of Appeals having proper juris- like second-class citizens when it rity. diction over the case, not just the comes to asserting their rights and re- The bottom line is with more power Court of Appeals for the Federal Cir- sponsibilities to speak truth to power. to the executive branch must come cuit, as the law now stands. Exempted from legal protections avail- more oversight. That is why I strongly I am also pleased that this bill pro- able to most other Federal employees support this legislation. I think that is vides the same rights to the Office of under the Merit System Protection why this legislation is strongly sup- Intelligence and Analysis employees at Board, referred to as the MSPB, na- ported on both sides of the aisle. DHS as it does to intelligence employ- tional security whistleblowers must Mr. Chairman, I reserve the balance ees in other agencies. As we know, traverse a confusing maze of incon- of my time.

VerDate Aug 31 2005 02:51 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.062 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2525 Mr. CARNEY. Mr. Chairman, I yield 4 There is much that the TSA screener accident indicated the accident may have minutes to the distinguished says as he or she watches day after day been avoided had there been in place a proc- gentlelady from the State of Texas at whether the procedures that we have ess that would foster an environment encour- (Ms. JACKSON-LEE). in place really work. In fact, I know aging employees and contractors to come for- Ms. JACKSON-LEE of Texas. Mr. there are procedures that go on at the ward with information that could avert future Chairman, I thank the distinguished screening site where it is crucial that threats to the safety of astronauts, mission gentleman for yielding. an astute, well-trained TSA employee, specialists, and other workers. Mr. Chairman, I thank Mr. CARNEY screener, can in fact be able to enhance My legislation created a NASA Safety Re- for his leadership and work, along the security of America by telling the porting Board that would rapidly screen such with, as I mentioned earlier, the chair- truth. disclosures and either report them directly to man of the full Committee on Home- I am glad Mr. CARNEY is chairing our the Administrator, or reject them as non-eligi- land Security, Mr. THOMPSON, and the Management Subcommittee, because ble—perhaps with a suggestion to seek re- ranking member. he is going to be talking about training dress through internal means, e.g., union and There is no doubt that whistleblower issues. They are crucial. This bill per- OSHA representatives, and agency ombuds- protection is intimately interwoven mits, Mr. Chairman, as I close, the men. Afterward, the Board would be tasked with the work and the issues and the whistleblower to bring an appeal on with keeping a registry of reporting workers mission and obligations of the Home- their case to any Federal Court of Ap- and with dispute resolution in the event that land Security Department and the peals having proper jurisdiction over the worker alleges retaliation by management. Homeland Security Committee, both in the case, not just a Court of Appeals Coupling the reporting and anti-retaliation the House and the other body. We have for the Federal Circuit, as the law now functions in one board would limit the scope of too often seen debacles occurring, trag- stands. That means we have real pro- the board to truly vital issues, and make work- ically, and I believe with a clean whis- tection against firing and termination ers feel confident that their concerns will not tleblower protection, where workers just because a transportation security be lost or buried in the bureaucracy of stand- are aware of their rights, we are en- officer is doing his or her job. ard whistleblower or OSHA claims. The Safety hancing the security of America. I am also pleased this bill provides Reporting Board would be comprised of both This bill in particular responds to the the same rights to the Department’s NASA managers and non-managers, with di- transportation security officers, some- Office of Intelligence and Analysis em- verse expertise, representing multiple Centers, times called screeners. As the chair- ployees as it does to intelligence em- and include an advocate for workers. woman of the Subcommittee on Trans- ployees in other agencies. As we know, Because we saw the lack of whistle blower portation Security with oversight over whistleblowers in the Intelligence protection for NASA employers as a safety our transportation security screeners, Committee must be careful when they threat to the nation’s commitment to space exit is clear that giving them full whis- disclose certain information. This bill ploration and travel, we took action to remove tleblower protection is crucial, and it helps govern how these people bring this impediment. The effort has been success- is also clear that they do not have it their claims, while also adequately ful and we are reaping the benefits to this day. now. protecting any sensitive or classified Mr. Chairman, we need to extend the bene- Others will tell you that TSOs have information that may be involved with fits of whistleblower protection from NASA to whistleblower protection rights. They such claims. other vital Government agencies and func- do not. While this may be true on Mr. Chairman, I want to note that tions. There is a tremendous need to protect paper, it is not true in practice. The H.R. 1, which passed the House in Janu- our best sources for identifying waste fraud truth is that transportation security ary, tries to fix TSA’s poor morale and abuse—Federal workers and contractors. officers do not enjoy full whistleblower problem by giving TSO whistleblower H.R. 985 treats Transportation Security Offi- protections. Specifically TSOs have rights and collective bargaining rights. cers (TSOs), sometimes called ‘‘screeners,’’ limited whistleblower protections that These collective bargaining rights are the same as all other Department employees come under a memorandum of under- comparable to other law enforcement by giving them full whistleblower protections, standing, an MOU, that was entered officers and others within the Depart- which TSOs currently do not have. into when TSA was still part of the De- ment, such as Border Patrol and oth- Mr. Chairman, contrary to assertions by op- partment of Transportation. Under the ers. ponents of the bill, TSOs do not have any MOU, TSOs can only bring a claim to I ask my colleagues to support this. meaningful whistleblower rights. The truth is the Office of Special Counsel. They do This is a new day, a fresh day for TSOs do not enjoy full whistleblower protec- not have a right of appeal or inde- homeland security in America, giving tions. Specifically, TSOs enjoy little more than pendent review by another agency or these officers the right to tell the truth minimal whistleblower protections deriving court. and do their job and protect America. from a Memorandum of Understanding (MOU) What that means, Mr. Chairman, is Mr. Chairman, I rise today in strong support entered into when TSA was still part of the they can be fired. So if a transpor- of H.R. 985, the ‘‘Whistleblower Protection En- Department of Transportation. tation security officer sees a breach at hancement Act of 2007,’’ which extends whis- Under this MOU, screeners can only bring a one of the thousands upon thousands of tleblower protections to federal employees and claim to the Office of Special Counsel; they do airports around America, they have no contractors working in the area of national se- not have a right of appeal or to seek inde- protection to protect the traveling curity and intelligence, including screeners at pendent review by another agency or court. public. the Transportation Security Administration Mr. Chairman, in 2004, the Merit Systems In 2004, while reviewing a TSO whis- (TSA). Protection Board (MSPB) ruled in Schott v. tleblower claim in the case of Schott v. Mr. Chairman, I have long been a strong Department of Homeland Security, that the The Department of Homeland Security, proponent of whistleblower protection. As a Homeland Security Act does not provide TSA the Merit System Protection Board Member of Congress from Houston, home of screeners the right to bring a claim before the ruled that the Homeland Security Act NASA’s Johnson Space Center, I have long MSPB, even though such rights were enjoyed does not provide TSOs with the right been involved in developing procedures and by all other Department employees. to MSPB review, which review rights protections to ensure that concerns affecting Thus, as you can see Mr. Chairman, TSOs are enjoyed by other department em- the public health and safety are made known are treated differently than other Department ployees. and addressed in an atmosphere free of in- of Homeland Security personnel—including Thus, as you can see, Mr. Chairman, timidation, threats, harassment, and reprisal. fellow employees within TSA. this bill is crucial to the transpor- For example, during a hearing held a few This bill allows a whistleblower to seek relief tation security officers, who are treat- years ago by the Science Committee of which in Federal circuit court, if his or her claim has ed more differently than any other De- I was a member, Admiral Gehman and rep- not been acted upon within 6 months. In addi- partment of Homeland Security per- resentatives of the Columbia Accident Inves- tion, H.R. 985 permits the whistleblower to sonnel, including their fellow employ- tigation Board explained how fear of retaliation bring an appeal on their case to any Federal ees within TSA. The bill allows a whis- by management led some engineers to with- circuit court of appeals having in personam ju- tleblower to go to court if their claim hold their concerns about the safety and well- risdiction, not just the Court of Appeals for the has not been acted upon within 6 being of NASA missions and crew. Reports re- Federal Circuit as is the case under current months. ceived after the tragic Colombia space shuttle law.

VerDate Aug 31 2005 03:26 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 9920 E:\CR\FM\K14MR7.065 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2526 CONGRESSIONAL RECORD — HOUSE March 14, 2007 I am also pleased that this bill provides the those practices conform to the Merit TSA screeners are frontline security workers same rights to the Department’s Office of In- System Protection Board practices. who perform a crucial and often grueling job telligence and Analysis employees as it does The biggest challenge was when you that requires training, experience, and pa- to intelligence employees in other agencies. I take away someone’s security clear- tience. We need workers who have mastered do not have to tell you, Mr. Chairman, that ance, it is like telling a bus driver you the job and providing whistleblower protections whistleblowers in the intelligence community don’t have a license to drive a bus. You to TSA employees is part of a broader strat- must be careful when they disclose certain in- make that whistleblower meaningless egy to ensure that these individuals will make formation. to the agency, and it is a huge dis- a career of protecting our Nation. H.R. 985 set forth procedures which enable incentive to speak out. I intend to vote for this bill not only to whistleblowers to assert their claims, while at We are not saying that can’t be strengthen protections for whistleblowers and the same time adequately protecting any sen- taken away in this legislation. We are restore accountability to the federal govern- sitive or classified information involved with saying it needs to be studied by the ment, but to advance this critical TSA provi- such claims. GAO. But what we are also doing is sion through the legislative process and show Mr. Chairman, I note that H.R. 1, which giving the employee the right to go to the President that we are serious about giving passed the House in January, seeks to im- court within 180 days if a decision isn’t our frontline security workers the same rights prove the poor morale problem at TSA by giv- rendered, and to have that same ability as other Department of Homeland Security ing TSO employees whistleblower and collec- to make sure their case is heard if they personnel. tive bargaining rights. These collective bar- disagree with the decision. I urge my colleagues to do the same. gaining rights are comparable to other law en- I can’t say how strongly enough I support this legislation. This legisla- Mr. THOMPSON of Mississippi. Mr. Chair- forcement officers and others within the De- man, I applaud Chairman WAXMAN, Ranking partment, such as the Border Patrol, Customs tion, which passed the committee last year has been improved this year. But, Member DAVIS, and others for their work on and Border Protection Officers. this badly needed bill. Mr. Chairman, as a senior member of the again, I want to say, Mr. PLATTS, you Homeland Security Committee and chair of deserve a tremendous amount of credit This bill extends whistleblower protections to the Subcommittee on Transportation Security for what you have done and I congratu- Federal employees who work on national se- and Infrastructure Protection, I am proud to late my colleagues on the other side of curity, mainly in the intelligence area, workers support H.R. 985. This bill will help the Fed- the aisle for bringing this legislation in the Transportation Security Administration, eral Government keep America safer and up so quickly. especially screeners, and Federal contractors, more secure by encouraging and protecting Mr. Chairman, I reserve the balance amongst others. employees who come forward to report waste, of my time. As Chairman WAXMAN correctly identified, fraud, wrongdoing, or abuse of vital and lim- Mr. PLATTS. I yield myself such there is a tremendous need to protect Federal ited Government resources. I urge all mem- time as I may consume. workers and contractors who are our best Mr. Chairman, I do urge my col- sources of identifying waste fraud, abuse or bers to join me in voting for this important leg- leagues to vote for H.R. 985. It is im- islation. security problems. Mr. SHAYS. Mr. Chairman, I yield portant for any number of reasons. The This bill treats Transportation Security Offi- myself such time as I may consume. bipartisan nature of this bill itself is I cers (TSOs) the same as all other Department Mr. Chairman, when you give the ad- think in many ways reason enough. We employees by giving them full whistleblower ministration of any party the kind of have reached across the aisle in a bi- protections, which TSOs currently do not powers we need to give an administra- partisan fashion to make sure that we have. tion today, you have to have a strong do what is right for the American pub- Mr. Chairman, others will tell you that TSOs whistleblower statute, a strong civil lic, for the traveling public and for the have adequate whistleblower rights. While this liberties board, and aggressive congres- safety of all of us. is debatably true on paper, it is not true in sional oversight. There are two incon- Mr. Chairman, as an intelligence offi- practice. cer myself, I know full well from first- venient truths we need to deal with, in The truth is TSOs do not enjoy full whistle- hand experience the importance of hav- society today. One is what Al Gore blower protections. They have extremely lim- ing lines of communication open so the talks about: the environment, and na- ited whistleblower protections granted by a right information is getting to deci- tional security issues related to the en- Memorandum of Understanding (MOU) that sionmakers, and that right information vironment. was entered into when TSA was part of the can often include telling us what is not Another inconvenient truth is what Department of Transportation. the 9/11 Commission points out to us, going right, what has gone wrong and how we can fix it. In fact, while reviewing a TSO whistleblower that we are confronting deadly radical claim in 2004, the Merit Systems Protection Islamist terrorism. And that requires b 1545 Board (MSPB) ruled that the Homeland Secu- stronger statutes to deal with it. It is vital that people have the oppor- rity Act does not provide TSO whistleblowers We had an attempt in the late tunity and avenues and conduits with a right to MSPB review. eighties by the first President Bush to through which they can give good in- Compared to other Department employees have a workable whistleblower statute. formation, information when things who do enjoy the right to MSPB review, TSOs That statute was eroded by the Federal are going well and information when are treated differently. Court in D.C. We saw the Clinton ad- things are not going well. All of this Under the MOU, TSOs can only bring a ministration try to strengthen it in ultimately makes us a safer, stronger claim to the Office of Special Counsel, but 1994, and again it was weakened by the Nation. That is why I urge all of my TSOs have no right of outside appeal to either courts. This is another attempt to colleagues to vote for H.R. 985. the MSPB or any other independent agency or strengthen this statute. Mrs. LOWEY. Mr. Chairman, I want to thank court, like all other the Department employees We have a weakness in our whistle- Chairman WAXMAN and Ranking Member blower statute that we must address. can. DAVIS of the Oversight and Government Re- This bill remedies this situation by giving the And it is being addressed on a bipar- form Committee for bringing this bill to the tisan basis. TSOs full whistleblower rights, including the floor. right to independent outside review. We have a Merit System Protection I rise in support of this bill and in particular, Board that deals with everyone outside the provisions extending whistleblower protec- Besides independent outside review, this bill of the intelligence community, but it tions to federal employees who work on na- also allows a whistleblower to go to court if doesn’t render decisions soon enough. tional security matters, including those em- their claim has not been acted on within 6 We are requiring that decisions be ren- ployed by the Transportation Security Adminis- months of filing. dered within 180 days. If not, a whistle- tration. This bill permits the whistleblower to bring blower can go to court. And we now The simple fact is that TSA screeners are an appeal on their case to any federal court of allow whistleblowers to appeal deci- treated differently than other Department of appeals having proper jurisdiction over the sions they disagree with. Homeland Security personnel. That is why I case. But we have had a more serious prob- authored the provisions in the Implementing I am also pleased that this bill provides the lem. This is the area of concern relat- the 9/11 Commission Recommendations Act same rights to the Department’s Office of In- ing to the intelligence community. of 2007, which the House passed in January, telligence and Analysis employees as it does Whistleblowers have had to go to their that would give TSOs whistleblower and col- to intelligence employees in other agencies. own individual Inspector Generals. The lective bargaining rights. As we know, whistleblowers in the intel- Inspector Generals follow different Astonishingly, the President has threatened ligence community must be careful when they practices. We are now making sure to veto the 9/11 bill over this provision. disclose certain information.

VerDate Aug 31 2005 04:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 9920 E:\CR\FM\A14MR7.029 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2527 This bill helps govern how these people can Whistleblower Protection Enhancement Act of Sec. 3. Covered disclosures. bring their claims, but it also adequately pro- 2007. Sec. 4. Rebuttable presumption. tects any sensitive or classified information The Whistleblower Protection Act of 2007 Sec. 5. Nondisclosure policies, forms, and agreements. that may be involved. strengthens current law to protect whistle- Sec. 6. Exclusion of agencies by the Presi- Mr. Chairman, I want to note that H.R. 1, blowers in Federal agencies. Since 1994, the dent. which passed the House in January, has Whistleblower Protection Act has been gutted Sec. 7. Disciplinary action. some similar effects as H.R. 985, mainly that by judicial activism. The legislation would Sec. 8. Government Accountability Office it provides whistleblower protections to TSOs. grant whistleblowers the right to challenge re- study on revocation of security H.R. 1 also fixes the poor morale problems prisals in Federal district court and clarifies clearances. by allowing collective bargaining rights for that ‘‘any’’ protected disclosure applies to all Sec. 9. Alternative recourse. TSOs, similar to other law enforcement offi- Sec. 10. National security whistleblower lawful communication of misconduct. It would rights. cers and others within the Department, such extend whistleblower protection rights to whis- Sec. 11. Enhancement of contractor em- as the Border Patrol and Customs and Border tleblowers in the intelligence community and ployee whistleblower protec- Protection Officers. would extend these rights to federally funded tions. Nonetheless, I am happy to vote for H.R. contractors. Sec. 12. Prohibited personnel practices af- 985 today as it not only makes America safer Extending whistleblower protection to the in- fecting the Transportation Se- and more secure, but it also allows for all em- telligence community is a critical aspect of this curity Administration. ployees to report waste, fraud, or abuse of Sec. 13. Clarification of whistleblower rights legislation. Most national security whistle- relating to scientific and other vital and limited government resources. blowers are not protected from retaliation by research. I urge my colleagues to support the bill. law. The National Security Whistleblower Coa- Sec. 14. Effective date. Mrs. MALONEY of New York. Mr. Chair- lition reports that the median number of years SEC. 2. CLARIFICATION OF DISCLOSURES COV- man, as a cosponsor of this legislation, I rise of government service for national security ERED. in strong support of H.R. 985, the Whistle- whistleblowers is 22 years. These employees Section 2302(b)(8) of title 5, United States blower Protection Act. are experienced and dedicated and their ca- Code, is amended— I think one thing we can all agree on is that reers should not be put at risk when they re- (1) in subparagraph (A)— the current system is broken and whistle- port waste, fraud, and abuse. Protecting na- (A) by striking ‘‘which the employee or ap- blowers are simply not being protected. plicant reasonably believes evidences’’ and tional security whistleblowers from retaliation inserting ‘‘, without restriction as to time, Too often our system retaliates against is in the best interest of our national security. place, form, motive, context, or prior disclo- whistleblowers rather than thanking them for I do have concerns about one group of sure made to any person by an employee or standing up for what is right. workers that do not have whistleblower protec- applicant, including a disclosure made in the The Oversight and Government Reform tion—postal workers. The Postal Service is ordinary course of an employee’s duties, that Committee has heard from many of them, in- not, by law, subject to the Whistleblower Pro- the employee or applicant reasonably be- cluding Sibel Edmonds, the former FBI Trans- tection Act—WPA. The Service’s Employee lieves is evidence of’’; and lator who was fired for raising concerns about and Labor Relations Manual—ELM—contains (B) in clause (i), by striking ‘‘a violation’’ and inserting ‘‘any violation’’; and the way the FBI was translating important in- provisions adopted by the service that rep- formation about our security. (2) in subparagraph (B)— licate the more significant protections found in (A) by striking ‘‘which the employee or ap- Her reward for blowing the whistle included the WPA for victims of unlawful reprisal. The plicant reasonably believes evidences’’ and having her security clearance stripped, being ELM provisions, however, only concern ‘‘cor- inserting ‘‘, without restriction as to time, fired from her job and being forced to endure rective actions’’; they do not mandate dis- place, form, motive, context, or prior disclo- a years-long court battle that prevented her cipline for managers who retaliate against sure made to any person by an employee or from any sort of normal life. whistleblowers. applicant, including a disclosure made in the Things were so bad with her case that when As chairman of the Subcommittee on Fed- ordinary course of an employee’s duties, of information that the employee or applicant she testified before the committee she literally eral Workforce, Postal Service, and the District could not tell us anything about her life— reasonably believes is evidence of’’; and of Columbia, I will hold a hearing to examine (B) in clause (i), by striking ‘‘a violation’’ where she was born or which languages she the need to extend full whistleblower protec- and inserting ‘‘any violation (other than a speaks. tions to postal employees. violation of this section)’’. Sadly, she is not alone. Chairman WAXMAN, thank you for your ad- SEC. 3. COVERED DISCLOSURES. The Whistleblower Protection Act (WPA) vocacy in this area. Section 2302(a)(2) of title 5, United States has been weakened by court cases in recent Mr. PLATTS. Mr. Chairman, I yield Code, is amended— years and even the weak protections offered back the balance of my time. (1) in subparagraph (B)(ii), by striking under the WPA do not apply to national secu- Mr. SHAYS. Mr. Chairman, I thank ‘‘and’’ at the end; rity whistleblowers or contractors at those my colleague for his presentation, and (2) in subparagraph (C)(iii), by striking the period at the end and inserting ‘‘; and’’; and agencies. I yield back the balance of my time. The Oversight Committee repeatedly has (3) by adding at the end the following: The Acting CHAIRMAN. All time for ‘‘(D) ‘disclosure’ means a formal or infor- heard from people who have had their security general debate has expired. mal communication, but does not include a clearances revoked after blowing the whistle. Pursuant to the rule, an amendment communication concerning policy decisions We have been told that wrongdoers have in the nature of a substitute consisting that lawfully exercise discretionary author- been allowed to continue their actions while of the text of the bill, modified by the ity unless the øemployee¿ employee or appli- the whistleblower has been the one made to amendments printed in the bill, is cant providing the disclosure reasonably be- suffer. adopted. The bill, as amended, shall be lieves that the disclosure evidences— In the 109th Congress I was joined by my ‘‘(i) any violation of any law, rule, or regu- considered as an original bill for the lation; or colleague Representative DIANE WATSON in of- purpose of further amendment under fering an amendment during the Committee’s ‘‘(ii) gross mismanagement, a gross waste the 5-minute rule and shall be consid- of funds, an abuse of authority, or a substan- consideration of the Federal Employee Protec- ered read. tial and specific danger to public health or tion of Disclosures Act that would have ex- The text of the bill, as amended, is as safety.’’. tended whistleblower protections to employees follows: SEC. 4. REBUTTABLE PRESUMPTION. in national security and the intelligence com- H.R. 985 Section 2302(b) of title 5, United States munity. Code, is amended by adding at the end the Be it enacted by the Senate and House of Rep- I am thrilled that this legislation will extend following: ‘‘For purposes of paragraph (8), resentatives of the United States of America in any presumption relating to the performance these important protections to employees of Congress assembled, intelligence agencies and to federal contrac- of a duty by an employee who has authority SECTION 1. SHORT TITLE; TABLE OF CONTENTS. to take, direct others to take, recommend, tors. (a) SHORT TITLE.—This Act may be cited as Passage of this bill is long overdue. or approve any personnel action may be re- the ‘‘Whistleblower Protection Enhancement butted by substantial evidence. For purposes I urge my colleagues to vote for this legisla- Act of 2007’’. of paragraph (8), a determination as to tion. (b) TABLE OF CONTENTS.—The table of con- whether an employee or applicant reason- Mr. DAVIS of Illinois. Mr. Chairman, I am tents for this Act is as follows: ably believes that such employee or appli- pleased to have joined Chairman WAXMAN and Sec. 1. Short title; table of contents. cant has disclosed information that evi- Ranking Member DAVIS in sponsoring the Sec. 2. Clarification of disclosures covered. dences any violation of law, rule, regulation,

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DISCIPLINARY ACTION. ‘‘(ii) may award any relief which the court funds, an abuse of authority, or a substantial Section 1215(a)(3) of title 5, United States considers appropriate, including any relief and specific danger to public health or safety Code, is amended to read as follows: described in subsection (g). shall be made by determining whether a dis- ‘‘(3)(A) A final order of the Board may im- An appeal from a final decision of a district interested observer with knowledge of the es- pose— court in an action under this paragraph may, at sential facts known to or readily ascertain- ‘‘(i) disciplinary action consisting of re- the election of the appellant, be taken to the able by the employee or applicant could rea- moval, reduction in grade, debarment from Court of Appeals for the Federal Circuit (which sonably conclude that the actions of the Federal employment for a period not to ex- shall have jurisdiction of such appeal), in lieu Government evidence such violations, mis- ceed 5 years, suspension, or reprimand; of the United States court of appeals for the cir- management, waste, abuse, or danger.’’. ‘‘(ii) an assessment of a civil penalty not to cuit embracing the district in which the action SEC. 5. NONDISCLOSURE POLICIES, FORMS, AND exceed $1,000; or was brought. AGREEMENTS. ‘‘(iii) any combination of disciplinary ac- ‘‘(2) For purposes of this subsection, the tions described under clause (i) and an as- term ‘appropriate United States district (a) PERSONNEL ACTION.—Section sessment described under clause (ii). court’, as used with respect to an alleged 2302(a)(2)(A) of title 5, United States Code, is ‘‘(B) In any case in which the Board finds prohibited personnel practice, means the amended— that an employee has committed a prohib- United States district court for the district (1) in clause (x), by striking ‘‘and’’ at the ited personnel practice under paragraph (8) in which the prohibited personnel practice is end; or (9) of section 2302(b), the Board shall im- alleged to have been committed, the judicial (2) by redesignating clause (xi) as clause pose disciplinary action if the Board finds district in which the employment records (xii); and that the activity protected under such para- relevant to such practice are maintained and (3) by inserting after clause (x) the fol- graph (8) or (9) (as the case may be) was the administered, or the judicial district in lowing: primary motivating factor, unless that em- which resides the employee, former em- ‘‘(xi) the implementation or enforcement ployee demonstrates, by a preponderance of ployee, or applicant for employment alleg- of any nondisclosure policy, form, or agree- the evidence, that the employee would have edly affected by such practice. ment; and’’. ‘‘(3) This subsection applies with respect to taken, failed to take, or threatened to take any appeal, petition, or other request for (b) PROHIBITED PERSONNEL PRACTICE.—Sec- or fail to take the same personnel action, in corrective action duly submitted to the tion 2302(b) of title 5, United States Code, is the absence of such protected activity.’’. amended— Board, whether pursuant to section SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE 1214(b)(2), the preceding provisions of this (1) in paragraph (11), by striking ‘‘or’’ at STUDY ON REVOCATION OF SECU- the end; section, section 7513(d), or any otherwise ap- RITY CLEARANCES. plicable provisions of law, rule, or regula- (2) by redesignating paragraph (12) as para- (a) REQUIREMENT.—The Comptroller Gen- graph (14); and tion.’’. eral shall conduct a study of security clear- (b) REVIEW OF MSPB DECISIONS.—Section (3) by inserting after paragraph (11) the fol- ance revocations, taking effect after 1996, 7703(b) of such title 5 is amended— lowing: with respect to personnel that filed claims (1) in the first sentence of paragraph (1), by ‘‘(12) implement or enforce any nondisclo- under chapter 12 of title 5, United States striking ‘‘the United States Court of Appeals sure policy, form, or agreement, if such pol- Code, in connection therewith. The study for the Federal Circuit’’ and inserting ‘‘the icy, form, or agreement does not contain the shall consist of an examination of the num- appropriate United States court of appeals’’; following statement: ‘These provisions are ber of such clearances revoked, the number and consistent with and do not supersede, con- restored, and the relationship, if any, be- (2) by adding at the end the following: flict with, or otherwise alter the employee tween the resolution of claims filed under ‘‘(3) For purposes of the first sentence of obligations, rights, or liabilities created by such chapter and the restoration of such paragraph (1), the term ‘appropriate United Executive Order No. 12958; section 7211 of clearances. States court of appeals’ means the United title 5, United States Code (governing disclo- (b) REPORT.—Not later than 270 days after States Court of Appeals for the Federal øCir- sures to Congress); section 1034 of title 10, the date of the enactment of this Act, the cuit.¿ Circuit, except that in the case of a pro- United States Code (governing disclosures to Comptroller General shall submit to the hibited personnel practice described in section Congress by members of the military); sec- Committee on Oversight and Government 2302(b)(8) (other than a case that, disregarding tion 2302(b)(8) of title 5, United States Code Reform of the House of Representatives and this paragraph, would otherwise be subject to (governing disclosures of illegality, waste, the Committee on Homeland Security and paragraph (2)), such term means the United fraud, abuse, or public health or safety Governmental Affairs of the Senate a report States Court of Appeals for the Federal Circuit threats); the Intelligence Identities Protec- on the results of the study required by sub- and any United States court of appeals having tion Act of 1982 (50 U.S.C. 421 and following) section (a). jurisdiction over appeals from any United States (governing disclosures that could expose con- district court which, under section 1221(k)(2), SEC. 9. ALTERNATIVE RECOURSE. fidential Government agents); and the stat- would be an appropriate United States district (a) IN GENERAL.—Section 1221 of title 5, utes which protect against disclosures that court for purposes of such prohibited personnel United States Code, is amended by adding at could compromise national security, includ- practice.’’. the end the following: ing sections 641, 793, 794, 798, and 952 of title (c) COMPENSATORY DAMAGES.—Section ‘‘(k)(1) If, in the case of an employee, 18, United States Code, and section 4(b) of 1221(g)(1)(A)(ii) of such title 5 is amended by former employee, or applicant for employ- the Subversive Activities Control Act of 1950 striking all after ‘‘travel expenses,’’ and insert- ment who seeks corrective action (or on be- (50 U.S.C. 783(b)). The definitions, require- ing ‘‘any other reasonable and foreseeable con- half of whom corrective action is sought) ments, obligations, rights, sanctions, and li- sequential damages, and compensatory damages from the Merit Systems Protection Board abilities created by such Executive order and (including attorney’s fees, interest, reasonable based on an alleged prohibited personnel such statutory provisions are incorporated expert witness fees, and costs).’’. practice described in section 2302(b)(8), no ø ¿ into this agreement and are controlling.’; (c) (d) CONFORMING AMENDMENTS.— final order or decision is issued by the Board ‘‘(13) conduct, or cause to be conducted, an (1) Section 1221(h) of such title 5 is amend- within 180 days after the date on which a re- investigation, other than any ministerial or ed by adding at the end the following: quest for such corrective action has been ‘‘(3) Judicial review under this subsection nondiscretionary factfinding activities nec- duly submitted (or, in the event that a final shall not be available with respect to any de- essary for the agency to perform its mission, order or decision is issued by the Board, cision or order as to which the employee, of an employee or applicant for employment whether within that 180-day period or there- former employee, or applicant has filed a pe- because of any activity protected under this after, then, within 90 days after such final tition for judicial review under subsection section; or’’. order or decision is issued, and so long as (k).’’. SEC. 6. EXCLUSION OF AGENCIES BY THE PRESI- such employee, former employee, or appli- (2) Section 7703(c) of such title 5 is amend- DENT. cant has not filed a petition for judicial reed by striking ‘‘court.’’ and inserting ‘‘court, Section 2302(a)(2)(C) of title 5, United view of such order or decision under sub- and in the case of a prohibited personnel States Code, is amended by striking clause section (h))— practice described in section 2302(b)(8) (ii) and inserting the following: ‘‘(A) such employee, former employee, or brought under any provision of law, rule, or ‘‘(ii)(I) the Federal Bureau of Investiga- applicant may, after providing written no- regulation described in section 1221(k)(3), the tion, the Central Intelligence Agency, the tice to the Board, bring an action at law or employee or applicant shall have the right to Defense Intelligence Agency, the National equity for de novo review in the appropriate de novo review in accordance with section Geospatial-Intelligence Agency, or the Na- United States district court, which shall 1221(k).’’. tional Security Agency; or have jurisdiction over such action without SEC. 10. NATIONAL SECURITY WHISTLEBLOWER ‘‘(II) as determined by the President, any regard to the amount in øcontroversy;¿ con- RIGHTS. Executive agency or unit thereof the prin- troversy, and which action shall, at the request (a) IN GENERAL.—Chapter 23 of title 5, cipal function of which is the conduct of for- of either party to such action, be tried by the United States Code, is amended by inserting eign intelligence or counterintelligence ac- court with a jury; and after section 2303 the following: tivities, if the determination (as that deter- ‘‘(B) in any such action, the court— ‘‘§ 2303a. National security whistleblower mination relates to a personnel action) is ‘‘(i) shall apply the standards set forth in rights made before that personnel action; or’’. subsection (e); and ‘‘(a) PROHIBITION OF REPRISALS.—

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‘‘(1) IN GENERAL.—In addition to any rights tional security concerns and are unrelated to ‘‘(B) In any case in which an Executive provided in section 2303 of this title, title VII the actions constituting the original re- agency asserts the privilege commonly re- of Public Law 105–272, or any other provision prisal. ferred to as the ‘state secrets privilege’, of law, an employee, former employee, or ap- ‘‘(B) In any case in which the head of a whether or not an Inspector General has con- plicant for employment in a covered agency covered agency re-initiates procedures under ducted an investigation under subsection (b), may not be discharged, demoted, or other- subparagraph (A), the head of the covered the head of that agency shall, at the same wise discriminated against (including by de- agency shall issue an unclassified report to time it asserts the privilege, issue a report nying, suspending, or revoking a security its Inspector General and to authorized to authorized Members of Congress, accom- clearance, or by otherwise restricting access Members of Congress (with a classified panied by a classified annex if necessary, de- to classified or sensitive information) as a annex, if necessary), detailing the cir- scribing the reasons for the assertion, ex- reprisal for making a disclosure described in cumstances of the agency’s re-initiated pro- plaining why the court hearing the matter paragraph (2). cedures and describing the manner in which does not have the ability to maintain the ‘‘(2) DISCLOSURES DESCRIBED.—A disclosure those procedures are based exclusively on na- protection of classified information related described in this paragraph is any disclosure tional security concerns and are unrelated to to the assertion, detailing the steps the of covered information which is made— the actions constituting the original re- agency has taken to arrive at a mutually ‘‘(A) by an employee, former employee, or prisal. The head of the covered agency shall agreeable settlement with the employee, applicant for employment in a covered agen- also provide periodic updates to the Inspec- former employee, or applicant for employ- cy (without restriction as to time, place, tor General and authorized Members of Con- ment, setting forth the date on which the form, motive, context, or prior disclosure gress detailing any significant actions taken classified information at issue will be declas- made to any person by an employee, former as a result of those procedures, and shall re- sified, and providing all relevant information employee, or applicant, including a disclo- spond promptly to inquiries from authorized about the underlying substantive matter. sure made in the course of an employee’s du- Members of Congress regarding the status of ‘‘(d) APPLICABILITY TO NON-COVERED AGEN- ties); and those procedures. CIES.—An employee, former employee, or ap- ‘‘(B) to an authorized Member of Congress, ‘‘(3) If the head of the covered agency has plicant for employment in an Executive an authorized official of an Executive agen- not made a determination under paragraph agency (or element or unit thereof) that is cy, an authorized official of the Department (1) within 180 days of the filing of the com- not a covered agency shall, for purposes of of Justice, or the Inspector General of the plaint (or he has issued an order denying re- any disclosure of covered information (as de- covered agency in which such employee is lief, in whole or in part, whether within that scribed in subsection (a)(2)) which consists in employed, such former employee was em- 180-day period or thereafter, then, within 90 whole or in part of classified or sensitive in- ployed, or such applicant seeks employment. days after such order is issued), the em- formation, be entitled to the same protec- ‘‘(b) INVESTIGATION OF COMPLAINTS.—An ployee, former employee, or applicant for employee, former employee, or applicant for employment may bring an action at law or tions, rights, and remedies under this section employment in a covered agency who be- equity for de novo review to seek any correc- as if that Executive agency (or element or lieves that such employee, former employee, tive action described in paragraph (1) in the unit thereof) were a covered agency. or applicant has been subjected to a reprisal appropriate United States district court (as ‘‘(e) CONSTRUCTION.—Nothing in this sec- prohibited by subsection (a) may submit a defined by section 1221(k)(2)), which shall tion may be construed— complaint to the Inspector General and the have jurisdiction over such action without ‘‘(1) to authorize the discharge of, demo- head of the covered agency. The Inspector regard to the amount in øcontroversy.¿ con- tion of, or discrimination against an øem- General shall investigate the complaint and, troversy, and which action shall, at the request ployee¿ employee, former employee, or appli- unless the Inspector General determines that of either party to such action, be tried by the cant for employment for a disclosure other the complaint is frivolous, submit a report of court with a jury. øA petition to review a than a disclosure protected by subsection (a) the findings of the investigation within 120 final decision under this paragraph shall be or (d) of this section or to modify or derogate days to the employee, former employee, or filed in the United States Court of Appeals from a right or remedy otherwise available applicant and to the head of the covered for the Federal Circuit.¿ An appeal from a to an employee, former employee, or appli- agency. final decision of a district court in an action cant for employment; or ‘‘(c) REMEDY.— under this paragraph may, at the election of the ‘‘(2) to preempt, modify, limit, or derogate ‘‘(1) Within 180 days of the filing of the appellant, be taken to the Court of Appeals for any rights or remedies available to an em- complaint, the head of the covered agency the Federal Circuit (which shall have jurisdic- ployee, former employee, or applicant for shall, taking into consideration the report of tion of such appeal), in lieu of the United States employment under any other provision of the Inspector General under subsection (b) (if court of appeals for the circuit embracing the law, rule, or regulation (including the Lloyd- any), determine whether the employee, district in which the action was brought. La Follette Act). former employee, or applicant has been sub- ‘‘(4) An employee, former employee, or ap- jected to a reprisal prohibited by subsection plicant adversely affected or aggrieved by an No court or administrative agency may re- (a), and shall either issue an order denying order issued under paragraph (1), or who quire the exhaustion of any right or remedy relief or shall implement corrective action seeks review of any corrective action deter- under this section as a condition for pur- to return the employee, former employee, or mined under paragraph (1), may obtain judi- suing any other right or remedy otherwise applicant, as nearly as possible, to the posi- cial review of such order or determination in available to an employee, former employee, tion he would have held had the reprisal not the United States Court of Appeals for the or applicant under any other provision of occurred, including voiding any directive or Federal øCircuit.¿ Circuit or any United States law, rule, or regulation (as referred to in order denying, suspending, or revoking a se- court of appeals having jurisdiction over ap- paragraph (2)). curity clearance or otherwise restricting ac- peals from any United States district court ‘‘(f) DEFINITIONS.—For purposes of this sec- cess to classified or sensitive information which, under section 1221(k)(2), would be an ap- tion— that constituted a reprisal, as well as pro- propriate United States district court. No peti- ‘‘(1) the term ‘covered information’, as viding back pay and related benefits, med- tion seeking such review may be filed more used with respect to an employee, former ical costs incurred, travel expenses, øand any than 60 days after issuance of the order or employee, or applicant for employment, other reasonable and foreseeable consequen- the determination to implement corrective means any information (including classified tial damages including attorney’s fees and action by the head of the agency. Review or sensitive information) which the em- costs.¿ any other reasonable and foreseeable shall conform to chapter 7. ployee, former employee, or applicant rea- consequential damages, and compensatory dam- ‘‘(5)(A) If, in any action for damages or re- sonably believes evidences— ages (including attorney’s fees, interest, reason- lief under paragraph (3) or (4), an Executive ‘‘(A) any violation of any law, rule, or regable expert witness fees, and costs). If the head agency moves to withhold information from ulation; or of the covered agency issues an order deny- discovery based on a claim that disclosure ‘‘(B) gross mismanagement, a gross waste ing relief, he shall issue a report to the em- would be inimical to national security by as- of funds, an abuse of authority, or a substan- ployee, former employee, or applicant detail- serting the privilege commonly referred to tial and specific danger to public health or ing the reasons for the denial. as the ‘state secrets privilege’, and if the as- safety; ‘‘(2)(A) If the head of the covered agency, sertion of such privilege prevents the øplain- ‘‘(2) the term ‘covered agency’ means— in the process of implementing corrective ac- tiff¿ employee, former employee, or applicant ‘‘(A) the Federal Bureau of Investigation, tion under paragraph (1), voids a directive or from establishing an element in support of the Central Intelligence Agency, the Defense order denying, suspending, or revoking a se- the øplaintiff’s¿ employee’s, former employee’s, Intelligence Agency, the National curity clearance or otherwise restricting ac- or applicant’s claim, the court shall resolve Geospatial-Intelligence Agency, the National cess to classified or sensitive information the disputed issue of fact or law in favor of Security Agency, and the National Recon- that constituted a reprisal, the head of the the øplaintiff¿ employee, former employee, or naissance Office; and covered agency may re-initiate procedures to applicant, provided that an Inspector General ‘‘(B) any other Executive agency, or ele- issue a directive or order denying, sus- investigation under subsection (b) has re- ment or unit thereof, determined by the pending, or revoking a security clearance or sulted in substantial confirmation of that President under section 2302(a)(2)(C)(ii)(II) to otherwise restricting access to classified or element, or those elements, of the øplain- have as its principal function the conduct of sensitive information only if those re-initi- tiff’s¿ employee’s, former employee’s, or appli- foreign intelligence or counterintelligence ated procedures are based exclusively on na- cant’s claim. activities;

VerDate Aug 31 2005 03:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.033 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2530 CONGRESSIONAL RECORD — HOUSE March 14, 2007 ‘‘(3) the term ‘authorized Member of Con- er the contractor concerned has subjected SEC. 14. EFFECTIVE DATE. gress’ means a member of the House Perma- the complainant to a reprisal prohibited by This Act shall take effect 30 days after the nent Select Committee on Intelligence, the subsection (a) and shall either issue an order date of the enactment of this Act, except as Senate Select Committee on Intelligence, denying relief or shall take one or more of provided in the amendment made by section the House Committee on Oversight and Gov- the following actions:’’; and 12(a)(2). ernment Reform, the Senate Committee on (2) by redesignating paragraph (3) as para- The Acting CHAIRMAN. No further Homeland Security and Governmental Af- graph (4) and adding after paragraph (2) the amendment is in order except those fairs, and the committees of the House of following new paragraph (3): Representatives or the Senate that have ‘‘(3) If the head of an agency has not issued printed in House Report 110–48. Each oversight over the program about which the an order within 180 days after the submission further amendment may be offered covered information is disclosed; of a complaint under subsection (b) and there only in the order printed in the report, ‘‘(4) the term ‘authorized official of an Ex- is no showing that such delay is due to the by a Member designated in the report, ecutive agency’ shall have such meaning as bad faith of the complainant, the complain- shall be considered read, shall be de- the Office of Personnel Management shall by ant shall be deemed to have exhausted his batable for the time specified in the re- regulation prescribe, except that such term administrative remedies with respect to the port, equally divided and controlled by shall, with respect to any employee, former complaint, and the complainant may bring the proponent and an opponent, shall employee, or applicant for employment in an an action at law or equity for de novo review agency, include— to seek compensatory damages and other re- not be subject to amendment, and shall ‘‘(A) the immediate supervisor of the em- lief available under this section in the appro- not be subject to a demand for division ployee or former employee and each succes- priate district court of the United States, of the question. sive supervisor (immediately above such im- which shall have jurisdiction over such an AMENDMENT NO. 1 OFFERED BY MR. STUPAK mediate supervisor) within the employee’s or action without regard to the amount in The Acting CHAIRMAN. It is now in ø ¿ former employee’s chain of authority (as de- controversy. controversy, and which action order to consider amendment No. 1 termined under such regulations); and shall, at the request of either party to such ac- ‘‘(B) the head, general counsel, and om- tion, be tried by the court with a jury.’’. printed in House Report 110–48. budsman of such agency; and SEC. 12. PROHIBITED PERSONNEL PRACTICES Mr. STUPAK. Mr. Chairman, I offer ‘‘(5) the term ‘authorized official of the De- AFFECTING THE TRANSPORTATION an amendment. partment of Justice’ means any employee of SECURITY ADMINISTRATION. The Acting CHAIRMAN. The Clerk the Department of Justice, the duties of (a) IN GENERAL.—Chapter 23 of title 5, will designate the amendment. whose position include the investigation, en- United States Code, is amended— The text of the amendment is as fol- forcement, or prosecution of any law, rule, (1) by redesignating sections 2304 and 2305 lows: or regulation.’’. as sections 2305 and 2306, respectively; and Amendment No. 1 offered by Mr. STUPAK: (b) CLERICAL AMENDMENT.—The table of (2) by inserting after section 2303a (as in- Page 28, line 19, strike ‘‘and’’. sections for chapter 23 of title 5, United serted by section 10) the following: States Code, is amended by inserting after ‘‘§ 2304. Prohibited personnel practices affect- Page 28, line 21, strike ‘‘technical.’.’’ and the item relating to section 2303 the fol- ing the Transportation Security Adminis- insert ‘‘technical; and’’. lowing: tration Page 28, after line 21, add the following: ‘‘2303a. National security whistleblower ‘‘(a) IN GENERAL.—Notwithstanding any ‘‘(3) any action that restricts or prevents rights.’’. other provision of law, any individual hold- an employee or any person performing feder- SEC. 11. ENHANCEMENT OF CONTRACTOR EM- ing or applying for a position within the ally funded research or analysis from pub- PLOYEE WHISTLEBLOWER PROTEC- Transportation Security Administration lishing in peer-reviewed journals or other TIONS. shall be covered by— scientific publications or making oral pres- (a) CIVILIAN AGENCY CONTRACTS.—Section ‘‘(1) the provisions of section 2302(b)(1), (8), entations at professional society meetings or 315(c) of the Federal Property and Adminis- and (9); other meetings of their peers.’’. trative Services Act of 1949 (41 U.S.C. 265(c)) ‘‘(2) any provision of law implementing The Acting CHAIRMAN. Pursuant to is amended— section 2302(b)(1), (8), or (9) by providing any House Resolution 239, the gentleman (1) in paragraph (1), by striking ‘‘If the right or remedy available to an employee or head’’ and all that follows through ‘‘ac- applicant for employment in the civil serv- from Michigan (Mr. STUPAK) and a tions:’’ and inserting the following: ‘‘Not ice; and Member opposed each will control 5 later than 180 days after submission of a ‘‘(3) any rule or regulation prescribed minutes. complaint under subsection (b), the head of under any provision of law referred to in The Chair recognizes the gentleman the executive agency concerned shall deter- paragraph (1) or (2). from Michigan. mine whether the contractor concerned has ‘‘(b) RULE OF CONSTRUCTION.—Nothing in Mr. STUPAK. Mr. Chairman, thank subjected the complainant to a reprisal pro- this section shall be construed to affect any you for allowing me an opportunity to hibited by subsection (a) and shall either rights, apart from those described in sub- address my amendment, and I thank issue an order denying relief or shall take section (a), to which an individual described one or more of the following actions:’’; and in subsection (a) might otherwise be entitled the Rules Committee for making my (2) by redesignating paragraph (3) as para- under law. amendment in order. I want to recog- graph (4) and adding after paragraph (2) the ‘‘(c) EFFECTIVE DATE.—This section shall nize Mr. WAXMAN, Mr. BRALEY, Mr. following new paragraph (3): take effect as of the date of the enactment of DAVIS, and others of the Government ‘‘(3) If the head of an executive agency has this section.’’. Reform Committee for advancing a not issued an order within 180 days after the (b) CLERICAL AMENDMENT.—The table of good bill, and I want to thank Mr. sections for chapter 23 of title 5, United submission of a complaint under subsection MARKEY for his help with this amend- States Code, is amended by striking the (b) and there is no showing that such delay ment and for his previous work in pro- is due to the bad faith of the complainant, items relating to sections 2304 and 2305, re- the complainant shall be deemed to have ex- spectively, and by inserting the following: tecting the right of government sci- hausted his administrative remedies with re- ‘‘2304. Prohibited personnel practices affect- entists to publish their findings. spect to the complaint, and the complainant ing the Transportation Secu- One of the most important sections may bring an action at law or equity for de rity Administration. of H.R. 985 deals with protecting the in- novo review to seek compensatory damages ‘‘2305. Responsibility of the Government Ac- tegrity of the scientific process by and other relief available under this section countability Office. shielding whistleblowers who report in the appropriate district court of the ‘‘2306. Coordination with certain other provi- tampering with government scientific United States, which shall have jurisdiction sions of law.’’. investigations. My amendment would over such an action without regard to the SEC. 13. CLARIFICATION OF WHISTLEBLOWER enhance whistleblower protection by amount in øcontroversy.¿ controversy, and RIGHTS RELATING TO SCIENTIFIC which action shall, at the request of either AND OTHER RESEARCH. including in the list of reportable ac- party to such action, be tried by the court with Section 2302 of title 5, United States Code, tions any attempt to suppress the right a jury.’’. is amended by adding at the end the fol- of government scientists to publish or (b) ARMED SERVICES CONTRACTS.—Section lowing: announce their findings in peer re- 2409(c) of title 10, United States Code, is ‘‘(f) As used in section 2302(b)(8), the term viewed journals or public meetings amended— ‘abuse of authority’ includes— with their fellow scientists. (1) in paragraph (1), by striking ‘‘If the ‘‘(1) any action that compromises the va- In science, one of the strongest signs head’’ and all that follows through ‘‘ac- lidity or accuracy of federally funded re- tions:’’ and inserting the following: ‘‘Not search or analysis; and of credibility in a study is that the sci- later than 180 days after submission of a ‘‘(2) the dissemination of false or mis- entists are given a right to publish complaint under subsection (b), the head of leading scientific, medical, or technical in- their rights freely, whatever those re- the agency concerned shall determine wheth- formation.’’. sults may be. Completed studies are

VerDate Aug 31 2005 03:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.033 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2531 submitted to peer-reviewed journals for with the so-called ‘‘politicization of Committee under the leadership of consideration, allowing the scientific science’’ to say that Federal research- Chairman WAXMAN to investigate the community at large to review, chal- ers and scientists are permitted to pub- possibility of ‘‘politicization’’ of lenge and incorporate new findings. licize the results of their federally science, and I understand the problem The peer review process is a critical funded research without any input this amendment is attempting to ad- step in the development of scientific from the agency paying their salaries dress. I don’t think, however, this is knowledge, and the transparency in- and employing them. the way to do it. This is possibly a deal herent in the process is one of our First of all, I think it is inappro- killer in terms of how this bill comes strongest safeguards against corrupted priate to shoehorn the debate about together in getting support from this or misleading scientific claims. public policy influencing science into a side of the aisle. Scientific studies funded by the tax- bill about protecting whistleblowers. This amendment is bad public policy, payers should be held to this same high That is why I intend to support Mr. and it is bad for national security. I standard. Political pressure on sci- SALI’s upcoming amendment to strike urge my colleagues to oppose this entists to suppress or hide the results entirely the section which gives rise to amendment. of their research is a direct attack on this amendment. Mr. Chairman, I reserve the balance the public interest, and employees who Second, this amendment would make of my time. report suppression of their scholarly worse the provision in the underlying Mr. STUPAK. Mr. Chairman, I will be publications should be given the same bill which would turn the natural ten- brief. protection as those who report other sion between science and public policy I sat for 12 years on the Energy and kinds of corruption or abuse of author- into a personnel issue to be litigated in Commerce Committee, Oversight and ity. the courts. Investigations, and I cannot tell you My amendment would protect science The whistleblower laws protecting how many times we have dealt with in the public sector and has been en- Federal employees are intended to pro- scientists who have come forward dorsed by the Union of Concerned Sci- tect individuals retaliated against for under a whistleblower status, or will entists, a leading nonprofit organiza- exposing waste, fraud, or abuse in gov- call us up in cases like the Vioxx that tion dedicated to issues of scientific in- ernment. This amendment has nothing I mentioned. tegrity. to do with waste, fraud, or abuse, it ac- I have an article I will include for the Congress has already had some expe- tually has to do with one person’s opin- RECORD where a scientist said, ‘‘FDA rience with this issue. In November ion. Called Journal to Block Vioxx Arti- Instead, this amendment would give 2004, the Senate Finance Committee cle.’’ Thousands of people have died bean individual Federal researcher who heard testimony from Dr. David cause a drug was put forth on the mar- conducts research using taxpayer dol- Graham, the whistleblower in the ket because the scientist within the lars the full discretion as to how and Vioxx case. Dr. Graham described how FDA was not allowed to publish the re- where to publicize his or her research, senior managers within the Office of sults of his study and was not allowed prohibiting the agency who financed Drug Safety of the FDA attempted to to speak at advisory panels. the research and for whom the re- block publication of his study on the We also see that in a drug called searcher works from even getting in- dangers of Vioxx, even going so far as Ketek. It is a drug we continue to do volved in that process. investigation on, and we will have fur- to call the editors of The Lancet, a If a Federal researcher conducts a prestigious medical journal, to attack ther hearings next week on it, how study using Federal money and decides fraudulent studies were put forth be- Dr. Graham’s work. he or she wants to present the research Dr. Graham’s case is not an isolated fore the FDA. The scientists knew it, at a meeting in, say, Cuba, Iran, the and the FDA suppressed the evidence incident. In a recent survey by the Federal Government can wind up in Union of Concerned Scientists, 150 of and allowed the drug to be approved, to court if it attempts to prevent the re- the detriment and the death of many 279 government scientists reported searcher from presenting the findings some sort of political interference with Americans. in that country. And there is the drug Accutane their work. When asked whether they Or if a Federal researcher conducts a believed they were free to publish re- which has many mysterious questions study using Federal money on a classi- surrounding it, and people have not sults that might go against the polit- fied national security matter involv- ical positions of their agency, a major- been allowed to testify at advisory pan- ing, let’s say, satellite technology, the els which must approve a drug before it ity of those scientists who answered Federal Government would be legally the question felt they were not free to is put forth for public use. barred from having any say in how and This is a safety issue, and 150 of 279 publish. to whom that information gets dis- government scientists reported polit- We all know how important good seminated. science is in helping us make good pub- ical interference with their work. It is an overreach. This amendment My amendment protects the public lic policy. As chairman of the Sub- protects one individual’s right to deter- right to know the results of taxpayer- committee on Oversight and Investiga- mine how best to use taxpayer dollars funded research. What is wrong with tions, I am especially aware of the crit- instead of the collective judgment of that? ical role whistleblowers have in rooting elected and appointed policymakers. This amendment is a good amend- out abuses of power and aiding Con- And to add insult to injury, the under- ment. It will make the bill better. I ask gress in its oversight responsibilities. lying bill would require taxpayers to that my amendment be approved. My amendment helps to make the pay the attorneys’ fees of the indi- [From USA Today] important scientific integrity section vidual should the researcher sue the SCIENTIST SAYS FDA CALLED JOURNAL TO of the base bill more comprehensive government for trying to get involved. BLOCK VIOXX ARTICLE and more clear. My amendment will To make matters worse, there is (By Rita Rubin) protect the public’s right to know the nothing in this amendment that would bar the Federal researcher from tout- Just days before a medical journal was to results of publicly funded research, and publish a Food and Drug Administration- will help make a good bill even better. ing the fact that his or her work was sponsored study that raised concerns about Mr. Chairman, I reserve the balance ‘‘Federal research,’’ giving it the pre- the safety of the arthritis drug Vioxx, an of my time. tense of being research endorsed by the FDA official took the unusual step of calling Mr. TOM DAVIS of Virginia. Mr. American public. It is a slippery slope the editor to raise questions about the find- Chairman, I rise to claim the time in to scientific chaos where the taxpayer ings’ scientific integrity, suggests e-mail ob- opposition to the amendment. foots the bill for conflicting, mis- tained by USA TODAY. The Acting CHAIRMAN. The gen- leading, and possibly even poorly done Lead author David Graham says the call tleman from Virginia is recognized for was part of an effort to block publication of work. There are no protections for the his research, an analysis of a database of 1.4 5 minutes. public or taxpayers for this amend- million Kaiser Permanente members show- Mr. TOM DAVIS of Virginia. Mr. ment. ing that those who took Vioxx were more Chairman, this amendment would We have held a number of hearings in likely to suffer a heart attack or sudden car- amend the section of the bill dealing the Oversight and Government Reform diac death than those who took Celebrex,

VerDate Aug 31 2005 03:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.074 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2532 CONGRESSIONAL RECORD — HOUSE March 14, 2007 Vioxx’s rival. Graham had reported his study lated data ‘‘is an extremely serious allega- The Acting CHAIRMAN. The Clerk in August at an epidemiology meeting in tion,’’ Horton wrote. ‘‘One could read such will designate the amendment. France, but publication in a medical journal an allegation as an attempt to introduce The text of the amendment is as fol- would have exposed it to a wider audience. doubt into our minds about the honesty of lows: Graham, associate director for science and the authors—doubt that might be sufficient medicine at the FDA’s Office of Drug Safety, to delay or stop publication of research that Amendment No. 2 offered by Mr. PLATTS: says The Lancet, a medical journal published was clearly of serious public interest’’ Strike the heading for section 3 and insert in London, had planned to post the study on Nov. 18. Graham told a Senate panel that the following (and amend the table of con- its Web site Nov. 17, a day in advance of his the FDA is ‘‘virtually defenseless’’ against tents accordingly): appearance before the Senate Finance Com- another ‘‘terrible tragedy and a profound SEC. 3. DEFINITIONAL AMENDMENTS. mittee to testify about the FDA’s handling regulatory failure’’ like Vioxx. In section 3, insert ‘‘(a) DISCLOSURE.—’’ be- of Vioxx. Mr. Chairman, I reserve the balance fore ‘‘Section’’ and add at the end the following: Merck had pulled the drug from the mar- of my time. ket Sept. 30 because of safety concerns. Pub- (b) CLEAR AND CONVINCING EVIDENCE.—Sec- lication of the study could have embarrassed Mr. TOM DAVIS of Virginia. Mr. tions 1214(b)(4)(B)(ii) and 1221(e)(2) of title 5, the FDA, which was being criticized for not Chairman, I don’t think there is a United States Code, are amended by adding warning patients sooner of Vioxx’s cardio- Member of this House that doesn’t at the end the following: ‘‘For purposes of vascular risks. sympathize with what the gentleman the preceding sentence, ‘clear and con- Steven Galson, acting director of the from Michigan is trying to do. vincing evidence’ means evidence indicating FDA’s Center for Drug Evaluation and Re- The difficulty is the way this amend- that the matter to be proved is highly prob- search, said Sunday that Graham’s charges ment is drafted. It is a huge overreach. able or reasonably certain.’’. are unfounded. ‘‘We didn’t make any efforts It allows anybody who is doing re- The Acting CHAIRMAN. Pursuant to to block publication in The Lancet,’’ he said. House Resolution 239, the gentleman ‘‘What we did is let The Lancet know that search under the auspices of the Fed- the paper was submitted in violation of the eral Government to then publish it from Pennsylvania (Mr. PLATTS) and a agency’s clearance process.’’ Graham had without any kind of overview from Member opposed each will control 5 sought to publish his study before getting their superiors, who sometimes have minutes. the FDA’s OK, Galson said. competing reports and deliberations as The Chair recognizes the gentleman And in a written statement, FDA Acting they reach a public policy decision. from Pennsylvania. Commissioner Lester Crawford said that This is bad law. It allows attorneys’ Mr. PLATTS. Mr. Chairman, I yield Galson contacted Lancet editor Richard Hor- fees in the case where somebody is de- myself such time as I may consume. ton ‘‘out of respect for the scientific review Mr. Chairman, this amendment process.’’ nied that opportunity. Galson said he would like to see the paper This kind of overreach amendment is would require the Merit Systems Pro- published some day but didn’t see the value not about whistleblowing at all; it is a tection Board to rely on a consistent of timing its release to the Senate hearing, politicization of science from the other standard for clear and convincing evi- ‘‘not exactly a scientific imperative.’’ perspective. I urge Members to defeat dence, which is the burden of proof Graham says he pulled his paper at the last this amendment. that must be met to sustain an agen- minute because he feared for his job. Fol- Mr. Chairman, I yield back the bal- cy’s affirmative defense that it would lowing is a chronology of the events sur- have taken the same personnel action rounding the paper’s withdrawal: ance of my time. Nov. 12. Galson called Horton to tell him Mr. STUPAK. Mr. Chairman, I yield in question independent of an employ- that the FDA had not cleared Graham’s the balance of my time to the gen- ee’s protected contact. paper for publication. He then e-mailed Hor- tleman from Iowa (Mr. BRALEY). Under the amendment, clear and con- ton a link to a document describing the Mr. BRALEY of Iowa. Mr. Chairman, vincing evidence will be defined as FDA’s internal review process for journal ar- I rise in support of this amendment, ‘‘evidence indicating that the matter ticles. ‘‘As you will see, there are some ambi- and I thank the gentleman from Michi- to be proved is highly probable or rea- guities here,’’ Galson said in his e-mail. gan for introducing this amendment sonably certain.’’ This standard is con- In a later e-mail to Horton that day, Galson brought up points from a nine-page which would enhance a provision of un- sistent with United States Supreme review of Graham’s study by Ann Trontell, derlying legislation that protects sci- Court precedent and administrative de- deputy director of the FDA’s drug safety of- entific whistleblowers. cisions for remedial employment stat- fice. Galson and Trontell noted discrepancies The underlying provision clarifies utes. between the article submitted to The Lancet that whistleblowers disclosing political By way of background, when Con- and an abstract of the study that had been or ideological interference with Fed- gress passed the Whistleblower Protec- submitted in May for presentation at a sec- eral science are protected from retaliation Act of 1989, it intended to toughen ond scientific meeting, an American College tion. This amendment furthers that the legal burden of proof for a Federal of Rheumatology conference. Trontell’s review, which Graham had forwarded to Hor- goal by affirming that Federal sci- agency’s affirmative defense once a ton, refers to ‘‘potential charges of data ma- entists and grantees should also be able whistleblower establishes a prima facie nipulation.’’ to report censorship of scientific de- case of retaliation from ‘‘preponder- Graham says he had already explained the bate without fearing reprisal. ance of the evidence’’ to ‘‘clear and discrepancies to his superiors at the FDA. I support passage of this amendment. convincing evidence.’’ However, just After the abstract was submitted to the I urge Members to vote ‘‘yes.’’ the opposite has occurred. The clear rheumatology group, Graham says, he dis- The Acting CHAIRMAN. All time for and convincing evidence standard is covered two problems: A computer program debate on the amendment has expired. now the primary basis cited to rule had misclassified the amount of Vioxx some The question is on the amendment patients had taken; and one of his co-authors against whistleblowers in decisions on noticed that an analysis Graham had done offered by the gentleman from Michi- merits. was incorrect. gan (Mr. STUPAK). The reason behind this is that the Graham says the rheumatology group told The question was taken; and the Act- Merit Systems Protection Board has him that it was too late to correct the printing Chairman announced that the ayes created a unique test for clear and con- ed abstract, but that he could present the appeared to have it. vincing evidence which is inconsistent corrected analysis at its annual meeting in Mr. TOM DAVIS of Virginia. Mr. with long-established judicial and ad- October, as he had at the epidemiology meet- Chairman, I demand a recorded vote. ministrative norms. In assessing the ing in August Nov. 14. In an e-mail to Galson, Horton The Acting CHAIRMAN. Pursuant to standard, the board considers three fac- wrote, ‘‘You will not be surprised if I say clause 6 of rule XVIII, further pro- tors: that I was a little taken aback to get your ceedings on the amendment offered by First, the merits of an agency’s stat- call on Friday (Nov. 12). It is very unusual the gentleman from Michigan will be ed independent justification for acting indeed for a member of the employing insti- postponed. against a whistleblower; second, tution of an author to contact us in the mid- AMENDMENT NO. 2 OFFERED BY MR. PLATTS whether there was a motive to retali- dle of the review and publication process of The Acting CHAIRMAN. It is now in ate; and third, whether the action re- a manuscript.’’ Horton wrote that Galson’s call could be order to consider amendment No. 2 flects discriminatory treatment com- perceived as an improper attempt to inter- printed in House Report 110–48. pared to that afforded employees who fere with The Lancet’s review process. Rais- Mr. PLATTS. Mr. Chairman, I offer have not engaged in protective con- ing the possibility that a scientist manipu- an amendment. duct.

VerDate Aug 31 2005 03:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.042 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2533 The three-part test leaves the board this new definition of ‘‘highly prob- convincing evidence’’ in the Whistle- with broad discretion in any given case able’’ or ‘‘reasonably certain’’ actually blower Protection Act. The Merit Sys- with respect to how many criteria an solve the problem or does it make it tems Protection Board has ignored the agency must demonstrate and what even more confusing for courts and liti- intent of Congress and implemented its level of proof must be demonstrated for gants? own test for evaluating whether or not each factor. Mr. Chairman, there may be a valid an agency has shown clear and con- Adoption of this amendment is nec- issue here worth investigating. It is en- vincing evidence that it would have essary in order to restore congressional tirely possible that the Office of Spe- taken the same action anyway. intent in passing the Whistleblower cial Counsel, the Merit Systems Pro- This has made it almost impossible Protection Act. tection Board and the courts are get- for employees to successfully challenge b 1600 ting this wrong, but we should review retaliatory personnel actions. this proposed change and vet it This amendment defines clear and Through the WPA and this legisla- through the committee process before convincing evidence as evidence indi- tion we are now considering, Congress amending the Whistleblower Protec- cating that the matter to be proved is has defined the terms for two of the tion Act. highly probable or reasonably certain. three tests an employee must pass to The good news is we have an oppor- This is a commonsense fix that clari- obtain relief: ‘‘reasonable belief’’ and tunity to address these questions. The fies Congress’ intent. ‘‘contributing factor.’’ For the admin- authorizations for both the Office of I support this amendment which will istrative process to function as in- Special Counsel and the Merit Systems further strengthen protection for whis- tended, Congress must also define Protection Board expire this year, and tleblowers and urge all Members to ‘‘clear and convincing evidence.’’ the committee can and should care- vote ‘‘yes’’ in support of the amend- Accordingly, I urge a ‘‘yes’’ vote on fully review the issue as we consider ment. the amendment. I appreciate this these reauthorizations. Mr. TOM DAVIS of Virginia. Mr. amendment being made in order by the I think my concern on this, if there Chairman, I just urge my colleagues to Rules Committee. is a pending sexual harassment claim oppose the amendment, and I yield Mr. Chairman, I reserve the balance against an employee, and they all of back the balance of my time. of my time. the sudden turn out and become a Mr. PLATTS. Mr. Chairman, again, I Mr. BRALEY of Iowa. Mr. Chairman, whistleblower, that then in the sexual appreciate the gentleman from Iowa’s I rise in support of this amendment of- harassment claim we have a higher support and words in support of this fered by the gentleman from Pennsyl- standard, and for the litigant, the per- amendment and urge a ‘‘yes’’ vote. I vania and commend him for his work. son that has been harassed in that yield back the balance of my time. Mr. TOM DAVIS of Virginia. Mr. case, they have a higher burden of The Acting CHAIRMAN. The ques- Chairman, I rise to claim the time in proof than they would notwithstanding tion is on the amendment offered by opposition. the whistleblower claim. I do not think the gentleman from Pennsylvania (Mr. The Acting CHAIRMAN. The gen- that is fair to the person who is being PLATTS). tleman from Virginia is recognized for harassed in this case, and I do not see The question was taken; and the Act- 5 minutes. a need for it. ing Chairman announced that the noes Mr. TOM DAVIS of Virginia. Mr. So I urge my colleagues to oppose appeared to have it. Chairman, I yield myself such time as this amendment today and allow the Mr. PLATTS. Mr. Chairman, I de- I may consume. committee in regular order to consider mand a recorded vote. I oppose this amendment. This carefully and foil this problem identi- The Acting CHAIRMAN. Pursuant to amendment would raise the threshold fied by my good friend and colleague clause 6 of rule XVIII, further pro- by which agencies must prove they Mr. PLATTS. ceedings on the amendment offered by would have taken disciplinary action Mr. Chairman, I reserve the balance the gentleman from Pennsylvania will against an employee notwithstanding of my time. be postponed. the employee’s whistleblower claim. Mr. PLATTS. Mr. Chairman, I appre- AMENDMENT NO. 3 OFFERED BY MR. PLATTS Current law requires agencies to ciate the gentleman’s concerns raised The Acting CHAIRMAN. It is now in prove this by clear and convincing evi- and certainly will keep them in mind order to consider amendment No. 3 dence. This amendment raises the as we move forward with this process printed in House Report 110–48. threshold and requires agencies to today and in the weeks and months to Mr. PLATTS. Mr. Chairman, I offer prove that such action was highly come. an amendment. probable or reasonably certain. I yield 11⁄2 minutes to the gentleman The Acting CHAIRMAN. The Clerk There may be a real issue here which from Iowa (Mr. BRALEY). will designate the amendment. must be addressed, but after working Mr. BRALEY of Iowa. Mr. Chairman, The text of the amendment is as fol- on this bill for years now yesterday I rise in support of this amendment of- lows: was the first time that this issue was fered by the gentleman from Pennsyl- Amendment No. 3 offered by Mr. PLATTS: brought to our attention. vania and commend him for his work. In section 2, in the matter to be inserted On its face, I am concerned this This amendment will clarify the stand- by paragraphs (1)(A) and (2)(A) thereof, in- amendment would raise an already ard used to evaluate an employee’s desert ‘‘forum,’’ after ‘‘context,’’. In section 2, insert ‘‘(a) IN GENERAL.—’’ be- high threshold imposed upon agencies fense when a whistleblower claims that fore ‘‘Section’’ and add at the end the fol- trying to prove they are placing an em- an employer acted in illegal retalia- lowing: ployee on administrative leave be- tion. (b) PROHIBITED PERSONNEL PRACTICES cause, for example, the employee sexu- When a whistleblower claims that an UNDER SECTION 2302(b)(9).—Title 5, United ally harassed another employee and agency engaged in a retaliatory action, States Code, is amended in subsections (a)(3), not because the employee is a whistle- it is an affirmative defense for the (b)(4)(A), and (b)(4)(B)(i) of section 1214 and blower. The current clear and con- agency if it can prove that it would in subsections (a) and (e)(1) of section 1221 by vincing evidence standard seems a suf- have taken the same action even if the inserting ‘‘or 2302(b)(9)(B)-(D)’’ after ‘‘section 2302(b)(8)’’ each place it appears. ficient burden of proof to impose upon employee had not blown the whistle. In section 1221(k)(1) of title 5, United agencies. This is, in fact, the same type of anal- States Code (as added by section 9(a)), insert I am also concerned we may be estab- ysis that takes place in sex discrimina- ‘‘or 2302(b)(9)(B)-(D)’’ after ‘‘section lishing a dangerous precedent by fur- tion and sexual harassment claims, and 2302(b)(8)’’. ther defining in one isolated statute yet nothing in this amendment would In section 7703(b)(3) of title 5, United what the term ‘‘clear and convincing impose a different burden of proof in States Code (as added by section 9(b)(2)), in- evidence’’ means. Does the U.S. Code those cases because they are statutory- sert ‘‘or 2302(b)(9)(B)-(D)’’ after ‘‘section 2302(b)(8)’’. typically define standards of proof such based claims and are not affected by In the matter to be inserted by section as ‘‘clear and convincing’’ and ‘‘beyond the amendment. 9(d)(2) in section 7703(c) of title 5, United a reasonable doubt’’ or are these terms Congress set the agency’s burden of States Code, insert ‘‘or 2302(b)(9)(B)-(D)’’ of art defined in case law? And does proof for this defense as ‘‘clear and after ‘‘section 2302(b)(8)’’.

VerDate Aug 31 2005 03:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.079 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2534 CONGRESSIONAL RECORD — HOUSE March 14, 2007 In section 2303a(a)(2)(A) of title 5, United A whistleblower who makes a disclo- blower to take. These are, in essence, States Code (as amended by section 10(a)), sure that is considered a whistleblower whistleblowers who are operating with- insert ‘‘forum,’’ after ‘‘context,’’. disclosure under 5 U.S.C. 2302(b)(8) gets in the existing chain of command. The Acting CHAIRMAN. Pursuant to the benefit of protections such as the They have used the chain of command, House Resolution 239, the gentleman right to challenge a retaliatory act by not gone outside the system, but they from Pennsylvania (Mr. PLATTS) and a an employer. If the same whistleblower are not afforded the same protection as Member opposed each will control 5 makes the same disclosure but does it those who do. minutes. while testifying as a plaintiff or as a These are the forums where we can The Chair recognizes the gentleman witness in litigation, the whistleblower actually make a difference to policy- from Pennsylvania. does not get the same protections. makers. This amendment ends the in- Mr. PLATTS. Mr. Chairman, I yield We should protect Federal employees equity by clarifying that an otherwise myself as much time as I may con- who expose government wrongdoing, no protected disclosure cannot be dis- sume. matter what the forum. This amend- qualified because of the forum where it This amendment is intended to ad- ment appropriately extends Whistle- is communicated. dress situations in which an employee blower Protection Act coverage to em- I support this amendment. I con- faces retaliation for being associated ployees who make disclosures in litiga- gratulate my friend for offering it. with whistleblowers through his or her tion as described in 5 U.S.C. Section Mr. PLATTS. Mr. Chairman, I would testimony in a legal proceeding, and to 2302(b)(9). just like to again recognize the rank- encourage cooperation with Inspector This amendment extends equal bur- ing member, the past several terms as General and Office of Special Counsel dens of proof and individual rights of the chairman of the Government Re- investigations, as well as compliance action to whistleblowers who serve as form Committee. He and his staff have with the law. witnesses in Inspector General and been instrumental in moving this issue Oddly, under current law, whistle- Special Counsel investigations. This forward and working with my staff and blowers who make their disclosures of amendment also clarifies that these members on the other side as well, and waste, fraud or abuse in the context of protections apply to Federal employees want to recognize him and his staff for another employee’s legal appeal, a who face retaliation for refusing to vio- their great work. grievance hearing, an Inspector Gen- late the law. Mr. Chairman, I yield back the bal- eral or Office of Special Counsel inves- I urge my colleagues to support this ance of my time. tigation are not given the same protec- amendment, which closes these sense- The Acting CHAIRMAN. The questions as other whistleblowers, such as less loopholes. tion is on the amendment offered by those who blow the whistle on national Mr. Chairman, I yield back the bal- the gentleman from Pennsylvania (Mr. television. This simply does not make ance of my time. PLATTS). sense. Mr. PLATTS. Mr. Chairman, how The amendment was agreed to. My amendment would rectify this much time do I have? AMENDMENT NO. 4 OFFERED BY MR. SALI situation in three ways. First, the The Acting CHAIRMAN. The gen- The Acting CHAIRMAN. It is now in amendment would clarify that a pro- tleman from Pennsylvania (Mr. order to consider amendment No. 4 tected disclosure cannot be disqualified PLATTS) has 31⁄2 minutes remaining. printed in House Report 110–48. because of the forum in which it is The gentleman from Iowa (Mr. BRALEY) Mr. SALI. Mr. Chairman, I offer an made, such as through witness testi- has yielded back the balance of his amendment. mony in another employee’s appeal. time. The Acting CHAIRMAN. The Clerk Second, the amendment would estab- Mr. PLATTS. Mr. Chairman, I yield 2 will designate the amendment. lish more realistic burdens of proof, the minutes to the gentleman from Vir- The text of the amendment is as follows: same as exist in most whistleblower ginia (Mr. TOM DAVIS), the ranking cases, for those who were retaliated member of the Committee on Oversight Amendment No. 4 offered by Mr. SALI: Strike section 13 (and make all necessary against because they testified on behalf and Government Reform. technical and conforming changes). of an employee exercising their legal Mr. TOM DAVIS of Virginia. Mr. The Acting CHAIRMAN. Pursuant to rights, because they cooperated with Chairman, I thank the gentleman from House Resolution 239, the gentleman an Inspector General or Special Coun- Pennsylvania and, once again, thank from Idaho (Mr. SALI) and a Member sel investigation, or because they re- him for his leadership on this issue. I opposed each will control 5 minutes. fused to obey an order that would have support this amendment. The Chair recognizes the gentleman This amendment will extend addi- required a violation of the law. from Idaho. And third, the amendment gives tional whistleblower protections these whistleblowers access to the against reprisal to employees who co- b 1615 same due process rights as other whis- operate with their agency Inspector Mr. SALI. Mr. Chairman, my amend- tleblowers. General or in some other official griev- ment would remove language from H.R. Testifying under oath, cooperating ance or investigative process. 985 that would prohibit dissent with re- with an Inspector General or Special Unfortunately, courts have misread spect to scientific research. Counsel investigation, and refusing or- the intent of the Whistleblower Protec- I filed my amendment because I be- ders to violate the law are all impor- tion Act and have arbitrarily reclassi- lieve it is inappropriate to attempt to tant ways by which public servants can fied certain whistleblowing activity as shoehorn the debate about public pol- expose waste, fraud and abuse in the an exercise of appeal right. These icy influencing science into this legis- government. Accordingly, I urge a rights are covered under a different lation, thus turning it into a personnel ‘‘yes’’ vote on the amendment. section of title V of the U.S. Code. issue to be litigated in the courts. Mr. Chairman, I reserve the balance By reclassifying these activities as As set forth by section 13 of the bill, of my time. exercises of appeal right, the courts the dissemination of ‘‘false or mis- Mr. BRALEY of Iowa. Mr. Chairman, have deprived employees of whistle- leading technical information’’ is I rise in support of the amendment. blowing protection for their same dis- deemed to be an ‘‘abuse of authority’’ The Acting CHAIRMAN. Without ob- closure showing significant misconduct upon which a Federal authority can jection, the gentleman from Iowa is if presented in a grievance or litigation make a protected disclosure. recognized for 5 minutes. instead of, for example, in a television The problem is that on scientific There was no objection. interview. issues, the question of what is false or Mr. BRALEY of Iowa. Mr. Chairman, It could occur when an employee misleading is often a difficult question I yield myself such time as I may con- faces reprisal as one associated with a on which reasonable people can dis- sume. whistleblower when testifying in an IG agree, and on which sometimes sci- This amendment clarifies that Fed- investigation or Office of Special Coun- entific authorities have a hard time eral whistleblowers are protected re- sel investigation. making up their minds. Are eggs good gardless of where they are or when It strikes me these are precisely the for you or bad for you? Is milk good for they blow the whistle. forums Congress intended the whistle- you or bad for you?

VerDate Aug 31 2005 03:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.040 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2535 Section 13 of this bill has significant speaking out against political inter- ways and the future could be adverse to implications upon the development of ference in science. To prevent and rem- the very scientists it seeks to assist. scientific research conducted by the edy these kinds of problems, we have to Mr. BRALEY of Iowa. Mr. Chairman, government, including research and de- know about them. That is why this leg- this amendment, which strikes section velopment work at the Defense Depart- islation makes clear that employees 13 of the underlying bill, is very simple; ment, as well as federally funded re- who want to disclose these kinds of all it does is expand the term ‘‘abuse of search on health and related issues. By abuses are entitled to whistleblower authority’’ under existing law to in- including the science provisions in this protections. Our Federal scientists clude any action that compromises the bill, I am concerned that we are open- should not be punished at work for validity or accuracy of federally funded ing the door for debates in science to coming forward to report these abuses research or analysis. And it is the fed- become the basis of litigation. Putting of science. erally funded component of that clause the threat of litigation on a healthy This legislation will have no effect at that makes this amendment bad for debate of science is not good public all on legitimate political or policy de- the American people. policy. cisions related to scientific issues. All American taxpayers should not have Furthermore, this clause potentially it does is prevent retaliation against the risk of important scientific re- makes the tension between ethics and employees who report abuses of search being impacted by political in- science the subject of litigation. For science. The amendment we are debat- fluence from any political party. That example, federally funded scientific re- ing now would strike this critical pro- is why it is important that this amend- search on human cloning should be de- vision. ment be defeated. bated amongst policymakers and agen- I strongly oppose the amendment and There are those that say that politics cy officials without fear of retaliation urge all Members to vote ‘‘nay.’’ and science will always intersect. That by scientists and researchers. If an Mr. Chairman, I reserve the balance is absolutely true. Science doesn’t give agency or the administration disagrees of my time. us all the answers. We have to make with the findings of a particular sci- Mr. SALI. Mr. Chairman, I yield 2 political and policy decisions about the entist, we should not be opening up our minutes to the gentleman from Cali- right path to follow. judicial system for those disagree- fornia (Mr. ISSA). For example, an administration ments to be litigated as Federal em- Mr. ISSA. Mr. Chairman, I rise in might decide not to support a certain ployee personnel issues. That hardly support of this amendment and for the type of research. We may not agree seems like a responsible policy. exact same reason that my colleague with that decision, but the administra- I urge my colleagues to oppose turn- on the other side of the aisle opposes tion has a right to make it as long as ing science into a personnel issue to be it. it is honest about the information and litigated in the courts. We have a predicament that we are rationale behind it. What is not accept- Mr. Chairman, I reserve the balance dealing with in this very committee, in able is when the government actually of my time. the Committee on Oversight and Gov- manipulates science to advance its de- Mr. BRALEY of Iowa. Mr. Chairman, ernment Reform. We are dealing with cisions. I rise in strong opposition to this global warming. The $2 billion-plus Hiding data, releasing misinforma- amendment. that we spend every year, and sci- tion, gagging scientists, all to justify a The Acting CHAIRMAN. The gen- entists like Jim Hansen and others who political course of action, is wrong. tleman is recognized for 5 minutes. have been out there saying what they That is the type of action that we want Mr. BRALEY of Iowa. For the past 6 want to freely, the way they want to, Federal employees to feel safe in re- years, there has been overwhelming po- and they have done this at a time in porting. And that is why this bill litical interference with science by the which there is an allegation of a prob- makes crystal clear that disclosures re- Bush administration. We have seen ex- lem. Quite frankly, it is amazing that lated to manipulation and distortion of amples of government scientists barred when I Google, I get tens of thousands science are protected disclosures. That from conducting or presenting research of hits on a scientist who is talking is why I again call upon my colleagues because it conflicts with administra- about why global warming is a threat, on both sides of the aisle to join me in tion policies. We have seen scientific why we have to do things quickly, and voting against this amendment. findings manipulated or outright re- yet there is some theory that we have With that, Mr. Chairman, I yield jected when they don’t bolster favored stifled science. back the balance of my time. policies. And we have seen government By treating science separately in the Mr. SALI. Mr. Chairman, how much agencies put out information about whistleblower status, we are doing a time is remaining? health that is entirely false, but politi- disservice to every scientist and treat- The Acting CHAIRMAN. The gen- cally advantageous. In one EPA report ing them adversely, separately and dif- tleman from Idaho has 1 minute re- on the environment, the White House ferently. This simply wants to return maining. made so many edits to downplay the us to a procedure that we had before, Mr. SALI. Mr. Chairman, I would ex- discussion of global warming that sci- one that has worked. In fact, Jim Han- pect that the good gentleman that is entists at the agency said the draft no sen, who will be before our committee debating against this amendment has longer accurately represents scientific next week, and others have gone policies in his office that allow him to consensus on climate change. through a vetting process and then pro- control the message that comes out of The FDA delayed approval of plan B ceeded to make freely the speeches his office, not to hide anything, I’m for over-the-counter use based on polit- they wanted to make. There has not sure, but so that he will have a uniform ical, not scientific, reasons, causing been a need for whistleblower. In fact, message. That is important at times senior FDA officials and scientific ex- scientists are free to express their within government agencies. perts to resign in protest. opinions now, and that is appropriate; What we do not want to do, Mr. Numerous scientific and medical or- they can do it under the existing guide- Chairman, is, we do not want to in- ganizations have taken positions lines. clude a provision in this bill that will against this abuse of science. It has This amendment seeks to return us put scientific debate in the middle of been condemned in the editorial pages to what was a functioning system, one personnel issues for the Federal Gov- of the most prominent scientific jour- in which we supported science, and sci- ernment. We do not want to put the re- nals. The Journal of Science, for in- entists have been free to say what they sults of scientific research, we don’t stance, said that this interference in- want to. There may be edits going up want to take that out of the grasp of vades areas once immune to this kind the process that the gentleman on the debate by policymakers for fear of re- of manipulation. other side of the aisle objects to, but taliation by scientists and researchers Mr. Chairman, 52 Nobel Laureates, 62 there were edits under the previous ad- who are doing work for the Federal National Medal of Science winners, 194 ministration. Government. members of the National Academies of I urge support of the Sali amend- Mr. Chairman, this is good public Science and thousands of other Amer- ment, recognizing that, in fact, this policy to have this amendment, to take ican scientists have signed a statement would be a sword that could cut both this section out of the bill; and I would

VerDate Aug 31 2005 03:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.088 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2536 CONGRESSIONAL RECORD — HOUSE March 14, 2007 urge my colleagues to support this shall, taking into consideration the report of view of such order or determination in the amendment. the Inspector General under subsection (b) (if United States Court of Appeals for the Fed- Mr. Chairman, I yield back the bal- any), determine whether the employee or eral Circuit or any United States court of ap- ance of my time. former employee has been subjected to a re- peals having jurisdiction over appeals from prisal prohibited by subsection (a), and shall any United States district court which, The Acting CHAIRMAN. The ques- either issue an order denying relief or shall under section 1221(k)(2), would be an appro- tion is on the amendment offered by implement corrective action to return the priate United States district court. No peti- the gentleman from Idaho (Mr. SALI). employee or former employee, as nearly as tion seeking such review may be filed more The question was taken, and the Act- possible, to the position he would have held than 60 days after issuance of the order or ing Chairman announced that the noes had the reprisal not occurred, including void- the determination to implement corrective appeared to have it. ing any directive or order denying, sus- action by the head of the agency. Review pending, or revoking a security clearance or RECORDED VOTE shall conform to chapter 7. otherwise restricting access to classified or ‘‘(5)(A) If, in any action for damages or re- Mr. SALI. Mr. Chairman, I demand a sensitive information that constituted a relief under paragraph (3) or (4), an Executive recorded vote. prisal, as well as providing back pay and re- agency moves to withhold information from The Acting CHAIRMAN. Pursuant to lated benefits, medical costs incurred, travel discovery based on a claim that disclosure clause 6 of rule XVIII, further pro- expenses, any other reasonable and foresee- would be inimical to national security by as- ceedings on the amendment offered by able consequential damages, and compen- serting the privilege commonly referred to the gentleman from Idaho will be post- satory damages (including attorney’s fees, as the ‘state secrets privilege’, and if the as- poned. interest, reasonable expert witness fees, and sertion of such privilege prevents the em- costs). If the head of the covered agency ployee or former employee from establishing AMENDMENT NO. 5 OFFERED BY MR. TIERNEY issues an order denying relief, he shall issue an element in support of the employee’s or The Acting CHAIRMAN. It is now in a report to the employee or former employee former employee’s claim, the court shall re- order to consider amendment No. 5 detailing the reasons for the denial. solve the disputed issue of fact or law in printed in House Report 110–48. ‘‘(2)(A) If the head of the covered agency, favor of the employee or former employee, Mr. TIERNEY. Mr. Chairman, I offer in the process of implementing corrective ac- provided that an Inspector General inves- an amendment. tion under paragraph (1), voids a directive or tigation under subsection (b) has resulted in order denying, suspending, or revoking a se- The Acting CHAIRMAN. The Clerk substantial confirmation of that element, or curity clearance or otherwise restricting ac- those elements, of the employee’s or former will designate the amendment. cess to classified or sensitive information The text of the amendment is as fol- employee’s claim. that constituted a reprisal, the head of the ‘‘(B) In any case in which an Executive lows: covered agency may re-initiate procedures to agency asserts the privilege commonly re- Amendment No. 5 offered by Mr. TIERNEY: issue a directive or order denying, sus- ferred to as the ‘state secrets privilege’, Page 13, strike line 19, and all that follows pending, or revoking a security clearance or whether or not an Inspector General has con- through page 24, line 7, and insert the fol- otherwise restricting access to classified or ducted an investigation under subsection (b), sensitive information only if those re-initi- lowing: the head of that agency shall, at the same ated procedures are based exclusively on na- SEC. 10. NATIONAL SECURITY WHISTLEBLOWER time it asserts the privilege, issue a report tional security concerns and are unrelated to RIGHTS. to authorized Members of Congress, accom- the actions constituting the original re- (a) IN GENERAL.—Chapter 23 of title 5, panied by a classified annex if necessary, de- prisal. United States Code, is amended by inserting scribing the reasons for the assertion, ex- ‘‘(B) In any case in which the head of a after section 2303 the following: plaining why the court hearing the matter covered agency re-initiates procedures under does not have the ability to maintain the ‘‘§ 2303a. National security whistleblower subparagraph (A), the head of the covered protection of classified information related rights agency shall issue an unclassified report to to the assertion, detailing the steps the ‘‘(a) PROHIBITION OF REPRISALS.— its Inspector General and to authorized ‘‘(1) IN GENERAL.—In addition to any rights Members of Congress (with a classified agency has taken to arrive at a mutually provided in section 2303 of this title, title VII annex, if necessary), detailing the cir- agreeable settlement with the employee or of Public Law 105–272, or any other provision cumstances of the agency’s re-initiated pro- former employee, setting forth the date on of law, an employee or former employee in a cedures and describing the manner in which which the classified information at issue will covered agency may not be discharged, de- those procedures are based exclusively on na- be declassified, and providing all relevant in- moted, or otherwise discriminated against tional security concerns and are unrelated to formation about the underlying substantive (including by denying, suspending, or revok- the actions constituting the original re- matter. ing a security clearance, or by otherwise reprisal. The head of the covered agency shall ‘‘(d) APPLICABILITY TO NON-COVERED AGEN- stricting access to classified or sensitive in- also provide periodic updates to the Inspec- CIES.—An employee or former employee in an formation) as a reprisal for making a disclo- tor General and authorized Members of Con- Executive agency (or element or unit there- sure described in paragraph (2). gress detailing any significant actions taken of) that is not a covered agency shall, for ‘‘(2) DISCLOSURES DESCRIBED.—A disclosure as a result of those procedures, and shall re- purposes of any disclosure of covered infor- described in this paragraph is any disclosure spond promptly to inquiries from authorized mation (as described in subsection (a)(2)) of covered information which is made— Members of Congress regarding the status of which consists in whole or in part of classi- ‘‘(A) by an employee or former employee in those procedures. fied or sensitive information, be entitled to a covered agency (without restriction as to ‘‘(3) If the head of the covered agency has the same protections, rights, and remedies time, place, form, motive, context, or prior not made a determination under paragraph under this section as if that Executive agen- disclosure made to any person by an em- (1) within 180 days of the filing of the com- cy (or element or unit thereof) were a cov- ployee or former employee, including a dis- plaint (or he has issued an order denying re- ered agency. closure made in the course of an employee’s lief, in whole or in part, whether within that ‘‘(e) CONSTRUCTION.—Nothing in this sec- duties); and 180-day period or thereafter, then, within 90 tion may be construed— ‘‘(B) to an authorized Member of Congress, days after such order is issued), the em- ‘‘(1) to authorize the discharge of, demo- an authorized official of an Executive agen- ployee or former employee may bring an action of, or discrimination against an em- cy, or the Inspector General of the covered tion at law or equity for de novo review to ployee or former employee for a disclosure agency in which such employee or former seek any corrective action described in para- other than a disclosure protected by sub- employee is or was employed. graph (1) in the appropriate United States section (a) or (d) of this section or to modify ‘‘(b) INVESTIGATION OF COMPLAINTS.—An district court (as defined by section or derogate from a right or remedy otherwise employee or former employee in a covered 1221(k)(2)), which shall have jurisdiction over available to an employee or former em- agency who believes that such employee or such action without regard to the amount in ployee; or former employee has been subjected to a re- controversy. An appeal from a final decision ‘‘(2) to preempt, modify, limit, or derogate prisal prohibited by subsection (a) may sub- of a district court in an action under this any rights or remedies available to an em- mit a complaint to the Inspector General paragraph may, at the election of the appel- ployee or former employee under any other and the head of the covered agency. The In- lant, be taken to the Court of Appeals for the provision of law, rule, or regulation (includ- spector General shall investigate the com- Federal Circuit (which shall have jurisdic- ing the Lloyd-La Follette Act). plaint and, unless the Inspector General de- tion of such appeal), in lieu of the United No court or administrative agency may re- termines that the complaint is frivolous, States court of appeals for the circuit em- quire the exhaustion of any right or remedy submit a report of the findings of the inves- bracing the district in which the action was under this section as a condition for pur- tigation within 120 days to the employee or brought. suing any other right or remedy otherwise former employee (as the case may be) and to ‘‘(4) An employee or former employee ad- available to an employee or former employee the head of the covered agency. versely affected or aggrieved by an order under any other provision of law, rule, or ‘‘(c) REMEDY.— issued under paragraph (1), or who seeks re- regulation (as referred to in paragraph (2)). ‘‘(1) Within 180 days of the filing of the view of any corrective action determined ‘‘(f) DEFINITIONS.—For purposes of this sec- complaint, the head of the covered agency under paragraph (1), may obtain judicial re- tion—

VerDate Aug 31 2005 04:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.089 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2537 ‘‘(1) the term ‘covered information’, as fraud, waste, or abuse is shared with investigated and appropriately safe- used with respect to an employee or former executive branch officials and Members guarded. However, because of the sen- employee, means any information (including of Congress. It specifically addresses sitive nature of the information these classified or sensitive information) which information possessed by whistle- whistleblowers may disclose, it is also the employee or former employee reasonably believes evidences— blowers involving intelligence sources important to ensure that appropriate ‘‘(A) any violation of any law, rule, or reg- and methods. And in those instances Members of Congress receive these ulation; or that is information that is customarily communications. ‘‘(B) gross mismanagement, a gross waste provided to the House and Senate In- b 1630 of funds, an abuse of authority, or a substan- telligence Committees. It also makes tial and specific danger to public health or clear that information of concern re- This amendment addresses concerns safety; lating to the Department of Defense that have been raised about allowing ‘‘(2) the term ‘covered agency’ means— Special Access Programs, or SAPS as national security whistleblowers to ‘‘(A) the Federal Bureau of Investigation, disclose sensitive classified informa- the Office of the Director of National Intel- they are currently called, should be reported to the Armed Services Com- tion to Congress by ensuring that in- ligence, the Central Intelligence Agency, the formation will go to members of com- Defense Intelligence Agency, the National mittee and the Defense Appropriations Geospatial-Intelligence Agency, the National Subcommittee. mittees with expertise and procedures Security Agency, and the National Recon- Overall, this clarifying amendment for handling such information. naissance Office; and strengthens the bill by ensuring that I support this compromise amend- ‘‘(B) any other Executive agency, or ele- current and former employees of the ment, and I urge all Members to vote ment or unit thereof, determined by the intelligence community, the FBI, the ‘‘yes.’’ President under section 2302(a)(2)(C)(ii)(II) to Mr. Chairman, I yield back the bal- have as its principal function the conduct of military and other national security elements that possess sensitive classi- ance of my time. foreign intelligence or counterintelligence The Acting CHAIRMAN. All time for activities; fied national security information re- ‘‘(3) the term ‘authorized Member of Con- ceive adequate protections against re- debate on the amendment has expired. gress’ means— prisals under the law. Further, it will The question is on the amendment ‘‘(A) with respect to covered information better ensure the protection of classi- offered by the gentleman from Massa- about sources and methods of the Central In- fied sensitive information at issue in chusetts (Mr. TIERNEY). telligence Agency, the Director of National many of these cases. So I urge my col- The amendment was agreed to. Intelligence, and the National Intelligence AMENDMENT NO. 2 OFFERED BY MR. PLATTS Program (as defined in section 3(6) of the Na- leagues to support what I believe is a tional Security Act of 1947), a member of the sensible amendment. Mr. PLATTS. Mr. Chairman, I ask House Permanent Select Committee on In- Mr. Chairman, I yield back the bal- unanimous consent that the request for telligence, the Senate Select Committee on ance of my time. a recorded vote on amendment No. 2 Intelligence, or any other committees of the Mr. BRALEY of Iowa. Mr. Chairman, and the previous vote by voice on that House of Representatives or Senate to which I am not opposed, but I ask unanimous amendment be vacated, to the end that this type of information is customarily pro- consent to claim the time in opposi- the Chair put the question on adopting vided; tion. the amendment de novo. ‘‘(B) with respect to special access pro- The Acting CHAIRMAN. Without ob- The Acting CHAIRMAN. Is there ob- grams specified in section 119 of title 10, an jection, the gentleman from Iowa is appropriate member of the Congressional de- jection to the request of the gentleman fense committees (as defined in such sec- recognized for 5 minutes. from Pennsylvania? tion); and There was no objection. There was no objection. ‘‘(C) with respect to other covered informa- Mr. BRALEY of Iowa. Mr. Chairman, The Acting CHAIRMAN. The question, a member of the House Permanent Se- I rise in support of the amendment of- tion is on the amendment offered by lect Committee on Intelligence, the Senate fered by the gentleman from Massachu- the gentleman from Pennsylvania (Mr. Select Committee on Intelligence, the House setts (Mr. TIERNEY). PLATTS). Committee on Oversight and Government I commend Mr. TIERNEY for his work The amendment was agreed to. Reform, the Senate Committee on Homeland on this compromise. As a member of ANNOUNCEMENT BY THE ACTING CHAIRMAN Security and Governmental Affairs, or any both the Permanent Select Committee other committees of the House of Represent- The Acting CHAIRMAN. Pursuant to on Intelligence and the Committee on atives or the Senate that have oversight over clause 6 of rule XVIII, proceedings will Oversight and Government Reform, he the program which the covered information now resume on those amendments on has done a great job on expressing the concerns; and which further proceedings were post- concerns of both committees in a way ‘‘(4) the term ‘authorized official of an Ex- poned, in the following order: ecutive agency’ shall have such meaning as that will allow us to move forward Amendment No. 1 by Mr. STUPAK of the Office of Personnel Management shall by with this important legislation. Michigan. regulation prescribe, except that such term One particular change made by this Amendment No. 4 by Mr. SALI of shall, with respect to any employee or amendment is the removal of language former employee in an agency, include the Idaho. in the underlying bill that allows a na- head, the general counsel, and the ombuds- The Chair will reduce to 5 minutes tional security whistleblower to always man of such agency.’’. the time for any electronic vote after disclose information to a supervisor. The Acting CHAIRMAN. Pursuant to the first vote in this series. House Resolution 239, the gentleman This amendment acknowledges that there are certain circumstances where AMENDMENT NO. 1 OFFERED BY MR. STUPAK from Massachusetts (Mr. TIERNEY) and The Acting CHAIRMAN. The pending a Member opposed each will control 5 it may not be appropriate for a supervisor to receive a disclosure, such as business is the demand for a recorded minutes. vote on the amendment offered by the The Chair recognizes the gentleman when an employee is disclosing classi- gentleman from Michigan (Mr. STUPAK) from Massachusetts. fied information to which the super- Mr. TIERNEY. Mr. Chairman, as we visor does not have access. This amend- on which further proceedings were discussed already here, whistleblowers ment also changes a provision in H.R. postponed and on which the ayes pre- play a key role in holding government 985 regarding national security whistle- vailed by voice vote. accountable, and this legislation takes blowers, to limit which Members of The Clerk will redesignate the the important and long-overdue step of Congress can receive information from amendment. providing whistleblower protections for a national security whistleblower The Clerk redesignated the amend- Federal workers who specialize in na- about an especially sensitive subject. ment. tional security issues. It is important that Federal workers RECORDED VOTE This amendment was carefully craft- who specialize in national security The Acting CHAIRMAN. A recorded ed to clarify the process by which na- issues have the ability to disclose the vote has been demanded. tional security whistleblower informa- information about government wrong- A recorded vote was ordered. tion, that is, information which may doing to Congress. These workers need The vote was taken by electronic de- evidence a violation of law, rule or reg- to know that they have access to a safe vice, and there were—ayes 250, noes 178, ulation of gross mismanagement, harbor where information will be fully not voting 10, as follows:

VerDate Aug 31 2005 03:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.043 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2538 CONGRESSIONAL RECORD — HOUSE March 14, 2007 [Roll No. 149] Campbell (CA) Hunter Poe [Roll No. 150] Cannon Inglis (SC) Porter AYES—250 Cantor Issa Price (GA) AYES—159 Abercrombie Gonzalez Nadler Capito Jindal Pryce (OH) Aderholt Foxx Neugebauer Ackerman Gordon Napolitano Carter Johnson (IL) Putnam Akin Franks (AZ) Nunes Allen Green, Al Neal (MA) Castle Johnson, Sam Radanovich Alexander Frelinghuysen Paul Altmire Green, Gene Norton Chabot Jordan Ramstad Bachmann Gallegly Pearce Andrews Grijalva Oberstar Coble Keller Regula Bachus Garrett (NJ) Pence Cole (OK) King (IA) Arcuri Gutierrez Obey Rehberg Baker Gerlach Peterson (PA) Conaway King (NY) Baca Hall (NY) Olver Renzi Barrett (SC) Gingrey Pickering Crenshaw Kingston Baird Hare Ortiz Reynolds Biggert Gohmert Pitts Culberson Kirk Baldwin Harman Pallone Rogers (AL) Bilbray Goode Poe Davis (KY) Kline (MN) Barrow Hastings (FL) Pascrell Rogers (KY) Bilirakis Goodlatte Porter Davis, David Knollenberg Bartlett (MD) Herseth Pastor Rogers (MI) Bishop (UT) Graves Davis, Tom Kuhl (NY) Price (GA) Bean Higgins Payne Blackburn Hall (TX) Deal (GA) Lamborn Rohrabacher Pryce (OH) Becerra Hill Perlmutter Blunt Hastert Diaz-Balart, L. Latham Ros-Lehtinen Putnam Berkley Hinchey Peterson (MN) Roskam Boehner Hastings (WA) Radanovich Berman Hinojosa Diaz-Balart, M. LaTourette Bonner Hayes Pomeroy Royce Ramstad Berry Hirono Doolittle Lewis (CA) Bono Heller Price (NC) Ryan (WI) Rehberg Bishop (GA) Hodes Drake Lewis (KY) Boozman Hensarling Rahall Sali Renzi Bishop (NY) Holden Dreier Linder Brady (TX) Hobson Rangel Reynolds Blumenauer Holt Duncan Lucas Schmidt Buchanan Hunter Reichert Rogers (AL) Bordallo Honda Emerson Lungren, Daniel Sensenbrenner Burgess Inglis (SC) Reyes Rogers (KY) Boren Hooley English (PA) E. Sessions Burton (IN) Issa Rodriguez Everett Mack Shadegg Rogers (MI) Boswell Hoyer Ross Buyer Johnson, Sam Fallin Manzullo Shimkus Rohrabacher Boucher Inslee Rothman Calvert Jones (NC) Feeney Marchant Shuster Ros-Lehtinen Boustany Israel Roybal-Allard Camp (MI) Jordan Flake McCarthy (CA) Simpson Roskam Boyd (FL) Jackson (IL) Ruppersberger Campbell (CA) Keller Forbes McCaul (TX) Smith (NE) Royce Boyda (KS) Jackson-Lee Rush Cannon King (IA) Fortun˜ o McCotter Smith (TX) Ryan (WI) Brady (PA) (TX) Ryan (OH) Cantor King (NY) Braley (IA) Jefferson Fossella McCrery Souder Capito Kingston Sali Salazar Foxx McHenry Schmidt Brown, Corrine Johnson (GA) Sa´ nchez, Linda Stearns Carter Kline (MN) Butterfield Johnson, E. B. Franks (AZ) McHugh Sullivan Chabot Knollenberg Sensenbrenner T. Frelinghuysen McKeon Sessions Capps Jones (NC) Sanchez, Loretta Tancredo Coble Kuhl (NY) Capuano Kagen Gallegly McMorris Cole (OK) Lamborn Shadegg Sarbanes Thornberry Cardoza Kanjorski Garrett (NJ) Rodgers Conaway Latham Shimkus Schakowsky Tiberi Carnahan Kaptur Gerlach Mica Crenshaw Lewis (KY) Shuster Schiff Turner Carney Kennedy Gingrey Miller (FL) Culberson Linder Simpson Schwartz Upton Carson Kildee Gohmert Miller (MI) Davis (KY) Lucas Smith (NE) Scott (GA) Walberg Castor Kilpatrick Goode Miller, Gary Davis, David Lungren, Daniel Smith (TX) Scott (VA) Walsh (NY) Chandler Kind Goodlatte Musgrave Davis, Tom E. Souder Serrano Wamp Christensen Klein (FL) Graves Myrick Deal (GA) Manzullo Stearns Sestak Weldon (FL) Clarke Kucinich Hall (TX) Neugebauer Diaz-Balart, L. Marchant Sullivan Shays Weller Clay LaHood Hastert Nunes Diaz-Balart, M. McCarthy (CA) Terry Shea-Porter Westmoreland Cleaver Lampson Hastings (WA) Paul Doolittle McCaul (TX) Thornberry Whitfield Clyburn Langevin Sherman Hayes Pearce Drake McCotter Tiberi Cohen Lantos Shuler Heller Pence Wicker Dreier McCrery Turner Conyers Larsen (WA) Sires Hensarling Peterson (PA) Wilson (NM) Duncan McHenry Upton Cooper Larson (CT) Skelton Herger Petri Wilson (SC) Emerson McKeon Walberg Courtney Lee Slaughter Hobson Pickering Wolf English (PA) McMorris Wamp Cramer Levin Smith (NJ) Hoekstra Pitts Young (AK) Everett Rodgers Weldon (FL) Crowley Lewis (GA) Smith (WA) Hulshof Platts Young (FL) Fallin Mica Weller Snyder Cubin Lipinski NOT VOTING—10 Feeney Miller (FL) Westmoreland Cuellar LoBiondo Solis Flake Miller (MI) Whitfield Cummings Loebsack Space Brown (SC) Granger Saxton Forbes Miller, Gary Wilson (NM) Davis (AL) Lofgren, Zoe Spratt Costa Jones (OH) Tanner Fortun˜ o Musgrave Wilson (SC) Davis (CA) Lowey Stark Costello Meehan Fossella Myrick Young (AK) Davis (IL) Lynch Stupak Davis, Jo Ann Miller, George Davis, Lincoln Mahoney (FL) Sutton NOES—271 DeFazio Tauscher b 1658 Maloney (NY) Abercrombie Castor Faleomavaega DeGette Taylor Markey Messrs. PEARCE, CAMPBELL of Ackerman Chandler Farr Delahunt Terry Marshall California and DEAL of Georgia Allen Christensen Fattah DeLauro Thompson (CA) Matheson Altmire Clarke Ferguson Dent Thompson (MS) changed their vote from ‘‘aye’’ to ‘‘no.’’ Matsui Andrews Clay Filner Dicks Tiahrt Mrs. LOWEY and Messrs. BARTLETT McCarthy (NY) Arcuri Cleaver Fortenberry Dingell Tierney McCollum (MN) of Maryland, WALDEN of Oregon and Baca Clyburn Frank (MA) Doggett Towns McDermott ISRAEL changed their vote from ‘‘no’’ Baird Cohen Giffords Donnelly Udall (CO) McGovern Baldwin Conyers Gilchrest Doyle Udall (NM) to ‘‘aye.’’ McIntyre Barrow Cooper Gillibrand Edwards Van Hollen McNerney So the amendment was agreed to. Bartlett (MD) Costa Gillmor Ehlers Vela´ zquez McNulty The result of the vote was announced Barton (TX) Costello Gonzalez Ellison Visclosky Meek (FL) as above recorded. Bean Courtney Gordon Ellsworth Walden (OR) Meeks (NY) Becerra Cramer Green, Al Emanuel Walz (MN) AMENDMENT NO. 4 OFFERED BY MR. SALI Melancon Berkley Crowley Green, Gene Engel Wasserman Michaud The Acting CHAIRMAN. The pending Berman Cubin Grijalva Eshoo Schultz Millender- business is the demand for a recorded Berry Cuellar Hall (NY) Etheridge McDonald Waters Bishop (GA) Cummings Hare Faleomavaega vote on the amendment offered by the Miller (NC) Watson Bishop (NY) Davis (AL) Harman Farr Mitchell Watt gentleman from Idaho (Mr. SALI) on Blumenauer Davis (CA) Hastings (FL) Fattah Mollohan Waxman which further proceedings were post- Bordallo Davis (IL) Herger Ferguson Moore (KS) Weiner Boren Davis, Lincoln Herseth Filner poned and on which the noes prevailed Moore (WI) Welch (VT) Boswell DeFazio Higgins Fortenberry by voice vote. Moran (KS) Wexler Boucher DeGette Hill Frank (MA) Moran (VA) Wilson (OH) The Clerk will redesignate the Boustany Delahunt Hinchey Giffords Murphy (CT) Woolsey amendment. Boyd (FL) DeLauro Hinojosa Gilchrest Murphy, Patrick Wu Boyda (KS) Dent Hirono Gillibrand The Clerk redesignated the amend- Murphy, Tim Wynn Brady (PA) Dicks Hodes Gillmor ment. Murtha Yarmuth Braley (IA) Dingell Hoekstra RECORDED VOTE Brown, Corrine Doggett Holden NOES—178 The Acting CHAIRMAN. A recorded Brown-Waite, Donnelly Holt Aderholt Bilbray Brady (TX) vote has been demanded. Ginny Doyle Honda Akin Bilirakis Brown-Waite, Butterfield Edwards Hooley Alexander Bishop (UT) Ginny A recorded vote was ordered. Capps Ehlers Hoyer Bachmann Blackburn Buchanan The Acting CHAIRMAN. This will be Capuano Ellison Hulshof Bachus Blunt Burgess a 5-minute vote. Cardoza Ellsworth Inslee Baker Boehner Burton (IN) The vote was taken by electronic de- Carnahan Emanuel Israel Barrett (SC) Bonner Buyer Carney Engel Jackson (IL) Barton (TX) Bono Calvert vice, and there were—ayes 159, noes 271, Carson Eshoo Jackson-Lee Biggert Boozman Camp (MI) not voting 8, as follows: Castle Etheridge (TX)

VerDate Aug 31 2005 03:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.041 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2539 Jefferson Millender- Scott (VA) Is a separate vote demanded on any Lofgren, Zoe Pallone Smith (WA) Jindal McDonald Serrano further amendment reported from the Lowey Pascrell Snyder Johnson (GA) Miller (NC) Sestak Lynch Pastor Solis Johnson (IL) Mitchell Shays Committee of the Whole? Mahoney (FL) Payne Space Johnson, E. B. Mollohan Shea-Porter Mr. PRICE of Georgia. Mr. Speaker, I Maloney (NY) Perlmutter Spratt Jones (OH) Moore (KS) Sherman demand a re-vote on the Stupak Markey Peterson (MN) Stark Kagen Moore (WI) Shuler amendment. Marshall Pomeroy Stupak Kanjorski Moran (KS) Sires Matheson Price (NC) Sutton Kaptur Moran (VA) Skelton The SPEAKER pro tempore. Is a sep- Matsui Rahall Tauscher Kennedy Murphy (CT) Slaughter McCarthy (NY) Rangel arate vote demanded on any other Taylor Kildee Murphy, Patrick Smith (NJ) McCollum (MN) Reichert Terry Kilpatrick Murphy, Tim Smith (WA) amendment? If not, the Chair will put McDermott Renzi Kind Murtha Snyder them en gros. McGovern Reyes Thompson (CA) Kirk Nadler Solis The amendments were agreed to. McIntyre Rodriguez Thompson (MS) Tiahrt Klein (FL) Napolitano Space The SPEAKER pro tempore. The McNerney Ross Kucinich Neal (MA) Spratt McNulty Rothman Tierney LaHood Norton Stark Clerk will redesignate the amendment Meek (FL) Roybal-Allard Towns Lampson Oberstar Stupak on which a separate vote has been de- Meeks (NY) Ruppersberger Udall (CO) Langevin Obey Sutton manded. Melancon Rush Udall (NM) Lantos Olver Tancredo Michaud Ryan (OH) Van Hollen Larsen (WA) Ortiz Tauscher The text of the amendment is as fol- Millender- Salazar Vela´ zquez Larson (CT) Pallone Taylor lows: McDonald Sa´ nchez, Linda Visclosky LaTourette Pascrell Thompson (CA) Amendment No. 1 offered by Mr. STUPAK: Miller (NC) T. Walden (OR) Lee Pastor Thompson (MS) Page 28, line 19, strike ‘‘and’’. Mitchell Sanchez, Loretta Walz (MN) Levin Payne Tiahrt Mollohan Sarbanes Wasserman Lewis (CA) Perlmutter Tierney Page 28, line 21, strike ‘‘technical.’.’’ and Moore (KS) Schakowsky insert ‘‘technical; and’’. Schultz Lewis (GA) Peterson (MN) Towns Moore (WI) Schiff Waters Lipinski Petri Udall (CO) Page 28, after line 21, add the following: Moran (KS) Schwartz Watson LoBiondo Platts Udall (NM) Moran (VA) ‘‘(3) any action that restricts or prevents Scott (GA) Watt Loebsack Pomeroy Van Hollen Murphy (CT) Scott (VA) an employee or any person performing feder- Waxman Lofgren, Zoe Price (NC) Vela´ zquez ally funded research or analysis from pub- Murphy, Patrick Serrano Lowey Rahall Visclosky Weiner lishing in peer-reviewed journals or other Murphy, Tim Sestak Lynch Rangel Walden (OR) Murtha Shays Welch (VT) Mack Regula Walsh (NY) scientific publications or making oral pres- Nadler Shea-Porter Wexler Mahoney (FL) Reichert Walz (MN) entations at professional society meetings or Napolitano Sherman Wilson (OH) Maloney (NY) Reyes Wasserman other meetings of their peers.’’. Neal (MA) Shuler Woolsey Wu Markey Rodriguez Schultz The SPEAKER pro tempore. The Oberstar Sires Marshall Ross Waters Obey Skelton Wynn Matheson Rothman Watson question is on the amendment. Olver Slaughter Yarmuth Matsui Roybal-Allard Watt The question was taken; and the Ortiz Smith (NJ) Young (AK) McCarthy (NY) Ruppersberger Waxman Speaker pro tempore announced that McCollum (MN) Rush Weiner NAYS—173 McDermott Ryan (OH) Welch (VT) the ayes appeared to have it. McGovern Salazar Wexler Mr. PRICE of Georgia. Mr. Speaker, Aderholt Foxx Miller (MI) McHugh Sa´ nchez, Linda Wicker on that I demand the yeas and nays. Akin Franks (AZ) Miller, Gary McIntyre T. Wilson (OH) Alexander Frelinghuysen Musgrave McNerney Sanchez, Loretta Wolf The yeas and nays were ordered. Bachmann Gallegly Myrick McNulty Sarbanes Woolsey The vote was taken by electronic de- Bachus Garrett (NJ) Neugebauer Meek (FL) Schakowsky Wu vice, and there were—yeas 252, nays Baker Gerlach Nunes Barrett (SC) Gingrey Meeks (NY) Schiff Wynn 173, not voting 8, as follows: Paul Melancon Schwartz Yarmuth Barton (TX) Gohmert Pearce Michaud Scott (GA) Young (FL) [Roll No. 151] Biggert Goode Pence Bilbray Goodlatte YEAS—252 Peterson (PA) NOT VOTING—8 Bilirakis Graves Petri Abercrombie Brown (SC) Gutierrez Saxton Courtney Harman Bishop (UT) Hall (TX) Pickering Ackerman Cramer Hastings (FL) Blackburn Hastert Davis, Jo Ann Meehan Tanner Pitts Allen Granger Miller, George Crowley Herseth Blunt Hastings (WA) Platts Altmire Cubin Higgins Boehner Hayes Poe Andrews Cuellar Hill Bonner Heller Porter b 1708 Arcuri Cummings Hinchey Bono Hensarling Price (GA) Baca Davis (AL) Hinojosa Boozman Herger So the amendment was rejected. Pryce (OH) Baird Davis (CA) Hirono Brady (TX) Hobson Putnam The result of the vote was announced Baldwin Davis (IL) Hodes Brown-Waite, Hoekstra Radanovich as above recorded. Barrow Davis, Lincoln Holden Ginny Hulshof Ramstad Bartlett (MD) DeFazio Holt Buchanan Hunter The Acting CHAIRMAN. There being Regula Bean DeGette Honda Burgess Inglis (SC) Rehberg no further amendments, the Com- Becerra Delahunt Hooley Burton (IN) Issa Reynolds mittee rises. Berkley DeLauro Hoyer Buyer Jindal Rogers (AL) Berman Dent Inslee Calvert Johnson, Sam Accordingly, the Committee rose; Rogers (KY) and the Speaker pro tempore (Mr. Berry Dicks Israel Camp (MI) Jordan Bishop (GA) Dingell Jackson (IL) Campbell (CA) Keller Rogers (MI) SCOTT of Georgia) having assumed the Bishop (NY) Doggett Jackson-Lee Cannon King (IA) Rohrabacher chair, Mr. ROSS, Acting Chairman of Blumenauer Donnelly (TX) Cantor King (NY) Ros-Lehtinen the Committee of the Whole House on Boren Doyle Jefferson Capito Kingston Roskam Boswell Edwards Johnson (GA) Carter Kirk Royce the state of the Union, reported that Boucher Ehlers Johnson (IL) Castle Kline (MN) Ryan (WI) that Committee, having had under con- Boustany Ellison Johnson, E. B. Chabot Knollenberg Sali sideration the bill (H.R. 985) to amend Boyd (FL) Ellsworth Jones (NC) Coble Kuhl (NY) Schmidt Sensenbrenner title 5, United States Code, to clarify Boyda (KS) Emanuel Jones (OH) Cole (OK) Lamborn Brady (PA) Engel Kagen Conaway Latham Sessions which disclosures of information are Braley (IA) Eshoo Kanjorski Crenshaw LaTourette Shadegg protected from prohibited personnel Brown, Corrine Etheridge Kaptur Culberson Lewis (CA) Shimkus practices; to require a statement in Butterfield Farr Kennedy Davis (KY) Lewis (KY) Shuster Capps Fattah Kildee Davis, David Linder Simpson nondisclosure policies, forms, and Capuano Ferguson Kilpatrick Davis, Tom Lucas Smith (NE) agreements to the effect that such poli- Cardoza Filner Kind Deal (GA) Lungren, Daniel Smith (TX) cies, forms, and agreements are con- Carnahan Fortenberry Klein (FL) Diaz-Balart, L. E. Souder sistent with certain disclosure protec- Carney Frank (MA) Kucinich Diaz-Balart, M. Mack Stearns Carson Giffords LaHood Doolittle Manzullo Sullivan tions, and for other purposes, pursuant Castor Gilchrest Lampson Drake Marchant Tancredo to House Resolution 239, he reported Chandler Gillibrand Langevin Dreier McCarthy (CA) Thornberry the bill, as amended by that resolution, Clarke Gillmor Lantos Duncan McCaul (TX) Tiberi Clay Gonzalez Larsen (WA) Emerson McCotter Turner back to the House with sundry further Cleaver Gordon Larson (CT) English (PA) McCrery Upton amendments adopted by the Com- Clyburn Green, Al Lee Everett McHenry Walberg mittee of the Whole. Cohen Green, Gene Levin Fallin McHugh Walsh (NY) The SPEAKER pro tempore. Under Conyers Grijalva Lewis (GA) Feeney McKeon Wamp Cooper Gutierrez Lipinski Flake McMorris Weldon (FL) the rule, the previous question is or- Costa Hall (NY) LoBiondo Forbes Rodgers Weller dered. Costello Hare Loebsack Fossella Mica Westmoreland

VerDate Aug 31 2005 03:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.044 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2540 CONGRESSIONAL RECORD — HOUSE March 14, 2007 Whitfield Wilson (NM) Wolf regard for the fact that Americans are used determined by its frequency or repetitive- Wicker Wilson (SC) Young (FL) to expressions of disagreement on controver- ness, and severity; NOT VOTING—8 sial subjects, including religious ones; (18) failing to accommodate an employee’s exercise of their religion unless such accom- Brown (SC) Meehan Saxton (8) failing to permit an employee to engage Davis, Jo Ann Miller (FL) Tanner in private religious expression in personal modation would impose an undue hardship Granger Miller, George work areas not regularly open to the public on the conduct of the agency’s operations, based on real rather than speculative or hy- b 1727 to the same extent that they may engage in nonreligious private expression, subject to pothetical cost and without disfavoring So the amendment was agreed to. reasonable content- and viewpoint-neutral other, nonreligious accommodations; and The result of the vote was announced standards and restrictions; (19) in those cases where an agency’s work as above recorded. (9) failing to permit an employee to engage rule imposes a substantial burden on a par- The SPEAKER pro tempore. The in religious expression with fellow employ- ticular employee’s exercise of religion, fail- question is on the engrossment and ees, to the same extent that they may ening to grant the employee an exemption third reading of the bill. gage in comparable nonreligious private ex- from that rule, absent a compelling interest The bill was ordered to be engrossed pression, subject to reasonable and content- in denying the exemption and where there is and read a third time, and was read the neutral standards and restrictions; no less restrictive means of furthering that third time. (10) failing to permit an employee to en- interest. gage in religious expression directed at fel- (c) RULE OF CONSTRUCTION.—Nothing in b 1730 low employees, and may even attempt to this section shall be construed to create any MOTION TO RECOMMIT OFFERED BY MR. persuade fellow employees of the correctness new right, benefit, or trust responsibility, WESTMORELAND of their religious views, to the same extent substantive or procedural, enforceable at law Mr. WESTMORELAND. Mr. Speaker, as those employees may engage in com- or equity by a party against the United I offer a motion to recommit. parable speech not involving religion; States, its agencies, its officers, or any per- The SPEAKER pro tempore. Is the (11) inhibiting an employee from urging a son. gentleman opposed to the bill? colleague to participate or not to participate Mr. WESTMORELAND (during the Mr. WESTMORELAND. I am in its in religious activities to the same extent reading). Mr. Speaker, I ask unanimous that, consistent with concerns of workplace present form, Mr. Speaker. consent that the motion be considered The SPEAKER pro tempore. The efficiency, they may urge their colleagues to engage in or refrain from other personal en- as read and printed in the RECORD. Clerk will report the motion to recom- deavors, except that the employee must re- The SPEAKER pro tempore. Is there mit. frain from such expression when a fellow em- objection to the request of the gen- The Clerk read as follows: ployee asks that it stop or otherwise dem- tleman from Georgia? Mr. Westmoreland moves to recommit the onstrates that it is unwelcome; There was no objection. bill H.R. 985 to the Committee on Oversight (12) failing to prohibit expression that is and Government Reform with instructions part of a larger pattern of verbal attacks on The SPEAKER pro tempore. Pursu- that the Committee report the same back to fellow employees (or a specific employee) not ant to the rule, the gentleman from the House forthwith with the following sharing the faith of the speaker; Georgia is recognized for 5 minutes in amendments: (13) preventing an employee from— support of his motion. Page 28, line 13, before ‘‘Section’’ insert (A) wearing personal religious jewelry ab- Mr. WESTMORELAND. Mr. Speaker, ‘‘(a) IN GENERAL.—ll’’. sent special circumstances (such as safety Page 28, line 19, strike ‘‘and’’. I offer this motion to recommit with concerns) that might require a ban on all Page 28, line 21, strike ‘‘.’.’’ and insert ‘‘; instructions. and’’. similar nonreligious jewelry; or Page 28, after line 21, insert the following: (B) displaying religious art and literature One of the most confusing areas of ‘‘(4) any action that discriminates for or in their personal work areas to the same ex- public life for most Americans involves against any employee or applicant for em- tent that they may display other art and lit- to what extent a person may express ployment on the basis of religion, as defined erature, so long as the viewing public would their personal religious views. Every- by section 13(b) of the Whistleblower Protec- reasonably understand the religious expres- one believes they have complete reli- tion Enhancement Act of 2007.’’. sion to be that of the employee acting in her gious freedom and yet the media often personal capacity, and not that of the gov- Page 28, after line 21 (following the matter reports instances where courts or ad- inserted by the previous amendment), add ernment itself; the following: (14) prohibiting an employee from using ministrators say people may not ex- (b) DEFINITION.—As used in section their private time to discuss religion with press their religious faith. The unfortu- 2302(f)(3) of title 5, United States Code (as willing coworkers in public spaces to the nate result of this confusion is that amended by subsection (a)), the term ‘‘on the same extent as they may discuss other sub- people tend to self-censor their behav- basis of religion’’ means— jects, so long as the public would reasonably ior. (1) prohibiting personal religious expres- understand the religious expression to be In 1997, the Clinton administration sion by Federal employees to the greatest that of the employees acting in their per- extent possible, consistent with require- sonal capacities; sent out guidelines to all Federal agen- ments of law and interests in workplace effi- (15) discriminating against an employee on cies that specifically detailed an em- ciency; the basis of their religion, religious beliefs, ployee’s right to religious expression in (2) requiring religious participation or non- or views concerning their religion by pro- the workplace. As then-President Clin- participation as a condition of employment, moting, refusing to promote, hiring, refusing ton said in his remarks on the execu- or permitting religious harassment; to hire, or otherwise favoring or disfavoring, tive memorandum, ‘‘Religious freedom (3) failing to accommodate employees’ ex- an employee or potential employee because is at the heart of what it means to be ercise of their religion; of his or her religion, religious beliefs, or an American and at the heart of our (4) failing to treat all employees with the views concerning religion, or by explicitly or journey to become truly one America.’’ same respect and consideration, regardless of implicitly, insisting that the employee par- their religion (or lack thereof); ticipate in religious activities as a condition America continues to see ever-grow- (5) restricting personal religious expression of continued employment, promotion, salary ing and diverse forms of religious ex- by employees in the Federal workplace ex- increases, preferred job assignments, or any pression, and unfortunately we have cept where the employee’s interest in the ex- other incidents of employment or insisting also seen an increase in the attempts pression is outweighed by the government’s that an employee refrain from participating to undermine religious freedom and ex- interest in the efficient provision of public in religious activities outside the workplace pression. services or where the expression intrudes except pursuant to otherwise legal, neutral upon the legitimate rights of other employ- restrictions that apply to employees’ off- So, as we consider this bill, we should ees or creates the appearance, to a reason- duty conduct and expression in general (such be clear that the Federal employees do able observer, of an official endorsement of as restrictions on political activities prohib- not have to check their faith at the religion; ited by the Hatch Act); door of their workplace and are pro- (6) regulating employees’ personal reli- (16) prohibiting a supervisor’s religious ex- tected under this bill if they do report gious expression on the basis of its content pression where it is not coercive and is un- violations of the current Clinton-era or viewpoint, or suppressing employees’ pri- derstood to be his or her personal view, in guidelines. In fact, it is often their vate religious speech in the workplace while the same way and to the same extent as faith that makes them the compas- leaving unregulated other private employee other constitutionally valued speech; speech that has a comparable effect on the (17) permitting a hostile environment, or sionate social worker in the employ- efficiency of the workplace, including ideo- religious harassment, in the form of reli- ment office, the loving teacher in the logical speech on politics and other topics; giously discriminatory intimidation, or per- Head Start program and the caring (7) failing to exercise their authority in an vasive or severe religious ridicule or insult, medical professionals treating our evenhanded and restrained manner, and with whether by supervisors or fellow workers, as wounded soldiers.

VerDate Aug 31 2005 04:39 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.046 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2541 There is nothing more personal than The SPEAKER pro tempore. Without Kilpatrick Moran (VA) Sessions a person’s faith, and our Federal em- objection, the previous question is or- Kind Murphy (CT) Sestak King (IA) Murphy, Patrick Shadegg ployees deserve to know that they can- dered on the motion to recommit. King (NY) Murphy, Tim Shays not be forced to check their quality of There was no objection. Kingston Murtha Shea-Porter life at the door. As such, this motion The SPEAKER pro tempore. The Kirk Musgrave Sherman provides that it is an abuse of author- Klein (FL) Myrick Shimkus question is on the motion to recommit. Kline (MN) Nadler Shuler ity for Federal agencies to prevent a The question was taken; and the Knollenberg Napolitano Shuster Federal employee from blowing the Speaker pro tempore announced that Kucinich Neal (MA) Simpson whistle on instances of retaliation the ayes appeared to have it. Kuhl (NY) Neugebauer Sires against permissible religious exercise LaHood Nunes Skelton RECORDED VOTE Lamborn Oberstar and expression in the workplace. Slaughter Mr. WESTMORELAND. Mr. Speaker, Lampson Obey Smith (NE) The definition of permissible reli- Langevin Olver Smith (NJ) I demand a recorded vote. Lantos Ortiz gious exercise and expression is drawn Smith (TX) Larsen (WA) Pallone A recorded vote was ordered. Smith (WA) from President Clinton’s 1997 memo- Larson (CT) Pascrell The SPEAKER pro tempore. Pursu- Snyder randum to Federal agencies regarding Latham Pastor Solis religious expression in the Federal ant to clause 9 of rule XX, the Chair LaTourette Paul Souder workplace. It includes, for example, will reduce to 5 minutes the minimum Lee Payne Levin Pearce Space the ability of Federal employees to time for any electronic vote on the Spratt question of passage. Lewis (CA) Pence have a Bible on their desk, wear a reli- Lewis (GA) Perlmutter Stark gious emblem on their clothing, or to The vote was taken by electronic de- Lewis (KY) Peterson (MN) Stearns vice, and there were—ayes 426, noes 0, Linder Peterson (PA) Stupak express their views to other employees. Sullivan not voting 7, as follows: Lipinski Petri It also includes provisions protecting LoBiondo Pickering Sutton against discrimination, harassment [Roll No. 152] Loebsack Pitts Tancredo and coercion. AYES—426 Lofgren, Zoe Platts Tauscher I believe this is an important addi- Lowey Poe Taylor Abercrombie Chabot Franks (AZ) Lucas Pomeroy Terry tion to this bill, Mr. Speaker, and I Ackerman Chandler Frelinghuysen Lungren, Daniel Porter Thompson (CA) urge my colleagues to support the addi- Aderholt Clarke Gallegly E. Price (GA) Thompson (MS) tion of this language. Akin Clay Garrett (NJ) Lynch Price (NC) Thornberry Mr. Speaker, I yield back the balance Alexander Cleaver Gerlach Mack Pryce (OH) Tiahrt Allen Clyburn Giffords of my time. Mahoney (FL) Putnam Tiberi Altmire Coble Gilchrest Maloney (NY) Radanovich Tierney Mr. TIERNEY. Mr. Speaker, I am not Andrews Cohen Gillibrand Manzullo Rahall Towns opposing the motion, but I ask unani- Arcuri Cole (OK) Gillmor Marchant Ramstad Turner mous consent to claim the time in op- Baca Conaway Gingrey Markey Rangel Udall (CO) Bachmann Conyers Gohmert Marshall Regula Udall (NM) position. Bachus Cooper Gonzalez Matheson Rehberg Upton The SPEAKER pro tempore. Is there Baird Costa Goode Matsui Reichert Van Hollen Baker Costello Goodlatte objection to the request of the gen- McCarthy (CA) Renzi Vela´ zquez Baldwin Courtney Gordon tleman from Massachusetts? McCarthy (NY) Reyes Visclosky Barrett (SC) Cramer Graves There was no objection. McCaul (TX) Reynolds Walberg Barrow Crenshaw Green, Al McCollum (MN) Rodriguez Mr. TIERNEY. Mr. Speaker, we are Bartlett (MD) Crowley Green, Gene Walden (OR) McCotter Rogers (AL) Walsh (NY) prepared to accept this motion, and as- Barton (TX) Cubin Grijalva McCrery Rogers (KY) Bean Cuellar Gutierrez Walz (MN) sume that means we will have una- McDermott Rogers (MI) Wamp Becerra Culberson Hall (NY) McGovern Rohrabacher nimity on final passage. Wasserman Berkley Cummings Hall (TX) McHenry Ros-Lehtinen This appears to track President Clin- Schultz Berman Davis (AL) Hare McHugh Roskam Waters ton’s executive order, and it is, in fact, Berry Davis (CA) Harman McIntyre Ross Watson current law. To that extent, we have no Biggert Davis (IL) Hastert McKeon Rothman Watt Bilbray Davis (KY) Hastings (FL) McMorris Roybal-Allard difficulty in accepting it. Waxman The motion to recommit seems to ex- Bilirakis Davis, David Hastings (WA) Rodgers Royce Bishop (GA) Davis, Lincoln Hayes McNerney Ruppersberger Weiner tend the coverage of the Whistleblower Bishop (NY) Davis, Tom Heller McNulty Rush Welch (VT) Protection Act to whistleblowers who Bishop (UT) Deal (GA) Hensarling Meek (FL) Ryan (OH) Weldon (FL) report violations of President Clinton’s Blackburn DeFazio Herger Meeks (NY) Ryan (WI) Weller Westmoreland guidelines of religious exercise and re- Blumenauer DeGette Herseth Melancon Salazar Blunt Delahunt Higgins Mica Sali Wexler ligious expression in the Federal work- Boehner DeLauro Hill Michaud Sa´ nchez, Linda Whitfield place. Bonner Dent Hinchey Millender- T. Wicker The guidelines apply to all civilian Bono Diaz-Balart, L. Hinojosa McDonald Sanchez, Loretta Wilson (NM) executive branch agencies, officials, Boozman Diaz-Balart, M. Hirono Miller (FL) Sarbanes Wilson (OH) Boren Dicks Hobson Miller (MI) Schakowsky Wilson (SC) and employees of the Federal work- Boswell Dingell Hodes Miller (NC) Schiff Wolf force, they specify which religious ex- Boucher Doggett Hoekstra Miller, Gary Schmidt Woolsey pressions by covered employees, and Boustany Donnelly Holden Mitchell Schwartz Wu under what circumstances, are per- Boyd (FL) Doolittle Holt Mollohan Scott (GA) Wynn Boyda (KS) Doyle Honda Moore (KS) Scott (VA) Yarmuth mitted or may be regulated or prohib- Brady (PA) Drake Hooley Moore (WI) Sensenbrenner Young (AK) ited. Brady (TX) Dreier Hoyer Moran (KS) Serrano Young (FL) The guidelines were issued by Presi- Braley (IA) Duncan Hulshof Brown, Corrine Edwards Hunter NOT VOTING—7 dent Clinton to clarify how to address Brown-Waite, Ehlers Inglis (SC) the sometimes difficult situations in Brown (SC) Meehan Tanner Ginny Ellison Inslee Davis, Jo Ann Miller, George the workplace where an agency must Buchanan Ellsworth Israel Granger Saxton balance the free expression rights of Burgess Emanuel Issa Burton (IN) Emerson Jackson (IL) b 1758 Federal workers with the rights of Butterfield Engel Jackson-Lee other workers and the obligation of Buyer English (PA) (TX) Mr. SHERMAN changed his vote Federal authorities not to engage in Calvert Eshoo Jefferson from ‘‘no’’ to ‘‘aye.’’ the official promotion of religion. Camp (MI) Etheridge Jindal So the motion to recommit was Campbell (CA) Everett Johnson (GA) By providing greater clarity, the Cannon Fallin Johnson (IL) agreed to. guidelines have helped to avoid con- Cantor Farr Johnson, E. B. The result of the vote was announced flicts in the Federal workplace over Capito Fattah Johnson, Sam as above recorded. the balance between religious expres- Capps Feeney Jones (NC) Mr. BRALEY of Iowa. Mr. Speaker, Capuano Ferguson Jones (OH) sion and the obligations of the Federal Cardoza Filner Jordan pursuant to the instructions of the Government to the Constitution, other Carnahan Flake Kagen House on the motion to recommit, I re- employees and the general public. Carney Forbes Kanjorski port the bill, H.R. 985, back to the With that, as I said, it seems to track Carson Fortenberry Kaptur House with an amendment. Carter Fossella Keller that executive order; and if it does, we Castle Foxx Kennedy The SPEAKER pro tempore. The are happy to accept it. Castor Frank (MA) Kildee Clerk will report the amendment.

VerDate Aug 31 2005 03:28 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.102 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2542 CONGRESSIONAL RECORD — HOUSE March 14, 2007 The Clerk read as follows: fellow employees (or a specific employee) not The amendment was agreed to. Amendment: sharing the faith of the speaker; The SPEAKER pro tempore. The Page 28, line 13, before ‘‘Section’’ insert (13) preventing an employee from— question is on the engrossment and (A) wearing personal religious jewelry ab- ‘‘(a) IN GENERAL.—ll’’. third reading of the bill. Page 28, line 19, strike ‘‘and’’. sent special circumstances (such as safety Page 28, line 21, strike ‘‘.’.’’ and insert ‘‘; concerns) that might require a ban on all The bill was ordered to be engrossed and’’. similar nonreligious jewelry; or and read a third time, and was read the Page 28, after line 21, insert the following: (B) displaying religious art and literature third time. ‘‘(4) any action that discriminates for or in their personal work areas to the same ex- The SPEAKER pro tempore. The against any employee or applicant for em- tent that they may display other art and lit- question is on the passage of the bill. ployment on the basis of religion, as defined erature, so long as the viewing public would by section 13(b) of the Whistleblower Protec- reasonably understand the religious expres- The question was taken; and the tion Enhancement Act of 2007.’’. sion to be that of the employee acting in her Speaker pro tempore announced that Page 28, after line 21 (following the matter personal capacity, and not that of the gov- the noes appeared to have it. inserted by the previous amendment), add ernment itself; Mr. BRALEY of Iowa. Mr. Speaker, the following: (14) prohibiting an employee from using on that I demand the yeas and nays. (b) DEFINITION.—As used in section their private time to discuss religion with The yeas and nays were ordered. 2302(f)(3) of title 5, United States Code (as willing coworkers in public spaces to the amended by subsection (a)), the term ‘‘on the same extent as they may discuss other sub- The SPEAKER pro tempore. This basis of religion’’ means— jects, so long as the public would reasonably will be a 5-minute vote. (1) prohibiting personal religious expres- understand the religious expression to be The vote was taken by electronic de- sion by Federal employees to the greatest that of the employees acting in their per- vice, and there were—yeas 331, nays 94, extent possible, consistent with require- sonal capacities; not voting 8, as follows: ments of law and interests in workplace effi- (15) discriminating against an employee on ciency; the basis of their religion, religious beliefs, [Roll No. 153] (2) requiring religious participation or non- or views concerning their religion by pro- YEAS—331 participation as a condition of employment, moting, refusing to promote, hiring, refusing or permitting religious harassment; Abercrombie Davis (AL) Honda to hire, or otherwise favoring or disfavoring, Ackerman Davis (CA) Hooley (3) failing to accommodate employees’ ex- an employee or potential employee because Alexander Davis (IL) Hoyer ercise of their religion; of his or her religion, religious beliefs, or Allen Davis, Lincoln Hulshof (4) failing to treat all employees with the views concerning religion, or by explicitly or Altmire Davis, Tom Inslee same respect and consideration, regardless of implicitly, insisting that the employee par- Andrews DeFazio Israel their religion (or lack thereof); ticipate in religious activities as a condition Arcuri DeGette Issa Baca Delahunt Jackson (IL) (5) restricting personal religious expression of continued employment, promotion, salary by employees in the Federal workplace ex- Bachus DeLauro Jackson-Lee increases, preferred job assignments, or any Baird Dent (TX) cept where the employee’s interest in the ex- other incidents of employment or insisting Baldwin Diaz-Balart, L. Jefferson pression is outweighed by the government’s that an employee refrain from participating Barrow Diaz-Balart, M. Jindal interest in the efficient provision of public in religious activities outside the workplace Bartlett (MD) Dicks Johnson (GA) services or where the expression intrudes except pursuant to otherwise legal, neutral Barton (TX) Dingell Johnson (IL) upon the legitimate rights of other employ- restrictions that apply to employees’ off- Bean Doggett Johnson, E. B. Becerra Donnelly Jones (NC) ees or creates the appearance, to a reason- duty conduct and expression in general (such able observer, of an official endorsement of Berkley Doolittle Jones (OH) as restrictions on political activities prohib- Berman Doyle Kagen religion; ited by the Hatch Act); Berry Drake Kanjorski (6) regulating employees’ personal reli- (16) prohibiting a supervisor’s religious ex- Bilbray Edwards Kaptur gious expression on the basis of its content pression where it is not coercive and is un- Bilirakis Ehlers Keller or viewpoint, or suppressing employees’ pri- derstood to be his or her personal view, in Bishop (GA) Ellison Kennedy vate religious speech in the workplace while the same way and to the same extent as Bishop (NY) Ellsworth Kildee Blumenauer Emanuel Kilpatrick leaving unregulated other private employee other constitutionally valued speech; speech that has a comparable effect on the Bono Emerson Kind (17) permitting a hostile environment, or Boozman Engel King (NY) efficiency of the workplace, including ideo- religious harassment, in the form of reli- Boren English (PA) Kirk logical speech on politics and other topics; giously discriminatory intimidation, or per- Boswell Eshoo Klein (FL) (7) failing to exercise their authority in an vasive or severe religious ridicule or insult, Boucher Etheridge Kucinich evenhanded and restrained manner, and with whether by supervisors or fellow workers, as Boustany Farr Kuhl (NY) regard for the fact that Americans are used determined by its frequency or repetitive- Boyd (FL) Fattah LaHood Boyda (KS) Ferguson Lampson to expressions of disagreement on controver- ness, and severity; sial subjects, including religious ones; Brady (PA) Filner Langevin (18) failing to accommodate an employee’s Braley (IA) Fortenberry Lantos (8) failing to permit an employee to engage exercise of their religion unless such accom- Brown, Corrine Fossella Larsen (WA) in private religious expression in personal modation would impose an undue hardship Brown-Waite, Frank (MA) Larson (CT) work areas not regularly open to the public on the conduct of the agency’s operations, Ginny Frelinghuysen LaTourette to the same extent that they may engage in based on real rather than speculative or hy- Buchanan Gerlach Lee nonreligious private expression, subject to pothetical cost and without disfavoring Burton (IN) Giffords Levin Butterfield Gilchrest Lewis (CA) reasonable content- and viewpoint-neutral other, nonreligious accommodations; and standards and restrictions; Calvert Gillibrand Lewis (GA) (19) in those cases where an agency’s work Camp (MI) Gillmor Lipinski (9) failing to permit an employee to engage rule imposes a substantial burden on a par- Capito Gohmert LoBiondo in religious expression with fellow employ- ticular employee’s exercise of religion, fail- Capps Gonzalez Loebsack ees, to the same extent that they may ening to grant the employee an exemption Capuano Goode Lofgren, Zoe gage in comparable nonreligious private ex- from that rule, absent a compelling interest Cardoza Goodlatte Lowey pression, subject to reasonable and content- in denying the exemption and where there is Carnahan Gordon Lucas Carney Graves Lynch neutral standards and restrictions; no less restrictive means of furthering that (10) failing to permit an employee to en- Carson Green, Al Mahoney (FL) interest. Castle Green, Gene Maloney (NY) gage in religious expression directed at fel- (c) RULE OF CONSTRUCTION.—Nothing in Castor Grijalva Manzullo low employees, and may even attempt to this section shall be construed to create any Chabot Gutierrez Markey persuade fellow employees of the correctness new right, benefit, or trust responsibility, Chandler Hall (NY) Marshall of their religious views, to the same extent substantive or procedural, enforceable at law Clarke Hall (TX) Matheson as those employees may engage in com- or equity by a party against the United Clay Hare Matsui parable speech not involving religion; States, its agencies, its officers, or any per- Cleaver Harman McCarthy (NY) (11) inhibiting an employee from urging a son. Clyburn Hastings (FL) McCaul (TX) Coble Hayes McCollum (MN) colleague to participate or not to participate Mr. BRALEY of Iowa (during the Cohen Heller McCrery in religious activities to the same extent reading). Mr. Speaker, I ask unanimous Cole (OK) Herger McDermott that, consistent with concerns of workplace consent that the amendment be consid- Conyers Herseth McGovern efficiency, they may urge their colleagues to Cooper Higgins McHugh engage in or refrain from other personal en- ered as read and printed in the RECORD. Costa Hill McIntyre deavors, except that the employee must re- The SPEAKER pro tempore. Is there Costello Hinchey McMorris frain from such expression when a fellow em- objection to the request of the gen- Courtney Hinojosa Rodgers tleman from Iowa? Cramer Hirono McNerney ployee asks that it stop or otherwise dem- Crenshaw Hobson McNulty onstrates that it is unwelcome; There was no objection. Crowley Hodes Meek (FL) (12) failing to prohibit expression that is The SPEAKER pro tempore. The Cuellar Holden Meeks (NY) part of a larger pattern of verbal attacks on question is on the amendment. Cummings Holt Melancon

VerDate Aug 31 2005 03:28 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.119 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2543 Michaud Reichert Sullivan GENERAL LEAVE should have provided adequate train- Millender- Renzi Sutton ing, experience and oversight. He is McDonald Reyes Tauscher Mr. BRALEY of Iowa. Mr. Speaker, I Miller (MI) Rodriguez Taylor ask unanimous consent that all Mem- right. Miller (NC) Rohrabacher Terry bers may have 5 legislative days in But it also ignores what may have Mitchell Ros-Lehtinen Thompson (CA) been one of the underlying contribu- Mollohan Roskam which to revise and extend their re- Thompson (MS) tors to the ultimate problem now re- Moore (KS) Ross Tiahrt marks on H.R. 985, the Whistleblower Moore (WI) Rothman Tiberi Protection Enhancement Act of 2007. vealed. Director Mueller has for some Moran (KS) Roybal-Allard Tierney time now changed personnel policies at Moran (VA) Royce The SPEAKER pro tempore. Is there Murphy (CT) Ruppersberger Towns objection to the request of the gen- the FBI that he knew would drive out Murphy, Patrick Rush Turner tleman from Iowa? some of his best agents with the most Murphy, Tim Ryan (OH) Udall (CO) and best experience to handle such Udall (NM) There was no objection. Murtha Ryan (WI) very sensitive PATRIOT Act powers. Nadler Salazar Upton f Napolitano Sa´ nchez, Linda Van Hollen When a director decides that his poli- Neal (MA) T. Vela´ zquez REPORT ON RESOLUTION PRO- cies are far wiser than others, even as Nunes Sanchez, Loretta Visclosky VIDING FOR CONSIDERATION OF he sees that he is driving many of his Oberstar Sarbanes Walden (OR) best, most experienced agents and em- Obey Schakowsky Walsh (NY) H.R. 1362, ACCOUNTABILITY IN Olver Schiff Walz (MN) CONTRACTING ACT ployees out of their supervisory roles, Ortiz Schwartz Wasserman Ms. CASTOR, from the Committee on he has an even greater burden to see Pallone Scott (GA) Schultz that his agents are trained. Pascrell Scott (VA) Rules, submitted a privileged report Waters Some tried to advise him of the dam- Pastor Serrano Watson (Rept. No. 110–49) on the resolution (H. Paul Sestak Watt Res. 242) providing for consideration of age to the ranks of experience that he Payne Shays Waxman was causing by what he thought to be Perlmutter Shea-Porter the bill (H.R. 1362) to reform acquisi- Weiner Peterson (MN) Sherman innovative personnel management. He Welch (VT) tion practices of the Federal Govern- Peterson (PA) Shimkus did not listen, and he did not ensure Weller ment, which was referred to the House Petri Shuler Wexler that the turnover he was creating left Pickering Sires Calendar and ordered to be printed. Whitfield adequately trained personnel. Platts Skelton f Poe Slaughter Wicker It is a wonderful thing when a leader Pomeroy Smith (NJ) Wilson (OH) ELECTION OF MEMBERS TO JOINT goes against all the critics to do what Wilson (SC) Porter Smith (WA) COMMITTEE ON PRINTING AND he knows to be right, and he is, in fact, Price (NC) Snyder Wolf Pryce (OH) Solis Woolsey JOINT COMMITTEE OF CONGRESS right. However, when a leader goes Rahall Space Wu ON THE LIBRARY against critics who tried to tell him he Ramstad Spratt Wynn was wrong, and he is later proved to be Ms. MILLENDER-MCDONALD. Mr. Rangel Stark Yarmuth quite wrong, he should do the noble Regula Stupak Young (AK) Speaker, I offer a resolution (H. Res. thing and step down without further 244) and I ask unanimous consent for NAYS—94 ado. its immediate consideration in the Director Mueller has stated himself Aderholt Franks (AZ) Neugebauer House. Akin Gallegly Pearce he must take the responsibility, and he The Clerk read the resolution, as fol- Bachmann Garrett (NJ) Pence is right. He must and he should. He Baker Gingrey Pitts lows: Barrett (SC) Hastert should step down. Price (GA) H. RES. 244 Biggert Hastings (WA) Putnam f Bishop (UT) Hensarling Radanovich Resolved, Blackburn Hoekstra Rehberg SECTION 1. ELECTION OF MEMBERS TO JOINT OUR NATION MUST SHOW RE- Blunt Hunter Reynolds COMMITTEE ON PRINTING AND SOLVE AGAINST THE IRANIAN Boehner Inglis (SC) Rogers (AL) JOINT COMMITTEE OF CONGRESS Bonner Johnson, Sam NUCLEAR THREAT Rogers (KY) ON THE LIBRARY. Brady (TX) Jordan Rogers (MI) (a) JOINT COMMITTEE ON PRINTING.—The (Mr. CANTOR asked and was given Burgess King (IA) Sali Buyer Kingston following Members are hereby elected to the permission to address the House for 1 Schmidt Campbell (CA) Kline (MN) Joint Committee on Printing, to serve with minute and to revise and extend his re- Sensenbrenner Cannon Knollenberg the chair of the Committee on House Admin- marks.) Cantor Lamborn Sessions istration: Shadegg Mr. CANTOR. Mr. Speaker, recently Carter Latham (1) Mr. Brady of Pennsylvania. Shuster Conaway Lewis (KY) (2) Mr. Capuano. some Members of the House have pro- Cubin Linder Simpson posed using the supplemental appro- Smith (NE) (3) Mr. Ehlers. Culberson Lungren, Daniel priations bill to restrict the Presi- Davis (KY) E. Smith (TX) (4) Mr. McCarthy of California. Davis, David Mack Souder (b) JOINT COMMITTEE OF CONGRESS ON THE dent’s ability to defend our country Deal (GA) Marchant Stearns LIBRARY.—The following Members are here- and its allies from a hostile Iran. At- Dreier McCarthy (CA) Tancredo by elected to the Joint Committee of Con- tempts to curtail the bargaining abil- Thornberry Duncan McHenry gress on the Library, to serve with the chair ity and leverage of the United States Everett McKeon Walberg of the Committee on House Administration: Wamp comes at the precise moment when our Fallin Mica (1) Ms. Zoe Lofgren of California. Feeney Miller (FL) Weldon (FL) (2) Mr. Ehlers. Nation must show strength. Flake Miller, Gary Westmoreland However, attempts to dampen our re- Forbes Musgrave Wilson (NM) (3) Mr. Daniel E. Lungren of California. Foxx Myrick Young (FL) The SPEAKER pro tempore. Is there solve and security send the anti-U.S. forces in Tehran a signal that America NOT VOTING—8 objection to the request of the gentlewoman from California? is weak. If Iran continues to see that Brown (SC) McCotter Saxton There was no objection. America stands determined to prevent Davis, Jo Ann Meehan Tanner it from going nuclear, it will be encour- Granger Miller, George The resolution was agreed to. A motion to reconsider was laid on aged to become a responsible member ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the table. of the international community. The SPEAKER pro tempore (during If we falter, the Iranian nuclear f the vote). Members are advised 2 min- threat may well become a reality. Mr. utes remain in this vote. DIRECTOR MUELLER SHOULD Speaker, we must not let that happen. STEP DOWN f b 1808 (Mr. GOHMERT asked and was given b 1815 permission to address the House for 1 So the bill was passed. minute.) SPECIAL ORDERS The result of the vote was announced Mr. GOHMERT. Mr. Speaker, regard- The SPEAKER pro tempore (Mr. as above recorded. ing the recently revealed abuses of PERLMUTTER). Under the Speaker’s an- A motion to reconsider was laid on power and process by the FBI, Director nounced policy of January 18, 2007, and the table. Mueller has now indicated that he under a previous order of the House,

VerDate Aug 31 2005 03:28 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.049 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2544 CONGRESSIONAL RECORD — HOUSE March 14, 2007 the following Members will be recog- to shut down any and all objections to tion, and I hope this year the House po- nized for 5 minutes each. the war. And why did they need a cam- sition will prevail in the Senate. This f paign of deceit? Because there was no legislation is not about changing the legitimate reasonable cause for war responsibilities of the Secretary or re- SCOOTER LIBBY CONVICTION without the specter of weapons of mass allocating resources, there is no cost to The SPEAKER pro tempore. Under a destruction, without the disgraceful this change. Instead, it is about show- previous order of the House, the gentle- scare tactic of warning that we don’t ing the Nation the true meaning of the woman from California (Ms. WOOLSEY) want, and they said this, the smoking department and recognizing the Marine is recognized for 5 minutes. gun to be a mushroom cloud. Corps’ extreme importance to our na- Ms. WOOLSEY. Mr. Speaker, last It is the responsibility of Congress tional security. week brought news of the conviction now to delve even deeper into the ma- When the President’s top military on four counts of perjury, obstruction nipulation of pre-war intelligence. I am adviser, General Peter Pace, is wearing of justice and lying to Federal inves- eager to hear Mrs. WILSON’s testimony the uniform of the Marine Corps, it is tigators of the Vice President’s former before the House Committee on Over- time to realize that change is long Chief of Staff, Scooter Libby. sight and Government Reform on Fri- overdue. The Marines that are fighting It is easy to forget exactly what this day, and I hope this is just one of many today deserve this recognition. Sadly, case was about and its precise bearing such inquiries. in the past 4 years over 900 Marines on the ongoing bloody chaos in Iraq, so Even as we are currently immersed have been killed while serving in Iraq I think it is important to refresh our in a debate right here in the House and Afghanistan. When the Depart- memories. about how to end our occupation of ment of the Navy writes the families of What did Mr. Libby lie about? He lied Iraq, it is critical that we hold people Marines who have been killed, their about his alleged role in blowing the to account for the mistakes and the families deserve to receive that letter cover of a CIA agent named Valerie misdeeds that launched this disastrous from the Department of the Navy and Plame Wilson. And why would Scooter war and cost 3,200 Americans their the Marine Corps. Libby or anyone else in the White lives. Mr. Speaker, I have on the floor this House even consider doing such a Justice was done in the case of Mr. afternoon an enhancement of the or- thing? Political retribution, of course. Libby, but I hope when it comes to Iraq ders for the Silver Star for Sergeant Valerie Wilson’s husband, Ambassador we can bring about justice in a broader Michael Bitz of the United States Ma- Joseph Wilson, had been a public critic sense, by restoring Iraq’s sovereignty rine Corps who was killed in the Iraq of the Bush administration’s march to and letting its people determine their war for freedom. He was cited with a war. He had traveled to Africa at the own future, by becoming a reconstruc- Silver Star received by his family after behest of the CIA and concluded that tion partner and not a military occu- his death. I brought this to the floor to there was nothing to the President’s pier in Iraq, by promoting stability in emphatically show the difference of claim, made in the State of the Union the region instead of being a catalyst what it is today and what it should be no less, that uranium from Niger was for violence, a catalyst for terror, by tomorrow. helping Saddam Hussein build a nu- completing a fully funded withdrawal The first poster is an enlargement of clear weapon. from Iraq and bringing our troops the actual orders from the Secretary of Ambassador Wilson dared to question home at last. Navy. And you can see the Secretary of the White House on a critical matter of f the Navy, Washington, D.C., with the policy, indeed a matter of war and zip code and the Navy flag. Again, this peace. He dared to suggest that they RENAMING THE DEPARTMENT OF THE NAVY was a Marine who died for this coun- had taken the Nation to war under try. false pretenses. So they destroyed his The SPEAKER pro tempore. Under a If you look at the second poster that wife’s career, and in so doing may have previous order of the House, the gen- is beside me, you will see what it can imperiled our national security. tleman from North Carolina (Mr. be if this bill becomes law and is ac- Remember, this is the administration JONES) is recognized for 5 minutes. cepted by the Senate and sent to the that guards information so closely that Mr. JONES of North Carolina. Mr. President for signing. The order should it considers its secrets sacrosanct, that Speaker, in 1947, when the National Se- be a flag, the Navy flag, the Secretary has lectured others for leaking classi- curity Act became law, Congress de- of the Navy and Marine Corps with the fied information, but they had no clared that the Department of Defense Marine flag. qualms about divulging sensitive infor- consists of four distinct military serv- Mr. Speaker, as I close, this is all mation about someone else, someone ices, the Army, the Air Force, the about fairness and equality because who uses her undercover status to help Navy and the Marine Corps. But the there are four distinct services, the protect the Nation. Why did they out act spells out the mission of today’s Army, the Navy, the Marine Corps and her? Because she is married to someone Marine Corps and clearly indicates the Air Force. I think it is only right who leveled a legitimate and accurate that the Corps is a legal distinct mili- and befitting that two great services criticism at the White House. tary service within the Department of that have such a tradition and a herit- It just goes to show, Mr. Speaker, Navy; that is, the Marine Corps and the age be treated as partners, and that is they were willing to stop at absolutely Navy are coequal partners. The Ma- what this legislation does, the Depart- nothing to discredit anyone who under- rines do not serve beneath the Navy, ment of Navy and Marine Corps. mined their case for war, a case that they are a team. There is not a subor- I hope my colleagues on both sides of was based on exaggeration at best, and dinate relationship between the Chief the aisle will join us in this effort, and outright lies at worst. of Naval Operations and the Com- let’s recognize two great services, the After the Libby verdict was rendered, mandant of the Marine Corps. They are Navy and the Marine Corps, as partners a former national chairman of the Re- equal partners of the Joint Chiefs of and a team. publican Party tried to pooh-pooh the Staff, and it is time the Department of With that, I ask God to please bless matter by telling the USA Today, and Navy recognizes the equal status. our men and women in uniform and I quote him, ‘‘When you get down to it, Mr. Speaker, that is why I have again their families. And I ask God to please it was one case involving one guy.’’ introduced legislation, H.R. 346, to hold in His loving arms the families Similarly, the Washington Post con- change the name of the Department of who have lost a loved one dying for cluded its editorial by saying that the the Navy to the Department of Navy this country. And I ask God to con- Wilson-Plame case and Mr. Libby’s and Marine Corps. I am encouraged tinue to bless America. conviction tells us nothing about the that this change has been included in war in Iraq. I couldn’t possibly disagree the House defense authorization bill for f more. Mr. Libby wasn’t lying about the past several years, but it has not The SPEAKER pro tempore. Under a whether he revealed Valerie Wilson’s been accepted by the Senate. previous order of the House, the gen- favorite color. Mr. Libby’s conduct was I ask my colleagues to join me in tleman from Oregon (Mr. DEFAZIO) is part of a campaign of deceit intended supporting the passage of this legisla- recognized for 5 minutes.

VerDate Aug 31 2005 03:28 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.108 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2545 (Mr. DEFAZIO addressed the House. In California, the 32nd Congressional PRISON INMATES HELP IN WAR His remarks will appear hereafter in District that I represent, as you can EFFORT the Extensions of Remarks.) see, 13 of our sons have already given The SPEAKER pro tempore (Mr. f their lives, the ultimate sacrifice. U.S. PERLMUTTER). Under a previous order casualties, as you know, are close to IRAQ of the House, the gentleman from 3,200, and more than 24,000 service men Texas (Mr. POE) is recognized for 5 The SPEAKER pro tempore. Under a and women have been injured or per- minutes. previous order of the House, the gentle- manently disabled, and more than half Mr. POE. Mr. Speaker, behind the woman from California (Ms. SOLIS) is of those will not be able to lead normal thick walls of some Federal prisons, in- recognized for 5 minutes. lives. mates are being put to work. Not on Ms. SOLIS. Mr. Speaker, good This blank check that President chain gangs tarring roads and hacking evening. Bush provides must end. By deploying Mr. Speaker, 2 weeks ago I had the rocks, but in prison factories. additional service men and women into Private industries are bringing their privilege to visit our service men and combat, the President shows just how businesses behind the barbed wire for- women serving in Iraq, and I saw for out of touch he is with the real needs tresses, realizing the benefits of incar- myself what is really happening on the of our troops and the reality of the sit- cerated inmates going to work. Prison ground. I met with several service men and uation. The increase of troops will do industries are operated to achieve two women from cities that I represent, the nothing to improve the long-term secu- goals: First, they occupy the prisoners’ city of Azusa, East Los Angeles and rity situation. time to keep them busy and out of West Covina in California. I spoke with The President’s escalation plan ig- trouble. The second goal is to provide troop commanders, Iraqi women rep- nores the very needs of these veterans. those incarcerated inmates a trade and resenting NGOs, and two parliamen- The crisis, as you know, at Walter valuable work experience, a trade and tarian women. Reed highlights the fact that this ad- experience that can be applied to the My trip to Iraq confirmed my belief ministration has not prioritized the American workforce once they leave that we must supply better support for health care needs of our returning vet- the penitentiary. Prison industries give our troops, including redeployment out erans. And as Members of Congress, it an inmate a sense of accomplishment of Iraq. But supporting our troops is our responsibility to protect our and achievement, and the ability to means securing our troops and making troops and veterans when our Com- have a chance to work and live as a sure we minimize the risks they really mander in Chief will not. We need a law-abiding citizen beyond the prison face. Our troops, as you know, are plan that will ensure that there will walls. overextended. The length of time they not be permanent bases in Iraq. And we In the Federal prison system, are spending in Iraq is not only de- need to ensure that all troops are pro- UNICOR, the Federal Prison Indus- manding, but exhausting. For many of vided with adequate equipment and tries, Incorporated, contracts out to them, it is not their first tour either, training needed to do their job safely. the Federal Bureau of Prisons and this is their second, third and maybe Our plan must require the Iraqis to hires inmates to work behind those tall even fourth. take control of Iraq and bring other prison walls. The inmates earn 35 cents While our troops remain committed Arab states together to help solve this to $1.15 an hour. Now, Mr. Speaker, this to their work, they are concerned problem. Our plan must refocus also on money is paid by private industries, about the impact their duty is having Afghanistan. And our plan must ensure not taxpayers. on them and their families. The time that our service men and women and And, here is the best part: The money they spend with their families is short- veterans receive the best care available that the inmates earn goes to, first, er with each tour of duty. when they return home. pay their fine; second, partial restitu- Our troops are concerned about the tion to the victim through the Victims b 1830 lack of adequate equipment. Some of Crime Act; and, third, the rest goes troops lack the basic equipment needed This includes traumatic brain injury, into a savings account that the inmate to do their job, like body armor. In post-traumatic stress disorder, cul- will get once they leave the peniten- fact, one soldier told me they don’t turally competent health care, hous- tiary. This way, the prisoner literally have light bulbs. I said light bulbs for ing, and education. earns his keep in the big house. He what? They said well, Congresswoman, The troops and their families have helps pay for the system he has cre- for our vehicles. When we are asked to kept their promise to us. We must now ated, relieving the taxpayers of this go into the communities, if we don’t keep our promise to them, and I am burden. have light bulbs on our vehicles we proud that we have made such a plan I have had the opportunity to tour can’t see. Another one mentioned they available. The U.S. Troop Readiness, one of these prison units in Beaumont, didn’t have scissors, and I said, Why do Veterans’ Health & Iraq Accountability Texas, at the Beaumont Federal Cor- you need scissors? And he said because Act, in my opinion, is key to this suc- rectional Complex in my congressional if one of my men gets hit, I need to cess. It supports our troops. It holds district. In the Beaumont Federal pris- have scissors to be able to bandage and the administration accountable. It es- on system, prison inmates craft state- provide whatever help that person tablishes a plan for redeployment, and of-the-art military helmets for our needs. provides for our veterans. troops fighting in Iraq. I have one of In some cases they told me that the My trip to Iraq strengthened my be- those helmets right here with me, Mr. equipment they use is unreliable due to lief that the right course of action is to Speaker. overexcessive use. And I was appalled redeploy our troops out of Iraq. Our This is officially called by the Fed- to learn that some service members are men and women in uniform are doing eral Government the ‘‘personal armor forced to share their equipment with their job, and we in Congress must do for ground troops helmet.’’ I just call it recent arrivals. The new members of ours so that our troops will come home a helmet. It is used by our troops in the service that we are sending in in and receive the care that they deserve. Iraq and Afghanistan. It is made of this surge or escalation are actually We must not continue to turn our Kevlar, and it provides our warriors taking equipment away from those who backs on those who proudly have protection from shrapnel and bullets. are being currently deployed there. served our Nation, and I will continue These helmets have been credited with Without the proper equipment, our to fight and support our troops. saving several of our troops’ lives in troops face significant and unnecessary I look forward to their redeployment Afghanistan and Iraq. risk to their lives. and their safe return to their families, Mr. Speaker, each month the inmates Supporting our troops also means re- to their friends, and to their loved at the Beaumont Prison produce 30,000 deployment and an Iraqi nation that ones, and I look forward to a resolu- of these helmets; 360,000 of them a year will govern itself and its people. Unfor- tion, and an Iraq governed by Iraqis, are being provided for our military. tunately, the best plan President Bush and a world safer and more secure for The Beaumont Prison factory also has offers is another blank check request all of us. And I know our leadership the distinction of being the only for his already failed policies. will help to take us there. UNICOR factory that produces these

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Currently, the prison is de- cipals, guidance counselors, and school creating service learning program at Tech; signing a more protective helmet that librarians from all over Indiana to take volunteer with local agencies. will soon be used in Afghanistan and the time to gain insight into new cul- Juvenile Learning Center School No. 459, Iraq. tures, to explore subjects that intrigue Robert Masbaum, ‘‘Street Children of Latin America and Human Rights’’—visit Mexico, The 320 inmates in the Beaumont fac- them, and to just get away and bring Colombia, Nicaragua, Honduras and Panama tory making these helmets are patri- back refreshed perspectives to share to study and interview street children; pre- ots, and they think they are because with their students. pare a documentary, curriculum guide and they are patriots; they are doing their The endowment has been successfully exhibit about children’s rights. part in the war efforts. This is a me- funding such programs for 20 years TEACHER CREATIVITY FELLOWSHIP PROGRAM dium security facility, and it is not the now. The class of 2007 includes nine re- 2007—$8,000 FELLOWSHIP RECIPIENTS only war contributor in the Beaumont cipients from public and private Archdiocese of Indianapolis (private), St. prison system. schools across the State who were se- Joan of Arc School, Susanna L. Abell, ‘‘Men- The minimum security system in lected as ‘‘distinguished fellows’’ of the toring Abroad in Central America’’—work Beaumont repairs damaged tanks. program and received up to $25,000. The with promising young artist in Honduras; They receive a facelift from the in- remaining 120 recipients each received offer an art camp for children in Honduras; create paintings. mates and their engines are over- an $8,000 grant for their activities. St. Therese Little Flower School, Lori hauled. The mechanics that work in The distinguished fellows feature of Grant Feliciano, ‘‘Defining a Hoosier’’— these prisons are experts in diesel me- the program was introduced last year study the unique history and culture of Indi- chanics, and they take a once unusable by the Lilly Endowment. A limited ana. piece of machinery that has been dam- number of grants were available for Heritage Christian School (private), aged and they turn it into a war-wor- creative renewal projects that would Sherryn L. Miley ‘‘Never Forget: The Holo- thy military tank once more. provide additional financial support caust’’—study the Holocaust at the U.S. Hol- Mr. Speaker, as a former judge, I be- and the possibility of time away from ocaust Museum, European concentration camps and the Yad Vashem Holocaust Me- lieve in using inmate labor; make them the classroom. As a result of this inno- morial in Israel. help pay for the system they have cre- vative feature, each selected teacher International School of Indianapolis, Ber- ated. The taxpayer has paid for the sys- received up to $25,000. A separate grant nadette C. Allamel, ‘‘Ceramic Storytelling tem long enough. Some of these in- of up to $25,000 was available to the from Mali’’—learn to make pottery in Mali, mates in the Beaumont prison I met teacher’s school district to cover the from collecting the clay through firing fin- earlier on a professional basis at the costs of a replacement teacher, if nec- ished pieces; study cultural stories of Mali. courthouse, and now I am glad to see essary. Arlington High School, Kerry J. Brown that they are turning their lives The winning creative renewal (see also MSD Lawrence Township) ‘‘East Meets West’’—four generations return to around. For behind the steel doors and projects will send Indiana educators to Vietnam to gain closure from secret boat es- tall walls of the prison, these men go study Indian culture by visiting Pun- cape in 1977. to work each day producing helmets jab, India; practice service learning by Charity Dye No. 27, Sidney Allen, ‘‘Pil- that safeguard American troops from volunteering in Calcutta, Belfast, res- grimage to Monet’s Garden’’—study art and enemy fire. They are not forced to ervations in South Dakota, Haiti, and horticulture in Giverny, France; create a work in the factories, but they choose Mississippi; and interviewing street garden at school. to. They choose to volunteer. children in Latin America. But wheth- Howe Middle/High School, Mary F. Nolan, The inmates I talked to are proud of er they travel to the Arctic or Mon- ‘‘A Linguistic Immersion Amidst the French Culture’’—spend time in rural France com- our troops overseas and feel a sense of golia, they will return to their Indiana pleting a book; experience the culture of connection to them by making these schools carrying new cultural insights, France. helmets. Prison labor programs are a full of new adventures and wisdom to Jonathan Jennings No. 109, Patricia good idea for inmates and for America, share with their students. Reeves, ‘‘Tolerance and Diversity as Seen and certainly for the American tax- Sara B. Cobb, the Lilly Endowment Through the Irish Eyes’’—research Ireland’s payer. Some inmates are locked up be- Vice President for Education, summa- ‘‘Great Famine;’’ introduce classroom activi- hind bars because they harmed another rized the effort when she said, ‘‘Once ties about immigration, racism and cultural person’s life. Now they have the chance again, we are thrilled at the response tolerance. New Horizons Alternative School, Chris- to redeem their past deeds; they now to this popular program. Good teaching topher L. Howey, ‘‘A Journey on the Path of work to save the lives of our American requires a high degree of energy and the Martial Way’’—study aikido and jodo in soldiers. After all, Mr. Speaker, we are motivation. We regularly hear that Japan and Canada. all in this together. these renewal experiences have helped MSD Lawrence Township, Bernard K. And that’s just the way it is. hard-working Indiana educators regain McKenzie Career Center, Jane Davis Miller, ‘‘The Ups and Downs in Life: Unmasking the f their enthusiasm for their profession.’’ So, Mr. Speaker and Members of the Search for Ourselves’’—study history of The SPEAKER pro tempore. Under a mask-making; create and use masks in House, I want to commend the Lilly previous order of the House, the gentle- therapeutic theater programs. Endowment for doing such a great woman from New York (Mrs. MCCAR- Lawrence Central High School, Lan Bui- thing for Indiana and the education THY) is recognized for 5 minutes. Brown (see also Indianapolis Public Schools), system. Good teaching does require a (Mrs. MCCARTHY addressed the ‘‘East Meets West’’—four generations return House. Her remarks will appear here- high degree of energy, motivation, and to Vietnam to gain closure from secret boat escape in 1977. after in the Extensions of Remarks.) inspiration. I would add, ‘‘Good corporate neighboring requires a commit- Mary Castle Elementary School, Jan Good, f ment to a corporate vision for a better ‘‘The Joy of Painting’’—attend watercolor workshops; develop painting skills. COMMENDING THE LILLY community and the will to invest its MSD Warren Township, Raymond Park ENDOWMENT resources to achieve that vision.’’ Middle School, Rae Bosio, ‘‘Flamenco in I want to extend my heartfelt thanks The SPEAKER pro tempore. Under a Spain’’—travel to Spain to study culture and to the Lilly Endowment and its CEO, dance. previous order of the House, the gentle- and indeed a good neighbor to Indiana. MSD Washington Township, Eastwood woman from Indiana (Ms. CARSON) is Thank you very much. Middle School, Douglas O. Vinton, ‘‘History recognized for 5 minutes. Alive’’—tour Germany, Italy, Greece, France TEACHER CREATIVITY FELLOWSHIP PROGRAM Ms. CARSON. Mr. Speaker, I rise to and Austria to explore history and culture. 2007—$25,000 FELLOWSHIP RECIPIENTS commend the Lilly Endowment for its J. Everett Light Career Center, Robert exceptional commitment to Indianap- INDIANAPOLIS PUBLIC SCHOOLS Hendrix, ‘‘Voices Amidst the Mountains: A olis and to the State of Indiana. Arsenal Technical High School, Karen Journey into the Folklore of Storytelling’’— Recently, the Lilly Endowment an- Beck, ‘‘Service Learning: The Example of create a radio documentary on the art of sto- Mother Teresa’’—travel to Calcutta, Belfast, rytelling in the Smoky, Blue Ridge and Ap- nounced the winners of its 2007 Teacher the Rosebud and Pine Ridge reservations palachian mountain chains. Creativity Fellowships. The result of (South Dakota), Haiti and Mississippi to do North Central High School, Stephen J. this endowment’s effort is a program volunteer service; conduct interviews in Quigley, ‘‘The Emerald Ash Borer and the that will enable 129 teachers, prin- Maryland and Washington in preparation for Art of Carving Ash Sticks for the Sport of

VerDate Aug 31 2005 03:28 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.112 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2547 Gaelic Hurling’’—study history and cultural have oversight hearings and Federal lic records. I think it is very important significance of the Gaelic sport of hurling; employees and others that are involved that the American people understand learn to cut and carve hurley sticks using in Federal action, and just average that we are going to open the Federal ash wood salvaged from central Indiana for- Americans will be able to come forward Government up to allow them to be ests decimated by the emerald ash borer. able to receive public records in a Martha Sando, ‘‘2007: To Russia with Love, and to share with this Congress and From Moscow to St. Petersburg’’—view art other agencies of accountability and timely manner. Of course, we are going collections in St. Petersburg and Moscow; oversight about waste, they will be to protect national security issues. Of hone plein air landscape painting technique; able to come and share concerns or course, documents that are not ready create classroom lessons on painting tech- speculation of corruption, they will be for public consumption will not be niques, history and culture of Russia. able to come forth with recommenda- given to the public or anyone that may MSD Wayne Township, McClelland Ele- tions without receiving the repercus- endanger Americans abroad or here in mentary School, Eric Webb (principal), sions that they would have received the United States. But there are so ‘‘Bringing My Ancestors to Dinner’’—inves- prior to the passing of this legislation many documents by the White House tigate Clan McLeod, capture images, poetry, that have been deemed secret when it songs and stories of Scotland. today. One other thing that I think is im- wasn’t necessary for them to be f portant when we start looking at this deemed secret. This piece of legislation The SPEAKER pro tempore. Under a legislation, the fact that there were 102 and the three bills would deal with previous order of the House, the gen- Members on the other side of the aisle that issue, to be able to have a little tleman from California (Mr. DREIER) is that voted in the affirmative. The vote more openness to the process so that recognized for 5 minutes. on this floor just moments ago was 331– we can do our jobs here on Capitol Hill. I think it is important to continue to (Mr. DREIER addressed the House. 94. And I think that will go right in stick with the watchwords that we His remarks will appear hereafter in line with other pieces of legislation have been talking about here, the 30– the Extensions of Remarks.) that have passed this House floor in a Something Working Group, on ac- f bipartisan way on a major bill. I think countability, oversight, new direction, we have a chart here that I think will The SPEAKER pro tempore. Under a and fiscal responsibility. I think it is be helpful for the Members to take a previous order of the House, the gen- important that we pay attention to look at. tleman from Indiana (Mr. BURTON) is what is happening right now, Mr. Implementing the 9/11 Commission recognized for 5 minutes. Speaker, when it comes down to Hurri- recommendations, H.R. 1, passed 299– (Mr. BURTON of Indiana addressed cane Katrina, Abu Ghraib, 9/11 Com- the House. His remarks will appear 128, with 68 Republicans voting with mission recommendations, which I hereafter in the Extensions of Re- the Democrats. must add that 10 Republicans and the marks.) Raising the minimum wage passed Senate joined Democrats in passing the 315–116, with 82 Republicans voting f 9/11 Commission recommendations. All along with Democrats. The SPEAKER pro tempore. Under a of these reports, as we look at good The funding for enhanced stem cell previous order of the House, the gentle- government, are taken from bipartisan research, H.R. 3, 253 Members of the woman from Ohio (Ms. KAPTUR) is rec- commissions. House voted in the affirmative, only ognized for 5 minutes. We are talking about governance 147 voted against. But as you know, Re- (Ms. KAPTUR addressed the House. here. We are talking about account- publican votes, 37 joined Democrats on Her remarks will appear hereafter in ability here. Some may say, well, 9/11 that vote. the Extensions of Remarks.) Commission recommendations, that is Making prescription drugs more af- a Democratic work product. No. That f fordable for seniors, H.R. 4, passed 255– is just a Democratic leadership bill, 30-SOMETHING WORKING GROUP 170, with 24 Republicans voting with that we said that we would fully imple- Democrats. The SPEAKER pro tempore. Under ment the 9/11 recommendations even Cutting student loan interest rates in though the President has threatened to the Speaker’s announced policy of Jan- half, H.R. 5, 356–71, with 124 Repub- uary 18, 2007, the gentleman from Flor- veto them. Even though it was a bipar- licans voting for it with all Democrats. tisan commission, Mr. Speaker, ida (Mr. MEEK) is recognized for 60 min- Creating long-term energy initia- utes as the designee of the majority chaired by a Republican Governor, tives, I think it is an important initia- former Governor, still the President leader. tive, H.R. 6, 264–163, with 36 Repub- and Republicans are saying that there Mr. MEEK. Mr. Speaker, it is an licans voting with Democrats. is not a need to implement those rec- honor to come before the House here, b 1845 ommendations. the 30-Something Working Group. I am I think, as we start to reflect, before glad that we are here tonight to have Now, Mr. Speaker, why is this impor- I start talking about the supplemental an opportunity to really talk about the tant? Why are we talking about bipar- appropriations bill that is being accomplishments under the 110th Con- tisanship so much when we come to the marked up in the Appropriations Com- gress, and also issues that we are going floor in the 30-Something Working mittee this week, since Democrats to be working on in the very near fu- Group? We are talking about it because have taken the majority, Mr. Speaker, ture. this has not been the culture here in Walter Reed, the misconduct was ex- But as you know, Mr. Speaker, day the House. Major pieces of legislation, posed by a newspaper here in the Wash- after day I have been coming to the from H.R. 1 to H.R. 6, and even today ington area, The Washington Post. floor sharing with the Members and the when we passed off of this floor the Democrats took action, making sure American people on the fact that we Whistleblower Act, H.R. 985, to see bi- that we had hearings going imme- have really worked hard to make sure partisan votes on these major pieces of diately, not after, not 2 or 3 weeks that we run a house in a way that all legislation goes to show you that we later, saying we are waiting on the ad- the Members can feel comfortable have been waiting; and when I say ministration to see what they are about voting on the public policy that ‘‘we,’’ Members of the House have been going to do. comes to this floor, especially major waiting for a very long time to have In kind, the administration started public policy. the opportunity to vote on common- working very vigorously to take some The Whistleblower Protection En- sense legislation that is going to assist action, and I commend the President hancement Act that passed this floor the American people in their everyday on appointing two very outstanding today is a piece of legislation that is lives, will assist this Congress in bring- Americans, Ms. Shalala and also Mr. going to assist not only the public ing about the kind of accountability Dole, to lead a commission to look at knowing more about what happens that the American people voted for and that. here, but to make sure that we protect hoped that we would, hopefully, enact The firing of U.S. District Attorneys those that are trying to protect us. one day. became exposed recently, within the As we start to head down the road of I think it is also important to look at last 48 hours. Information that we re- fiscal responsibility, as we start to three House bills to shed light on pub- ceived here in Congress was inaccurate.

VerDate Aug 31 2005 04:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.055 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2548 CONGRESSIONAL RECORD — HOUSE March 14, 2007 And now Democrats, in control of the if it is necessarily in Niles. But it goes just absolutely shocking. And we knew House and Senate, are immediately something like this: Remember that about it with the war. We saw the lack going into hearings dealing with the the field mouse is fast but the owl sees of execution in the war. We saw it in Justice Department, asking the tough at night. Katrina. And now, because the Demo- questions because no longer are we I yield to Mr. RYAN. crats are in power, we are now able to going to allow politics to run public Mr. RYAN of Ohio. Mr. Speaker, I ap- begin to fix these problems. policy in this country. preciate the gentleman’s yielding and The whistleblower reform strength- And I think it is important for the his comments about the field mouse ens protections for Federal whistle- Members to understand that we are and the owl. It is very important for us blowers to prevent retaliation against here as board members of the largest to remember that wisdom that he gives those who report wrongdoing, waste, corporation on the face of the Earth, if us. fraud, abuse. This is how we begin to one wants to call it that. I am just And I appreciate your running over reform government, by allowing those using that as an example. We are the here, hustling over here. I actually people who are in the institution of board of directors here in the U.S. wasn’t going to come. I have got some government to be able to speak freely House of Representatives. One of the meetings tonight that I have to get at, and to be protected and not to be Members of our caucus during a caucus but I saw you over here out of breath, bullied or prevented from somehow im- meeting made this analogy, with the and I thought I would come over and proving the institution. President’s being the chairman of the sling-shot you in. The Freedom of Information request, board or President/CEO. Mr. MEEK of Florida. Reclaiming my we had some provisions here. More When you start looking at the Presi- time, when I came over, it wasn’t like timely disclosure of government docu- dent/CEO of any corporation and you can we pause for a minute and let me ments, restoring the presumption of start looking at the mismanagement catch my breath. I mean, I was actu- disclosure to FOIA, helping FOIA re- and you start looking at the political ally anchoring this special order and questers obtain timely responses, im- overtones, it is important that the sharing with the Members the great proving transparency and agency com- board respond to whom? The stock- work that has been done. pliance with FOIA, providing an alter- holders, in this case, the American peo- I talked about the bipartisan vote native to litigation, and providing ac- ple, because it is their tax dollar that that we took today on the whistle- countability for FOIA decisions, open- we are appropriating. It is their tax blower legislation. And, Mr. RYAN, I ing up government, transparency in dollar that we have oversight on. And did go to the gym today to make sure the 21st century. It is an information- they have sent us, made us members of that I am in the right shape to be a based society, an information-based the board of directors to watch out for Member of this House and serve as an economy; and the more we open it up their interests. And that is using, once example of making sure that you take and allow the information to flow, the again, the word of accountability, the care of yourself, that you do the right more we are going to be able to im- oversight. thing, and you live a long time. prove things. We talk about a new direction. We So, Mr. RYAN, thank you for being One of the great problems we had in also talk about fiscal responsibility. concerned about my health care needs China several years with the SARS But those are not just catchwords. and making sure that you came down issue is that nobody knew about it and They mean something, and I think it is and allowed me to catch my breath. you can’t fix problems that you don’t important that we pay very close at- But I am so happy to see you, sir, be- know about. And whether you are in a tention to that. cause as a member of the Appropria- family or on a team or in a business or I pointed out in this whole issue at tions Committee, I am honored just to running a government, you need to Walter Reed last week, Mr. Speaker, be in the same Chamber with you, sir. make sure there is free and open access and I felt very proud as a Member of Mr. RYAN of Ohio. I appreciate that. to information. Now, granted, there are sensitive Congress and someone that voted for And it is an honor for me to be in the issues, national security issues that the continuing resolution because the Appropriations Committee, and my need to be protected and need to be Republicans did not do their work in friend on the Ways and Means Com- kept in order to secure the long-term passing all of the appropriations bills. mittee provides the ways and the future of the country. No one debates We had to clean it up when we came means for us to get the job done. that. But when we are talking about into the 110th Congress by passing a One of the issues that we have talked government documents and the execu- about today a little bit is what the continuing resolution. tion of an administrative or executive All district projects that Members Democrats have been doing in Congress branch department protecting whistle- fought for in the appropriations bill since we got here a couple of months blowers who may have information in were taken out, and we had to then ago. And I think it is very important, order to make the government im- take those dollars and we put $3.6 bil- as we see all of the news stories about prove, this isn’t to punish anybody. lion into the veterans’ health care sys- Walter Reed, as we see the news stories This is to improve the government. tem. And I am so glad we did that be- about the Attorneys General, we see And that means some difficult deci- cause when the Walter Reed story the news stories about what is going on sions need to be made. came out and the media started to in Iraq, a year ago or 2 years ago, those And I think, under the leadership of focus on the lack of resources to take stories wouldn’t have even been pos- this House, we are moving down that care of our veterans and take care of sible because the threat of oversight road, step by step, very methodically those that are still enlisted on the hearings that Speaker PELOSI and the to improve the lives of people in this health care side, and this was actually Chairs of our various committees have country and to reform the institution the front cover here with the special- been executing is the exact balance of of government. ists of Newsweek, it gave the American power that we were talking about prior people an opportunity to see leadership to the elections last year. And the b 1900 in action and also see a policy response American people, very wisely, thought That is what we are all here to do. to what has been unearthed by the it was time for there to be some over- We have had several other things that media. And I think that is important sight. we had. because there has been a lot of foot- But I must say, Mr. MEEK and Mr. But I want to talk for a minute, Mr. dragging around here and there has Speaker, that all of the thoughts that MEEK, if you don’t mind, about over- been a lack of the majority in the past we had about what was going on in a sight. I know you had mentioned over- of having the will and desire to do the lot of these various agencies we sight earlier in the evening, but what right thing. And I am glad we did it in thought were bad, but we didn’t know is going on and what has gone on al- that case. they were this bad. And I don’t think ready in this Chamber, as I mentioned, I am so glad to be joined by my very anybody would have said the level of the Walter Reed thing came because of good friend, Mr. RYAN, from Niles, pressure, for example, in the Attorneys the threat of Democratic oversight and Ohio. They have a saying in Niles, General situation, the level of incom- the committee oversight process that Ohio, Mr. RYAN—well, in Ohio; I don’t petence and neglect at Walter Reed is has already been going on.

VerDate Aug 31 2005 03:38 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.121 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2549 For example, the war in Iraq, be- heavy armored. They don’t have the Guardsmen, Guardspeople, women, tween the House and Senate, more proper equipment and everything else. what have you. than 97 oversight hearings have looked We are still losing kids because of that. But we have been elected to be Mem- into the conduct of the Iraqi war. Nine- Mr. MEEK of Florida. Mr. RYAN, los- bers of Congress to carry out the things ty-seven. There is the big number hearing kids? We are losing 47-year-old Re- that we talked about, oversight, ac- ings. And more are coming. servists. We are losing granddads in countability, being fiscally responsible, Tomorrow in the Appropriations some instances that are still serving moving the country in a new direction, Committee we are going to pass out our country, Mr. Speaker, in the coming and voting on behalf of our the supplemental that is going to begin Guard, in the Reserve, active duty. constituents and the American people. the exit of this war, begin the end of When you look at this, again, the So, brave speeches on the floor about this war. Iraq government must meet the Bush how Members support the troops. No, I Mr. MEEK of Florida. Mr. RYAN, I am benchmarks for reform. support the troops more than you. No, glad, because you are a member of the Mr. Speaker, once again, this is not I have a tattoo on my arm saying I sup- Appropriations Committee. Let me just what the Democratic Congress put port the troops. No, I have raised say this, Mr. RYAN. Putting everything benchmarks on the Iraqi government money back home. to the side here that we have been for. The President of the United States That is fine. That is all good and talking about, again, I am glad, be- of America, the Commander in Chief, dandy. Come to the floor and say what cause you are here as a member of the marched down this aisle, walked that you want to say. Appropriations Committee. way and went up there to that rostrum But when it comes down to it, where We actually have some Members, Mr. right under where you are standing, are the benchmarks as it relates to over $500 billion that has been spent on RYAN, that are concerned about the Mr. Speaker, and said if they don’t kind of leadership that this Congress is meet the standards and do X, Y and Z, the war and $100 billion-plus that is putting forth on behalf of the men and then we are not going to be there for- going to be authorized sometime in the women in uniform and the men and ever. What is wrong with following the very near future? Where are the accountability measures? They are there women that wore the uniform and their leadership, especially when you talk to make sure you meet the bench- families. about accountability? Mr. RYAN of Ohio. These are the What is different this time, Mr. marks. I know you can go further into that. same people, Mr. MEEK, these are the Speaker, is when the President has But the 97 hearings to date, it is un- same people who were in charge several made those statements in the past, he precedented in the past Congress and months ago, and for the previous 14 had a rubber stamp Congress willing to the Congress before that, Mr. RYAN. We years, that led to the dismal display do anything that he wanted them to have been here for the last two Con- that we see at Walter Reed, the condo. But now you have a Congress that gresses, and I can guarantee you that duct of some of the people in the Vet- put forth legislation that will allow 97 hearings at this point in the Con- erans Administration. The same people Members of the minority party, the Re- gress did not happen. that had oversight then are now upset publican Party, Mr. RYAN, to vote with Mr. RYAN of Ohio. Not at all. We are and trying to point the finger. Democrats, for accountability, there is starting to figure out what has been Mr. MEEK of Florida. You know, Mr. that word again; oversight, there is an- going on. Part of it, over the past few RYAN, they say when you point your other word we use all the time; and to years, everyone kept saying 6 more finger, you have like three or four fin- head in a new direction as it relates to months. Give them 6 more months. Six gers pointing back at you. Iraq. We have said that 100 times. more months. Well, 6 more months, we Mr. RYAN of Ohio. Shake and Bake. I think that is important, making are 4 years later 6 more months. Right back at you. sure that strategic redeployment of Mr. MEEK of Florida. Going on 5, Mr. Mr. MEEK of Florida. That is right. U.S. troops in combat by 2008, and re- RYAN. In full effect. You have here U.S. forming military efforts on Afghani- Mr. RYAN of Ohio. Going on 5. Sixty Troops Readiness, Veterans stan and the fight on terrorism. What to 65 percent of Iraqis believe it is okay Healthcare, and Iraq Accountability is wrong with all of that? to kill Americans, to shoot at Ameri- Act. Expanding funding for veterans If I can, Mr. RYAN, I want to just talk cans. We are in the middle of a civil healthcare and hospitals. What is about how the American people are war and we need to get ourselves out of wrong with that? Nothing. way ahead of the Bush administration it, not get ourselves further into it. So The Bush administration must meet on this issue and the reason why we these hearings are an important com- military standards for troop readiness. had this big transition in leadership ponent of that, to try to pull ourselves Mr. RYAN, this is the DoD policy as it here in the Congress back in Sep- out of this situation that President relates to troop readiness. The Con- tember. Bush has gotten us into. gress had nothing to do with the pol- Nearly six out of 10 Americans want I say that because—for several rea- icy. The Department of Defense came U.S. troops to withdraw from Iraq by sons. One is, some people say well, if up with the policy. 2008 or sooner. That is a CNN poll of 3– you have an end date, then they are So basically what we are saying, Mr. 13–07. just going to sit back and wait until we Speaker, through this act, follow your Fifty-two percent think the United leave. The problem with that theory is policy, because it is in the best inter- States should set a timetable for with- if we say we are going to stay forever, ests of the American people and the drawal of U.S. troops from Iraq. That is then they are never going to do their troops that are in harm’s way. a CBS-New York Times poll on 3–12–07. share, and the problem has been the What is in that policy? Making sure Sixty-seven percent of those polled Iraqi soldiers won’t get trained, the troops have what they need when they by NBC-Wall Street Journal disapprove problem is we can’t get a political solu- are deployed. What else? Making sure of the way the President is handling tion because everyone thinks we are we have a military that is ready to re- the situation in Iraq. That is an NBC- just going to stay there and keep the spond at a moment’s notice when we Wall Street Journal poll, 3–9-07. situation intact. need them. We will go deeper into that. I can go on and on and on, Mr. RYAN, They need a goal, and the goal is, in Mr. RYAN of Ohio. Armored of how the American people are with us our supplemental bill, if you do not Humvees. Up-armored Humvees. Kevlar as it relates to making sure that we do have improvement in some of the vests. The proper amount of rest. the right thing. benchmarks we have in there, political I want you, Mr. MEEK, to try to name When we are in Congress and we are and military, if you don’t have imme one person in this country that here, we are not generals, we are not in provement by July, we are getting out. would dare send one of their own kids a forward area, Mr. Speaker. We have If you are showing some progress, we off to war without the proper equip- Members that have never worn a uni- will give you until the end of the year, ment, that would not ride in a Humvee form, not even in school when they until the fall. And if you haven’t met that was armored. And there are kids were coming up. We are not in the the goals by then, then we are out. still getting killed in Iraq now because Armed Forces. Some of us are. Some of You have got to meet your obliga- the Humvees are light armored and not us are Reservists. Some of us are tions. Believe me, I didn’t support this

VerDate Aug 31 2005 03:38 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.123 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2550 CONGRESSIONAL RECORD — HOUSE March 14, 2007 war from the get-go, and it kills me, it it a secret. But you know, Mr. RYAN, est, and the situation it has put us in. kills me, that we have got to spend $100 we always talk about issues that may And our distinguished gentlewoman billion to get us out of a situation. be detrimental to the Democratic for- from Ohio (Ms. KAPTUR) who sits on That kills me. ward progress of gaining more seats in the Defense Committee could probably This last couple of weeks we have the House. speak better than I can on this. had hearings in the Labor, Health and If Republican Members want to vote Short-term readiness in this memo Education Subcommittee on Appro- on being with their, quote-unquote, addresses the needs of soldiers on the priations, and you see the millions of leadership that has them in the minor- field today. Iraq and Afghanistan have dollars the Bush administration sub- ity right now, because they use catch been marked by a lack of adequate mitted that they cut from physical words like well, you know, we don’t funding for equipment, from effective education programs, art programs. need to make decisions because the Kevlar vests and helmets to uparmored They flatlined TRIO, GEAR UP, Up- President is making decisions and it is Humvees which are better able to pro- ward Bound. All flatlined, with thou- not our place to do it. Oh, we don’t tect our personnel from roadside sands of more kids going into those. have to have accountability measures bombs. Compounding the lack of equip- Head Start. Only 60 percent of the kids within the appropriations bill, within ment for both deployed and non- eligible for Head Start get covered. the emergency supplemental, because deployed units is the fact that if non- There is a $100 million cut in Head we need to leave the flexibility for Sec- deployed units don’t have the same Start, and we are going to go spend $100 retary Rumsfeld and unnamed individ- equipment they will use in combat, billion? uals in the White House and unnamed their training is less than optimum. I am voting for the supplemental, be- folks over in the Pentagon to make So if you don’t have a Kevlar vest to cause I will do anything to get us out these decisions. train in when you actually are in the of there, and I believe this supple- I am going to tell you right now, that field and have to wear one, it is a much mental is the best step for us to take is the road leading to the minority, be- different scenario, and you may not to get us out of there. cause it is a lack of oversight and a have the proper training you need. But it is not only what is going on in lack of leadership and a lack of ac- Long-term readiness, military prepa- Iraq, Mr. MEEK. I don’t know if you had countability. And I am so happy, Mr. ration for any challenges our Nation a chance to see this memo. RYAN, I am very happy, it fires me up, may face tomorrow, that encompasses Mr. MEEK of Florida. Before the gen- Mr. Speaker, that we have a majority everything from manpower training tleman goes to the memo, you said this that is willing to do what we must do and equipment to preposition stores of thing is not just about Iraq. to give the American people, because military equipment strategically lo- Let me just say very quickly, again, we are responsible, they are our stock- cated around the world that, the Gov- you know here in the 30-something holders. They gave their tax dollars for ernment Accountability Office reports, Working Group, we love, we don’t like, us to have the opportunity to appro- have been deeply ransacked for Iraqi we love third party validators. We love priate those dollars and have oversight operations. it, Mr. Speaker. We can’t get enough of over those dollars in an appropriate Check this out. Roughly half of all of it. It fires us up. We just love it. way. Here is the deal. Requiring the Presi- the ground equipment in the United dent to honor the standards of the De- b 1915 States Army is in Iraq or Afghanistan, partment of Defense set for troop read- And by reading these poll numbers nearly half the ground equipment that iness, training, equipment before send- and what you just shared, Mr. RYAN, is the Army owns. Since the start of the ing troops into battle, 70 percent favor more than vindication, more than war, the Army has lost nearly 2,000 requiring U.S. troops returning from third-party validators; it is leadership, wheeled vehicles and more than 100 ar- Iraq to have at least 1 year in the U.S. accountability, and being fiscally re- mored vehicles. Harsh desert climate, before being redeployed to Iraq. That is sponsible on behalf of the taxpayer dol- mountain terrain, virtually continuous a Gallup Poll, USA Today, 3–6-07. It is lars. I can tell you that I don’t know a combat and the physical weight of not a poll we did. This is just a poll Republican that would say, ‘‘I am extra armor is wearing out equipment that these news organizations have against accountability.’’ I don’t know in Iraq and Afghanistan at up to nine held. of a Democrat who would say, ‘‘I don’t times the normal rate. Holding Iraqi government to the like being fiscally responsible; I like to The Army GAO report details that same standards for progress that the be fiscally irresponsible.’’ the Army has not been keeping accu- President outlined in announcing the I don’t know an Independent who rate track of what they have or what escalation of troops. Seventy-seven says, and Independents came out in they need to reset the force, nor can percent favored requiring U.S. troops record numbers this last election. They they provide sufficient detail for Con- to come home from Iraq if Iraqi leaders voted for a new direction, and I am so gress to provide effective oversight. failed to meet the promises to reduce glad we are giving it to them. The National Guard, between 75,000 the violence there. That is the Gallup Mr. RYAN of Ohio. I would just like and 100,000 pieces of National Guard Poll-USA Today. to make a couple more points to sup- equipment worth nearly $2 billion are This is very, very, very important. port you before I take off. now in Iraq and Afghanistan instead of Providing urgency needed to support I don’t know if you have seen this. I National Guard armories around the addressing the military medical care am sure you have as a distinguished U.S.; and National Guard units are left crisis at Walter Reed and other hos- member of the Armed Services Com- with about one-third of their equip- pitals, 76 percent of Americans do not mittee in your fifth year already. The ment. These urgent equipment short- think the Bush administration has memo from the gentleman from Texas ages hit especially hard on the mili- done enough to be responsible to take (Mr. ORTIZ) chairman of the Sub- tary’s ability to train Guard and active care of the needs of our men and committee on Readiness, and Mr. Army units, and they are forced to pre- women that are in uniform. ABERCROMBIE, House Armed Services pare and train for deployment with Mr. RYAN, the bottom line is that Committee, Air and Land Force Sub- minimal equipment. this is not a political speech that we committee, these are the folks in Con- We have a real problem where the are on the floor giving. This is reality. gress on the ground. They submitted a American Army is not ready should we This is governance. This is oversight couple of days ago for Members of Con- have another incident around the and this is accountability. gress, editors, defense writers and world, or should someone, heaven for- And for Members, Mr. Speaker, who other interested parties a memo on bid, attack the United States, or feel that we shouldn’t be venturing off military readiness. should we have another Katrina. For into the area of leadership, maybe they I want to say a couple of things that this President to talk, Mr. Speaker, didn’t pay attention to what took place I think are very important on where about protecting the troops and saving last November. I would say to some of this war has put our military readi- the troops and being on the side of the my friends on the Republican side, be- ness, an elective war in Iraq as opposed troops, this is being on the side of the cause if this was political, I would keep to a real threat to our national inter- troops.

VerDate Aug 31 2005 04:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.124 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2551 Mr. Speaker, I am going to yield to the next year and a half, over 250,000 property taxes, and we know this is the gentlewoman from Ohio (Ms. KAP- more home mortgages will reset, and going to have a major effect on local TUR), the dean of the Ohio Democratic they are estimating that the financing government as well. delegation. gap in Ohio for this year and next year Mr. Speaker, I just want to say the Ms. KAPTUR. Mr. Speaker, I thank now totals somewhere between $14 bil- President and his administration are the gentleman from Ohio (Mr. RYAN) lion and $21 billion. That is just Ohio. focused on rebuilding Iraq, but some- and also Congressman KENDRICK MEEK Add to it Alabama, Texas, Mississippi, body had better focus on rebuilding from Florida, two 30-somethings who Tennessee, Indiana, Michigan, West America and dealing with these rising are outstanding leaders in this Con- Virginia. This is a problem of national foreclosure problems across the coun- gress, bringing new energy and new vi- proportion. try. I will be the first in this Congress sion. I thank them for yielding me this There is plenty of blame to go to put my shoulder to the wheel. time. around, but there is no question it is a I want to thank Congressman MEEK We will have extensive debates on the serious issue that should be given pri- for yielding me this time and thank budget concerning the supplemental macy in this Congress. him for his leadership in showing how request for the war in Iraq, the global I want to compliment the gentleman much money we are spending in Iraq war on terrorism, and other related from Massachusetts (Mr. FRANK) for and how it is affecting our ability to measures tomorrow and later next holding hearings yesterday on hedge address domestic needs here that coast week. But as we are debating this and funds, the unregulated part of the fi- to coast are so very serious. looking at sending another $100 billion nancial markets that is rather secre- [From USA Today] across the oceans, halfway around the tive. We don’t know a lot about them, (By Adam Shell) world, to support our troops and to try but we know many times they are in- SUBPRIME TROUBLES SEND STOCKS INTO to reach resolution to that conflict, I volved with intertwining with these SWOON want to bring to the attention of the types of loans that have been going out DEPTH OF DAMAGE IN MORTGAGE BUSINESS American people a very serious issue into the marketplace. CONCERNS INVESTORS here at home, one that is making head- We know our weak economy contrib- The ripple effect of the ‘‘submerging’’ lines all over the United States. utes to the situation, but also the fail- subprime mortgage market hit Wall Street This is USA Today’s headline, ure of the past Congress as well as hard Tuesday, with the Dow suffering a 243- ‘‘Record Foreclosures Reel Lenders,’’ State legislatures to address predatory point drop amid growing fears that home loan woes will infect other companies and and ‘‘Subprime Troubles Send Stocks lending practices and to try to nip this hurt the broader U.S. economy. In another Into Swoon.’’ problem in the bud before it became so volatile day on Wall Street, stocks were bat- The issue of mortgages across this much worse. tered by a slew of negative news in the home country going belly up by the thou- There is another side to this coin as loan arena, prompting investors to wonder sands should be of concern to every well, and that is the large number of just how deep the damage in the mortgage Member of this Congress. The stock campaign contributions made by these business will turn out to be. market this week has been roiled by hot-shot lending brokerage firms that ‘‘The market fears that the submerging subprime lenders could drag down other com- concerns over the financial health of have been making deals across this panies with it,’’ says Sam Stovall, chief largely unregulated mortgage broker- country; and that story, unfortunately, strategist at Standard & Poor’s. ‘‘Investors age institutions that have been irre- has to come out, too, and perhaps why fear credit will dry up,’’ which will make it sponsibly issuing mortgages in what is some lawmakers have been unwilling harder for people to borrow money to buy called the subprime market across this to grapple with the magnitude of this homes and for companies to raise much- country and much of that market tar- problem and prevent the kind of fore- needed cash in a pinch. gets consumers with less than stellar closures that are going on across the Tuesday’s biggest losers were financial credit ratings or who are at the mar- country. companies that either lend money directly to homeowners or provide cash to the lenders gins of home ownership in this coun- Let me say that this USA Today arti- themselves. Shares of subprime and commer- try. cle and the U.S. Department of Hous- cial lenders, investment banks and brokers They have been luring them into ing and Urban Development have a all finished deep in the red. The top two mortgages they can’t afford, and as phone number that I urge citizens to decliners in the Dow Jones industrial aver- those mortgages adjust to higher inter- call: 888–995–HOPE. 888–995–HOPE. age, for example, were American Express, est rates in the third, fourth, fifth and This line will connect those who are down 3.5%, and JPMorgan Chase, down 4.4%. subsequent years, they go belly up. concerned about losing their homes to Pain in that sector is magnified by the fact We saw yesterday the connection be- foreclosure with foreclosure prevention that financial services is the biggest of the 10 industry groups in the Standard & Poor’s 500 tween the fast rate of foreclosures and counselors nationwide. That is some- index, accounting for almost 22% of the the health of our economy when the thing we can do immediately. In the index’s total market value. Dow dropped 243 points as a reaction to measure we will pass next week, we Still, the fallout was broad-based. The Dow the dramatic rise in these foreclosures. will make every effort possible to put fell 243 points, or 2.0%, to 12,076, its worst As USA Today recounts in the first in housing counseling money, and I drop since Feb. 27, when it plunged 416 paragraph, ‘‘The reason many mort- would urge the Department of Housing points. The S&P also dropped 2%, with 487 of gage lenders are in trouble became and Urban Development to target those its 500 components finishing lower. The three worst S&P industry groups were home build- alarmingly clear Tuesday. The Mort- dollars to the areas that are just bleeding, specialized finance and investment gage Bankers Association said more ing with foreclosure after foreclosure banks/brokerages. than 2.1 million Americans with a after foreclosure. The bad news in mortgage land continued home loan missed at least one payment State and local governments could do to pile up around subprime lenders as New at the end of last year, and the rate of a lot to help homeowners find help Century Financial shares lost 49% and Ac- new foreclosures hit a record.’’ also, particularly in working out fi- credited Home Lenders fell 65% on concerns Companies like New Century Finan- nancing deals. I think Wall Street is their financial woes will worsen. The S&P’s cial, the Nation’s second largest going to have to take some losses. worst-performing stock: Bear Stearns, a big Wall Street brokerage with subprime expo- subprime lender, have quit making They ought to take them earlier rather sure, fell 6.7%. loans and are edging towards bank- than later. We ought to package some The big question now is whether Tuesday’s ruptcy protection. There is a map in of this debt, and we ought to find a way sell-off, like the Feb. 27 plunge, is just air the article that shows certain States, to eat some of it and move some of being let out of the speculative balloon, or and I am going to discuss my own now, those egregious profits they are mak- whether more serious economic issues are at that are far above the national average ing into filling the financing gap, be- play, says Nicholas Sargen, chief investment where we know thousands upon thou- cause what good will it do for us to officer at Fort Washington Investment Advi- sors. ‘‘Yeah, we are going to see a general sands of people are losing their homes. have millions of housing units across tightening of credit standards and a crack- Ohio was the number one State in this country vacant? It is not going to down on subprime lenders,’’ Sargen says. ‘‘If the Union to date with these mortgage help anybody. you say it stops there, that is nothing new. foreclosures, three times the national We know in these subprime markets, But, and it’s a big but, nobody knows for average. They are estimating that in they don’t set aside escrow money for sure.’’

VerDate Aug 31 2005 03:38 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.125 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2552 CONGRESSIONAL RECORD — HOUSE March 14, 2007 Investors will be watching what Lehman people on issues that need light. It is This is really tackling many of the Bros. says about the health of the mortgage good when we are able to give good in- issues that we have right here under market and if the damage is isolated to formation out. our nose, Mr. Speaker. We do not have subprime lenders when it reports earnings Mr. Speaker, I think it is important to go off into foreign lands and try to Thursday. Says S&P’s Howard Silverblatt: as we go through this week of account- ‘‘They will be looking to get more info as to figure out how we can correct. We need how much exposure there is and who else is ability in Washington, D.C. I think to correct some things right here in exposed.’’ that is what people have been waiting Washington, D.C., on how we do busi- [From USA Today, Mar. 14, 2007] on and counting on. The leadership is ness. being provided to make that happen. RECORD FORECLOSURES REEL LENDERS Also, requiring agencies to prepare a Earlier you heard me talk about the public letter explaining why they (By Noelle Knox) whistleblower legislation that was The reason many mortgage lenders are in awarded a no-bid contract. Again, shed- passed here today. When we start talk- ding light where we do not have light trouble became alarmingly clear Tuesday. ing about ending waste in Federal con- The Mortgage Bankers Association said now. This is leadership and work. It more than 2.1 million Americans with a tracting, we start looking at strength- takes work to uncover the fact that we home loan missed at least one payment at ening protections for Federal whistle- must shed light on the issue of no-bid the end of last year—and the rate of new blowers and moving to increase disclo- contracting. sure requirements for Presidential foreclosures hit a record. Also, requiring that contractors that The problem is most severe for borrowers records, and also requiring disclosure overcharge more than $1 million, that with scuffed credit and adjustable-rate mort- of big donors to Presidential libraries. it is disclosed to Congress. We want to gages. More than 14% of them were behind Providing long-term, overdue, con- bring about accountability. Disclose it. on their payments. And the worst is yet to stitutionally mandated oversight over come, the MBA said. At least $300 billion in veterans’ health care crises and other Right now, contractors that go over subprime ARMs will reset this year to higher Federal issues is very, very important. and overcharge, go over the billions of interest rates. Those borrowers face higher dollars. When I was on Homeland Secu- payments and a harder time refinancing. This is serious work, and there are some serious pieces of legislation that rity Committee last year, the oversight Blindsided by the number of loans that committee, seeing all of the contrac- have already gone bad, more than two dozen will cross this floor. lenders have gone out of business or been Tomorrow we will be dealing with tors that overcharged and was paid by purchased. New Century Financial, the na- the whole issue of accountability in the Federal agencies and Homeland Se- tion’s second-largest subprime lender, has contracting. That is so very, very im- curity, you charge us, you sent us a quit making loans and is edging toward portant, not only with the war in Iraq bill, we will pay it, no accountability, bankruptcy protection. and the war in Afghanistan, but many no oversight. Those days are over. It is ‘‘There’s been a stunning erosion of mort- of the contracts that are being exe- going to start here tomorrow here on gage quality,’’ said Mark Zandi, chief econo- this floor. mist at Moody’s Economy.com. ‘‘It’s pri- cuted in Homeland Security and the marily in the subprime market, but the en- Defense Department. As we start to I urge all Members to vote for the tire market is weakening . . . and that adds look at future disasters, looking at fu- legislation in the affirmative, and Mr. to problems in the housing market, and by ture contracting in our Federal agen- Speaker, maybe tomorrow when we extension the broader economy.’’ Retailers cies, it is important. come to the floor, the 30-something are already feeling the effect, he said, be- Limited duration of no-bid contracts Working Group, maybe we will have a cause homeowners tend to spend less when awarded in emergencies to 8 months; bipartisan vote on this legislation. It is they fear their homes are worth less. within the emergency, Mr. Speaker, if kind of hard for anyone to go home and To stem their losses, lenders are ending 100% financing plans, requiring better credit it is an emergency, it is an emergency, say I voted for the Accountability in scores and demanding more proof of a bor- not an emergency over the next 4 years Contracting Act. Just the word ‘‘ac- rower’s income. The stricter rules are for no-bid contracts. And many of the countability’’ I have been using that squeezing first-time buyers, as well as home- bigger companies have taken advan- for the last 3, 4 weeks. We will see. I owners who want to refinance. tage of the no-bid contracts and have hope we have it. Sellers, meantime, must compete with a been the headline of several news arti- Also, making sure that we close the rising number of foreclosures at cut-rate cles about the fact that we have not revolving door and requiring that prices. Lenders that seize control of a house provided the kind of oversight needed. former Federal procurement officers are usually aggressive about selling it, to Also, requiring large Federal agen- limit the cost of maintaining and marketing wait 1 year before seeking employment it. cies to develop and implement a plan at lobbying and contracting firms; re- It’s like a one-two punch, Zandi says. ‘‘It to minimize the use of noncompetitive quire that the Federal procurement of- means less demand because many potential contracts in having no-bid contracts, ficer wait 1 year before involving them- borrowers will be locked out,’’ just as fore- and many of these Federal agencies selves in contracts given by the former closures expand the supply of homes for sale. have not only doubled, but tripled in employer. Some economists, such as Patrick Newport some instances. of Global Insight, had been expecting the I think it is important, Mr. Speaker, real estate market to rebound soon. Now, he b 1930 once again, we had just here on this says, ‘‘We probably won’t see a recovery in So overall within the Bush adminis- floor, we have had Members that have the housing market until next year.’’ tration that has doubled under this ad- anchored bills, led it through Congress In fact, sales of new homes are expected to ministration. and announced retirement, in past Con- fall 10% this year, while sales of existing Also, requiring large Federal agen- gresses they have done this, announced homes are likely to slip about 1%, the Na- cies to implement a plan in minimizing retirement and go into the private sec- tional Association of Realtors said Tuesday. tor and make millions, but that hap- States with the most job losses are seeing the use of cost-plus contracting. Cost- the largest number of delinquencies. In Mis- plus contracting are the type of con- pens under the lights of this Chamber. sissippi, Louisiana, West Virginia, Michigan, tracts that give contractors little or no But in some of these Federal agen- Alabama, Missouri and Tennessee, at least incentive to control costs. This is so cies, you have some folks that will one in five subprime ARMs is in default. very, very important. This kind of con- start a project and then have an end In the final quarter of last year, 0.54% of tracting has grown by 75 percent under date of when they are going to end homeowners with a mortgage began fore- this present administration. their Federal employment to do what? closure proceedings—a record—up from 0.46% To go out and manage the project. in the third quarter. This legislation that we are passing Calls from distressed homeowners to the or will pass tomorrow hopefully as we Again, I do not know an Independent, Homeownership Preservation Foundation, a debate it on the floor is not for the Republican or Democrat that would en- free credit counseling service (888–995–HOPE Bush administration. It is for the fu- dorse that kind of activity. or 888–995–4673), have more than doubled ture. It is from this point on of how we Why will the Accountability in Con- from last summer. are going to deal with contracting, how tracting Act be on the floor to tomor- Mr. MEEK of Florida. I thank the we are going to cut out some of this row? Because the Democratic leader- gentlewoman from Ohio. I am so glad waste that is taking place here in ship has the will and the desire to that she comes to the floor often to Washington, D.C., and throughout the clean up the waste in Washington, share with Members and the American Federal Government. D.C., not just talking about it, not just

VerDate Aug 31 2005 03:38 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MR7.056 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2553 having boards behind us saying we be- about them when they take the votes cause over the past 60 years there has lieve in accountability, we hate waste, that are going to affect us, to affect been this huge, enormous bureaucracy but actually doing something about it. the Federal Tax Code and to affect how that they have built. The bureaucracy This should be good for the private the American family lives and works of the Federal Government that exists sector, too, of making sure that their and hopes and dreams and plans, how in this town is pretty much a monu- employees and individuals that work they make their plans for college edu- ment to the Democrats. They like it. with them and subcontractors that cation, how they make their plans for They like bureaucracy. work with them on Federal contracts small businesses, how they make their They did not have control of this are accountable and that they make plans for building a nest egg and a re- House for 2 days before they increased sure that they pay very close attention tirement. spending, and within 2 weeks they had to what they are doing with the tax- So we have the American Taxpayer increased taxes on the American mid- payer dollars. Bill of Rights that was introduced dle class and American working fami- So, Mr. Speaker, with that, I look today by the fiscally responsible Re- lies. Two days to increase the spending, forward to coming to the floor tomor- publican Study Committee, and this is so that they could feed this bureauc- row, talking about the victories of this something that we have brought on. racy, so that they could grow this bu- week. I believe tomorrow will be our Some of our colleagues are going to reaucracy; and 2 weeks to increase last day voting here this week, and I join us tonight and talk about this taxes on the American middle class and would like to just recap and also talk issue, talk about the legislation that the American family, men and women about what is coming up next week. we have brought forward, and that we that are working and seeing their taxes The reason why we are going through will bring forward through the next go up. Last week, I think it was $17.9 this process is because not only has the several months and talk about the pro- billion that they increased spending. leadership asked for inclusion of ideas, posals and the principles that we have So their habits have not changed. but to make sure that no one feels ex- laid forth today. They are going to continue to feed the cluded of being a part of this process Now, if my colleagues want to find bureaucracy, to see that bureaucracy and having the opportunity to vote on out more about the American Taxpayer waste money, to see that bureaucracy legislation. Bill of Rights, I would encourage them grow because that is the way they like The bipartisan votes that I have to go to the Web site which is it. mentioned earlier will continue to add house.gov/hensarling/rsc, and you can What we are going to do in the fis- on to that list, and soon I am pretty e-mail the Republican Study Com- cally responsible Republican Study sure it will be in the high 30s and 40s mittee at [email protected]. That is Committee is put the focus on the because legislation that makes sense to the way to stay in touch with us, and American family and on the American the people back home are coming to as we talk about the principles that are taxpayer and be certain that they the floor of the House of Representa- embodied in the taxpayer bill of rights, know we are defending their rights. tives in a record number like it has we want to hear not only from our col- One of those is to limit Federal never done before. leagues that are here in the House but spending to the growth of the Amer- So I am happy that we are having from our constituents all across Amer- ican family budget. Now, this is a great these bipartisan votes. I am happy that ica, from people who want to weigh in idea that we have taken from many of we are working as though we were in on making certain that this Nation our States. the minority, hungry to provide leader- stays focused on preserving freedom, In Tennessee when I was in the State ship. I am glad that accountability is on preserving free enterprise, that we Senate, when you look at our State shining on to this floor and throughout stay focused on making certain that Constitution, you cannot grow spend- the halls of Congress, and with that, America is a prosperous Nation. ing in that State more than the growth Mr. Speaker, once again, it was an Now, our components, we have four of the budget. You have got to be cer- honor addressing the House. simple principles that we have intro- tain that you balance that out. So f duced into the American Taxpayer Bill of Rights, and I am certain, Mr. Speak- what we are saying is, if we have per REPUBLICAN STUDY COMMITTEE er, that people that are listening to capita income growth of 3 percent or 4 The SPEAKER pro tempore (Mr. this say I think I have heard about a percent, then you cap your Federal PERLMUTTER). Under the Speaker’s an- bill of rights in my State; I think I growth spending at 3 percent or 4 per- nounced policy of January 18, 2007, the have heard this before. Many of our cent. You cannot be growing it 8 or 9. gentlewoman from Tennessee (Mrs. States have because many of our You cannot keep up with that. There is BLACKBURN) is recognized for 60 min- States know they need to be respon- no way to make those numbers work utes as the designee of the minority sible with the taxpayers’ money, and unless you go into deficit spending. leader. that is one of the first lessons. Our friends across the aisle love to Mrs. BLACKBURN. Mr. Speaker, I The money that we have here in Con- rail about deficit spending. Well, how appreciate the opportunity to come to gress is not government’s money. It is did we get there? They grew a govern- the floor this evening and to talk about not the money of the House of Rep- ment so big, with entitlements so wide, something that is of tremendous im- resentatives. It is the money of the that every year they come here and it portance to the American people, and taxpayers of this great Nation. They is always a little more and a little today, we have introduced an American are the ones that have earned that more. Let us spend a little bit more, Taxpayer Bill of Rights. money. They are the ones that have and a little bit adds up to a lot, and a This is something that we have had paid their taxes. lot adds up to a deficit, and a deficit talk. We have had a lot of conversa- Most of my constituents in Ten- adds up to a debt. tion. We have heard from constituents nessee will tell me regularly, Congress So limit what the Federal Govern- around the country who have said, you does not have a revenue problem; they ment is going to spend, get in behind know what, we do not like the size of have got lots of money and they are some of these programs that have out- government. We do not like how it has right. For the past 2 years, this govern- lived their usefulness. grown. We do not like how government ment has brought in more tax revenue Every year we bring forward pro- seems to be out of control. We do not than ever in history. We have had more grams that have outlived their useful- like how the Democrats always seem to revenue come in. The problem is gov- ness. Every year we talk about pro- support the government elitists. We ernment has a spending problem. Gov- grams that need to be reduced. Every know that we need to have somebody ernment has such an appetite, it never single year we talk about ways to find there fighting for the American tax- gets enough of your money. waste, fraud and abuse. It is time for payer, fighting for the American fam- Now, my colleagues across the aisle this body to have the will and the en- ily, so that when they sit down to work like to talk about how there is all this ergy to begin to reduce spending. out their budget, when they sit down to waste and how there is all this fraud Mr. Speaker, for all the rhetoric that look at the family finances, they can and how there is all this abuse, and you comes out from some of the liberal be assured that somebody is thinking know what, they are right on that, be- elites who want to pad and grow the

VerDate Aug 31 2005 03:38 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.128 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2554 CONGRESSIONAL RECORD — HOUSE March 14, 2007 bureaucracy and some of those organi- amendments. You cannot go into def- you fall in love, you get married, you zations that benefit from the bureauc- icit spending. The Federal Government pay higher taxes. The list goes on and racy, you do not hear them talking needs to adopt that practice. on. Now, that is bad enough, but that is much about the Deficit Reduction Act At this time, I would like to yield to just what would happen immediately if that this House passed and was the the gentleman from Texas (Mr. we don’t have a Taxpayer Bill of budget for 2006. The Deficit Reduction HENSARLING), who is chairman of the Rights. Act included a 1 percent across-the- Republican Study Committee, for his More importantly, as time goes by, board reduction in discretionary spend- comments on the American Taxpayer just to pay for the government we have ing. Bill of Rights that was introduced today, the government programs which today. are on automatic pilot to grow expo- b 1945 I yield to the gentleman from Texas. nentially, if I remember my 8th grade Lo and behold, that yielded a $40 bil- Mr. HENSARLING. I certainly thank geometry, it’s not growing like that, lion savings. Well, now, those on the the gentlelady for yielding, and I espe- it’s not growing like that, it’s growing left wanted to cry, oh, $40 billion is not cially thank her for her leadership. She like that. These programs are growing enough. It is a mere drop in the bucket. was one of the prime architects of the exponentially. What is going to happen It is not even a good start. Their solu- Taxpayer Bill of Rights that was un- is, as time goes by, the children and tion was to go out and propose several veiled today in the United States Cap- grandchildren of our families, they will hundred billion dollars’ worth of spend- itol. It is a very bold concept that we be facing a tax increase of almost dou- ing amendments that would increase have, and that is that taxpayers, tax- ble their present taxes. spending. payers ought to have rights that will Again, let me restate that, double That is how they wanted to reduce it. be as respected and as revered as those taxes. The average American family Not reduce what we were spending, just that are enshrined in our United States today pays about $20,000 a year com- maybe reposition some money and Constitution. bined in their Federal income taxes spend a little more. Now, why is this so important? Just and their payroll taxes. People who are So we want to be certain, the Repub- within the last 2 to 3 weeks, we have viewing this debate now, their chil- lican Study Committee, with our fis- heard reports now from the Congres- dren, their grandchildren, are going to cally responsible premises, let’s limit sional Budget Office, the Office of Man- be facing a crushing tax burden of al- it. Let’s not let this Federal budget agement and Budget, the Government most $40,000. grow more than the family budget. Accountability Office, the Chairman of Again, don’t take my word for it. Go Another of our premises is to ensure the Federal Reserve, the Secretary of to the Web site of the Office of Manage- that our Social Security remains se- the Treasury, every single person, or ment and Budget. Go to the Web site of cure. I think it is absolutely appalling every single department that is in the Government Accountability Office. that every year the Federal Govern- charge of either the monetary or fiscal The Comptroller General, I guess you ment spends the surplus from Social policy of our government have all come would call him the ‘‘chief green eye- Security, every single year. Every sin- to the same conclusion; and that is the shade guy’’ for the Federal Govern- gle year it goes into the general fund. number one challenge that we face, the ment, our key actuary, has said some- We have a plan we are going to bring number one fiscal challenge that we thing along the lines, and this is a par- forward, and we are going to see sev- face in America is the out-of-control aphrase, that we stand on the verge of eral different plans on this. Move it off spending represented by what we call being the first generation, the first budget, don’t spend it, make certain entitlement spending. generation in American history to that it is there for our seniors when Now, our friends on the other side of leave the next generation with a lower they are ready to retire. the aisle, they don’t want to do any- standard of living. Commonsense tax reforms: We have a thing to help reform entitlement Mr. Speaker, my wife and I have a 5- plan for sunsetting the Tax Code, and spending. They don’t seem to want to year-old daughter and a 3-year-old son, as we sunset that Tax Code on January work with us to find better, smarter, I am not just going to sit idly by and 1 of 2011, let’s begin now and have a de- more accountable ways to deliver allow that to happen, allow that to bate. Do we want a flat tax? Do we health care and to deliver retirement happen. We have to have a Taxpayer want a fair tax? How do we want to re- security at a more reasonable and af- Bill of Rights today to save the tax- duce what the taxpayer spends? How do fordable cost. So what that means is, payers of the future from this crushing we want to reduce the tax burden? there will be a tax increase, yet an- burden. Shame on us if we do nothing, You know, one of my colleagues was other tax increase on the American if all we do is look to the next election down here a little bit earlier and was people. and not the next generation. talking about how difficult things are Now, immediately, they have their That is why it was so important, par- for working families, how difficult sights on the tax relief that was passed ticularly having the help of the things are for moms and dads who are in the last few years, the tax relief that gentlelady from Tennessee in helping working and trying to make ends meet, has now created over 7.5 million new craft this Taxpayer Bill of Rights, four and where they could go for help. You jobs in America; 7.5 million more peo- very fundamental principles that are so know the best place they could go for ple are working now because of the eco- important to the future of this coun- help? The best place to go for help is nomic growth due to that tax relief. try. right at your kitchen table when you They want to do away with that. Number one, and probably the most can look there at the papers in front of We have the highest home ownership important principle, every taxpayer you and say, we have seen our taxes re- we have ever had in the history of ought to have the right to have their duced by 15 percent, by 20 percent, by America, home ownership, part and Federal Government not grow faster 25 percent. parcel of the American dream, and than their ability to pay for it. What a There is no need for nearly 50 percent thanks to this tax relief, we have that. radical concept to think that if your of everybody’s income to end up going Household net worth is up. The unem- family budget grows 3 or 4 percent, to taxes at the local, State and Federal ployment rate is lower than it was in why should the Federal budget grow 7, level. It is time to roll that back. Give the average of the 1990s, the 1980s, the 8 or 9 percent? people first right of refusal on the 1970s, and even the 1960s. All of this is Ultimately, we cannot sustain that money that they earn in their pay- due to tax relief. growth rate, because every time, every check. But our friends on the other side of time we balloon the Federal budget, we Our fourth premise is to make cer- the aisle, they want to take it away. are putting the family budget in a vice. tain that we have a balanced budget They would take the working poor and That means there are families all over amendment, another great idea that increase their taxes 50 percent. They the Fifth District of Texas, that I have has come from our States. Many of our would take away the 10 percent brack- the honor of representing in the hal- States have balanced budget amend- et, bring back the 15 percent bracket. lowed halls of Congress, some family in ments, many of our cities and county They bring back the marriage penalty, the Fifth District of Texas, now they governments have balanced budget the marriage penalty. Tomorrow, if are not going to be able to send a kid

VerDate Aug 31 2005 03:38 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.129 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2555 to college because there is a plan, they Of course, we can balance the budget fairness and some amount of ration- don’t have any rights as taxpayers, and if we double their taxes, if we take ality can come in, because if we say their taxes are going to get increased away their hopes to send a kid to col- ‘‘yes’’ to everybody who walks in our 50 to 100 percent. lege, if we take away their hopes to office today with their hand out, we Some family in the Fifth District of start a small business, if we take away end up saying ‘‘no’’ to our children’s Texas will not be able to enjoy their their hopes of providing long-term care future. version of the American dream, express for an aged parent. Sure, that is one b 2000 their entrepreneurial spirit and start way of balancing the budget, but there their first small business. Some family is another way. It is for Members of And, again, I don’t want to be a part in the Fifth District of Texas, they are Congress to actually do the hard labor of the first generation in America to not going to be able to get the proper, of prioritizing all the Federal expendi- leave the next generation a lower long-term care for an aged parent, all tures and getting there and reforming standard of living. That is not the because Uncle Sam will take more ancient programs that are no longer American way. That is not the Amer- taxes, more and more taxes, just to pay fulfilling their mission, or maybe they ican dream. There is a better way, and for the programs we have today. already have. Maybe they have already it is called the Taxpayer Bill of Rights. So we believe that every taxpayer achieved success. And with that I would be happy to ought to have the right to have their It wasn’t too long ago that I figured yield back to the gentlelady. Federal Government not grow beyond out that we were still paying for Radio Mrs. BLACKBURN. I thank the gen- their ability to pay for it. The Federal Free Europe. I don’t know how many tleman from Texas for his leadership budget should not be growing faster people who are listening to the pro- on the issue. The American people have than the family budget. ceedings this evening remember Radio just so clearly said we are tired of this Second of all, we know how impor- Free Europe; it served a very vital role wasteful spending. We are tired of tant Social Security is to our seniors. in helping win the Cold War. But if I taxes that continue to go up. We are Not only am I a father, I am very remember my history properly, the tired of watching wastefulness in bu- happy that I have parents who have So- Berlin Wall came down in 1989. We reaucracies that don’t respond to you cial Security. It is part of their in- should have given everybody at Radio when you need them, when you have a come. It is a very important program. Free Europe a great party, given them problem. But every taxpayer who pays into So- a great bonus check and used that And we have heard from so many cial Security ought to have the right money to help shore up Social Secu- people today who have said, we are so to know that their Social Security rity. excited somebody has grabbed this taxes will be used only for Social Secu- President Ronald Reagan once said problem and is looking for solutions, rity. We know if we don’t reform that the closest thing to eternal life on because that is what the American peo- program, if we don’t take it away from Earth is a Federal program. So we have ple want is for this body to come to- big spending liberals in Congress, they to decide, what is the priority around gether to grab hold of problems and to are just going to blow it on something here? We need to balance the budget. work for solutions, work those prob- else. That is not right. The easiest thing Members of Con- lems through to solution, so that we Every taxpayer should have the gress do is, they say ‘‘yes’’ to some make certain that our children and our right, should have the fundamental constituency today, and then they just grandchildren are going to have a bet- right, who pays into Social Security, go ahead and send the bills to a future ter future, so that we know that we are to have that money go to Social Secu- going to leave things in better shape rity. generation. Just by leaving govern- than we found them. That is good stew- Third, the Tax Code is wrong. It is ment on automatic pilot they are send- ardship. unfair, it is complex, it is unconscion- ing bills to future generations, because And continuing to feed this bureauc- able. It ought to be pulled out by its we know again, if the Democrats on racy that started with the New Deal, roots and thrown away. Every taxpayer the other side of the aisle will not work should have the right to a fair and sim- with us to reform out-of-control, run- that started with the great society, ple Tax Code, one that they can under- away entitlement spending, again, our programs that have piled on and piled stand, one that they don’t have to em- children and grandchildren are going to on and piled on; people that are afraid ploy an army of lawyers and account- face a doubling of their taxes. That is to say no to every special interest ants to explain to them, a Tax Code unconscionable, absolutely unconscion- group that comes in this town. where, if you call the IRS, you able. It is time for things to change. The shouldn’t get five different answers So we, the conservatives within the Republican Study Committee has unjust because you talk to five different House of Representatives, represented veiled their Taxpayer Bill of Rights; people about a problem. by the Republican Study Committee, house.gov/hensarling/rsc. Or e-mail the They ought to have a right to a Tax believe that taxpayers deserve four Republican Study Committee, Code that, due to its complexity, fundamental rights: a right to have a [email protected], and give us your doesn’t send jobs overseas. government grow no faster than their comments and your feedback and par- It is time to sunset the Tax Code. We ability to pay for it; they should have ticipate with us as we look at ways to want to sunset the Tax Code in 3 years the right that every single penny of make certain that we take less from and force this body to replace it with their Social Security tax dollars goes the American worker, we take less something that will be fair, something to Social Security; they ought to have from the American family, we reduce that will be simple. the right to a fair and simple Tax Code; those taxes, and we leave that money Winston Churchill once said that and they should have the right to have there with you, without ever taking it Americans will usually do the right the Federal Government balance the away, leaving it for you so that your thing once they have exhausted every budget so that they don’t end up pay- pay check is bigger, so that you have other possibility. It is time to exhaust ing half of their tax burden for pre- got money left over at the end of the the other possibilities and help force vious generations. month, instead of having too much this Congress to do the right thing and So I am very happy that 100-plus month left over at the end of the scrap the Code. members of the Republican Study money. That is the way we need to be Fourth, the fourth right of the con- Committee have come together to em- doing it, leaving the money with the servative movement in the House, the brace this Taxpayer Bill of Rights. It is taxpayer. Republican Study Committee, we be- a very exciting concept, and one, Mr. At this time I would like to yield to lieve that every taxpayer ought to Speaker, that legislation will be intro- the gentleman from Georgia, Dr. have the right to have their Federal duced in the weeks and months to GINGREY, who has been such a leader on Government balance the budget. Fami- come, that we will be talking about fiscal issues and on the tax reform lies all across America have to balance from coast to coast, north to south, issues, and seek his comments on the their budget. Why doesn’t the Federal east to west, that we believe will cap- Taxpayer Bill of Rights. Government balance theirs and balance ture the imagination of the American Mr. GINGREY. Mr. Speaker, I really it without raising their taxes? people so that finally some amount of thank the gentlelady for yielding. And

VerDate Aug 31 2005 03:38 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.131 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2556 CONGRESSIONAL RECORD — HOUSE March 14, 2007 I am sitting here chuckling a little bit being of America. And what we are want to get rid of some of these 17,000 here at that comment, too much talking about now is the fiscal well- pages of deductions and credits and month left over at the end of the being in this Taxpayer Bill of Rights, special preferences and incentives, and money. If that doesn’t cut to the chase, equally as important. they want it to be simple and easily I don’t know what does. And certainly And again, I am proud to be sup- understood. And I appreciated that. I want to compliment my colleagues portive of my colleagues in the Repub- There are those, and the gentleman from the 108th Congress. lican Study Committee. I hope that we from Georgia mentioned that, another Mrs. BLACKBURN. If the gentleman can have the Blue Dog Democrats em- of our colleagues, who supports the fair would yield. brace this TABOR, Taxpayer Bill of tax, and having just the national sales Mr. GINGREY. Of course I will yield. Rights. tax, and how important that would be Mrs. BLACKBURN. I have a con- I will tell you this, Mr. Speaker. This to allow a debate on that. How wonder- stituent who uses that phrase all the is the season of Lent. It is the season ful for the American people if both time, you know, about having too when Christians reflect on their spir- sides would come together, if they much month at the end of the money, itual life, and they think about repent- would join the fiscally responsible Re- and would like to have a little bit of ance and doing things better and being publican Study Committee and say, we money at the end of the month. better toward their fellow man and are going to have this debate. We are And today, during our press con- making sacrifices. going to get rid of this Tax Code. We ference, as we announced this, one of And I will tell you, I have thought are going to set about on the path so our colleagues was quoting one of his about that during this Lenten season; that our children and our grand- constituents named Hoss. Another of we are midway at this point, of my po- children will say, they thought about our colleagues got up and quoted the litical life and what changes I, as a me. They put in place a tax code that philosopher, Voltaire. Member, can make, representing those I can do my taxes myself. I can focus And where I come from in Tennessee, 650,000 constituents in the 11th Dis- on building a business. I will have more we generally quote country music. And trict, Northwest Georgia, what can I do money in my checking account, in my when we talk about this Tax Code, I better for them? savings account, in my business, build- generally think of the great James Have I lost my way a little bit? ing that nest egg. They will leave that Dean Hicks song sung by Randy Travis, I want to say this, Mr. Speaker. And money with the person that earns it, ‘‘When You’re In a Hole, Stop these are my two good friends that are rather than sending it to a bureaucracy Digging.’’ on the floor with me. They have not to waste on frivolous desires. And I ap- And that is what the American peo- lost their way. And they have been an preciate the comments the gentleman ple and what a lot of our constituents inspiration to me from day one, back from Georgia made on that issue. are saying. We have dug such a hole in 2003, when we were sworn in, in re- At this time, I would like to recog- with this 17,000 pages of Tax Code, and gard to their total commitment to fis- nize the gentleman from Iowa (Mr. it is taking too much away, and there cal responsibility and taking that lead- KING), who has worked diligently on is not enough to cover the expenses ership role. the issue of tax reform since he came every single month. So we are kind of I have been maybe, from time to time to this body. looking at the IRS and saying, maybe a little bit squishy. Some of those peo- And Mr. Speaker, it is a point of per- we will bury these tax books. ple that come in, you know, it is easy, sonal pride for me that our freshman And I yield back to the gentleman. everybody needs a little bit more. Just class that was sworn in in 2003, every- Mr. GINGREY. And I thank the gen- what is going to make you happy? one that is here in the 108th Congress, tlewoman; and absolutely right on tar- Well, just a little bit more spending all the Members speaking tonight were get. I also share her love of country from the Federal Government. a part of that class. music as well. But I am recommitting myself during And I yield to the gentleman from But when we did that press con- this Lenten season, both spiritually Iowa (Mr. KING). ference today, Mr. Speaker, with our and politically, because what has real- Mr. KING of Iowa. I thank the Communications Chair of the Repub- ly happened, Mr. Speaker, and I think gentlelady from Tennessee and espe- lican Study Committee, our chairman, my acting Legislative Director said cially all the work that you do and the the distinguished gentleman from this to me as we were chatting earlier way that you helped direct this com- Texas (Mr. HENSARLING) and JOHN this evening. He said, you know, Con- munications together so that it is a CAMPBELL, the gentleman from Cali- gressman, what has happened here is consistent message. And it is a privi- fornia, who chairs our Subcommittee the Federal Government has become lege to serve with you. And there is a on the Budget and Spending Task this giant riding lawnmower, this giant certain bond that comes in. When you Force and many other of the members riding lawnmower, when the Founding come into this Congress together, you of the Republican Study Committee Fathers really intended it to be a go through these wars together, and and talked about this four point Tax- weedeater, and that is exactly what you fight the battles together and payer Bill of Rights. Everything has has happened. We need to go back and stand up for Americans and for the got an acronym. You could call that with this Taxpayer Bill of Rights, go Constitution together. And those are TABOR, I guess, TABOR. But the gen- back to the days when the Federal bonds that make us stronger and make tleman from Texas who just preceded Government was a weedeater, and we us better and more unified. And when me outlined those 4 points. I don’t need can do it. And I commend my col- we see things happen that are breaking to go back into that. leagues, and I appreciate the oppor- down the opportunity for a better But clearly, the Taxpayer Bill of tunity to share those thoughts with my American destiny, that is when we Rights is just as important, as one of colleagues tonight. rally and come together for the things the Hosses from the State of Georgia, And I yield back. that are right. our dear esteemed colleague, Charlie Mrs. BLACKBURN. I thank the gen- And so with the discussion that has Norwood introduced a bill a number of tleman from Georgia. I was interested been going on here, that has to do with years ago, the Patient Bill of Rights. I in some comments the gentleman from the responsibility of funding and being love that. The Patient Bill of Rights. I Georgia made earlier today as we look able to put together a real fundamental wasn’t a Member at the time. It in- at sunsetting the Tax Code. And I ap- tax reform and the reference to the fair spired me to become a Member, be- preciated his perspective on the con- tax, I need to stand and say that that cause he was concerned about the phys- versation we should have with the is something that I came to a conclu- ical well-being when the excesses of the American people about sunsetting the sion that I was supportive of that con- managed care industry, if you will, Tax Code, and then, what kind of tax cept some time in about 1980. In fact, I were really causing people a hard row we go to, and what a great and vig- know it was 1980 because it was the IRS to hoe to get to their doctor of choice. orous debate that that can be. We have that audited me one too many times in And Charlie Norwood, Dr. Charlie, had got some wonderful options to choose a row and the audit was for 1979. And as that Patient Bill of Rights because he from. And there are those that want to I sat there and my business was immo- was concerned about the physical well- reduce the limits. There are those that bilized for 4 days while I pulled pieces

VerDate Aug 31 2005 04:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.132 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2557 out of the filing cabinet, finally we got gress, this 110th Congress. And I bring on the floor of the United States Con- that resolved. And then I went back my Bible to the floor and I swear on gress. out and climbed in the seat of a bull- my Bible, not the Koran, but the Bible, I would be happy to yield back to the dozer and I began to think, why are and I swear to uphold the Constitution lady from Tennessee, and I thank you. those people in my kitchen? Why are of the United States. Mrs. BLACKBURN. I thank the gen- they looking through everything, all Well, I happen to have one here, I tleman from Iowa so much. my records that I have had for the last carry it in my jacket pocket every day. And I am so pleased that he men- several years? Who do they think they And the people who are behind the tioned the supplemental budget that are making Monday morning quarter- scenes that are drafting the supple- will come before us. I noticed today in back decisions on decisions I had to mental bill that needs to take care of an article I was reading that it would make on the fly while I was trying to our military and adding the billions of include $16 million for new House office make a living? And wouldn’t it be won- dollars onto that need to go back and space. That is not an emergency pri- derful if we could live without the In- check this Constitution in a couple of ority, it is not a war priority, that is ternal Revenue Service. places. They swore the same oath. And something that should be disclosed in And so I started with that principle, here are our constitutional responsibil- the regular budget. And I find it so cu- quickly got to the principle of, as Ron- ities as a Congress. This comes from rious that we are having this type ald Reagan said, what we tax we get article I, section 8. spending find its way into our budget. less of. What you subsidize, you get We have the responsibility and the And Mr. Speaker, that is unfortunate more of. What we tax we get less of. constitutional authority to declare that the American people are having And so the Federal Government, in war; to raise and support armies, to the wool pulled over their eyes, if you its ‘‘infinite wisdom,’’ and I do put that provide and maintain a navy, by impli- will, are being afflicted with this type in quotes, has the first lien and tax- cation, and an air force; and to make of budgeting process where there is ation on all productivity in America. rules for the government and regula- going to be all sorts of additional do- Well, I want to take that first lien off tion of the land and naval forces. mestic spending that goes into some- of all productivity. I want to untax all And we also have to recognize that in thing that is to fund our troops and to productivity. I want to untax the poor. the Constitution the President shall be meet the needs of the men and women I want to put the tax on consumption, commander in chief of the Army and in the field. not production. And if we do that, we Navy of the United States, and of the As I close this tonight, I want to go will see this Nation’s economy blossom militia of the several States when back to talking a little bit about how and grow dramatically. People will get called into actual service of the United we limit the Federal spending, how we back their freedom. Little Johnny, States. That is our constitutional obli- limit the growth in the Federal Gov- that puts up his baseball cards, or gation, Mr. Speaker. And we have all ernment. And as we have worked on Sally, that buys her Barbie doll taken the same oath. preparing this American Taxpayer Bill clothes, will have to dig a couple of And we will have another profound of Rights and as we have looked at the dimes out for Uncle Sam. And when constitutional debate here on the floor items that go into this, as we look at they see that, transaction after trans- of this Congress. And I will submit that how to grab hold of this situation and action, that generation of Americans there has not been a court test or a this problem and solve it and move the will understand how expensive the Fed- court challenge to the standards that I solution to the floor of this House, as a eral Government really is, and some of am going to ask this Congress to be way to be certain that we keep the em- those little Johnnys and Sallys will held to, and that is, this constitutional phasis on freedom and prosperity for come to this Congress and stand here standard, this standard of we declare the American people, we had a com- on this floor like we are tonight, and war, we fund the military and we hand ment that was made. And it was that they are going to say, boy, you know, the authority of commanding this mili- the Federal budget should not tell the I kind of like my freedom, and I am tary over to the commander in chief story of the government, the Federal really not that happy with more gov- because it is a constitutional right budget should tell the story of the ernment security, and we will have a that he has and a constitutional obli- American people. Nation of responsible people that will gation that we have to support and And, Mr. Speaker, I think that that be singing their voices here on the trust him as he makes those decisions, is a very appropriate way for us to con- floor of Congress and shrinking the re- those life and death decisions; and I sider this budget document and what sponsibilities that Congress has taken mean life-and-death decisions for the budget should look like and what on, and expanding personal responsi- armed services personnel, also life-and- the Federal spending should look like. bility. death decisions for American civilians, Because truly if we are listening to our Mr. Speaker, I would also like to ad- for civilians around the world. constituents, if we are making certain dress this issue of this bill that we ex- The life-and-death decisions for the that we meet our priorities of leaving pect is coming to the floor next week, life of this Nation hang in the balance. money with those who earn it, bal- and the bill that would have in it the And we think that we have 435 generals ancing the budget, making certain that supplemental appropriations for our here in the House of Representatives, the money we earn that has been set armed services, and all the bells and and 100 generals over there in the Sen- aside for our retirement and Social Se- whistles and the Christmas tree that ate, and somehow that committee of curity is there for Social Security and the people on the inside of the door 535 can come to a consensus and we can is not spent on frivolous needs, frivo- could possibly hang on there to the figure out how to fight a war which re- lous wants of the government, then we tune of, we are at least hearing $20 bil- quires intelligence, secrecy, knowl- can say, yes, indeed, the budget docu- lion in other wants that some people edge, decisionmaking, the element of ment, Federal spending, should tell the want to have that they want to bring surprise, the list could go on and on story of the American people and their to this floor when we need to make and on, all the things we could give up priorities. sure that we fund our military in a re- if we think we can micromanage a de- And, Mr. Speaker, I think if you were sponsible fashion. bate from here. to ask any of our constituents, what It is a political debate on this floor, are those priorities, what should gov- b 2015 Mr. Speaker; it is not an analytical de- ernment do? They will tell you, defend And we haven’t seen a lot of those debate. It needs to become a constitu- our Nation; keep us free; make certain tails. They aren’t going to come to us tional debate. I am going to stand with that we are secure; keep the emphasis in time to actually debate them and the Constitution. I am going to stand on our families; keep the emphasis on analyze them very well, but they have with my Oval Office. I am going to our communities; make certain that been leaked to the press. stand with the commander in chief, we are safe, that we are free, that we So I would like to make a point here, whether he is a Democrat or Repub- have the opportunity to seek the a point, Mr. Speaker, for the American lican, and maintain my constitutional American Dream. And as many of us people to understand. We all come responsibility here and keep my oath, would say, keep that focus on faith, down here on this floor every new Con- which I swore on my family Bible here family, freedom, hope and opportunity.

VerDate Aug 31 2005 04:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.133 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2558 CONGRESSIONAL RECORD — HOUSE March 14, 2007 That is what we should do as we keep is supposed to go for boating. It makes to do it because that is the way it will our focus on the American Taxpayer sense that when you pay a tax for really get done. Bill of Rights. something it goes for that. But that Four rights, four simple rights in the We have been joined by the gen- isn’t what has been happening with So- American Taxpayers’ Bill of Rights tleman from California (Mr. CAMP- cial Security. Those taxes have been that, put together and enacted into law BELL), who chairs our Budget Com- lumped in with everything else and and the Constitution, will put the con- mittee. And I am going to ask him to used for whatever, and that is just straints around Congress to keep provide our closing remarks as we fin- wrong. So it should be used only for spending under control so that the ish our debate this evening on the Tax- Social Security. freedom of the taxpayers is enhanced. payer Bill of Rights, and at this time I Third, you have the right to a Tax I yield back to the lady from Ten- yield to the gentleman from California. Code that you can understand and that nessee. Mr. CAMPBELL. I thank the lady is fair and that is simple. Now, I am ac- Mrs. BLACKBURN. I thank the gen- from Tennessee, Mrs. BLACKBURN, for tually a CPA, Mr. Speaker, and I have tleman from California and for his yielding and all of your great, great a Master’s in taxation. I used to pre- work in chairing our Budget Com- hard work on this and all kinds of pare tax returns for a living, that is be- mittee in the Republican Study Com- other issues on behalf of the taxpayers, cause it is not an easy thing to do, but mittee. And again, house.gov/ because that is what this is about, Mr. it should be. So what we have proposed Hensarling/rsc. E-mail us at Speaker, this is about the taxpayers, is that the Tax Code, the current lab- [email protected]. American Taxpayers Bill of Rights. It yrinth, this Byzantine Tax Code that And it looks like the final word we is about American taxpayers having in we have, these sunset; that means it can slip in here is the gentleman from law rights that they should have by ends, it quits, we repeal it as of Janu- New Jersey (Mr. GARRETT), who is a right. ary 3, 2011. That would give us 4 years, member of the Budget Committee and You know, Congressman RYAN from Mr. Speaker, if you include this year, continues to work on fiscal issues for Wisconsin today said, and I am going in which to come up with an alter- the betterment of this great Nation to paraphrase some of what he said, native, an alternative that is fair and and of our American families. that Congress should have constraints simple and understandable. I yield to the gentleman. so that the people can have more free- You know, taxes are supposed to b 2030 dom. raise the necessary revenue to fund the If you look at what has happened government’s necessary operations Mr. GARRETT of New Jersey. Mr. here, in 34 out of the last 38 years, this with the least interference with com- Speaker, I appreciate that, and I will Congress has spent more money than it merce. I think you could argue that leave the final word to the gentle- took in. It ran a deficit 34 out of the the Tax Code that we have today raises woman. last 38 years. This year will be another more revenue than what the govern- I just wanted to come to the floor to one. That will be 35 out of 39 years. ment needs to do, what the government commend your work here today and Clearly something is structurally should do—not what it is doing, but the press conference that we had ear- wrong. what it should do—but it does it with a lier today and the work of the RSC on What the American Taxpayers’ Bill tremendous interference with com- this matter. of Rights will do is put some structure merce. So we would propose to sunset As was indicated earlier, the sooth- and make this structurally right. Let’s the Tax Code. sayer said to Julius Caesar ‘‘Beware just run through one more time what And the fourth right in the American the Ides of March.’’ And that is exactly those four rights are that are going to Taxpayers’ Bill of Rights is the right where we are right now, the center of restore fiscal responsibility here in to have a government that balances its March. A time of doom, a bad omen in Washington, the fiscal responsibility budget the way that people at home many ways. And it is a bad omen for that the people watching at home al- balance their budgets every year. many Americans because many Ameri- ready have. Now, as I started out in this com- cans across this country right now are First of all, you have the right to ment, 34 of the last 38 years, this gov- sitting at their kitchen tables or their know that your government will not ernment has been unable to balance its dining room tables getting all their pa- spend money faster than your ability books. Can you imagine if people at perwork together to do their taxes. Ac- to pay for it. What does that mean? home, average American taxpayers, tually, I don’t know how many Ameri- Well, Mr. Speaker, that means that if went 34 out of 38 years spending more cans still do their own taxes. Many taxpayers’ incomes go up by 3 percent money that you had, spending more people actually pay now to send it out in a given year and the government’s money than your income? You to some of these accountants out there, spending goes up by 7, you won’t be wouldn’t have lasted very long, and the that you were referencing before, to do able to pay for it. If you get a 3 percent government shouldn’t have lasted very them, because it has gotten just so raise and the government spends 7 per- long either. So we propose a constitu- complicated. It has gotten just so in- cent more money, the only thing they tional amendment to balance the budg- comprehensible. can do is increase taxes so much that et and to provide that you can’t raise Earlier today we saw the little stacks they take 100 percent of that raise and taxes without a two-thirds vote of this of books of the regulations and the then some. So the government gets to body and of the Senate. Code that is made up of the incompre- spend more while you hardworking tax- Now, a lot of people out here talk hensible regulations. And that is why payers at home actually have less balanced budgets. I bet if you asked the Americans can’t understand the entire money to spend. 435 Members of Congress if they were in Code. And for that matter, and I raised That is unsustainable. That can’t favor of a balanced budget, that 435 this question earlier, I think it would continue. And so we propose that there people would say, ‘‘yes,’’ they are. be interesting if someone did a survey be a limit on the spending of govern- Well, that is great because we have had of all the Members of the Congress and ment, that from year to year it can’t statutory balanced budgets, we have the Senate, 535 Members of the House increase spending faster than your in- this scheme today that the majority and Senate. These are the people who come increases. party has put, called PAYGO, which is actually made that Tax Code. How Second, you have the right to know a complete sham, but it is supposed to many of them actually do their own when you pay taxes for Social Security be an argument that it is somehow a taxes anymore? I don’t do it anymore that they are used for Social Security. balanced budget. Well, you know what? because, quite honestly, I find it in- That doesn’t seem like that strange a If we really want a balanced budget, a comprehensible, as well, and I send it concept. Your Social Security taxes constitutional amendment requiring a off to an expert. are supposed to go to Social Security. balanced budget will absolutely do it. The initiative that we are all pushing When you pay for a driver’s license at So now let’s ask those 435 Members here tonight is to say that it has gone the DMV, that is supposed to go to proof this body, okay, you say you want a far too long to have an incomprehen- vide your driver’s license. When you balanced budget. Well, then you ought sible Tax Code. We can’t be sure that pay a fee on a boat or something, that to support a constitutional amendment we are paying a fair amount if we don’t

VerDate Aug 31 2005 03:38 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.134 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2559 know what we are filling out. So what OVERSIGHT AND ACCOUNTABILITY of my freshmen colleagues, but if we we are doing here is not only citing the IN GOVERNMENT just go through a list and you can pick problem, but setting the road to recov- The SPEAKER pro tempore (Mr. up on any of these subjects because, ery of that problem as well by coming PERLMUTTER). Under the Speaker’s an- sadly, there are so many areas where up with a comprehensible system of nounced policy of January 18, 2007, the the past Congress had been delinquent, paying our taxes. gentlewoman from Ohio (Ms. SUTTON) and we have already had to move to While that is incomprehensible, how is recognized for 60 minutes. act. The war in Iraq, between the House you fill out your taxes, what is not in- Ms. SUTTON. Mr. Speaker, it is my and the Senate since we took the lead- comprehensible is the fact that we honor to be here today with some of ership in this body, since we became have been paying and spending far too the other Members who were newly elected just a few months ago. And, the majority under the leadership of much in the Federal Government for boy, it was a few months ago, but we Speaker NANCY PELOSI, there have been far too long. The American family real- have been making strides. And we are more than 97 oversight hearings that izes that they have to live within their here to report to the American people have looked into the conduct of the means, that they have only so much of the steps that we have taken to in- Iraq War. And certainly that was some- a paycheck each week and they have to crease the oversight and accountability thing that the American people made make sure that that goes as far as of this government. loud and clear, when they elected this their expenses, and they can’t spend I am sure that, like many of my col- new majority, that they desired. any more than that. leagues who were elected, one of the And, sadly, in the wake of revela- The Federal Government, as we reasons I am here, I came to Congress tions of inadequate care and conditions know, does that every day, spends far to clean up the culture of corruption for wounded soldiers at Walter Reed more than they take in. That is what that had so flourished under the Re- Army Medical Center, both the House the American public doesn’t under- publican leadership in previous Con- and the Senate have launched inves- stand. If the American public has to gresses. And to that end, on the very tigations and hearings into those mat- live within their means, why doesn’t first day that I was here, it was my ters. the Federal Government have to do so? honor to proudly cast a vote to end an We are also looking at the political The initiative that we are talking era of corruption in this Capitol and to ramifications of actions taken with about here would say, balance our begin to change the way this Congress U.S. attorneys and the linkage of im- budget, be just like American families is doing business. To make it such that proper phone calls from Republican at home, and live within our means. this Congress begins to enact policies Members of Congress and senior staff that benefit the American people rath- that forced resignations of those U.S. The final point is this: We have er than just the special interests and attorneys. talked in the past, also on this floor, the privileged few. The Hurricane Katrina response, we with regard to ethics, and I may be We took aim at the corruption and heard a lot right after the hurricane, wrong but I think it was in an article the abuses because it was a necessary after we saw the tragedy, not just the in The Washington Post that said, why prerequisite to creating policies that natural tragedy, but the tragedy in the are we exceeding our spending and why benefit all Americans. And people were lack of response of this government; do we have these ethical problems on K tired. People were tired back in Ohio. and we heard a lot about how we were I have the privilege to represent peo- Street and the like? And one of the rea- going to take that seriously from the ple who are the salt of the Earth. But sons they said, and this references the last Congress. And now, because they we saw both at the State level and the point that the gentleman from Iowa didn’t do that, we have been called Federal level scandal after scandal. said before, is because we exceed our upon and we have answered and House Scandals of public officials being constitutional authority, as Mr. KING committees are looking into the hous- bought off by special interests, public was pointing out; that we spend in ing and health care crisis that persists officials abusing power, and Republican areas that the Constitution never per- after that bungled response to the gulf mitted us to do in the first place. leadership and officials neglecting to provide oversight. coast disaster. The Washington Post article made Democrats, in the very first hours of And we are also looking at and ad- the same reference. If we live within this new Congress, they severed the dressing the many aspects of the cli- our means, live within the constitu- links between those who would buy inmate crisis and our dependence on non- tional boundaries, we would meet the fluence on Capitol Hill and those who renewable fuels from foreign sources. objectives of the American family. would, unfortunately, willingly sell it Investigations, hearings, initiatives that are long overdue. And, of course, I see by the clock on the wall we are and create and facilitate this culture of there are many, many upcoming hear- coming to the end of the time. And I corruption that the American people have had to suffer under. We acted to ings. appreciate the gentlewoman’s work in And at this point what I would like this area. clean up that corruption that eroded the public trust and resulted in far too to do is, I would like to yield to my Mrs. BLACKBURN. Mr. Speaker, I many policies, as I said, that just bene- friend from Minnesota, Representative thank the gentleman from New Jersey fited the few at the expense of the ELLISON, to hear what you think about and I thank all of my colleagues for many. some of these things that we have been joining me. We have begun and we have contin- doing in this new Congress. The American Taxpayer Bill of ued to restore oversight and account- Mr. ELLISON. Congresswoman SUT- Rights, this is something we are push- ability since that first day in our gov- TON, it is a great honor to be here with you tonight together with our other ing forward to the forefront. Over the ernment through hearings and greater colleagues in the freshman class who past 60 years an enormous bureaucracy transparency, through initiatives that will be speaking in just a moment be- has been built. Our Democrat friends we have enacted and we continue to cause I think it is important that the continue to want to feed that bureauc- enact. And this strong congressional American people know that the fresh- racy. We say, it is time for the spend- oversight in the 110th Congress has dra- man members of the Democratic Cau- ing, it is time for the increased taxing, matically reversed years of neglect of cus came to this Congress, not to oc- to stop. They had power for 2 days the constitutional role of the Congress cupy space, not to warm a seat, but to when they raised your spending. They in providing oversight of Federal ac- create positive change for the Amer- had power for 2 weeks when they raised tivities. The American people have had ican people, to project a vision, a vi- your taxes. The American taxpayer de- enough. They have suffered enough sion of inclusion, of a generosity of serves a break. from the lack of oversight. And I am so fairness, a vision that says that this House.gov/hensarling/rsc, the fiscally happy to be here with my new col- economy should be one where every- responsible Republican Study Com- leagues in this role to clean it up. body can be successful. mittee has proposed the American Tax- Just to name a couple of things, and This government should be one where payer Bill of Rights. then I am going to pass it off to some everyone has access, not just lobbyists

VerDate Aug 31 2005 03:38 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.136 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2560 CONGRESSIONAL RECORD — HOUSE March 14, 2007 and the privileged few, a system of gov- and then when the explanations did American people to continue to insist ernment that people can feel proud of come, their reputations were be- that all the facts come out. We have to and not have to be worried that privi- smirched—they said that they were not know. Justice must be served, and it leged individuals might be lining their good workers, that they were not good must be served with these U.S. Attor- pockets at the expense of the American employees of the State, not carrying neys, because if the people whose job it people. out an excellent mission for the people is, the ministers of justice, cannot be We came here on November 7. We of the districts that they were charged comfortable in doing their work, then were elected here by the American peo- to represent—I think people started what can the rest of us who need their ple because the American people, the getting a little nervous. Wait a minute. services expect? finest people, have the right to feel Why besmirch these people? Why put Let me just make one point, and this good about their government, not cyn- them down? What have they done that has to do with the questions around the ical, not despondent, not despairing, was wrong? prosecution of Mr. Scooter Libby. He but good and positive, who would say, And what we began to find as the was found guilty of four out of five Do you know what? I trust my govern- common thread between these U.S. at- counts just last week, and we hear ment. I feel that my government is torneys is that these individuals, there are linkages to the Vice Presi- doing the right thing. We can do no though Republican appointees, took dent. We hear many people are calling less than to take up that charge. their charge to promote respect for law him a ‘‘fall guy,’’ signaling there may We have to say the American people and took their charge to protect the be more people involved. have a right to feel that their govern- American people seriously. And some I think that it is very important that ment is operating for the public good of them prosecuted corruption cases, if we are going to insist upon account- and in their best interests. And to that and that brought them into disfavor ability in Washington, that there be no end, I am proud to be associated with with the administration. pardons. I am very concerned that this Democratic majority that from there could be a pardon in this situa- b 2045 the very beginning began to signal tion that would render him not willing change with the 100 hours program. As the facts just keep on leaking out, to tell all that he knows. The 100 hours program is not all that they don’t look good. They don’t look We need to know how bad this thing we are going to do, but, Mr. Speaker, good. It appears, it appears that polit- is. In the U.S. Attorney issue we found we had to tell the American people ical decisions were brought to bear in out it was Harriet Miers, the very per- that we are about business from the this scandal with regard to the U.S. At- son the President wanted to be on the very beginning. We had to signal torneys. In fact, one of the U.S. Attor- United States Supreme Court, who said change from the very beginning. neys was one of the people who pros- fire them all. It is very important we get to the We had to let them know that we ecuted Mr. Duke Cunningham, and bottom of this, because, as I started care about the affordability of a col- somehow ended up getting fired. My with, the American people have every lege education by cutting student loan goodness. Don’t we want to get rid of right to know what their government interest rates; we care about our sen- corruption in government? Don’t we is doing and to trust in and feel good iors by making sure that we get a pre- want a clean government? Why would about their government. It is not a scription drug benefit that actually you bring the hammer on somebody question of public relations, it is a helps our seniors by allowing Medicare who did that, unless you didn’t necessarily want the even hand of the law matter of substance. to negotiate. So I will yield back to my colleague, We did a 100 hours program that said, to be applied, you wanted it to be tilted Congresswoman BETTY SUTTON, who one way or another. Justice must be we are going to raise the minimum has been leading us in so many excel- blind, Mr. Speaker. wage; we are going to stop the oil and lent ways, who has been doing such a Then what else did we see? One of the gas subsidies and put the money into fine job, and with whom I am so hon- calls that was made from as high as the renewable energy. We had to signal ored to be associated in this Congress. White House was that these folks are change. We have other excellent Members join- not going after immigration cases or That is not all we are going to do. We ing us tonight and they are going to going after voter fraud cases enough. are just getting started. But we had to tell the story. I just want to say I am Wait a minute. Doesn’t the prosecutor do something soon, something quick, proud to be associated with these ma- something early, in the very beginning, make decisions? Isn’t prosecutorial dis- jority makers, these difference makers, so that the American people will know cretion a hallmark of our legal system? these people who believe that the that we are putting money on the Wait a minute. These people are American people have a right to be- table. This is an earnest commitment charged with protecting us from drug lieve in their government, and the only to the American people to do real gov- dealers, killers, bank robbers and peo- way to do it is to restore account- ernment, real change that they can feel ple who commit acts of terrorism. ability to Washington. good about. These people are charged with pro- Ms. SUTTON. Mr. Speaker, I thank So what I want to talk about very tecting us from defrauders, stealers, the distinguished gentleman from Min- briefly tonight is how important it is thieves, embezzlers, and yet somebody nesota, and I thank him for his service and how happy I am that the Demo- on a political basis is trying to force on the Judiciary Committee. I think it cratic Congress has taken steps regard- them to focus in one area or another? is with heartfelt appreciation, not only ing this scandal about the U.S. attor- They have finite resources to prosecute on behalf of myself, but on behalf of neys. The United States attorneys are the cases and protect the people. They the people that I represent, that I am members of our government under the have to make a determination as to grateful that you sit on the Judiciary executive branch whose job it is to do what is most important to protect our Committee, where you are going to good, to promote justice. They are seniors from identity thieves, to pro- provide the oversight and the account- ministers of justice. They are not just tect our neighborhoods from drug deal- ability on the issues that you brought lawyers who are entitled to advocate ers and meth makers. And yet they forward here tonight. for their clients. Their job is higher. were put under scrutiny and fired, it You are right, that there is nothing Their job is to do the right thing. Nei- appears, and the evidence is still com- more important than restoring the ther fear nor favor should influence ing in, because they wouldn’t play ball trust of the people we represent in this them. Neither concern about their job with people in the administration. government. And it is not the end in nor worry about who is not going to This is scary business. This is not a and of itself, but it is essential, to both like it should influence their behavior. good thing. And it goes to the very the substance and the spirit of what we They should enforce the law and pro- heart of restoring accountability to do. The corruption has hurt the Amer- tect the American people. Washington. It goes to the very soul of ican people in so many ways. So this So when it came to light that U.S. whether we have a fair justice system oversight and accountability is sorely attorneys that had had good rec- and whether justice is blind. needed, long overdue. ommendations, eight of them, were Mr. Speaker, I am very concerned With that, I would like to recognize summarily fired with no explanation, about that, and I want to urge the another distinguished gentleman from

VerDate Aug 31 2005 03:38 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.138 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2561 the State of Minnesota who we are our friend from Minnesota, all of the was the world famous Mayo Clinic. De- honored to have join us this evening, a things that we accomplished, the pre- cisions were not allowed for mitiga- new Member of Congress, somebody vious Congress met for one day in Jan- tion, decisions were not allowed to who came here to change the direction uary of 2006. make sure the impact and the safety of of this country, to take us in a new and There is a stark contrast here. You the thousands of patients that traveled positive, honest direction, Mr. TIM are absolutely right. We were sent to were addressed. This was a case of spe- WALZ. What do you think about all this floor to do the people’s bidding, cial interest and their lobbying friends this? not in a partisan manner but in a way allowing something to happen that the Mr. WALZ of Minnesota. First of all, that was open, accountable, trans- people of the district had very little I thank the gentlewoman. I thank you parent and actually got the results say in. for your leadership. I thank you for that we were looking for. I was told all along, it is the railroad your optimism. I thank you for your I wanted the opportunity tonight to and it is the way it is. There is nothing service to our country and all of our come here and illustrate a couple of you can do. They are going to be ap- colleagues here. things how we are doing business dif- proved for the loan and they are going Every time we come and stand on ferently, how things have changed in to start building. this floor, it is an overwhelming feel- Congress and how these things are tan- My question was that I refused to being. It is an overwhelming sense of the gible, and I am going to bring a couple lieve that this body would allow that greatness of this Nation, as well as the of these that are very near and dear to to happen. I refused to believe that the responsibility that goes with standing my heart. public’s elected official for their dis- here. Each and every one of us rep- One is about a project back in my trict would not have the opportunity resents over 600,000 Americans. Their district, if I could, Congresswoman, il- to see the financial situation of the hopes and dreams rest on what we do in lustrate this just for the people. I will railroad, as well as the safety, which, this building. This is the most serious give a little background on it. Because by the way, ranked 43 out of 44 in safe- task we can ever undertake. this project had the potential to be the ty, with one being the best. As we talk about restoring account- single largest taxpayer loan to a pri- So upon coming to Congress in Janu- ability and restoring trust, nothing is vate entity in the history of this Na- ary, working bipartisanly across the more important. Nothing shapes this tion, and most people, even in my dis- aisle with our friends, I put forward a Nation more than what we do here. trict, until it was brought to light, bill that would ask that this be evalu- And as we reflect the great values that knew almost nothing about it. ated for credit, that this be looked at have made America the country that it There was a railroad that came from and see what the finances were, and see is, we need to make sure that it is outside the State of Minnesota that if the American people’s money was being done in the way that the Ameri- was planning on doing that was very being put at risk. cans want it to be done. They don’t important, building rail infrastructure. To put this into context, when Chrys- care about the partisan ideology. What All of us agree in southern Minnesota ler needed to receive a government they care about is results. that it is needed. We need to move our loan to stay afloat in the early 1980s, I hear a lot of talk that actions are commodities to market, we have a bur- this loan was over twice as big than what matter. I watched for the last geoning ethanol industry that needs to that. That loan for Chrysler was de- hour as our friends talked about a very move our product, and we also have the bated for 3 weeks on the floor openly important subject across the aisle be- need to move coal and other commod- before it was finally voted on and strict fore we came on. They talked about fis- ities on this railroad. requirements for its payback put into cal responsibility. They are absolutely Well, this railroad tried for nearly a place. right, that is something that must be decade to try and secure private fi- Well, I am happy to say that the Fed- restored. This Nation’s hopes and nancing for this project. It failed to do eral Railroad Administration and the dreams and the investments we make so. Late in 2005, a program to give Department of Transportation looked in our children and grandchildren are loans to railroads all of a sudden found at those finances again and determined going to be largely determined by how an extra $32 billion in this program. It that this was not creditworthy and was we handle the fiscal responsibility put was written in by a Senator in the mid- not worthy of a risk to the American on us. dle of the night in conference com- taxpayers. The only thing I find curious about mittee with specific parameters that Now, to ensure that this never hap- the discussion is that our friends are so would only apply to this railroad to get pens again, we have taken it one step convinced that nothing works in here this loan. further and passed a bill that Congress they seem to have forgotten to men- This was done in the dark of night. must cosign. If we ever try and do this tion that they have been the majority The finances were kept private and out again with $1 billion or more of tax- party for 12 years. They seem to have of the public eye, and the decision was payer money on a Department of forgotten to mention that they had the going to be made after that conference Transportation loan, it is going to executive branch for the last 6 years committee by a set of appointed offi- come in front of this body and we are and both branches of Congress. cials at the Department of Transpor- going to get a vote and we are going to During that time, we saw record sur- tation. ask the questions. Is there a need for pluses turn into record deficits. We Now, that in itself is bad enough in public investment into our infrastruc- now have a $9 trillion national debt. the culture of corruption. But it gets ture? Absolutely. Is there a need for ex- We have seen the largest growth in worse. Nine months prior to that Sen- panded rail travel? Absolutely. Is there government in a generation. And we ator writing that in there, that Sen- a right of private business to come to have seen services provided to the peo- ator was a paid lobbyist, and as hard as the government looking for some help ple shrink and fees increase. it is to believe, for that very railroad. so that they can build that infrastruc- So I guess, coming from a high school He is elected to the Senate and he puts ture and profit? Absolutely. But it classroom, sometimes I said it is al- this in here. must be done in the light of day. It ways very important, those actions No one is doubting that we need rail. must be done with the approval of the matter. Everyone wants to do well and What this situation did and what it il- American people’s elected representa- everybody wants to talk about it, but lustrated perfectly was when govern- tive so that they can have the ability what happens in here truly matters. ment is done badly, no matter what the to decide if it was right or if it was We have seen the culture of corrup- intention was, it starts a domino effect wrong, and they will decide that in the tion. What I call it is the permanent of distrust and bad decisions. way they vote in 2 years. vacation that Congress was on. Most This railroad was going to increase So, within 2 months, this Congress is people realize that the past Congress rail traffic up to 36 coal trains a day starting to take those responsibilities. worked the fewest number of days possibly, one mile long, and it was They are starting to ask those ques- since the do-nothing Congress of 1948. going to run by the single largest pri- tions and we are starting to see While we were passing the 100-hour vate employer already in my district, progress. I can absolutely assure you, agenda and the things you heard from 210 feet away. That private employer and I may never be able to prove this,

VerDate Aug 31 2005 04:23 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.139 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2562 CONGRESSIONAL RECORD — HOUSE March 14, 2007 but I had to think had there not been night and have money for pizza. Indeed, Like the rest of my freshman class, a change to Congress, had there not this is the first time we have seen this this propelled me to run. I had never been a new focus on trust and account- great, great difference in the rich and even run for office in elementary ability and a new way of doing busi- the poor since the time of the Titanic. school or high school. I was a social ness, we maybe would have never seen Wages have been flat for several years worker. I taught politics. Yes, I got in- the light of day on this. now. volved in politics, but never envisioned So the people are served well, we The American public understands myself here. And it is a tremendous have the people’s interests at heart, this. This is not a Republican issue, it honor to be on the floor and to be able and now we can move forward with a is not a Democratic issue, it is an issue to protect and speak up for the Amer- much more responsible plan. about protecting the middle class, ican people. So I applaud the Congresswoman for building the middle class, and bringing But we have an obligation to, first of bringing us together. I know we each the poor so we do not have a perma- all, provide programs that lift the poor have several more opportunities to il- nent underclass in this country. The and the middle class, to make sure that lustrate these. But I hope this one way to do that is to make sure we have the wealthy pay their fair share; and shows the American people, this is not a fair tax system, and we have to have we have an obligation to be fiscally a partisan issue. This is common sense. accountability and oversight to make conservative, and we can do that by This is right and wrong. And I applaud sure that we do. good fiscal oversight and account- those Members on the other side of the We know that the tax breaks have ability. That has been missing for aisle that came to us and said, you are gone to the top 1 percent for too long. many years. absolutely right, this is the way it So this drove me to Congress, looking We are having more hearings now should be done. at this; and the final, final nail in the looking at various aspects. I serve on I yield back to the gentlewoman. coffin was looking at what happened the Armed Services Committee. It was Ms. SUTTON. I thank the distin- after Hurricane Katrina because even if a shock to me to find out that we did guished gentleman from Minnesota, the administration could not find it in not have the equipment we need and and I thank you for your leadership, their hearts to take care of the people that the soldiers were suffering so. and for that example of how public pol- of Katrina, where was the homeland se- Again, we can talk about Walter icy can work for the people, that it curity? Reed. We had a week last week about that. Who could leave a soldier in doesn’t have to be the way that it has When you look at Louisiana, you re- rooms that had mold? Who could leave been. You point out an important alize there is a port there. Gas and oil soldiers unattended and untreated? If point. are there. Our food, our grains come there. Seventy percent of the grain we are going to honor our soldiers, we b 2100 passes through there. Certainly that is need to honor our commitments to the In the first 100 hours, when we took a vulnerable area. We heard that we soldiers, and it is not right to say if we steps to clean up some of the unfortu- were spending all of this money for can afford to. When we put them into nate practices that have happened in homeland security and for programs to battle, we make sure that our commit- the past and to change some of the re- protect the American people. But when ment will be to care for them. Once sulting policies or the failure to enact Hurricane Katrina hit, the American they say they are going to serve us, it is our obligation to serve them. some good policies, when we actually Government was missing in action It is truly an honor to be here and to brought those measures to the floor with the exception of our military, and be able to be working for the people of under this new Democratic leadership, I give them great credit for what they we did enjoy broad bipartisan support my own State, New Hampshire, and the did. people of this country. It is an honor to for many of those measures. I know this because I went there not be here with such wonderful colleagues This is not just a Democratic agenda, once, but twice. It was very frightening who are driven by one motive, and that this is about the people’s agenda. That to see that the Federal Government is what this House is about. I am glad, is service and patriotism. was missing in action. And then the We were campaigning over a year or with the leadership we have, we are extra insult of having to listen on tele- 2 years. We heard the message loud and now getting the people’s agenda on this vision while they were praising each clear from the middle class that they floor so that people from both parties other for the good job they did. They needed protection. They needed protec- have the chance to deliver the kind of didn’t bring the resources to the Amer- tion from policies and this administra- public policy that will help the people ican people. They didn’t have the tion that protected the wealthy and they are sent here to serve. money to bring the resources to the harmed the middle class. They wanted At this point, I would like to yield to American people. their children to be able to afford col- a new Member in this Congress, a tre- Where is the money? That is why we lege again because that changed. They mendous leader, a woman who has are here in Washington, to find out wanted their children to have the op- shown unwavering dedication and com- where is the money for the programs portunities that they had growing up. mitment to the people she was sent that the American people need, that we Even rents have gotten so high and here to serve, Representative SHEA- must have to protect us. with wages so flat, adult children have PORTER from the State of New Hamp- I looked at Iraq. I went there a cou- to come home to live with their par- shire. ple of weeks ago. I looked at the con- ents. This is not the American way. Ms. SHEA-PORTER. Mr. Speaker, I tractors there personally. There are The American way is to be fiscally re- was interested in hearing from Mem- more than 100,000 contractors in Iraq sponsible and to make sure that oppor- bers on the other side speak about the for 133,000 soldiers; some more now, we tunities are available for all. money we needed to save and the debt had over 100,000 contractors. I think we have a terrific class with we have, because it was the Republican The American public knows this wonderful leadership. Speaker PELOSI administration that drove us into the word so well, Halliburton. The Amer- certainly understands the direction greatest deficits in history. Indeed, ican people understand what has hap- this country needs to go in. We will do they are the reason I am standing here pened to the money. Every child born the job that the American people sent today. today has a birth tax of about $29,000. us here to do. I am a social worker by profession, Think about that. We went from a Ms. SUTTON. I thank the distin- and for years I noticed things were get- budget surplus to the greatest deficit guished gentlewoman from New Hamp- ting worse and worse for the middle in history, borrowing money from shire, and I appreciate your service, as class. I kept saying the middle class is Communist China along the way to pay do the people I represent, and your stumbling and the poor have fallen, be- our bills, which is a security risk that leadership. cause while the very wealthy were en- all Americans understand, and every You bring up so many important joying the tax breaks, thanks to this child born today owes about $29,000 be- points. The bad news is that so much administration, the middle class was fore he or she draws their first breath. has gone wrong in the past due to the trying to figure out if they had enough This is an outrage, and we need to turn failure of proper oversight and ac- money to go to the movies on Friday this around. countability. The good news is that, as

VerDate Aug 31 2005 03:38 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.140 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2563 you point out, we heard the call of the Mr. WALZ of Minnesota. Mr. Speak- That means feed them, clothe them, American people for more. We know er, I think it is important to illustrate pay them, make sure their health is what the expectations are, and we to the American people exactly what taken care of, and train them to com- know what our responsibility is. And we are talking about when account- plete their mission. That’s what you every day I am honored to come here ability and oversight fail. There are need to do. with you to serve, and knowing that ramifications. Some may go unnoticed; Well, I am now a member of the Vet- that is why we are here in the people’s others are absolutely horrific. erans Affairs Subcommittee on Over- House, to help make those course cor- In the past several weeks, we have sight and Investigation, and what has rections that will take this country in seen one of those examples. And the happened at Walter Reed and what is a new direction. sad part is most people were not sur- going to happen again is not an anom- It is so important to be here tonight prised. Most people have looked at this aly. It was a decision. It was a decision to talk about that oversight and ac- issue. that resulted from a failure in leader- countability because it is essential if I want to talk about accountability ship and a bigger failure in account- we are to make those course correc- and oversight. This Congress and our ability and oversight. And the saddest tions, whether it be one of the points leadership are making sure we get our part about this is, the saddest, most you make about the growing income job done here. They are working us 5 tragic part about this was, it was to- and inequality, which is at record lev- days a week most weeks. My constitu- tally avoidable. els. We are losing the middle class. ents back home, they don’t have a lot Our veterans’ service organizations, There are many, many things that we of sympathy when they hear we are from the DAV to the Paralyzed Amer- can do and we have already done, and working Monday through Friday in the ican Veterans, to the Blind Veterans of we have talked about some of them Capitol. That is what we were elected America, to the Legion, all of these or- today in the opening hours of Congress to do. That is what we were hired to do ganizations understood what was com- when we increased the minimum wage, in their name. ing. when we made college education more I hear my friends on the other side of b 2115 accessible and more affordable, when the aisle talk about, what do we have we expanded research and development to do the whole time we are here? We I would like to just talk a little bit into alternative fuels which will pro- are not voting the whole time, and the about, and illustrate, how the budget vide us not only with a way to deal answer is, do our job providing over- impacted what happened and how the with an environmental imperative, but sight and accountability. Keep in mind, lack of leadership and the lack of ac- also as a security issue we have to ad- the entire last Congress had 30 over- countability led to that. dress that, and our dependence on for- sight hearings. In the first 8 weeks, we The chart I have up here is showing eign oil. have had 100. this is the VA treating many more Iraq Also, it provides us with opportunity Getting the job done for the Amer- and Afghanistan war veterans. Every for jobs today and tomorrow for the ican people means acting as a coequal soldier who serves in these wars will, people out there because one of the branch in the responsibility of being one day, be a veteran. Now, it does not other ways that Congress can show its fiscally responsible with their money, come as a surprise to most Americans, oversight and accountability commit- putting policy forward that benefits ev- since 2003, when the war started in ment, and I expect that we will because eryone, and making sure that the fol- Iraq, we have seen a steady increase in we heard a lot about this on the cam- low through is done on that. the number of soldiers that are going paign trail from the American people, I want to mention something as it to be treated. Seems pretty logical. is on the issue of trade because we are pertains to our veterans and let people Most people anticipated that was going losing jobs and our trade policies are understand where this starts exactly. to come. not working for the American people Make no mistake about budgets, budg- The number of VA health care pa- and American businesses in the way ets are far more than accounting. We tients in general continued to rise. We that they should. have an aging generation from our So I am confident that one of the hear our friends on the other side of World War II veterans to our Korean things that we are going to do is exer- the aisle talk about accounting and War veterans to our Vietnam veterans. cise our constitutional responsibility putting money in Americans’ pockets. They are continuing to rise at a steady to deal with trade and make sure what- They talk about they have never met rate. Every single veteran service orga- ever trade model we have—and we are anyone who did their own taxes. nization predicted this. Every single for trade, and I hope to get to the day Well, I came to this Congress person involved with this predicted in the early days of this coming Con- straight from the public school class- this. gress, or later on in this Congress, that room, never having run for elected of- Now, we are finding out we have not we can vote for a trade policy that will fice before. I was teaching high school had enough money. We have not cor- truly lift up American workers as well geography a few months ago. I can tell rectly planned ahead to take care of as workers abroad, and that we will be them on a high school teacher’s salary, the warrior after the war. When you able to vote for a trade policy that has I was doing my own taxes. environmental standards that benefit And when they talk about a budget choose to fight a war, and make no America and this world. in terms of only being what is left in mistake about it, Iraq was a choice, There are so many options that we the pocket, they forget that budgets you understand you accept full respon- can do. There are so many things that are moral documents. They are a re- sibility for those warriors, not for the we can do. We can have a trade policy flection of our national values. How we time that they are there, not for the with enforceability to stop the unfair prioritize those values is an absolute time they are treated in a facility like manipulation and unfair trade prac- reflection of what we believe is most Walter Reed, but for the rest of their tices. These are all matters of account- important in this Nation. life. ability and oversight, and this Con- Now, I also come to you not just as a In falling short on this, here is how gress I know is committed to producing teacher but as a 24-year veteran of our we are going to make up for it. If you that. armed services and our Army National will look at our copy here, enrollment Now I want to again yield to my good Guard. I think the highest distinction fees, pharmacy copayments and third friend, the gentleman from Minnesota, that I could ever claim—at this time, I party copayments. This says up here, because another point that the distin- am the highest ranking enlisted soldier the President’s budget increases fees guished gentlewoman from New Hamp- or servicemember that has ever served on veterans. Make no mistake about shire brought up was the issue of our in this exalted body; it is something the language. This is the President’s veterans and what we are doing and not that I am very proud of. tax on warriors, period. doing to serve our veterans who have Those people who know something So we saw a situation, increasing served us so nobly. about the military, I retired as a com- number of veterans coming back, budg- So I yield to Representative WALZ mand sergeant major. The command ets that were grossly underestimating who has some charts that he is going to sergeant major has one responsibility: the number, that we would need to try share with the American people. Take care of the troops. Nothing else. and spend the money elsewhere or

VerDate Aug 31 2005 03:38 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.142 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2564 CONGRESSIONAL RECORD — HOUSE March 14, 2007 maybe put the money back in some- not just here in Congress but in our ev- the resources that we need for veterans body’s pocket. When I go to my dis- eryday lives as citizens. health care and asked our veterans to trict, and I ask them the question, do I am sure you would much rather be pay more for their health care, it was you want a few more dollars in your home teaching and serving your coun- a great disappointment. pocket or do you want to make sure try as you were, but you were called to But the reality is, because we are in that warrior has a room that shows the a higher duty. You were called to come a fiscal mess, because of years of irre- dignity that this Nation should pro- here, and it was meant to happen. sponsibility, failure to provide over- vide, and every single one of them will I would like to mention a few things sight and accountability, even though go with the veteran. about values. I believe that the Presi- we have limited resources because of We must have an open debate in this dent has put forward a budget that is a that, I know that this class and this Congress about accountability, where reflection of his values and his party’s Congress is committed to realigning is this money going to go, where is this values. Where you spend your money is the money that we do have to ensure money going to come from, and I want a reflection of your values, and the that we do, Mr. Speaker, that we do Members who agree with this, that this President sought to cut $3.8 billion provide our troops what they need is the way we should do it, to stand in from veterans health care and veterans when we send them into any mission front of the mother from Saginaw, benefits. The President and this admin- on our behalf and that they have what Michigan, who was at the VA hospital istration was asking our veterans who they need after they return. in Minneapolis, treating her son with a have already earned their benefits to Our commitment to ensuring over- traumatic brain injury, and tell her she pay for them again. Why pay for some- sight and accountability is going to be better get the checkbook out and write thing you have already earned? This is an ongoing mission because it is an on- it out and pay for this because that is something that I consider to be dis- going responsibility. It is, in fact, the exactly what has happened here. respectful to those who have served in very essence of what our congressional When this Congress chose to not hold harm’s way. duty is, to be that check, to ensure hearings, to not hold oversight, and to We will be talking about Iraq in sev- that which we enact and that which is not ask the hard questions, they cre- eral days and several weeks here on done from the administration comports ated the situation at Walter Reed. floor. We will be talking about sup- with the needs of the American people, They created the coming situation on porting our troops, not just before they and we will do so in an honest and open our VA system, and this new Congress go in with adequate training and prepa- way. has accepted the responsibility and I, ration and all the armament they need, We have heard about some of the steps that we have already taken, the as a command sergeant major, retired, not just during the combat itself, but first step, to restore trust, openness stand here and say my responsibility after they come home, they must re- and accountability in Washington. This was to take care of those soldiers in ceive the care that they deserve in a week, we are going to take additional my unit. My responsibility now is to prompt and meaningful fashion. actions, and in fact, we have already take care of all of them. I served our veterans for a number of taken some here on this floor today. I have absolute confidence in my col- years in VA hospitals in Wisconsin and In this week, we have scheduled con- leagues that they will provide exactly Illinois, and I can tell you the VA hos- sideration or acted already on whistle- pitals are superior, much better today that. That is what accountability blower reform. We are going to deal than they were in the 1970s and 1980s means. That is what oversight means. with that issue. We are strengthening and early 1990s when I was working It is not a gimmick to get reelected. It the protection for Federal whistle- there. They are much better than what is not cute words, and for those that blowers to prevent retaliation against we saw in Walter Reed, much better, say it is hogwash and pay-as-you-go those who report wrongdoing, waste, does not matter, I tell them this is but what happened at Walter Reed was fraud and abuse. This is so essential to what matters. Decide how we take care this infection, if you will, this malfea- making sure that the safeguards that of our veterans and let us do it the way sance, this bad idea, that government we need will result in the kind of a gov- this Nation knows it should. cannot help people. It is called privat- ernment and the policies and the con- I know we have a few more things to ization. tracting and the work of the people go over, but this illustration is one We should not privatize the health will be of such a caliber that we can be that impassions all of us. It is one that care of our veterans unless you are proud, and more importantly, the did not need to happen, but it is one going to offer every veteran who served American people can be proud. that I am optimistic holds the silver in harm’s way with a card and say, We are also providing for more time- lining of uniting this Nation over an here you go, soldier, you served in ly disclosure of government docu- issue we all care about and getting real harm’s way, you covered our back, now ments, another good measure not only results. we have got yours; go to any doctor, of good government but of account- Ms. SUTTON. Mr. Speaker, I thank any pharmacy, any hospital of your ability, that will pay huge dividends the distinguished gentleman, and we choice, we have got you covered. and allow us to ensure that we are act- thank you for your service both in the Well, we are not ready to do that yet, ing wisely and responsibly. Congress and in our military. are we? This administration has to We are also nullifying a 2001 presi- At this point, I yield to another dis- come to understand there is a better dential executive order and restoring tinguished colleague who has joined us way. Our class of 2006 represents Amer- public access to presidential records. on the floor who is a fantastic new ica’s hope, hope for a positive change The public has a right to know the Member of the Congress, who has and new direction, not just in veterans public’s business. This is another meas- shown great leadership on many issues, health care but in health care for every ure to ensure that. Dr. STEVE KAGEN, a representative citizen in this country. I believe that is As we talk about the need to fund from Wisconsin. what we have to offer. veterans health care, how can we fail Mr. KAGEN. Mr. Speaker, thank you Ms. SUTTON. I thank the distin- to mention at the same time we fail to and I thank as well TIM for being not guished gentleman and both of you, the meet that need, we have seen gross ex- just a classmate in this great class of gentleman from Minnesota as well, cesses of lack of oversight and account- 2006 but also for serving the country who point out so eloquently the re- ability and money, literally being lost and speaking out so eloquently and sponsibility that we have when we put in Iraq due to a failure of proper over- forcefully. You do not have to work out forth a budget. sight of those we contract with. Limits later like I do. You just had your work- I am honored as a freshman Member on how long Federal no-bid contracts out. of this Congress to have the honor to can last will be enacted this week by But you bring up something that is serve on the Budget Committee, and this new Congress. We will minimize terribly important. These are not just while I am grateful to be there because the use of no-bid contracts and direct words or phrases. The boards are ac- we have the chance to realign the agencies to justify any such contracts countability, responsibility. This is budget that came to us from the ad- if they are awarded. something that you know from living ministration, I must say that when it These are all important measures your life as you have that we must do came over, when it failed to provide that we will take this week in order to

VerDate Aug 31 2005 03:38 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.143 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2565 continue to fulfill our commitment to We are delivering that message here. ments and terrorist elements were not the American people to take this coun- We are delivering a message not just able to use our institutions of lending, try into a new direction, one that will verbally, but in a work product. Take a of finance, as part of their terrorist and work for them and one that has their look, if people around the hall here and illegal activity. interests at heart. at home across America will take a Sadly what has happened, though, is As we come to the conclusion of our look at the work we have already pro- we passed a law that said everyone hour, I would just like to give my col- duced, you will find we have been must be identified. There are lending leagues another opportunity to report working hard, and the work is not done institutions that have found ways to what they would like to report in these yet. I am absolutely convinced that by get around the law and say that if closing moments to the American peo- working together, we will build a bet- somebody is able to get a phony ID ple. I yield to my good friend from Min- ter future for everyone in this country. from a phony government document, nesota (Mr. WALZ). Stay tuned to C–SPAN. We will be back we will look the other way and use Mr. WALZ of Minnesota. Mr. Speak- and deliver a positive message again. that to be able to open bank accounts. er, I thank the gentlewoman from Ms. SUTTON. I thank the gentleman. A lot of this discussion is specifically Ohio, and so eloquently put. It is a new These issues that we have begun to about illegal immigrants being able to opportunity in America. It is one of op- talk about here, and we have begun to get these documents, because you have timism. We have got a lot of work to take action on, is part of our ongoing countries such as Mexico that are will- do, but Americans always rise to the effort to restore accountability and ing to give documents, ID documents challenge in the time of the greatest trust in Washington. They are part of to individuals without any proof of who challenge. the mandate of the last election. they are. Thus, the document such as I think it is important to realize that Together, we will build on this work the consulate card from the Republic of this place we are standing, this sacred throughout the 110th Congress, and as I Mexico isn’t worth the paper it is writ- hall, this is the people’s House. This is wrap up here, I would just like to ten on. the first branch of government in the thank those people, those people that I What has happened is these institu- Constitution. This branch is coequal to have the honor to represent from the tions, these American institutions, are the other two branches, and our duty of 13th District of Ohio from Lorain to actually participating in business providing oversight and accountability Elyira to Akron to Barberton, I thank transactions that they know violates is not something that we get to pick you for the privilege of serving you, the spirit of the law and accepts phony and choose on. It is our constitutional and we shall be unyielding in our com- identification as a way to be able to en- responsibility. mitment to deliver on promises. gage in business that otherwise would When I hear people entrust me, you f be illegal for legal resident aliens and will hear people in this very chamber ILLEGAL IMMIGRATION U.S. citizens to engage in, because the start using the term ‘‘micromanage.’’ rest of us are required to show viable The SPEAKER pro tempore. Under It seems to me there is a place where identification. the Speaker’s announced policy of Jan- they dream up these words that they At this time I have the privilege to uary 18, 2007, the gentleman from Cali- just keep repeating and repeating. recognize the gentlelady from Ten- fornia (Mr. BILBRAY) is recognized for Well, I can tell you what, micro- nessee. At this time I would like to manage, call it what you may, could be 60 minutes. Mr. BILBRAY. Mr. Speaker, it is an yield whatever time she may consume oversight and accountability also, and to Mrs. BLACKBURN. I ask my constituents, would you like honor to present our report to the American people on the status of the Mrs. BLACKBURN. I thank the gen- a little oversight and accountability at tleman from California, and I thank Walter Reed? Would you like a little immigration issue tonight, and it is an honor to be able to welcome you to the him for his insightfulness on the immi- accountability on the situation in gration issue. Iraq? Would you like a little account- Speaker’s chair. As a new freshman, or as one of your He has done so much work in his ability on what you hear on some of service in this Congress addressing this the things that are happening? And the first times up there, I want to congratulate you on your advent to serv- issue and encouraging people to look at answer is yes. the issue, to learn about the issue and Sunshine truly is the best antiseptic. ice of the people of America as the acting Speaker tonight. to realize it is more than just a surface This new Congress has been here for 2 issue. months, and there is a new way of Mr. Speaker, actually tonight we are I also have appreciated the fact that doing business. It is the way that this talking about an issue that a lot of the gentleman has encouraged people country was laid out under the Con- Americans have asked for a long time to realize the compassionate thing to stitution. It is the one that has served to be addressed, and that is the many do in this is to make certain that we us best for over 230 years, and it is the different ways that we are encouraging keep immigration legal and that we one that we will continue to use that illegal immigration. But actually to- honor the men and women who have will provide the American people with night, we are to be talking about one of gone through the process legally. the best government possible. the items that originally was not intended to be one of immigration, it was That is important to do, and it is the b 2130 one to be basically addressing national right step. It is the compassionate step I thank the gentlelady, I thank my security and neighborhood security. to make. good colleague from Wisconsin for the For good reasons, Congress in the H.R. 1314 addresses the issue that Mr. opportunity to be here with you, and I past, both Democrats and Republicans, BILBRAY mentioned and referenced as look forward to many more opportuni- have said that the movement of capital he opened his remarks about those that ties to do the Nation’s bidding the way funds, of bank accounts, was a major have entered the country illegally, get- it should be. issue in fighting things like drug traf- ting access to our financial markets. Ms. SUTTON. I thank the gentleman. ficking, of terrorist activities and of Now, H.R. 1314 is the Photo Identifica- At this time I would like to yield to other illegal activities to where the tion Security Act. This is a great piece my friend from Wisconsin (Mr. KAGEN). United States’ Congress, with this sup- of legislation. It is not a lengthy bill, it Mr. KAGEN. I am very proud to be port and the consent of the people of is one that I think everybody here in standing next to both of you and ex- the United States, said that before the House can pick up and read in 1 or press a great deal of optimism. I was somebody opens a bank account, before 2 minutes. As you see, it is only about sent here from the great State of Wis- they start getting involved in business three pages. consin, some might call it transactions with a lending institu- What it does is something very big Cheeseconsin. We are still the Dairy tion, they need to show and prove who and very important, though, it closes a State. I was sent here because people they are so we know who is moving loophole that exists in the PATRIOT felt they needed some honest leader- this cash back and forth. The identi- Act and the IRS regulations, and it is ship, leadership that wouldn’t let them fication issue became critical to make through that loophole that you could down, some straight talkers. sure that drug cartels and criminal ele- literally drive a truck. That is the

VerDate Aug 31 2005 03:38 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.144 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2566 CONGRESSIONAL RECORD — HOUSE March 14, 2007 loophole that we know that not only il- We are encouraging everyone, both par- sporting goods for them to play in that legal immigrants use, but sexual preda- ties, both Houses, to sign on, let’s close ball game. Then you go buy new tors and identity thieves, those people this loophole and close it quickly. clothes for Easter as you are getting that want to be anonymous, that need I was talking to one of my constitu- ready for Easter, and a swim suit for to be anonymous, that have to be anon- ents about this problem after it had summer, maybe even a little swimming ymous to the legal system. This is arisen, it was a banker, in rural west school for the backyard. The point is, what they are choosing to use to gain Tennessee in my district. He was ex- the money has to turn over in that access to banking institutions, to wire cited that we were working on this bill community in order for the community transfer services from the Federal Re- and thrilled that we were going to be to be available. serve, the U.S. Treasury, the IRS. It is closing this loophole. He looked at it Guess what, our friendly Federal Re- giving them the ability to sign up for like this, he told me a story of a couple serve system has done? The Federal credit cards, to get home mortgages, to of his customers, they had worked at a Reserve system of the U.S. government obtain taxpayer identification num- local plant, both had retired. has set up a system that allows illegal bers, which employers call ITEN num- Then they decided they wanted to immigrants to transfer money back to bers, and to transfer money from this buy a motor home, which they did, the Bank of Mexico, direct to Mexico is country back to Mexico. good customers at the bank, so they the program. This is a difficult situation for our get the motor home. They decide to The funny thing about this is, there country, because we have spent a lot of start travelling. are 27,000 transaction a month to the time, effort and energy trying to seek Well, they needed a credit card to tune of $23 billion a year. out terrorist groups and those that make reservations at those camp- b 2145 would do us harm. We are spending a grounds. This banker could not get Mr. Speaker, guess what? Friendly lot of time, effort and energy talking them a credit card because they had Federal Reserve is bragging about about protecting intellectual property never had a credit card. They had a keeping the fees low, $0.67 a 100. Well, and looking at money laundering and checking account. They had pretty I have not found a one of my constitu- how those pirates are laundering much operated on cash, they had re- ents who has said their ATM fees are money and sending it back out of the tired, they were now unemployed. They going down. I have not had a one of country, taking money out of our com- could not qualify for a credit card. them say their checking account fees munities. So, when the scandal began that we are going down. I haven’t had a one of We are spending a lot of time routing had major iconic banks in this country them say they have had any trans- out identity thieves. Certainly in my issuing credit cards to those that had action fee go down. My merchants com- community I hear from so many people illegally entered this country, as long plain about the fees that they get who have had their identity lifted. as they were willing to put $100 in a charged. And we even have a hearing They have had it stolen. They have had checking account and leave it there for reported in one of our Hill newspapers somebody take that from them, and a month, then they could get a $500 today about retailers and banks duking then these individuals want to go open credit card, that gentleman, that good, it out over transaction fees. checking accounts, they want to go solid, patriotic American man that has But then we have another article open credit cards and run up the num- worked for a company, retired from a that came out of the L.A. Times that is ber, just swipe those numbers off that company and wanted to enjoy his re- talking about the Federal Reserve credit card, run it ragged. tirement years, walked into that bank, bragging about being able to keep Somebody pays the bill, and it al- and he asked that banker, do I need to these fees low. ways comes back to being the Amer- be an illegal immigrant just to get a Now, Mr. Speaker, it is a little bit of ican taxpayer that is going to pay the credit card in this country? a head scratcher, I will have to admit bill for fraud and for misuse. Happens That is the right question for him to it, my goodness gracious, you know, every single time, every single time. ask. That is how ludicrous the practice when they can go in here and they can This is a very serious problem to the is and how horrific it is that we would wire this money out of the country, faith that people have in our governing have these big banks, big banks, big 27,000 transactions a month, $23 billion institutions. It is a serious problem to iconic companies that have benefitted a year, the money is not turning over the stability of our financial markets. from the prosperity of this great Na- in the local communities. But there is a solution to this problem, tion to play favorites and to say, all Some of our friends across the aisle and it is H.R. 1314, the Photo Identi- right, if you are an illegal immigrant, are saying, well, you know, we are not fication Security Act. if you want to put $100 in over here, I seeing what we want in jobs growth As I said, it is a very simple bill, and am going to give you a $500 credit card. and income growth, even though it has I will do three things. It says in order Basically, I will tell you, that is been pretty healthy. Maybe they need to access our nation’s financial serv- predatory lending. Basically, that is a to look at some of this. Maybe they ices, in order to do business with the pretty high interest rate to go get a need to join us in stopping illegal im- Federal Government, you have to credit card, but that is the way we are migration. Maybe they need to join us present one of the three secure forms of doing it, and their response is we are in standing against amnesty. Maybe ID as recognized in this country. exploiting a loophole. So the loophole they need to make sure that we are a Number one would be a Social Secu- needs to be closed because it just isn’t sovereign and free Nation, and that we rity card with a government-issued right. It isn’t a practice that should remain so. State or Federal government issued continue. The Photo Identification Security photo ID. This could be a driver’s li- Another thing I have heard from Act, closing the loophole that allows cense, if you are from a State that some of my constituents is this, all of those that have illegally entered this complies with the REAL ID Act. our local communities depend on keep- country, that allows those who are Then you have got number two, a ing money in that community and hav- predators and identity thieves to re- U.S. passport or a foreign nation passing it turn over in the community sev- main anonymous to the system; clos- port. That would be a passport that we eral times before it leaves. You know, ing that loophole, so that they do not recognize, that we have a reciprocity once somebody earns a dollar, they like have access to credit, so that they do agreement with. to have that dollar turn over three and not have access to our financial mar- The third form of ID would be a US a half, four, four and a half, five times, kets, so that they cannot have the abil- citizenship and immigration service in order to keep that economy hum- ity to remain anonymous to the sys- photo ID card. Now, that would be your ming along. tem. USCIS permanent resident card, per- You earn the dollar, you go by the I encourage everyone to join me in manent alien card, work card, green grocery store and make the purchase, supporting H.R. 1314, the Photo Identi- card. Simply put, you have to have a and by the dry cleaners and by the shoe fication Security Act. I encourage ev- visa before you can apply for a visa if shop. You go over and you take the eryone in this body, Mr. Speaker, to this legislation passes, and we are en- kids out for ice cream after you have join us in closing this loophole that ex- couraging everyone to join us in this. gone to the ball game. You go buy new ists in the PATRIOT Act and the IRS

VerDate Aug 31 2005 03:38 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.147 H14MRPT1 mstockstill on PROD1PC66 with HOUSE March 14, 2007 CONGRESSIONAL RECORD — HOUSE H2567 regulations. And I encourage them to While on the subject of Federal im- The Mexican government-issued join us in encouraging the Federal Re- migration laws, let me read Title 8 of matricula consular card under this new serve to end the program that allows the U.S. Code, section 1324(a) which de- legislation will no longer be accepted. $23 billion to be transferred out of this fines several distinct offenses related Now, Mr. Speaker, the MATRICULA Nation every year without turning to illegals. The law prohibits, among CONSULAR CARD, issued by the na- over in the community. Every single other things, encouraging or inducing tion of Mexico, is an identification year. unauthorized aliens, that is Federal card made by the Mexican government Let’s be certain that we keep our language for illegals, to enter the for Mexican nationals that are illegally economy secure and safer. Let’s be sure United States, and engaging in a con- in the United States. Banks and even that we keep our communities secure spiracy or aiding and abetting any of our Federal Government have now and safe, and let’s be certain that we the preceding acts. begun to accept this as a valid identi- are fair to the families and the working So what is the Department of Home- fication form. We need to work with men and women in this great Nation. land Security doing about all this? Are the banking industry and convince And I yield back to the gentleman they working to strengthen document them to maintain the integrity of our from California. standards for banks like my colleague laws and provide strict guidelines on Mr. BILBRAY. Thank you. I appre- from Tennessee is attempting to do, acceptable and secure identification ciate the gentlelady. Let me say at this Ms. Blackburn? No. They are using policies. Banks like Bank of America time, it is my privilege to introduce Bank of America’s position to argue for need to stop encouraging illegal entry the gentleman from Texas, who actu- more guest workers and for amnesty into the United States and quit pan- ally is a, in his previous life, was a that would reward illegals en masse. dering to the illegals that are here, all judge who saw over 25,000 cases. So this They seem not to get it. in the name of the all mighty peso. The Department of Homeland Secu- is a man who knows a crime when he So I appreciate the time the gen- rity spokesman, Russ Knocke said sees it. And at this time I would yield tleman from California has given me banking products aimed at illegal im- to the gentleman from Texas (Mr. and, hopefully, working together, we migrants reinforce the need for a tem- POE). can stop this nonsense of allowing porary worker program. This is non- Mr. POE. I thank the gentleman from illegals in this country to obtain spe- California, and also your leadership on sense. His idea rewards the unlawful activity of being in the country ille- cial privileges over American citizens the Immigration Caucus. This impor- and lawful immigrants. tant issue, border security, immigra- gally by now saying it is permissible activity to be here illegally. Mr. BILBRAY. Thank you very tion is a national security issue, Mr. much. Speaker. And the people from South- Banking products aimed at illegal Mr. Speaker, I think that the gen- east Texas who I represent have long immigrants do not reinforce the need tleman from Texas pointed out a real been concerned about the open borders for a temporary worker program. They issue here, and that is the special that we have in the United States and reinforce the need to enforce the border treatment being given to somebody the continuing problems that arise rules, strengthen interior enforcement who is being perceived to be legally in from that. of immigration laws and punish compa- It is said, Mr. Speaker, that money is nies who openly flout the rule of law. the country. If you are a resident, legal How do we expect to hold employers the root of all evil. And companies like alien, if you are a U.S. citizen, you are who knowingly hire illegals account- Bank of America think making a buck expected by these institutions to show able when American banks are rolling is more important than knowing who up with the proper documentation, via- out the welcome mat to illegals and their customers really are. By issuing ble ID to prove you are who you are. giving them credit? But under this misguided concept that credit cards and bank accounts to peo- Issuing credit cards to people with- ple who show little, if any legitimate if you are here illegally, we can’t ex- out valid and legitimate documenta- pect you to live up to the minimum documentation, banks are leaving the tion makes no sense. The banking indoor wide open for money laundering, standard that everyone legally is play- dustry would have you believe it has to ing here, that we will accept this con- fraud, and identity theft. They condo with helping these poor individuals tribute to the magnet that drives peo- sular card, which, admittedly, is given with bad credit history. This is non- without any documentation, without ple to the United States to come and sense, again. It is all about banks cash- stay here illegally. And they are bla- any verification, and could be used by ing in on the underground illegal cash drug cartels, could be used by terror- tantly sending a message to drug car- economy, pure and simple. It is all tels and terrorists around the world ists, could be used by anyone as a way about money. It always has been, and of hiding their identity. But because that they are open to business for any- it always will be. body that has got a little money. we perceive you may be illegally in the I am proud to be a cosponsor of H.R. country, we will abandon all our stand- Bank of America’s slogan is ‘‘Higher 1314, the Photo Identification Security Standards.’’ Higher standards, Mr. ards that we apply to everyone else and Act that Mrs. BLACKBURN has spoken allow you to have a special standard Speaker. It seems they have no stand- about and offered tonight. This legisla- ards. Whatever happened to good cor- that does not hold you to the viable ID tion will close the Federal loophole requirement. porate citizenship, where integrity created in the PATRIOT act that al- I just think that Americans across takes a back seat to banking greed? lows for financial institutions to ac- this country keep saying, how far off Since when does greed override their cept these bogus alternate forms of course can we go in America? And responsibility? identification when opening accounts sadly, this is an issue that the Federal Let me read to you what the Bank’s or obtaining credit cards. Government has been allowing to hap- Director of Latin American Card Oper- Like Mrs. BLACKBURN pointed out, ation, a Mr. Brian Tuite, I think that is many American citizens and lawful im- pen, that the administration has his last name, T-U-I-T-E, said about migrants have difficulty obtaining looked the other way on, and I think it this recent bank program of giving credit or credit cards, but banks are is something that this administration credit to illegals in the United States. making it easier for illegals to obtain has to address, this Congress has to ad- He said, ‘‘These people are coming here credit and credit cards. dress. And the American people need to for quality of life, and they deserve This bill will require any official call their Members of Congress and somebody to give them a chance to business with the Federal Government say, where do you stand on this issue of achieve that quality of life.’’ or financial institutions to accept one viable identification for the opening of Mr. Speaker, since when did Mr. of the forms of identification that are financial arrangements? Tuite write Federal immigration laws? normal, such as a Social Security card, At this time, Mr. Speaker, I have the And what part of illegal immigrant with a government issued identifica- privilege to be able to yield whatever does he not understand? You know, tion card, including a state driver’s li- time he may consume to the gentleman with that attitude, I suggest he and cense, a U.S. or foreign passport or from Virginia, Virgil Goode. Bank of America change their name to U.S. citizenship and immigration serv- Mr. GOODE. Thank you, Mr. Bank of Mexico. ice photo identification card. BILBRAY.

VerDate Aug 31 2005 03:38 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MR7.148 H14MRPT1 mstockstill on PROD1PC66 with HOUSE H2568 CONGRESSIONAL RECORD — HOUSE March 14, 2007 Mr. Speaker, I want to say thanks, flow, we had more. It served as a lure pense of the taxpaying citizens of the first, to you, as the Chair of the Immi- for more to come across our borders. United States of America. Anchor ba- gration Reform Caucus, and to your And there is reason to believe that if bies are a huge magnet. predecessor, Tom Tancredo of Colo- we do it again, millions upon millions If we want to stop the invasion of il- rado, for your relentless efforts to se- will follow suit because they will say in legal aliens into this country, we must cure our Nation and make our country the 1980s, if we worked our way across, do away with the magnets. And we safer by enhancing border security and just walked across one night, maybe have talked about three of the magnets by reducing magnets that are attrac- with a guide, maybe without a guide, here tonight. If we want to make tions to illegals. One magnet has been and we stayed there a few years, they America sound financially, reduce the discussed just by the previous speak- gave us amnesty. And you know what? deficit, save money, make our country ers. Mrs. BLACKBURN of Tennessee and In the nineties more just came across safer and make our borders secure, we Mr. POE of Texas have discussed the the border, that border that has very need to say no amnesty, no credit card legislation that will, hopefully, block little fencing along it. They just came and no anchor babies. Let’s do the companies like Bank of America from in, and they got them amnesty then. right thing, let’s save America. Mr. BILBRAY. Thank you very issuing credit cards to illegal aliens. And they are counting on another one much. I appreciate the gentleman from That is a magnet for them to come in this decade. If we want to stop a big magnet for Virginia. here and get an American credit card. Just to let you know, a lot of people There are many other magnets that illegal immigration, we will have a firm and signed policy of no amnesty, might say, Mr. Speaker, how many ille- attract millions to come across our gal alien babies can be born in Amer- no matter how euphemistic you may borders to avoid the law and to enter ica, can it be that big a deal? Well, let make the words ‘‘amnesty’’ sound. this country illegally. Amnesty is a me just say to the gentleman of Vir- huge magnet. Amnesty means that if And Mr. BILBRAY is from San Diego. The fence between San Diego and Mex- ginia, in my State of California, the you get here and stay here a little cost of just giving birth to the children while, we are going to let you stay. We ico is working. It is not a simple barbed-wire fence, it is not a simple of illegal aliens every year is $400 mil- are going to give you a blue card, a red lion. That is just for the birth. Then card or a green card, and we are going woven-wire fence, it is a three-layer fence with two rows, and it is a stop- the parents who are illegally in this to give you a glidepath to citizenship. country qualify to get welfare pay- per. I hear those on the other side and Amnesty is probably the worst magnet ments in the name of their children be- many in this body say, you know, we of all. It is estimated that between 12 cause we give them automatic citizen- really don’t need a fence, we can do and 20 million persons are here ille- ship, even though technically the par- some other things; a fence won’t work. gally already. And they are placing a ents are not totally subject to the ju- Let me tell you, the opponents of the financial burden on the educational risdiction as required by the 14th fence don’t like it because it will do and social services of localities and amendment. You can’t draft them, you the job. I don’t think anyone yet has states. can’t try them for treason. But $400 made it across the fence in San Diego b 2200 million just for the birth. And in fact, by climbing the first fence, going just the cost of the welfare, Mr. Speak- Also, many illegals are criminals, across the road, climbing the huge bar- er, paying for the children of illegals and they are filling local jails, State rier fence in the middle, going across have gotten so big that even a great prisons, and placing a burden on our the next road and then crossing the moderate like Arnold Schwarzenegger, law enforcement system. Even in a third fence. And very few, if any, our terminator, or what we call State like Virginia, which is not adja- tunnelists have been able to make it so ‘‘governorator’’ has recognized that he cent to our southern border, you can far. wants to be able to provide health care talk with local law enforcement offi- So the magnet of amnesty is one that to these children, he wants to be able cials and they can tell you about the needs to be rejected. And if this body to take care of the costs, but even he is number of persons that they believe to and the body on the other side on our proposing that we now have to cut off be illegal going through the criminal executive branch were to come out welfare payment to the children of ille- justice system is costing the taxpayers four-square, forthrightly against am- gal aliens at 5 years, not because he of the localities of the Fifth District nesty in any shape or form, many of wants to cut it off, but because even and the citizens of the State of Vir- those illegally in the country now the wealthiest State in this Union, ginia millions of dollars. would walk back just like they walked California, can no longer afford to pay I listened to the President’s State of in because they would know that there the benefits to illegal aliens that have the Union message. I was happy when was no hope of getting that special col- been going on for so long. It has gotten he said that we needed to have our bor- ored card or getting citizenship. They that far. ders more secure, but I was not happy, would know that the only way you get And I think anybody would recognize very much so, about his proposal that to the United States is to play by the that Arnold Schwarzenegger is not ex- would grant amnesty to illegals. Pay- rules. You go back to your home coun- actly anti-immigrant. He is probably ing a fine for breaking immigration try, and you don’t jump in front of the flagship and the banner boy for the laws of the United States and after a those that are going through the proc- successful immigrant story. But even few years being given an opportunity ess, that are having background he has looked at the bottom line and to become a citizen is amnesty any checks, that are having their criminal said there is a place where you have way you slice it. And I don’t care what records evaluated so they wouldn’t got to be able to say enough is enough. others say about legalization or regu- have any. Their health records and How much are you going to take from larization, they are euphemisms for their health checks would be under- the law-abiding citizens and the chil- amnesty. taken, interviews would be given, they dren of law-abiding citizens and shift it Once the illegals become citizens, would be playing by the rules. over and give it to people who have they have the right to petition to bring Another magnet that we must fix is broken our laws? . family members into the United the anchor baby. The United States, I appreciate the gentleman from Vir- States. And that is not just son, daugh- unlike most countries of the western ginia for bringing that up. And all I ter, father, mother, it extends beyond world, provides for the children born of have to say is a lot of people may talk that, it is called chain migration. If persons illegally in this country with about this issue of banks looking the you give amnesty to 12 million illegals, citizenship. The mother and father can other way and accepting these consular that is going to be 60 million in less come here illegally, can be expecting cards, even they are not viable because than half a decade. A huge burden on and have a baby across the border in their argument is, but we are making the United States. And it is a reward the United States, that baby is an money. This is America. We are sup- for those who broke the law. automatic citizen. And if they go to posed to be making money. This is Giving a glidepath to citizenship in one of the hospitals, and most likely breaking that fine line between legal the mid-1980s was tried. It was an am- because they are without assets, will and illegal. Those who make money le- nesty then. It failed. It didn’t stop the be getting free treatment at the ex- gally are totally separate from those

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Mr. Speaker, all they have to do received March 7, 2007, pursuant to 5 U.S.C. into bootlegging, though they were is ask where the Member of Congress 801(a)(1)(A); to the Committee on Agri- making big money, people that were stands on H.R. 98, because this is where culture. into prostitution, people that were in both Americans, Democrat and Repub- 850. A letter from the Acting Assistant drug dealing, people that were involved lican, should be able to come together Secretary, Employee Benefits Security Ad- in the labor market below fair market ministration, Department of Labor, trans- for the good of our future and for the mitting the Department’s final rule — In- value. We have laws against racket- future of our children and our grand- terim Final Rule Relating to Time and Order eering, and these major banks are in- children. of Issuance of Domestic Relations Orders volved in racketeering. They are prof- At this time, Mr. Speaker, I would (RIN: 1210-AB15) received March 7, 2007, pur- iteering from illegal activity because yield back my time. suant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Education and Labor. they are willfully and openly encour- f aging people that are in violation of 851. A letter from the Principal Deputy As- the law, working and making money in LEAVE OF ABSENCE sociate Administrator, Environmental Pro- tection Agency, transmitting the Agency’s violation of our laws, and then taking By unanimous consent, leave of ab- final rule — Approval and Promulgation of that money and profiteering by cutting sence was granted to: Implementation Plans and Operating Per- a deal with the illegal alien that we Mr. TANNER (at the request of Mr. mits Program; State of Missouri [EPA-R07- will let you be in our institution if we HOYER) for today after 4:30 p.m. OAR-2007-0041; FRL-8284-8] received March 7, get a wink and a nod and we are able to Mrs. GRANGER (at the request of Mr. 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the get our pound of flesh out of it. So I BOEHNER) for today on account of at- Committee on Energy and Commerce. 852. A letter from the Principal Deputy As- think it is something we need to ad- tending a funeral. dress. sociate Administrator, Environmental Pro- Mr. SAXTON (at the request of Mr. tection Agency, transmitting the Agency’s I appreciate the chance to be able to BOEHNER) for today and March 15 on ac- final rule — Approval and Promulgation of be here tonight with you. And Mr. count of personal reasons. Implementation Plans; Iowa; Interstate Speaker, let me just say that American f Transport of Pollution [EPA-R07-OAR-2006- people may say they hear a lot about 1015; FRL-8285-1] received March 7, 2007, pur- the problem of illegal immigration and SPECIAL ORDERS GRANTED suant to 5 U.S.C. 801(a)(1)(A); to the Com- what do we do about it, but not enough By unanimous consent, permission to mittee on Energy and Commerce. people talk about simple answers. And 853. A letter from the Principal Deputy As- address the House, following the legis- sociate Administrator, Environmental Pro- I would ask you, Mr. Speaker, and ev- lative program and any special orders erybody that wants to find a simple an- tection Agency, transmitting the Agency’s heretofore entered, was granted to: final rule — Approval and Promulgation of swer, it is not a Republican or Demo- (The following Members (at the re- Implementation Plans; Kansas; Interstate crat problem, it is an American prob- quest of Ms. WOOLSEY) to revise and ex- Transport of Pollution [EPA-R07-OAR-2007- lem. And there were two great Ameri- tend their remarks and include extra- 0141; FRL-8286-3] received March 7, 2007, pur- cans, one was a Democrat, a former neous material:) suant to 5 U.S.C. 801(a)(1)(A); to the Com- Border Patrol agent called Sylvester mittee on Energy and Commerce. Ms. WOOLSEY, for 5 minutes, today. Reyes, another was the former chair- 854. A letter from the Principal Deputy As- Mr. DEFAZIO, for 5 minutes, today. man of Rules, now ranking member of sociate Administrator, Environmental Pro- Mrs. MCCARTHY of New York, for 5 tection Agency, transmitting the Agency’s Rules, a Republican from California minutes, today. final rule — Approval and Promulgation of named David Dreier, who sat down Ms. CARSON, for 5 minutes, today. Implementation Plans; State of Missouri with the Border Patrol agents, the men Ms. SOLIS, for 5 minutes, today. [EPA-R07-OAR-2007- 0083 ; FRL-8286-1] re- and women that are tasked with taking ceived March 7, 2007, pursuant to 5 U.S.C. Ms. KAPTUR, for 5 minutes, today. 801(a)(1)(A); to the Committee on Energy and care of the immigration issue. And (The following Member (at the re- they were asked, what is the one thing Commerce. quest of Mr. JONES of North Carolina) 855. A letter from the Director, Office of you would do if you had one law to to revise and extend his remarks and take care of illegal immigration? And Congressional Affairs, U.S. Nuclear Regu- include extraneous material:) latory Commission, transmitting the Com- they didn’t say be mean to anybody, all Mr. REICHERT, for 5 minutes, March mission’s final rule — List of Approved they said is give the American em- 15. Spent Fuel Storage Casks: Standardized ployer such a simple way as a tamper NUHOMS System Revision 9 (RIN: 3150-AI03) resistant Social Security card, one doc- f received March 7, 2007, pursuant to 5 U.S.C. ument, only one document to prove ADJOURNMENT 801(a)(1)(A); to the Committee on Energy and who is legal to work in the United Commerce. Mr. BILBRAY. Mr. Speaker, I move States and who isn’t. Make it so simple 856. A letter from the Director, Office of that the House do now adjourn. Sustainable Fisheries, NMFS, National Oce- for an employer to know who is legal The motion was agreed to; accord- anic and Atmospheric Administration, trans- that there is no excuse for somebody to ingly (at 10 o’clock and 14 minutes mitting the Administration’s final rule — hire an illegal so the Border Patrol p.m.), the House adjourned until to- Fisheries of the Northeastern United States; agents then can go in and really crack morrow, Thursday, March 15, 2007, at 10 Atlantic Herring Fishery; Total Allowable down on those who are hiring illegals. Catch Harvested for Management Area 1B a.m. Because the employers who are know- [Docket No. 050112008-5102-02; I.D.102406B] ingly hiring illegals cannot hide behind f (RIN: 0648-AT21) received February 27, 2007, the guise of well, I am like the little pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- EXECUTIVE COMMUNICATIONS, mittee on Natural Resources. guy who didn’t understand, it will be- ETC. 857. A letter from the Program Analyst, come so clear. Under clause 8 of rule XII, executive Department of Transporation, transmitting So I would ask, Mr. Speaker, that the Department’s final rule — Modification you do us the privilege of looking at communications were taken from the of VOR Federal Airways; and Establishment H.R. 98. SYLVESTER REYES is a very re- Speaker’s table and referred as follows: of Area Navigation Route; NC [Docket No. spected member of the Democratic 848. A letter from the Principal Deputy As- FAA-2006-24027; Airspace Docket No. 06-ASO- Party, DAVID DREIER is a very re- sociate Administrator, Environmental Pro- 1] (RIN: 2120-AA66) received February 27, spected member of the Republican tection Agency, transmitting the Depart- 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment’s final rule — Polymer of 2-Ethyl-2- Committee on Transportation and Infra- Party. This bill has had the support (Hydroxymethyl)-1,3-Propanediol, Oxirane, structure. from members of the Hispanic Caucus Methyloxirane, 1,2-Epoxyalkanes; Tolerance 858. A letter from the Program Analyst, and members of immigration groups. Exemption [EPA-HQ-OPP-2006-0658; FRL- Department of Transportation, transmitting This is where Democrats and Repub- 8116-9] received March 7, 2007, pursuant to 5 the Department’s final rule — Establishment

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of High Altitude Area Navigation Routes; Ms. CASTOR: Committee on Rules. House New York, Mr. KUHL of New York, South Central United States [Docket No. Resolution 242. Resolution providing for con- Mrs. LOWEY, Mrs. MCCARTHY of New FAA-2005-22398; Airspace Docket No. 05-ASO- sideration of the bill (H.R. 1362) to reform ac- York, Mr. MCNULTY, Mrs. MALONEY 7] (RIN: 2120-AA66) received February 27, quisition practices of the Federal Govern- of New York, Mr. MEEKS of New 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment (Rept. 110–49). Referred to the House York, Mr. NADLER, Mr. RANGEL, Mr. Committee on Transportation and Infra- Calendar. REYNOLDS, Mr. SERRANO, Ms. structure. SLAUGHTER, Mr. TOWNS, Ms. f 859. A letter from the Program Analyst, VELA´ ZQUEZ, Mr. WALSH of New York, Department of Transportation, transmitting PUBLIC BILLS AND RESOLUTIONS and Mr. WEINER): the Department’s final rule — Establishment H.R. 1520. A bill to establish the Champlain of Area Navigation Instrument Flight Rules Under clause 2 of rule XII, public Quadricentennial Commemoration Commis- Terminal Transition Route (RITTR) T-210; bills and resolutions were introduced sion, the Hudson-Fulton 400th Commemora- Jacksonville, FL [Docket No. FAA-2005-23436; and severally referred, as follows: tion Commission, and for other purposes; to Airspace Docket No. 05-ASO-10] (RIN: 2120- By Mr. WELLER: the Committee on Oversight and Govern- AA66) received February 27, 2007, pursuant to H.R. 1513. A bill to provide for demonstra- ment Reform. 5 U.S.C. 801(a)(1)(A); to the Committee on tion projects to help improve the Nation’s By Mr. KAGEN (for himself, Mr. Transportation and Infrastructure. unemployment compensation system; to the ALTMIRE, Mr. LARSON of Connecticut, 860. A letter from the Program Analyst, Committee on Ways and Means. Ms. CASTOR, Mr. BRALEY of Iowa, Mr. Department of Transportation, transmitting By Mrs. JONES of Ohio (for herself, PERLMUTTER, Mr. GENE GREEN of the Department’s final rule — Modification Mr. PITTS, Mr. EMANUEL, Mr. ENGLISH Texas, Mr. FARR, Mr. CLEAVER, Mr. of Legal Description of Class D and E Air- of Pennsylvania, Mr. MCINTYRE, and HIGGINS, Mr. MCNULTY, Ms. HIRONO, space; Fairbanks, Fort Wainwright Army Mr. BRADY of Texas): Mr. COHEN, Mr. PATRICK MURPHY of Airfield, AK [Docket No. FAA-2006-24813; Air- H.R. 1514. A bill to establish and provide Pennsylvania, and Mr. WEXLER): space Docket No. 06-AAL-16] (RIN: 2120-AA66) H.R. 1521. A bill to amend part D of title for the treatment of Individual Development received February 27, 2007, pursuant to 5 XVIII of the Social Security Act to remove Accounts, and for other purposes; to the U.S.C. 801(a)(1)(A); to the Committee on the Medicare prescription drug benefit late Committee on Ways and Means. Transportation and Infrastructure. enrollment penalty; to the Committee on By Mr. COSTELLO (for himself and Mr. 861. A letter from the Program Analyst, Energy and Commerce, and in addition to SHIMKUS): Department of Transportation, transmitting the Committee on Ways and Means, for a pe- H.R. 1515. A bill to amend the Housing and the Department’s final rule — Revision of riod to be subsequently determined by the Community Development Act of 1974 to treat Class E Airspace; Huslia, AK [Docket No. Speaker, in each case for consideration of certain communities as metropolitan cities FAA-2006-24004; Airspace Docket No. 06-AAL- such provisions as fall within the jurisdic- for purposes of the community development 13] (RIN: 2120-AA66) received February 27, tion of the committee concerned. block grant program; to the Committee on 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the By Mr. KELLER (for himself and Mr. Financial Services. Committee on Transportation and Infra- CUELLAR): By Mr. OBERSTAR (for himself, Mr. structure. H.R. 1522. A bill to promote the avail- MICA, Ms. CORRINE BROWN of Florida, 862. A letter from the Program Analyst, ability and use of the Federal student finan- and Mr. SHUSTER) (all by request): Department of Transportation, transmitting cial aid website of the Department of Edu- H.R. 1516. A bill to authorize appropria- the Department’s final rule — Modification cation; to the Committee on Education and tions for activities under the Federal rail- of Class E Airspace; Keokuk Municipal Air- Labor. road safety laws for fiscal years 2008 through port, IA [Docket No. FAA-2006-25009; Air- By Mr. LEVIN: space Docket No. 06-ACE-7] (RIN: 2120-AA66) 2011, and for other purposes; to the Com- H.R. 1523. A bill to provide for inter- received February 27, 2007, pursuant to 5 mittee on Transportation and Infrastruc- regional primary elections and caucuses for U.S.C. 801(a)(1)(A); to the Committee on ture. the selection of delegates to political party Transportation and Infrastructure. By Mr. ANDREWS (for himself, Mr. Presidential nominating conventions; to the 863. A letter from the Program Analyst, GEORGE MILLER of California, Ms. Committee on House Administration. Department of Transportation, transmitting WOOLSEY, Mr. BISHOP of New York, By Mr. LEWIS of Georgia (for himself, the Department’s final rule — Modification Mr. PAYNE, Mr. HARE, Ms. SHEA-POR- Mr. RAMSTAD, and Mr. DOGGETT): of Class E Airspace; Scottsbluff, Western Ne- TER, and Ms. CORRINE BROWN of Flor- H.R. 1524. A bill to amend the Internal Rev- braska Regional Airport/William B. Heilig ida): enue Code of 1986 to provide that a deduction Field, NE [Docket No. FAA-2006-25007; Air- H.R. 1517. A bill to amend the Occupational equal to fair market value shall be allowed space Docket No. 06-ACE-5] (RIN: 2120-AA66) Safety and Health Act of 1970 to provide for for charitable contributions of literary, mu- received February 27, 2007, pursuant to 5 coverage under that Act of employees of sical, artistic, or scholarly compositions cre- U.S.C. 801(a)(1)(A); to the Committee on State and local governments; to the Com- ated by the donor; to the Committee on Transportation and Infrastructure. mittee on Education and Labor. Ways and Means. 864. A letter from the Director of Regula- By Mr. DAVIS of Illinois (for himself By Ms. ZOE LOFGREN of California tions Management, Department of Veterans and Mr. WICKER): (for herself, Mr. GOODLATTE, Ms. Affairs, transmitting the Department’s final H.R. 1518. A bill to allow employees of Fed- LINDA T. SA´ NCHEZ of California, Mr. rule — Traumatic Injury Protection Rider to erally-qualified health centers to obtain SMITH of Texas, and Ms. JACKSON-LEE Servicemembers’ Group Life Insurance (RIN health coverage under chapter 89 of title 5, of Texas): 2900-AM36) received March 7, 2007, pursuant United States Code; to the Committee on H.R. 1525. A bill to amend title 18, United to 5 U.S.C. 801(a)(1)(A); to the Committee on Oversight and Government Reform. States Code, to discourage spyware, and for Veterans’ Affairs. By Mr. GONZALEZ: other purposes; to the Committee on the Ju- 865. A letter from the Chief, Trade & Com- H.R. 1519. A bill to prohibit offering home- diciary. mercial Regulations Branch, Department of building purchase contracts that contain in By Mr. GEORGE MILLER of California Homeland Security, transmitting the De- a single document both a mandatory arbitra- (for himself, Ms. ESHOO, Mrs. partment’s final rule — Entry Of Certain Ce- tion agreement and other contract provi- TAUSCHER, Mr. LANTOS, Mr. HONDA, ment Products from Mexico Requiring A sions, to prohibit requiring purchasers to Ms. ZOE LOFGREN of California, Mr. Commerce Department Import License consent to a mandatory arbitration agree- MCNERNEY, and Mr. STARK): [USCBP-2006-0020] (RIN: 1505-AB68) received ment as a condition precedent to entering H.R. 1526. A bill to amend the Reclamation March 5, 2007, pursuant to 5 U.S.C. into a homebuilding purchase contract, and Wastewater and Groundwater Study and Fa- 801(a)(1)(A); to the Committee on Ways and to provide for the Federal Trade Commission cilities Act to authorize the Bay Area Re- Means. to enforce violations of such prohibitions as gional Water Recycling Program, and for f unfair and deceptive acts or practices under other purposes; to the Committee on Natural the Federal Trade Commission Act; to the Resources. REPORTS OF COMMITTEES ON Committee on Financial Services, and in ad- By Mr. MORAN of Kansas (for himself PUBLIC BILLS AND RESOLUTIONS dition to the Committee on Energy and Com- and Mr. LATHAM): Under clause 2 of rule XIII, reports of merce, for a period to be subsequently deter- H.R. 1527. A bill to amend title 38, United mined by the Speaker, in each case for con- States Code, to allow highly rural veterans committees were delivered to the Clerk sideration of such provisions as fall within enrolled in the health system of the Depart- for printing and reference to the proper the jurisdiction of the committee concerned. ment of Veterans Affairs to receive covered calendar, as follows: By Mr. HINCHEY (for himself, Mr. health services through providers other than Mr. SKELTON: Committee on Armed Serv- MCHUGH, Mr. WELCH of Vermont, Mr. those of the Department, and for other pur- ices. H.R. 1362. A bill to reform acquisition ACKERMAN, Mr. ARCURI, Mr. BISHOP of poses; to the Committee on Veterans’ Af- practices of the Federal Government; with New York, Ms. CLARKE, Mr. CROWLEY, fairs. an amendment (Rept. 110–47 Pt. 2). Referred Mr. ENGEL, Mr. FOSSELLA, Mrs. By Mr. OLVER (for himself, Mr. NEAL to the Committee of the Whole House on the GILLIBRAND, Mr. HALL of New York, of Massachusetts, Mr. MURPHY of State of the Union. Mr. HIGGINS, Mr. ISRAEL, Mr. KING of Connecticut, Ms. DELAURO, Mr.

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COURTNEY, and Mr. LARSON of Con- H.R. 471: Mr. LEWIS of Kentucky, Mr. SIRES, Mr. GEORGE MILLER of California, Ms. necticut): FOSSELLA, and Mr. MCGOVERN. BORDALLO, and Mr. RUPPERSBERGER. H.R. 1528. A bill to amend the National H.R. 477: Mr. WALDEN of Oregon and Ms. H.R. 1240: Mr. FILNER, Mr. MICHAUD, Mrs. Trails System Act to designate the New Eng- LINDA T. SA´ NCHEZ of California. CHRISTENSEN, Mr. CONYERS, Ms. ROS- land National Scenic Trail, and for other H.R. 493: Mr. ALTMIRE. LEHTINEN, Mr. RUSH, Mr. FATTAH, Ms. NOR- purposes; to the Committee on Natural Re- H.R. 511: Mrs. CAPITO, Mr. CHABOT, Mr. TON, Mr. GRIJALVA, Mr. CROWLEY, Mr. MAN- sources. FLAKE, Mr. FORTUN˜ O, and Mr. FOSSELLA. ZULLO, Mr. AL GREEN of Texas, Mr. GENE By Mr. SMITH of New Jersey (for him- H.R. 619: Mr. LEWIS of Georgia, Mr. LEVIN, GREEN of Texas, and Mr. LANGEVIN. self, Mr. ROYCE, Mr. ROHRABACHER, Ms. JACKSON-LEE of Texas, Ms. NORTON, Ms. H.R. 1287: Ms. SCHAKOWSKY. BALDWIN, Mr. PRICE of North Carolina, Mr. Mr. MCCOTTER, Mr. WOLF, Mr. RENZI, H.R. 1293: Mr. LEWIS of Kentucky, Mr. PATRICK MURPHY of Pennsylvania, and Ms. Mr. DANIEL E. LUNGREN of California, RADANOVICH, Mr. ROSS, Mr. KELLER, and Mr. SOLIS. Mr. TOM DAVIS of Virginia, and Mr. MCHENRY. H.R. 621: Mr. ROTHMAN and Mr. RAHALL. PASCRELL): H.R. 1303: Mrs. NAPOLITANO. H. Res. 243. A resolution calling on the H.R. 657: Mr. LAHOOD. H.R. 661: Mr. MCGOVERN. H.R. 1324: Mr. ROHRABACHER and Mrs. Government of the Socialist Republic of MCMORRIS RODGERS. Vietnam to immediately and uncondition- H.R. 684: Mr. MCNULTY. H.R. 699: Mr. JINDAL, Mr. LINDER, Ms. H.R. 1325: Mr. CAPUANO, Mr. REYES, and ally release Father Nguyen Van Ly, Nguyen FOXX, and Mr. WALBERG. Mr. RODRIGUEZ. Van Dai, Le Thi Cong Nhan, and other polit- H.R. 718: Mr. SOUDER and Mr. HILL. H.R. 1330: Mr. GERLACH and Mr. PAYNE. ical prisoners and prisoners of conscience, H.R. 721: Mr. COLE of Oklahoma, Mr. PE- H.R. 1333: Ms. SCHAKOWSKY. and for other purposes; to the Committee on TERSON of Pennsylvania, and Mr. ISSA. H.R. 1342: Mr. HOEKSTRA. Foreign Affairs. H.R. 731: Mr. CUELLAR and Mr. MICHAUD. H.R. 1344: Ms. CORRINE BROWN of Florida, By Ms. MILLENDER-MCDONALD (for H.R. 748: Mr. BOUCHER. Mr. ALEXANDER, Mr. GERLACH, and Mr. FARR. herself and Mr. EHLERS): H.R. 768: Mr. TANCREDO. H.R. 1359: Mr. FRANKS of Arizona. H. Res. 244. A resolution electing members H.R. 769: Mr. TANCREDO and Mr. GARY G. H.R. 1366: Mr. CANTOR. to the Joint Committee on Printing and the MILLER of California. H.R. 1394: Ms. BORDALLO. Joint Committee of Congress on the Library; H.R. 797: Mr. WEXLER. considered and agreed to. H.R. 804: Mr. MEEHAN, Mr. THOMPSON of H.R. 1420: Ms. JACKSON-LEE of Texas, Ms. By Mr. WILSON of South Carolina (for California, Ms. SCHWARTZ, Mr. HASTINGS of NORTON, Mr. STARK, Mrs. DAVIS of California, himself and Mr. MCDERMOTT): Florida, Ms. LINDA T. SA´ NCHEZ of California, and Ms. DEGETTE. H. Res. 245. A resolution recognizing the Mr. MICHAUD, and Mr. ELLISON. H.R. 1424: Mrs. BONO. religious and historical significance of the H.R. 869: Mr. TAYLOR, Mr. ALLEN, Mr. HILL, H.R. 1430: Mr. FRANKS of Arizona, Mr. festival of Diwali; to the Committee on Over- and Mr. KIND. HERGER, and Mr. CHABOT. sight and Government Reform. H.R. 897: Ms. CARSON. H.R. 1433: Mr. DAVIS of Illinois, Mr. By Mr. GOODE: H.R. 971: Mrs. NAPOLITANO. ELLISON, and Ms. WASSERMAN SCHULTZ. H. Res. 246. A resolution expressing the H.R. 977: Mr. STARK. H.R. 1435: Ms. KAPTUR, Mr. FATTAH, Ms. sense of the House of Representatives that H.R. 980: Mr. FATTAH, Mr. MCDERMOTT, Ms. BORDALLO, and Mr. NEAL of Massachusetts. States and units of local government should SCHAKOWSKY, Mr. BAIRD, Mr. DENT, Ms. H.R. 1441: Mr. ABERCROMBIE, Mr. ISRAEL, enact legislation to prohibit the issuance of CORRINE BROWN of Florida, Mr. PALLONE, Mr. and Mr. MCINTYRE. business, professional, or occupational li- ABERCROMBIE, Mrs. TAUSCHER, Mr. GRIJALVA, H.R. 1448: Mr. SCHIFF, Ms. BERKLEY, and censes to unauthorized aliens; to the Com- Mr. OBERSTAR, Ms. DELAURO, Mr. SKELTON, Mr. ENGLISH of Pennsylvania. Mrs. MALONEY of New York, Mr. GENE GREEN mittee on the Judiciary. H.R. 1459: Mr. YARMUTH, Mr. GONZALEZ, Mr. of Texas, Mr. EMANUEL, Mr. FILNER, and Mr. f POE, Mr. BONNER, and Mr. FORBES. UDALL of New Mexico. H.R. 1505: Mr. BOSWELL. H.R. 981: Mr. MCHUGH. PRIVATE BILLS AND H.R. 1509: Mr. HULSHOF. RESOLUTIONS H.R. 983: Mr. CUELLAR, Mr. LEWIS of Ken- tucky, Mr. DUNCAN, Mr. GRIJALVA, Mr. H.J. Res. 14: Ms. CARSON. Under clause 3 of rule XII, BONNER, Mr. STEARNS, Mrs. WILSON of New H. Con. Res. 9: Mr. ANDREWS and Ms. SUT- Mr. WILSON of South Carolina introduced Mexico, Mr. CHANDLER, Mr. HINOJOSA, Mr. TON. a bill (H.R. 1529) for the relief of Griselda WALBERG, Mr. GOHMERT, Mr. PENCE, and Mr. H. Con. Res. 49: Mr. ORTIZ, Mr. WILSON of Lopez Negrete; which was referred to the TIM MURPHY of Pennsylvania. Ohio, and Mr. MCNERNEY. Committee on the Judiciary. H.R. 988: Mr. DOOLITTLE, Mr. RADANOVICH, H. Con. Res. 71: Mr. DOYLE, Mr. MARKEY, Mr. BERMAN, Mr. LANTOS, Mr. THOMPSON of and Ms. LINDA T. SA´ NCHEZ of California. f California, Mrs. TAUSCHER, Mr. HONDA, Ms. H. Res. 49: Mr. HARE, Mr. CONYERS, and Mr. ADDITIONAL SPONSORS MILLENDER-MCDONALD, Mr. SHERMAN, Mr. OBERSTAR. GALLEGLY, and Mrs. DAVIS of California. H. Res. 105: Mrs. CUBIN and Mr. LINDER. Under clause 7 of rule XII, sponsors H.R. 989: Mr. MILLER of Florida and Mrs. H. Res. 146: Mr. MCNULTY, Mr. FILNER, and were added to public bills and resolu- BLACKBURN. Ms. HIRONO. tions as follows: H.R. 1026: Mr. MCNULTY. H. Res. 194: Mrs. CHRISTENSEN, Mr. CLAY, H.R. 1034: Mr. RAHALL. H.R. 23: Mr. GEORGE MILLER of California Ms. CASTOR, Mr. HASTINGS of Florida, Mr. H.R. 1043: Mr. RAMSTAD. and Mr. WELLER. GRIJALVA, Mr. RYAN of Ohio, Mrs. H.R. 1061: Mr. RENZI and Mr. ENGLISH of NAPOLITANO, Mr. LANTOS, Mr. MCDERMOTT, H.R. 39: Mr. HILL, Mr. ARCURI, and Mr. Pennsylvania. Mr. BRALEY of Iowa, Ms. MATSUI, Mr. SMITH of New Jersey. H.R. 1093: Mr. BOYD of Florida and Mr. FATTAH, Ms. CORRINE BROWN of Florida, and H.R. 171: Mr. SCOTT of Virginia and Mr. FEENEY. Ms. LORETTA SANCHEZ of California. MCGOVERN. H.R. 1108: Mr. HARE, Mr. ROSKAM, and Mr. H. Res. 208: Mr. FORBES. H.R. 180: Ms. CLARKE. TOWNS. H. Res. 213: Ms. EDDIE BERNICE JOHNSON of H.R. 243: Mr. SENSENBRENNER. H.R. 1132: Ms. ZOE LOFGREN of California. H.R. 245: Mr. GERLACH. H.R. 1188: Mr. RUPPERSBERGER. Texas, and Mr. MCNULTY. H.R. 255: Mr. GERLACH. H.R. 1190: Mr. TERRY and Mr. CUMMINGS. H. Res. 223: Ms. MCCOLLUM of Minnesota. H.R. 275: Mr. MCCOTTER. H.R. 1229: Mr. PASTOR and Mr. GERLACH. H. Res. 233: Mr. LATOURETTE and Mr. SEN- H.R. 303: Mr. CONYERS and Mr. CLEAVER. H.R. 1234: Mr. CLAY and Mr. FILNER. SENBRENNER. H.R. 419: Mr. THORNBERRY. H.R. 1236: Mr. BUTTERFIELD, Mrs. MALONEY H. Res. 237: Mr. FATTAH and Mr. MCGOV- H.R. 463: Mr. KANJORSKI. of New York, Mr. CLEAVER, Mr. HOLDEN, Mr. ERN.

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Vol. 153 WASHINGTON, WEDNESDAY, MARCH 14, 2007 No. 44 Senate The Senate met at 10 a.m. and was U.S. SENATE, RECOGNITION OF THE MINORITY called to order by the Honorable BEN- PRESIDENT PRO TEMPORE, LEADER JAMIN L. CARDIN, a Senator from the Washington, DC, March 14, 2007. To the Senate: The ACTING PRESIDENT pro tem- State of Maryland. Under the provisions of rule I, paragraph 3, pore. The Republican leader is recog- of the Standing Rules of the Senate, I hereby nized. PRAYER appoint the Honorable BENJAMIN L. CARDIN, f The Chaplain, Dr. Barry C. Black, of- a Senator from the State of Maryland, to fered the following prayer: perform the duties of the Chair. REACHING AN AGREEMENT ROBERT C. BYRD, Let us pray. Mr. MCCONNELL. Mr. President, let President pro tempore. Eternal Lord God, who alone me just indicate that Republican Sen- Mr. CARDIN thereupon assumed the stretches out the heavens, from ever- ators will be voting for cloture on the chair as Acting President pro tempore. lasting to everlasting, You are God. motion to proceed. The majority leader Thank You that our daily work is in- f has it entirely correct. He and I will be tended by You to bless us and not to be RECOGNITION OF MAJORITY discussing during the course of the day a burden. LEADER how to proceed, both on the Iraq issue As our lawmakers labor today to ful- The ACTING PRESIDENT pro tem- and on the U.S. attorney proposal, and fill Your purposes, give them strength pore. The majority leader is recog- we will be, as I indicated, trying to and wisdom to discern the signs of nized. reach an agreement on both of those these times. We do not ask You to give matters. f them faith for every day they will live f but for enough faith to live 1 day at a SCHEDULE ORDER OF PROCEDURE time. Lord, keep them vigilant in the Mr. REID. Mr. President, following face of temptation, resolute in their de- any time Senator MCCONNELL and I Mr. REID. Mr. President, I haven’t termination to resist it and do Your will use, there will be 60 minutes of de- had a chance to confer with the distin- will. Fill their hearts with Your spirit bate prior to a vote on the motion to guished Republican leader. I would like so that whatever they do will glorify invoke cloture on the motion to pro- to ask unanimous consent that there and honor Your Name. Keep them from ceed to S.J. Res. 9 relating to Iraq pol- be 5 minutes additional time on each becoming weary in doing good, remind- icy. The time is equally divided and side for the debate prior to the cloture ing them that at the proper time, they controlled between the leaders or their vote. will reap a harvest if they don’t give designees. The leaders will have the The ACTING PRESIDENT pro tem- up. final 20 minutes immediately prior to pore. Is there objection? Without objec- We pray in the Name that is above the vote, with the majority leader con- tion, it is so ordered. every name. Amen. trolling the last 10 minutes. Mr. REID. Mr. President, finally, on f I have had an ongoing discussion our side, I yield 4 minutes to Senator with the Republican leader about how KENNEDY, 4 minutes to Senator LEVIN, PLEDGE OF ALLEGIANCE we could or would proceed to the Iraq 4 minutes to Senator BIDEN, 4 minutes The Honorable BENJAMIN L. CARDIN resolution following whatever happens to Senator NELSON of Florida, and 4 led the Pledge of Allegiance, as follows: this morning. In addition to Iraq, I minutes to Senator REED of Rhode Is- I pledge allegiance to the Flag of the mentioned a proposed agreement re- land. United States of America, and to the Repub- garding the U.S. attorney legislation. I f lic for which it stands, one nation under God, anticipate that agreement will be able indivisible, with liberty and justice for all. to be reached soon, which would elimi- RESERVATION OF LEADER TIME f nate the necessity of a cloture vote on The ACTING PRESIDENT pro tem- the motion to proceed on the legisla- pore. Under the previous order, the APPOINTMENT OF ACTING tion. If no agreement is reached, then leadership time is reserved. PRESIDENT PRO TEMPORE once we dispose of the Iraq resolution, f The PRESIDING OFFICER. The a cloture vote would occur automati- clerk will please read a communication cally on the motion to proceed to the TO REVISE UNITED STATES POL- to the Senate from the President pro U.S. attorney legislation. ICY ON IRAQ—MOTION TO PRO- tempore (Mr. BYRD). As the day progresses, I will have CEED The assistant legislative clerk read more to say about the schedule after The ACTING PRESIDENT pro tem- the following letter: conferring with the Republican leader. pore. Under the previous order, there

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

S3077

VerDate Aug 31 2005 00:18 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.000 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3078 CONGRESSIONAL RECORD — SENATE March 14, 2007 will now be 1 hour 10 minutes of debate tion to stand up for our troops and utes and Senator ALEXANDER for 10 equally divided and controlled between stand up to our President when he minutes. the two leaders or their designees prior stubbornly refuses to change course in Mr. LEVIN. Mr. President, reserving to the motion to invoke cloture on the Iraq. We are meeting our responsibility the right to object, is this dividing the motion to proceed on S.J. Res. 9, with by changing the mission of our mili- hour of debate on the motion to pro- the final 20 minutes for the leaders and tary, not micromanaging the war. ceed? the majority leader controlling the The recent hearings on Walter Reed Mr. MCCAIN. Yes. final 10 minutes. should instruct us here today. They The ACTING PRESIDENT pro tem- The Senator from Massachusetts is tell us how little faith we can put in pore. Is there objection? Without objec- recognized. this administration. The very people tion, it is so ordered. Mr. KENNEDY. Mr. President, as I who hide behind the troops when their The Senator from Arizona is recog- understand it, I have 4 minutes. policies are questioned have failed to The ACTING PRESIDENT pro tem- nized. keep faith with our wounded soldiers. Mr. MCCAIN. Mr. President, I amend pore. The Senator is correct. But just as importantly, the hearings Mr. KENNEDY. Would the Chair let my request. Delete Senator MARTINEZ; on Walter Reed remind us all of the just Senator ALEXANDER for 10 min- me know when I have 30 seconds re- human costs of the war. This adminis- maining? utes. I believe that would leave me or tration has done all it can to hide them The ACTING PRESIDENT pro tem- other speakers an additional 5 minutes, from us. They have forbidden photo- pore. The Senator will be notified. according to the division of time. Mr. KENNEDY. Mr. President, this is graphs of the coffins flown back from The ACTING PRESIDENT pro tem- a defining moment. The American peo- Iraq. The President has avoided attend- pore. Without objection, it is so or- ple are watching. The world is watching the funerals of the fallen, and the dered. tours at Walter Reed never included ing. The issue is clear: Will we stand Mr. MCCAIN. Mr. President, no mat- with our soldiers by changing their Building 18. But the hearings on Walter ter we will debate this year is as im- mission to begin to bring them home or Reed swept away all the spin and cam- portant as the future of America’s in- will we stand to keep our soldiers in ouflage and put our wounded soldiers volvement in Iraq. The decisions we Iraq’s civil war? History will judge us. back where they belong: at the heart of make will shape the future of the Mid- We can either continue down the Presi- our debate about the war. dle East, the conduct of American for- At the end of those hearings, every- dent’s perilous path or embrace a new eign relations, the security of our Na- one agreed that the Army had failed direction. If we don’t change course, we tion, and the lives of our countrymen. these brave soldiers. But we failed know what lies ahead: more American Just as each of us will use our best them long before they arrived at an casualties, more American death, and judgment to find answers to the prob- Army hospital. This administration more destruction. A new strategy that lems we face in this war, so too must failed them when it trumped up the in- makes the Iraqis less reliant on our we heed the moral implications of our telligence in order to make the case for military is the best way forward. More judgments regardless of the political of the same misguided policy will re- war. The ACTING PRESIDENT pro tem- ramifications. Matters of war and sult in more of the same tragedy for peace impose responsibilities on us our military. Let’s try a new course pore. The Senator has 30 seconds remaining. that mock our other less solemn obli- and try it now. gations in which partisan or personal We must proceed because Iraq is the Mr. KENNEDY. I ask unanimous consent for 30 additional seconds. considerations may be expected to have overarching issue of our time. We are a less injurious effect. being told we need to be patient. We It failed them when it sent too few I must admit to some bewilderment are being told we have to give the lat- troops with too little armor. It failed at the way in which the proponents of est escalation a chance to succeed. But them when it turned the reconstruc- the resolution authored by the major- we have heard it all before. We have tion of Iraq into a political science ity leader have chosen to proceed. They heard for years that this administra- project. do not support the President’s plan to tion has a plan for success. We have We in the Senate will fail them today heard for years that progress is just a if we do not vote to change course and send additional troops to Iraq as one few months away. We have heard for to bring our soldiers home. element of a broader effort to stabilize years that we have turned a corner. At the end of this debate, the Amer- that violence-torn country. They be- But the plans for success keep getting ican people will know where each of us lieve the Senate should be on record as tossed aside for new plans, the time- stands. On our side of the aisle, we opposing the plan to augment our lines for progress keep getting ex- stand with the American people. The forces. Fair enough. Let’s have this de- tended, and we have turned so many voters told us in November to change bate, and if any Senator believes our corners that we have ended up back course and begin to bring our troops Nation is embarking on a misguided where we started: trying to control home, and that is what we are going to approach, he or she has not just the Baghdad. do. We stand for our constitutional sys- right but the obligation to oppose it It is time to change direction. There tem in which the Congress speaks for vigorously. Such is our responsibility are too many parents who have buried the people in matters of war and peace as elected officials in a Congress that their children, too many children left and can require that the President lis- possesses the constitutional power of without their father or mother, and too ten to them. Finally, we stand with our the purse. many soldiers missing arms and legs troops. We alone are insisting on a pol- Yet we debate today not legislation and eyes and ears. It is time to change icy worthy of their courage and worthy that would defund the war but, rather, course, let the Iraqis step up to the of their sacrifice. a new resolution authorizing again the plate and take responsibility for their Peace and progress in Iraq must be use of military force in Iraq. Having own future, and begin to redeploy our earned by the Iraqis and their neigh- authorized the President to use mili- troops out of Iraq. bors. We must no longer send our brave tary force in Iraq in 2002, the sponsors Those of us who oppose the war are soldiers into an uncertain fate on the of this new resolution would attempt used to the administration’s attacks. streets of Baghdad. Bring them home to legislate our troops’ mission in mid- They have questioned our patriotism to the heroes welcome they have stream. They would not declare war, and called us defeatist. When we chal- earned. nor end it, as the Constitution pro- lenged the President’s misguided pol- The ACTING PRESIDENT pro tem- vides, but micromanage it. I ask my icy, they accused us of having political pore. The Senator from Arizona is rec- colleagues: Is such micromanagement motives and being partisan. They were ognized. of warfare the responsibility of this wrong then, and they are wrong now. Mr. MCCAIN. Mr. President, I ask body? The Supreme Court has said in Our motives have always been clear: to unanimous consent that I be recog- the past that the conduct of campaigns protect the lives of our soldiers. nized for the first 15 minutes, followed, is the province of our Nation’s execu- The American people are far ahead of in the order in which people are recog- tive branch, not a task for lawmakers. the administration. We have an obliga- nized, by Senator MARTINEZ for 5 min- Yet S.J. Res. 9, by choosing particular

VerDate Aug 31 2005 00:18 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.002 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3079 missions for U.S. forces in Iraq and for- sible for meaningful political and eco- terrible consequence unfold as a result bidding others, would attempt to exer- nomic activity to take place in an en- of our withdrawal. Can we really excise the power properly reserved for the vironment as riddled with violence as pect American soldiers and Marines to Commander in Chief of our Armed Baghdad is today. Security is the pre- turn their backs while ethnic cleansing Forces. condition for political and economic on a Rwanda-like level of violence oc- When Congress authorized this war, progress, and without security, we will curs in Baghdad? I don’t think it is re- we committed America to a mission not see the political settlement all of alistic or right to expect Americans to that entails the greatest sacrifice a us agree is necessary. observe another Srebrenica on a truly country can make, one that falls dis- Until the government and its coali- epic scale occur, and do nothing to stop proportionately on those Americans tion allies can protect the population, it. And I don’t think it is realistic to who love their country so much they the Iraqi people will increasingly turn think that we can somehow ameliorate volunteer to risk their lives to accom- to extra-governmental forces, espe- its catastrophic consequences for the plish that mission. When we authorized cially Sunni and Shiite militias, for rest of Iraq and the region by con- this war, we accepted the responsi- protection. Only when the government tinuing to chase insurgents and al- bility to make sure they could prevail. has a monopoly on the legitimate use Qaida terrorists on search and destroy When we voted to send them into bat- of force will its authority have mean- missions or stretching our forces along tle, we asked them to use every ounce ing, and only when its authority has its borders to prevent other nations of their courage and fortitude on behalf meaning can political activity have the from intervening more forcefully to of us. results we seek. support whichever side they find their Now it is only right that we, the The presence of additional forces interests aligned with. elected officials entrusted with over- could allow the Iraqi government to do I’ve heard some argue that Iraq is al- seeing the future of our soldiers’ in- what it cannot accomplish today on its ready a catastrophe, and we need to get volvement, exercise a lesser magnitude own—impose its rule throughout the our soldiers out of the way of its con- of courage, our political courage, on country. Toward that end we have sequences. To my colleagues who be- behalf of them and the country they begun executing a traditional lieve this, I say, you have no idea how serve. If any Senator believes that our counterinsurgency strategy aimed at much worse things could get, indeed, troops’ sacrifice is truly in vain, the protecting the population and control- are likely to get, if we simply accede to dictates of conscience demand that she ling the violence. In bringing greater the sectarian violence in Baghdad. It is or he act to prevent it. Those who security to Iraq, and chiefly to Bagh- a city of six million people, two million would cut off all funding for this war, dad, our forces can give the govern- of whom are Sunni. Without U.S. forces though I disagree deeply with their po- ment a fighting chance to pursue rec- there to attempt to prevent it from de- sition and dread its consequences, have onciliation. scending further into the sectarian the courage of their convictions, and I This does not imply that reconcili- warfare, and all of its citizens turning respect them for it. If, on the other ation is the inevitable outcome of a to the militias and insurgents to pro- hand, you believe, as I do, that an in- troop surge. On the contrary, there is tect them, the bloodshed and destruc- crease of U.S. troops in Iraq, carrying no guarantee of success. What the situ- tion we have witnessed to date will be out a counterinsurgency mission and ation demands is not a guarantee, but but a suggestion of the humanitarian coupled with critical political and eco- rather a strategy designed to give us calamity to come. nomic benchmarks to be met by the the best possible chance for success. The President, under this legislation, Iraqi Government, provides a better— This, I believe, is what the new plan would have to begin redeployments and perhaps the last—chance for suc- represents. It gives America and the within 120 days, and nearly all troops cess in Iraq, then you should give your Iraqis a better chance to avoid the cat- would have to leave Iraq by March 31, support to this new strategy. astrophic consequences of failure. 2008. Why were these dates chosen? It may not be popular nor politically Catastrophic failure is, on the other Why these and not others? Why dates expedient, but we are always at our hand, what many of us fear is on offer for withdrawal, rather than conditions? best when we put aside the small poli- should the proponents of this resolu- Such mandates are a retreat, not a tics of the day in the interest of our tion prevail. They would shift the focus strategy, and we should be honest nation and the values upon which they of our commanders and troops from es- about the character of such a proposal. rest. tablishing security in Iraq to three Iraq is not Vietnam. We were able to Mr. President, allow me to turn to limited objectives: protecting coalition walk away from Vietnam. If we walk the substance of this resolution. After personnel and infrastructure, training away from Iraq now, we risk a failed stating, twice, that the conflict in Iraq and equipping Iraqi forces, and con- state in the heart of the Middle East, a requires principally a political solu- ducting targeted counter-terrorism op- haven for international terrorists, an tion, it would legislate the withdrawal erations. invitation to regional war in this eco- of U.S. forces in Iraq. Let me ask the Let us think about the implications nomically vital area, and a humani- sponsors of this resolution precisely of ordering American soldiers to target tarian disaster that could involve mil- what assumption is behind this con- ‘‘terrorists,’’ but not those who foment lions of people. If we walk away from struction. Is it that all hope is lost in sectarian violence. Was the attack on Iraq, we will be back—possibly in the Iraq, that we have lost the war and the Golden Mosque in Samarra a ter- context of a wider war in the world’s thus must bring our troops home? Or is rorist operation or the expression of most volatile region. it the proponents’ contention that by sectarian violence? When the Madhi All of us want to bring out troops withdrawing troops we will actually Army attacks government police sta- home, and to do so as soon as possible. maximize the chances of success? tions, are they acting as terrorists or None of us, no matter how we voted on Can we, by withdrawing our troops as a militia? What about when an the resolution authorizing this war, be- from Iraq, actually increase the sta- American soldier comes across some lieves the situation that existed until bility in Iraq rather than risk catas- unknown assailant burying an IED in recently is sustainable. None of us can trophe, and induce a political solution the road? The obvious answer is that say we have proposed a course of action rather than make it less possible? Is such acts very often constitute ter- that will achieve certain success. The success in Iraq as simple as issuing re- rorism in Iraq and sectarian violence in hour is late. The situation is, indeed, deployment orders, a move blocked Iraq. The two are deeply intertwined, dire. only by stubborn commanders and ci- and that is one reason why progress But all of us have a responsibility to vilian authorities? has been so difficult. To say that tar- withstand despair to make sound, in- General David Petraeus, for one, be- geting terrorist violence is allowable formed judgments about how to pro- lieves that it is not. Of course the dire while stopping sectarian violence is il- ceed from here, and to defer our own situation in Iraq demands a political legal flies in the face of this reality. interests and political considerations solution. That is undeniably true. But The three limited missions contained to considerations of what is in the best a political solution among the Iraqis in this resolution would prohibit inter- interests of our country. Presidents cannot be simply conjured. It is impos- vention to stop genocide, should that don’t lose wars. Political parties don’t

VerDate Aug 31 2005 00:18 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.003 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3080 CONGRESSIONAL RECORD — SENATE March 14, 2007 lose wars. Nations lose wars and na- them succeed. Those are the only re- cluding from the Biden-Gelb plan tions suffer the consequences. Those sponsible, the only honorable choices straight through to the Iraq Study consequences are far graver than a lost before us. There are no others. I wish Group, says: Look, use our troops wise- election. there were. But here we are, con- ly; use them wisely. What are their When a nation goes to war, a million fronting a political, military and moral missions? We have the right and obli- tragedies ensue. None are more painful dilemma of immense importance, with gation constitutionally, and we should than the loss and injury of a country’s the country’s most vital security inter- have the courage constitutionally, to finest patriots. It is a terrible thing, ests and the lives of the best Ameri- exercise our responsibility to say: Why war, but not the worst thing. The men cans among us at stake. May God grant are our troops there? and women we have sent into harm’s us the wisdom and humility to make Did anybody on this floor, did anyway understand that. They, not us, this difficult judgment in our country’s body count on the utter incompetence have endured the heartache and depri- best interests only, and the courage to of this administration when they were vations of war so that the worst thing accept our responsibility for the con- getting the authority they were get- would not befall us, so that America sequences which will ensue. ting? Absolute incompetence. I stood might be secure in her freedom, The I yield the floor and reserve the re- on this floor 3 years ago saying we need war in which they fight has divided mainder of my 5 minutes. another 100,000 troops before the sec- Congress and the American people. But The ACTING PRESIDENT pro tem- tarian violence became self-sustaining it has divided no American in their ad- pore. The Senator from Delaware is and warned, as others did, that once it miration for them. We all honor them. recognized. did, all the king’s horses and all the We are all—those who supported the Mr. BIDEN. Mr. President, our troops king’s men could not hold that country decision that placed them in harm’s don’t lose wars; bad policy and bad together. way and those who opposed it—we are leadership lose wars. We should have So what is our objective here? Our all humbled by their example, and the courage to stand up and tell the ad- objective is to leave Iraq relatively sta- chastened in our prideful conviction ministration they have had a God- ble within its own borders, not a threat that we, too, in our own way, have of- awful policy. They put our troops in a to its neighbors and not a haven for fered our country some good service. It position that, in fact, has made it vir- terror. may be true or it may not, but no mat- tually impossible for them to succeed What is the President and my friend ter how measurable our own contribu- at the outset. They deserve a policy, a from Arizona and others insisting on? tions to this blessed and beautiful plan, but there is no plan. What can never be: a central govern- country, they are a poor imitation of We went to war with too few troops, ment that is a democracy that is going theirs. I know we all know how little is we went to war unnecessarily, and we to be fair to the rest of its citizens. It asked of us compared to their service, went to war with men and women who is not possible, mark my words. and the solemn and terrible sacrifice were ill-equipped, and they are coming So as long as the President keeps us made by those who will never return to home ill-served. It is about time we on this ridiculous path, taking us off a the country they loved so well. have the courage to stand up and say cliff, I ask my colleagues: Does any- In the last few weeks some of those to the President: Mr. President, you body think they are going to be able to brave men and women have learned have not only put us in harm’s way, sustain keeping American forces in their tour in Iraq will last longer than you have harmed us. You have no pol- Iraq at 160,000 for another year and a they were initially told. Others have icy, Mr. President. half? What do you think? What do you learned that they will soon return to I am so tired of hearing on this floor think is going to happen in Tennessee, combat sooner than they had been led about courage. Let’s have the courage in Delaware, in Illinois? Are we going to expect. It is a sad and hard thing to to tell the administration to stop this to break this man’s and woman’s ask so much more of Americans who ridiculous policy they have. Army? What are we going to do here? have already given more than their fair We are taking sides in a civil war. I How many times do we have to ask share to the defense of our country. was there in Srebrenica. I was in Tuzla. those 175,000 marines to rotate, three, Few of them and their families will I was in Sarajevo. I was in Brcko in the four, five, six, seven times? have greeted the news without feeling Balkans. How did we solve that? We And what is the President’s political greatly disappointed and worried, and solved that with a policy of separating solution? I love this. Everyone says without offering a few well deserved the parties. there is no military solution, only a complaints in the direction of those of This is a cycle of self-sustaining sec- political solution. Name me one person us who have imposed on them this ad- tarian violence that 20,000, 30,000, who has come up with a political solu- ditional hardship. Then they will 50,000, 100,000 Americans will not be tion—one—other than me and Les shoulder a rifle and risk everything— able to stop. This is ridiculous. There Gelb. evetything—to accomplish their mis- is no plan. I ask the President and ev- There is a political solution. It is sion, to protect another people’s free- eryone else who comes forward with a what history teaches us. When there is dom and our own country from harm. plan, whether it is capping or surging self-sustaining sectarian violence, May God bless and protect them. And or whatever they have: Will it answer there is only one of four possibilities: may we, their elected representatives, the two-word test: Then what? Then They either, one, expire, kill one an- have the political courage to stand by what? Then what? What happens after other off; two, you impose a dictator; our convictions, and offer something we surge these women and men? three, you have an empire; or, four, more than doubts, criticism, or no con- And by the way, he said General you have a Federal system. fidence votes to this debate. They de- Petraeus is one who believes. He may Mr. President, I ask unanimous con- serve more than that. be the only one who believes this is a sent for 30 more seconds. I know that every Member of this good idea. Virtually no one else thinks The ACTING PRESIDENT pro tem- body is united in our regard and con- it is a good idea. Look, in this story pore. Without objection, it is so or- cern for them. I know every Member of about the Constitution, we gave the dered. this body is struggling to understand President specific authority, which is Mr. BIDEN. Mr. President, I am tired the best way forward to avoid complete our responsibility. It was to take down of hearing about courage. The only failure in Iraq. But whether this reso- Saddam, if need be, it was to get rid of courage being evidenced in this coun- lution carries or not, these soldiers and weapons of mass destruction that did try is by those folks out on the battle- marines are going to deploy to Bagh- not exist, and it was to get compliance fields getting shot at, getting killed. dad. If we are certain that despite their with the U.N. resolution. Every one of Why are they there? Let’s get on with courage and devotion they cannot suc- those have been met. Saddam is dead, this. This is the only rational way to ceed, then take the action the Con- there were no weapons, and Iraq is in move. stitution affords us to prevent their compliance with the U.N. All this malarkey about cutting off needless sacrifice. If we are not pre- So if one wants to be literal about it, funds—this is about the mission. pared to take that action, then let us his mission no longer has the force of Mr. President, you are leading us off do everything in our power to help law. Everyone I have spoken with, in- a cliff. Stop.

VerDate Aug 31 2005 00:18 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.003 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3081 I yield the floor. acknowledged the following when he time for President Bush to take the The ACTING PRESIDENT pro tem- said a few months ago: Iraq Study Group report down off the pore. The assistant majority leader. The crisis is political, and the ones who shelf and use it for something other Mr. DURBIN. Mr. President, it is my can stop the cycle of aggravation and blood- than a bookend. But first let me say understanding that when we allowed letting are the [Iraqi] politicians. something about the resolution that the unanimous consent request for the A few weeks ago, Ambassador we are about to consider. Senator from Arizona, it gave 5 addi- Khalilzad said in an interview on tele- There is a reason why we don’t have tional minutes to the minority. I ask vision that the congressional debate is 535 commanders in chief or 100 com- unanimous consent that the majority ‘‘useful in one way. It does send a mes- manding generals each saying: Charge have 5 additional minutes so we have sage to the Iraqis that the patience of down this street or over that hill. The equal time in this debate. the American people is running out, Founders of our country made the The ACTING PRESIDENT pro tem- and that is helpful to my diplomacy.’’ President the Commander in Chief and I wish to repeat this because there pore. Without objection, it is so or- gave to Congress the power to declare are a number of Members of this body dered. war and pay for it. That is why I will Who seeks time? The Senator from and there are a number of members of vote against this resolution and any of Michigan is recognized. the administration who have attacked the resolutions that seek to micro- Mr. LEVIN. Mr. President, next this debate as somehow or another un- manage the war. Once a war is author- Tuesday will mark the start of the dermining our troops. It is quite the ized, as this one was by a bipartisan fifth year of the war in Iraq. Our Na- opposite. We support our troops when vote of 77 to 23 in 2002, it is the Presi- tion has spent almost $400 billion now we give them our best thinking as to dent’s job to manage the war. in Iraq and is spending an average of how to succeed in Iraq. It is good for almost $9 billion in U.S. taxpayers’ our troops to have a debate in this de- As an example of why we don’t need funds per month. More importantly, we mocracy about whether a course is fail- 535 Members of Congress microman- have lost almost 3,200 American service ing or succeeding and, if it is not suc- aging the war, consider this: Since last men and women and have suffered al- ceeding, to offer our best thoughts as January, the new Democratic majority most 24,000 wounded. to how to make it succeed. has offered 17 different bills and resolu- The resolution before us is aimed at Our troops deserve everything we can tions outlining what we ought to do in turning the responsibility for the fu- give them. They haven’t gotten it. Iraq, and there will be more coming in ture of Iraq over to the Iraqis them- They deserve the best equipment. They the next few weeks, I am sure. selves. Last year, we adopted a resolu- didn’t get it. They deserve treatment I am not about to cut off funds for tion which said that calendar year 2006 when they come to our hospitals. They General Petraeus’s troops in the mid- was going to be a period of significant didn’t get it. They deserve our best dle of the current military exercise, transition to full Iraqi sovereignty thinking, our honest thoughts as to which clearly Congress has the power with Iraqi security forces taking the how we can succeed in Iraq, how can we to do but should not do. lead for the security of a free and sov- change course from a failing course to one which succeeds. I have—and each of us has—the re- ereign Iraq, thereby creating the condi- sponsibility as a Senator to say what I tions for a phased redeployment of U.S. We know there is no military solution in Iraq, there is only a political believe is the right way forward for our forces from Iraq. That was over a year country in Iraq, and my belief is this: ago. solution, and that must be achieved by the Iraqis themselves. We cannot save The President would be wise to take We were supposed to be through a down off the shelf the recommenda- year of significant transition by now. the Iraqis from themselves. It is their country. After 4 years of shedding tions of the bipartisan Baker-Hamilton It has not happened. The only way it is Iraq Study Group to develop a strategy going to happen is if this Congress American blood and American treasure, it is long overdue that the Iraqi based on those recommendations and makes it happen. leaders be told, not just by this Con- to ask Americans to accept that strat- Many of us have long maintained it egy as the right way forward in Iraq. was necessary that pressure be placed gress, although we alone apparently will do it, but by the administration on the Iraqis to come together politi- I believe the President would have that they and they alone have the re- cally because only a political settle- been wise to do that in January during sponsibility, the capability, and the ment could bring about the end of sec- his State of the Union Address. The power to make Iraq a country instead tarian violence in Iraq and the defeat country was then looking for a new of a place of civil strife. of the insurgents. way forward in Iraq. The Iraq Study This resolution we are about to em- Group, after 9 months of careful bipar- I have recounted how Ambassador bark upon will end the open-ended Khalilzad and even President Bush tisan work, offered such a plan. In- commitment of American military stead, the day after the report was an- have told me a number of statements forces that is not working. We must that many of us have made—that we nounced in December, some who want- change this course. Only the Iraqis can ed another 100,000 or 200,000 troops to should begin to reduce our presence in save their country, and we will be help- Iraq—were, indeed, useful statements, win the war said the report was a rec- ing to force them to do that. It ipe for defeat. On the other side, those useful in an effort to prod the Iraqis to shouldn’t be necessary, but it is. We reach a political settlement. who wanted the United States out of will be helping to force the Iraqi lead- Iraq immediately dismissed the report Those words—the words of President ers to save their country if we step up Bush, Ambassador Khalilzad, and reas more of the same. So the report was finally and say: We have been there put on the shelf. That is, until lately. cently Secretary Rice—words prodding longer than we were in World War II. the Iraqis to take responsibility, tell- We have been in Iraq longer than we Lately, the President’s National Se- ing the Iraqis the open-ended commit- fought the Korean war. Iraqis leaders, curity Adviser has cited the Baker- ment is over, telling the Iraqis we must only you, and you alone, can decide: Do Hamilton report as authority for the begin to reduce our presence in 4 to 6 you want a civil war or do you want a surge of troops in Baghdad, which, in months are useful words for the Iraqis nation? We hope you choose a nation. fact, on page 73, the report did say to hear. I yield the floor. might be necessary. Over the weekend, The problem is it is not the President The PRESIDING OFFICER (Mr. the United States participated in meet- who is speaking those words. The prob- WHITEHOUSE). The Senator from Ten- ings with Syria and Iran, perhaps the lem is the administration has not nessee is recognized for 10 minutes. most controversial recommendation in adopted those words as a matter of pol- Mr. ALEXANDER. Will the Chair let the report. The timetable and strategy icy. Now it is time for Congress to ex- me know when 2 minutes remain, for reducing our combat strength in plain to the Iraqis: It is your country. please. Iraq contained in the new Democratic We cannot save you from yourselves. It The PRESIDING OFFICER. The Sen- Senate resolution sounds very much is time for us, the Congress, to tell the ator will be notified. like the Iraq Study Group, calling for Iraqis as a reminder that it is their Mr. ALEXANDER. Mr. President, my combat troops to be largely withdrawn own Prime Minister, Mr. Maliki, who purpose today is to say I believe it is from Iraq by next March. But the Iraq

VerDate Aug 31 2005 02:06 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.005 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3082 CONGRESSIONAL RECORD — SENATE March 14, 2007 Study Group specifically opposed set- more troops to win the war in Iraq. Talk about micromanagement; that is ting timetables or deadlines for with- Neither will it satisfy those who want micromanagement. drawal, noting that its recommenda- all troops out on a specific timetable. That is not what our Iraq resolution tion should be ‘‘subject to unexpected But it will get United States troops does. We are laying out policy objec- developments on the ground.’’ quickly out of the combat business in tives, a changed mission, which I think At the same time, like one of the Re- Iraq and into the support business. It will enhance the ability of military publican-sponsored resolutions, the will reduce the number of American forces in the United States to do their Iraq Study Group recommended the forces in Iraq over the next year. It job and to protect our country. United States work closely with Iraq’s will leave American special forces in The Dellinger piece goes on to say, leaders to support the achievement of Iraq to go after al-Qaida and the troops ‘‘More important, the legal advisers of certain ‘‘milestones.’’ In short, if there to help guard the borders, because presidents have themselves repeatedly is any bipartisan consensus emerging there would still be a limited United recognized this congressional power. about how the United States should go States military presence. It will send a When former Chief Justice William forward in Iraq, the best blueprint of signal to the rest of the Middle East to Rehnquist was President Reagan’s that consensus can be found in the re- stay out of Iraq. It will give support to chief legal adviser in 1970, he flatly report of the Iraq Study Group. General Petraeus and his troops, who jected the all-or-nothing claim.’’ In The membership and process of the are in the midst of a surge to make Rehnquist’s words, ‘‘It is both utterly Iraq Study Group is as important as Baghdad safer. It will expand diplo- illogical and unsupported by precedent the substance of what it said. It in- matic efforts to build support for Iraqi to think Congress may not delegate a cluded some of America’s most distin- national reconciliation and sov- lesser amount of authority to conduct guished citizens from the Reagan and ereignty, including with Iraq’s neigh- military operations.’’ That is essentially what we are talk- Carter and the first Bush administra- bors. And it will recognize, or at least ing about today. We are trying to rede- tions, from the Congress, and the Su- begin to recognize, that America has fine the mission so that it is consistent preme Court. One of its former mem- done most of what it can do to help with the highest purposes of American bers is today’s Secretary of Defense. It Iraq. As Prime Minister Tony Blair has was ideologically and politically di- national strategy. This mission would, said, it is time for the next chapters in first, recognize we have to protect our verse. The group spent 9 months, met 9 Iraq’s history to largely be written by times, including a trip to Baghdad, forces, giving the Commander in Chief the Iraqis themselves. broad discretion in protecting those interviewed 171 individuals, and made Finally, this course will recognize forces; second, that we have an ongoing 79 specific recommendations. that while the United States can and obligation to help train Iraqi security Its assessment of the ‘‘dire’’ current should be a shining example of democ- forces, which is absolutely critical; conditions in Iraq was honest and racy, and while the United States does and, third, that we have the ongoing sober. It didn’t shy away from bad have the mightiest military force in obligation to go after the terrorists news—that 79 percent of Iraqis have a the world, a conservative view of mostly negative view of United States wherever they may be. We did this in human nature and our own national in- Somalia a few weeks ago when we had influence in their country; that 2,900 terest places limits on what we can do Americans at that time had been information of al-Qaida operatives. We to make it possible for others to adopt had much cooperation on the ground killed, with another 21,000 wounded; our democracy and to adopt our way of and we went in there. That is the same that we had spent roughly $400 billion, life. option we must pursue in Iraq and and that estimates run as high as $2 Mr. President, I yield the floor. every place else. These are the three trillion on this war. The group ac- Mr. REED. Mr. President, I rise to missions that are most consistent and knowledged its recommendations express my strong support for the most important to our national strat- weren’t perfect, but were the best op- United States policy in Iraq Resolution egy. tions. of 2007. I think it represents a sound Also, this resolution begins a phased As much as America needs a new policy and strategy that will help us redeployment; not a rigid, inflexible strategy in Iraq, we also need a con- achieve our objectives not only in Iraq timetable, but starting a date where we sensus in support of that strategy. To but in the region, and not only in the begin to pull out combat forces, leav- put it bluntly, a majority of the Amer- region but across the globe. ing, of course, forces to carry on this Let me first begin by saying I have ican people do not now have confidence mission of training Iraqi security heard many of the opponents suggest in the President’s course in Iraq. The forces, going after the terrorists, and Iraq Study Group offered the President this Senate has but one choice: either protecting our own forces. Our goal, an opportunity to say, okay, here is a to cut off funding or to allow the Presi- and it is strictly a goal, is that these different approach suggested by a bi- dent to continue to pursue any policy combat brigades should be out of the partisan group of distinguished Ameri- he feels is appropriate. That is a false country, we hope, by March of 2008. cans. It is not my strategy, it is theirs. choice, similar to the false choice the This is a policy that I think will The President could say, I accept it, President presented to this Senate in work, a policy that will be supported and for the good of our country and the 2002 and 2003. That choice was that we by the American people, and a policy Armed Forces fighting for it, I ask you could either invade Iraq or step back that will encourage, I think, the polit- to accept it. and watch them morph into a much ical solution that is necessary. As ev- Such a statement would not exhibit more serious threat. In fact, there were eryone has noted, the answer to Iraq is Presidential weakness. That would be diplomatic options. There was the pos- not going to be achieved by military Presidential leadership, recognizing sibility of effectively using U.N. in- means. It will be achieved by political that the President’s job is not only to spectors. So I don’t think we should en- means. General Petraeus has said that. choose the right strategy but to suc- gage in discussions of false choices. We These are his words: ‘‘There is no mili- cessfully persuade at least half the peo- have the authority constitutionally to tary solution to a problem like that in ple he is right. The President still has adopt policies, to shape what the Presi- Iraq, to the insurgency of Iraq.’’ this option before him. I respectfully dent does, and that is the essence of We have to have, and this resolution suggest he would be wise to exercise it this resolution. calls for, the application of diplomatic today, this week. Come back to Con- Just today, the New York Times’ power, support for the creation of func- gress, report on the progress of the last Walter Dellinger and Christopher tioning institutions in Iraq that can few weeks in Iraq, invite the Iraq Schroeder wrote an op-ed piece which provide both the kind of political Study Group members to sit in the gal- bears on this point. They say the Su- progress and economic progress these lery, compliment their work, accept preme Court has long recognized people demand, tangible signs that their recommendations, and ask the Congress’s authority to set limits on their Government will function. That Congress and the country to also ac- the President’s military power, as in is what we are encouraging and direct- cept their recommendations. 1799, when it accepted Congress’s power ing in this policy. Now, this course won’t satisfy those to authorize the seizure of ships going This policy makes sense and it is well who want another 100,000 or 200,000 to but not coming from French ports. within not only the obligation of this

VerDate Aug 31 2005 00:18 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.007 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3083 Congress but the constitutional power weapons of mass destruction never ex- fine job they have done. We cannot of this Congress. isted, and there is no question about blame them if the mission has been Mr. President, I request an additional complying with the United Nations res- lost over the last 4 years. They had 1 minute to be yielded from the time of olutions. nothing to do with that. But we can the leader. So the obvious question is: By what make it clear that our future mission The PRESIDING OFFICER. Without authority is America still there? By is going to be one we can define pre- objection, it is so ordered. what authority do 150,000 Americans cisely: to stop terrorism, to train the Mr. REED. Mr. President, what the now risk their lives while we stand in Iraqis so they can defend themselves, President is suggesting to us, his pol- the safety of this Chamber? and to protect our own troops. Those icy, is more of the same for a much This resolution seeks to define our are clear missions. longer period of time. As we all know, mission today in realistic terms. If the For those who resist this resolution, recently General Odierno suggested President had come to Congress 4 years the obvious question is this: What do this surge is probably going to last not ago and said, I want the authority to you think our mission is today? Is it until the end of this year but into next send American troops into the middle simply to send more and more troops year, and probably into the following of a civil war in Iraq, a war that has into harm’s way, that they would risk year. That is putting a huge strain on been brewing for 14 centuries between their lives? I think not. our troops. warring Islamic factions; I want Amer- For those who argue that we are I think also we have to recognize our ican soldiers on the street risking their micromanaging the war, I guess my focus in Iraq, our preoccupation with lives every day until the Iraqis resolve question for them is, isn’t it time that Iraq, is inhibiting our strategic flexi- this age-old dispute, do you think we somebody managed this war? Isn’t it bility across the globe. It has enhanced would have approved that authoriza- time, when it came to troops and mis- the relative power of Iran, ironically, tion of the use of American force? Of sion and equipment, that we clearly and it has caused us, belatedly, to course not. It would have been pure had a management plan that our begin serious negotiations with North folly. troops deserve? Korea, which might be a profitable and Sadly, the situation today has no For those who argue that we are cut- progressive thing to do, but the focus clear mission, and that is the reason ting off funding, they have not read the on Iraq is serious. for this resolution. This resolution resolution. We are not cutting a penny Let me tell you, one of the most in- makes it clear the Iraq Study Group, from the troops and the money that teresting comments that I have heard Democrats and Republicans, men and they need to come home safely. But we is when I asked Admiral McConnell, women who served our country so well are saying that our mission has to be the head of our intelligence establish- in public service, would have a chance clear and our troops have to come ment, where is the most likely threat to step forward and come up with a home. coming from, engaging in an attack on plan that makes sense for America to I urge my colleagues on both sides of the United States, Pakistan or Iraq? start coming home, and that is what the aisle to support what the American He answered quite quickly: Pakistan. this resolution says. people want, the redeployment of our We have to change our policy. This The PRESIDING OFFICER. The Sen- fine troops back to America. resolution will do that, and I urge its ator has 30 seconds remaining. The PRESIDING OFFICER. The time support. Mr. DURBIN. Who wants America to of the Senator has expired. The Repub- Mr. DURBIN. Mr. President, how come home at this point? The Amer- lican leader is recognized. much time remains on our side? ican people do. The Iraqi people want Mr. MCCONNELL. Mr. President, The PRESIDING OFFICER. There is us to leave. In fact, the Iraqi leadership today Senate Republicans will agree to 5 minutes 15 seconds. has said it is time for us to start with- move to debate on an important ques- Mr. DURBIN. Mr. President, I ask drawing our troops. The resistance to tion, and that question is this: Should that you notify me when there are 21⁄2 bringing our troops home comes from a majority of Senators direct activities minutes remaining. the other side of the aisle and from the in the war in Iraq? Republicans are The PRESIDING OFFICER. Without White House. They believe we need eager to engage in this debate on the objection, it is so ordered. more troops. Reid resolution because it is different Mr. DURBIN. Mr. President, the How often will America respond when in kind from any of the previous Demo- question is: What is our duty? We know the Iraqis pick up the phone and dial 9– cratic proposals—very, very different. what the duty of our soldiers will be 1-1 to send another 20,000 of our best It is unprecedented in the powers it when they raise their hand and take an and bravest to go into battle? It is time would arrogate to Congress in a time of oath to serve our country. They agree for the Iraqis to stand and defend their war. It is a clear statement of retreat— to risk their lives for America. They own country. It is time for the Amer- a clear statement of retreat from the follow orders. They follow the lead of ican forces to start to come home. It is support that the Senate only recently their commanders. They march into time for us to acknowledge that they gave to GEN David Petraeus, and its battle. Some come home and some do have done their job and done it well. passage would be absolutely fatal to not. But what is the duty of the Con- We have lost almost 3,200 American our mission in Iraq. gress? What is our responsibility when lives; 24,000 have been injured. We Previous resolutions proposed by the it comes to war? know among those injured many have Democrats were a mere statement of First, of course, was the authoriza- not been greeted as they should have opinion or of sentiment. This one has a tion for the use of force. President been. They have been sent to flophouse binding quality. It would interfere with Bush came to us and said, I want to rooms at Walter Reed’s Building 18. the President and General Petraeus’s have the authority to invade Iraq for They have been pushed through the bu- operational authority to conduct the three reasons: No. 1, to get rid of the reaucracy of the Veterans’ Administra- war in Iraq as he and his commanders dictator Saddam Hussein; No. 2, to de- tion. For those who say they support see fit. It would substitute for their stroy weapons of mass destruction; and our troops, they will have a chance to judgment the judgment of 535 Members No. 3, to make sure the country lives prove it soon, as we start trying to put of Congress. up to the requirements of the United the resources we need into the military The judgment they have made in Nations resolutions. and VA, to help our troops as they re- this, that Iraq is simply a distraction Many of us felt at the time that turn. on the Global War on terror and that America was being misled about the This resolution is an opportunity for U.S. troops should begin to withdraw real danger in Iraq. Some of us, some 23 this Congress to speak to the reality of in months, with all combat forces leav- Senators, voted against the authoriza- what is going on in Iraq today, and the ing within a year—that is the judg- tion of force back in October of 2002. reality suggests that it is time for ment that the Reid proposal makes. But as we take a look at that scene in American forces to start to come This is the memo that our enemies Iraq today, we realize that all three of home; not more forces in harm’s way have been waiting for. Osama bin those things have been accomplished. but more forces coming home to be Laden and his followers have repeat- Saddam Hussein no longer exists, greeted by us, as Americans, for the edly said that the United States does

VerDate Aug 31 2005 00:18 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.008 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3084 CONGRESSIONAL RECORD — SENATE March 14, 2007 not have the stomach for a long fight to shake the confidence of the people and to troops and the American people. Presi- with the terrorists. Passage of the Reid convince the world that this effort is dent Bush did not go to war with joint resolution will be the first con- doomed. We must not underestimate them. enough military on the ground. We all crete sign since September 11, 2001, Together with our Iraqi partners, we must know that. President Bush didn’t have defeat those who oppose the new Iraq. We that he was right on target. cannot allow mass murderers to hold the ini- a plan to win the peace, much less the Timetables are bad, but don’t just tiative. We must strike them relentlessly. war. President Bush surrounded him- take my word for it. Speaking at the We and our Iraqi partners must set the terms self with yes-men, who told him what National Press Club in 2005, my good of the struggle, not our enemies. And to- he wanted to hear, what he needed to friend, the majority leader himself, gether, we must prevail. hear. To this day, President Bush lacks said this: That is General Petraeus just re- a plan to complete the mission so our As for setting a timeline, as we learned in cently. These are the words of the man troops can come home. His current the Balkans, that’s not a wise decision, be- this body sent to Iraq unanimously. strategy of more of the same is not cause it only empowers those who don’t want They are the words of a military com- working. us there, and it doesn’t work well to do that. mander, confident yet realistic and Five years into the war in Iraq the Six months after the majority leader committed above all to victory. This is mission has changed but the Bush pol- made that observation, the chairman the voice of courage and resolve in the icy has not changed. Saddam is gone, of the Foreign Relations Committee, face of danger. We do best to listen to long gone. There are no weapons of Senator BIDEN, said this: voices such as this, which speak of vic- mass destruction; there never were. A deadline for pulling out . . . will only en- tory rather than defeat and with- Iraq is in chaos. There is no stability in courage our enemies to wait us out. . . . [It Iraq. U.S. troops are policing a pro- would be] a Lebanon in 1985, and God knows drawal. We owe it to him, his soldiers, where it would go from there. our allies and the world. tracted civil war, not hunting and killing terrorists who attacked us on Sep- That was our friend, JOE BIDEN, the Republicans are ready for this de- chairman of the Foreign Relations bate. tember 11, 2001. The original mission no longer exists. Committee. I have some more time, I gather? Yet President Bush wants to stay the Shortly after Senator BIDEN’s obser- The PRESIDING OFFICER. The Sen- same—the same—failed course, to vation, Senator CLINTON made the ator has a little over 6 minutes remain- same point, just 3 months after that: ing. surge toward more of the same, to sus- Mr. MCCONNELL I yield back that I don’t believe it’s smart to set a date for tain more failure. withdrawal. time. Today, the Senate must finally send The PRESIDING OFFICER. The ma- a clear message to the Commander in Said Senator CLINTON: jority leader is recognized. Chief, President Bush. That message is: I don’t think you should ever telegraph Mr. REID. Mr. President, in life you your intentions to the enemy so they can It is time for a new way forward. await you. can’t stand still. You either go forward Change course, Mr. President. The way or backward. If it were not such a seri- That is the majority leader, the to succeed in Iraq is not more of the chairman of the Foreign Relations ous matter—and it is a serious mat- same; it is to change the mission and Committee, and a prominent Demo- ter—to have the Republican leader go change the course. Our country must cratic candidate for President, all on back to a statement that I made 5 have a surge, but that surge must not the wisdom of what this Reid proposal years ago is what is wrong with the Re- be a military surge. There must be es- proposes to do, just a short time back. publicans in this debate. Things have calation in our diplomacy. Surely Senators REID, BIDEN, and to change. Things change. You can’t This is the message the American CLINTON have not changed their minds stand still. You either go forward or people delivered to Congress on Novem- about who would benefit the most— backward. To take a statement that I ber 7, 2006. This is the message we must who would benefit the most if we set a made 5 years ago and think that things send President Bush again today. date certain for withdrawal. They haven’t changed in 5 years is without In just a few moments, we will have know just as well as I do that this is any degree of sensibility. another cloture vote. I urge my col- just what the terrorists have been In just a few days our country will leagues to vote to allow the debate to waiting for and just what our allies in mark a solemn anniversary: the begin- proceed and then vote to change the Iraq and the entire region of the world ning of the fifth year of a war that has course. Vote for the resolution. Voting have feared. raged in faraway Iraq. For the fifth no today is voting to greenlight the Setting a date certain for withdrawal year, this war has taken a tremendous same failed course in Iraq. Voting no will send a chill up the spine of every toll on our country, our troops, their today is an endorsement of 5 years of Iraqi who has dared to stand with families, and our standing in the world. failed policy. Voting no today is an en- America. Millions of good men and Mr. President, 3,200 Americans, sol- dorsement of America’s continuing oc- women have helped us in this fight. diers, airmen, sailors, and marines cupation of Iraq. Voting no today is a Since we arrived in Iraq, nearly 120,000 have been killed in Iraq. We have seen vote to support President Bush main- Iraqis have volunteered to serve in tens of thousands of our best wound- taining an open-ended commitment to their Army. More than 8,000 Iraqis have ed—men and women who have come keep U.S. troops in the middle of an died in uniform to defend the fledgling home to a health care system unpre- Iraqi civil war. democracy over there. And, recently, pared and ill-equipped to take care of But a ‘‘yes’’ vote on cloture and on in Anbar Province, we are told that them. the resolution—and a vote for the reso- roughly 1,000 Sunnis volunteered for a Our Army has been stretched dan- lution—is a vote of hope, hope that police force over a couple of weeks. gerously thin. Our Treasury has been after 4 years in this war we can finally These brave men and women are spending, week after bloody week, $2 begin to have the Iraqis control their watching what we do. They know, as billion, each week; $2 billion each own destiny, their own future. We can we do, that chaos will engulf Iraq and week. tell President Bush to change course, the rest of the region on that day. They Despite these tremendous costs, de- redeploy our troops, bring in Iraq’s know they and their families will like- spite these great sacrifices, despite the neighbors, and revitalize reconstruc- ly face a firing squad soon after we opposition to this war, Iraq continues tion efforts that have failed, that have leave. The message we send them with to spiral out of control. In February, fallen woefully short. this resolution is this: Good luck. attacks in Iraq increased dramatically. Five years into the war, is it not the General Petraeus understands the Three American soldiers and 100 Iraqis time for a new direction? The answer is importance of the mission in Iraq and died every day—every day in February. yes, and that direction starts by voting his new mission to secure Baghdad. In In March it seems it is going to be just yes on this next vote. a recent letter to the soldiers under his as bad. Our overburdened troops, in- I yield back my time. command, he wrote as follows—General cluding hundreds of Nevadans, have CLOTURE MOTION Petraeus said: done everything asked of them and The PRESIDING OFFICER. Under The enemies of Iraq will shrink at no act, more. It is their political leaders at the previous order and pursuant to rule however barbaric. They will do all they can home who have failed—who failed our XXII, the Chair lays before the Senate

VerDate Aug 31 2005 02:06 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.011 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3085 the pending cloture motion, which the Three-fifths of the Senators duly cho- the continuation of this war not going clerk will report. sen and sworn having voted in the af- to end sectarian and insurgent vio- The legislative clerk read as follows: firmative, the motion is agreed to. lence, it puts off the day when we de- CLOTURE MOTION The Senator from Wisconsin is recog- velop a comprehensive strategy for We, the undersigned Senators, in accord- nized. Iraq that is sustainable, and that fits ance with the provisions of rule XXII of the Mr. FEINGOLD. Madam President, I squarely within the larger struggle of Standing Rules of the Senate, hereby move am pleased the Senate has voted to fighting al-Qaida. to bring to a close the debate on the motion allow debate on the Iraq war to go for- As long as the President’s policies to proceed to Calendar No. 72, S.J. Res. 9, to ward. It is far past time we had this continue, our troops will continue to revise the United States policy on Iraq. important debate. It is far past time we put their lives on the line, our con- Harry Reid, Carl Levin, Dick Durbin, brought our involvement in this mis- stituents will continue putting billions Byron L. Dorgan, Robert P. Casey, Jr., Barbara C. Boxer, Edward M. Kennedy, guided war to a close. of their dollars into this war, our mili- Patrick Leahy, Jay Rockefeller, Patty Under the strong leadership of Sen- tary readiness will continue to erode, Murray, Jack Reed, Debbie Stabenow, ator REID, the Democratic caucus has our Guard and Reserve members will H.R. Clinton, Jeff Bingaman, B.A. Mi- produced a joint resolution that takes continue to face heavy burdens, and kulski, Ben Cardin, Robert Menendez. a significant step toward ending our in- our ability to respond to an array of The PRESIDING OFFICER. By unan- volvement in the war in Iraq. I support national security challenges will con- imous consent, the mandatory quorum the resolution, and I hope my col- tinue to suffer a great deal. From So- call has been waived. leagues will do the same. malia to Afghanistan to the ongoing The question is, Is it the sense of the The resolution does not go as far as I fight against al-Qaida, we face threats Senate that debate on the motion to would like. I continue to believe the and challenges that require serious at- proceed to S.J. Res 9, a joint resolution only way we are ultimately going to tention and resources. Right now, far to revise United States policy on Iraq, end the President’s failed policies in too much of both are being spent on a shall be brought to a close? Iraq is by exercising Congress’s power single country. It is this singleminded The yeas and nays are required under of the purse to safely bring our troops and self-defeating policy that needs to the rule. out of Iraq. I have introduced legisla- end, and it is up to Congress to do so. The clerk will call the roll. tion that would do that, and I will con- Time and again, the President has The assistant journal clerk called the tinue to look for every opportunity to made it clear that nothing—not the roll. bring up my bill for a vote. wishes of the American people, not the Mr. DURBIN. I announce that the I will support this resolution because advice of military and foreign policy Senator from Washington (Ms. CANT- it avoids the mistakes of previous pro- experts, not the concerns of Members WELL) and the Senator from South Da- posals to address Iraq. It does not allow of both parties—will dissuade him from kota (Mr. JOHNSON) are necessarily ab- the President’s misguided policies to pursuing policies in Iraq that are not sent. continue. It does not tacitly reauthor- working. Faced with a clear mandate I further announce that, if present ize the war. It does not focus solely on from the voters last November, the and voting, the Senator from Wash- the so-called surge. This is binding leg- President just stalled for time, and ington (Ms. CANTWELL) would vote islation that would bring to an end our then he announced not just a continu- ‘‘yea.’’ involvement in perhaps the greatest ation but an escalation of his policy. The PRESIDING OFFICER (Ms. foreign policy mistake in our country’s So Congress cannot wait for the Presi- KLOBUCHAR). Are there any other Sen- history. dent to change course. We need to ators in the Chamber desiring to vote? Some of my colleagues continue to change the course ourselves. The yeas and nays resulted—yeas 89, argue that Congress should defer to the This resolution recognizes, and acts nays 9, as follows: Commander in Chief when it comes to on, that reality. It would effectively [Rollcall Vote No. 74 Leg.] Iraq, that we should give him the op- terminate the misguided resolution au- portunity to change course in Iraq or thorizing force in Iraq, while allowing YEAS—89 that we should allow his escalation a minimal number of troops to remain Akaka Ensign Murkowski Alexander Feingold Murray plan a chance to succeed. Those argu- to perform very limited functions: pro- Baucus Feinstein Nelson (FL) ments ignore our congressional respon- tecting personnel and infrastructure, Bayh Graham Nelson (NE) sibilities. training and equipping Iraqi forces, and Bennett Grassley Obama Mr. ROBERTS. Madam President, conducting certain targeted counter- Biden Gregg Pryor would the Senator yield for a question? terrorism operations. The latter provi- Bingaman Hagel Reed Boxer Harkin Reid Mr. FEINGOLD. Madam President, at sion is a particular priority of mine, Brown Hutchison Roberts the conclusion of my remarks, I would which is why my original legislation Brownback Inouye Rockefeller be happy to yield. Burr Isakson includes exactly the same language. Salazar Byrd Kennedy Congress authorized this war, and it Clearly, the United States has an on- Sanders Cardin Kerry is in our power to bring it to a close. Schumer going role to play in addressing the Carper Klobuchar Sessions More importantly, we have not just the terrorist threat in Iraq. While Iraq was Casey Kohl Chambliss Kyl Shelby power but the responsibility to end a not a hotbed of terrorism before the Clinton Landrieu Smith war that is draining vital national se- President led us to war in that coun- Cochran Lautenberg Snowe curity resources in pursuit of a goal try, al-Qaida and its allies are trying Specter Coleman Leahy that cannot be achieved militarily. to use the anger and frustrations un- Collins Levin Stabenow Conrad Lieberman Stevens The political problems that are driv- leashed by that war to their advantage. Corker Lincoln Sununu ing much of the insurgency and sec- Like Afghanistan and Somalia, Iraq Cornyn Lott Tester tarian strife in Iraq are tragic and im- will need to be closely monitored to en- Craig Lugar Thune Crapo Martinez Vitter portant. They require the attention of sure that it does not become a failed Dodd McCain Voinovich U.S. policymakers. They do not restate and a breeding ground for ter- Dole McCaskill Warner quire—in fact, they cannot be solved rorism, and we must be prepared to Domenici McConnell Webb by—a massive and indefinite U.S. mili- pursue targeted missions to take out Dorgan Menendez Whitehouse Durbin Mikulski Wyden tary presence in Iraq. terrorists. Some of my colleagues raise the But maintaining 140,000 U.S. troops NAYS—9 specter of dire consequences if we rede- in Iraq is not the way to defeat al- Allard Coburn Hatch ploy U.S. forces from Iraq. That is pre- Qaida. Military operations of any size Bond DeMint Inhofe Bunning Enzi Thomas cisely why we need a strategic ap- will only succeed if they are combined proach to redeployment, one that ad- with other measures—including diplo- NOT VOTING—2 dresses ongoing instability and other matic, economic, and intelligence Cantwell Johnson threats, with our intelligence, diplo- measures—as part of a comprehensive The PRESIDING OFFICER. On this matic, economic and, in a limited man- strategy for defeating the terrorists vote, the yeas are 89, the nays are 9. ner, military capabilities. Not only is who threaten our country. Al-Qaida is

VerDate Aug 31 2005 00:18 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.013 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3086 CONGRESSIONAL RECORD — SENATE March 14, 2007 not a one-country franchise; it is a marks and, as I note, the press gallery sas, first of all, for his kind words and global threat that requires a global re- and the world will little note nor long for listening to my speech and for sponse. remember our colloquy, perhaps, I wish being present to do so. He has endan- The Reid resolution would require to congratulate him for his forthright- gered himself politically by saying the President to begin redeploying ness and his candor and his conviction. kind words about me and my resolu- combat forces not essential to the The Senator and I have talked about tion in front of some groups who may three limited functions I just men- the situation and about the need for find that a little strange. But I do tioned within 120 days, with a goal of full debate in regard to our national se- enjoy working with him, and I espe- finishing redeployment by the end of curity and the war in Iraq, and I had cially enjoyed working with him when March 2008. While I support a faster re- hoped his resolution would be agreed to he was the chairman of the Intelligence deployment with a firm deadline, these during the last—or the previous at- Committee. provisions are, in fact, binding and tempt when we only had one resolution I, of course, want to do exactly what would make clear that the President’s and that was it. I had asked at that the Senator from Kansas has said. I commitment to an open-ended, massive particular time, in a very similar situ- want to have a debate and a vote on military mission in Iraq is over. That ation—I was making a speech, and the the approach I have suggested. As I is what the American people want, and Chamber was empty, and so I can just indicated in my remarks, I believe that is what this Congress should en- empathize with that. But my com- that is the next thing which needs to sure. ments were that we should consider the happen after we have this debate. Regardless of what happens this McCain amendment with the bench- Just so the record is clear, though, week, I believe the introduction of this marks, the Gregg amendment, and Sen- the Democrats have agreed to vote on resolution, with the cosponsorship of ator FEINGOLD’s, because his is very S.J. Res. 9 and the McCain amendment some 41 Senators, represents a signifi- forthright. It is very clear and very un- and the Gregg amendment and the cant step toward ending the war. The derstandable. Now, I would not vote for Warner resolution, as well as the Reid overwhelming majority of Democrats it, but I respect the Senator’s opinion, resolution. So the Republicans objected are saying that the war must come to and I respect his candor. to that. a close and that they are prepared to The Senator has been a member, a Mr. ROBERTS. Why not the Feingold take binding steps to do just that. The valuable member of the Intelligence resolution? Mr. FEINGOLD. I would like to do question each of us will face as this de- Committee. I had the privilege of being that, but I think probably the appro- bate continues is how to best end our the chairman of that committee. I priate place to do that is the supple- involvement in the war and redeploy think I am the longest serving Senator on the Intelligence Committee up to mental. our troops. Mr. ROBERTS. Madam President, if I look forward to the opportunity to this point—10 years. It is tough work. the Senator would continue to yield, offer an amendment to the upcoming There are a lot of times I disagreed with the Senator, but the Senator is an what if I ask unanimous consent that supplemental that would actually use the Senator’s amendment be made in Congress’s appropriations power to re- extremely valuable member of the In- telligence Committee. Upon learning order? quire the safe redeployment of our Mr. FEINGOLD. I would object on be- troops. While I do not agree with much all of the intelligence from the 19 different agencies that comprise the com- half of the leadership because I agreed of what has been said by those in this that this should be the next step and body who continue to defend a disas- munity, he has developed a very strong opinion. I respect that. That is what we we should take up this resolution. trous war, they are right about one I say to the Senator from Kansas, point: If we are serious about opposing should be doing. We should be having a full debate. I hope in voting to proceed this resolution before us, the Reid reso- the war, we must be serious about end- that we at least get that full debate. lution, makes perfect sense. What it ing funding for the war. I would say to the Senator, one of my does is it says: Look, we no longer be- I am pleased the Senate has voted to best friends is General Petraeus, who lieve the authorization that was given allow debate on the Reid resolution to used to be the commanding general at in 2002 makes sense, and it severely go forward. Unfortunately, however, Fort Leavenworth, at the Intellectual limits that resolution and moves us in some in this body continue to make ar- Center of the Army, and he wrote the the right direction. So I think that is guments that undermine the ability of counterterrorism manual for the the proper step. The supplemental bill Congress to have a serious discussion Army. He just finished it. We talked a is about to come up. I think that is the about the Iraq war. They fail to recog- lot about the British experience in re- right place, given that it has to do with nize that this body has an obligation to gards to what happened at that par- funding, for the type of amendment I address the most pressing issue facing ticular time in Iraq. It is unique, it have suggested. So I would object on the country today and respond to the seems to me, because what the Senator behalf of the leadership. overwhelming sentiment of our con- wants to do follows the same time pe- But I do look forward very much to stituents. They purport to defend the riod General Petraeus wants to inform the day not only when we debate this President’s prerogatives and the mous as to whether we are making any but when I persuade you that it is a rale and well-being of our troops, but progress and if we can achieve stability good idea that we cut off the funding in their rhetoric has the effect of trying in Iraq, and that is a mighty big ‘‘if.’’ order to bring the troops safely home— to stifle open and honest debate. I think by the summer at least, if we which, by the way, is what we did—and While I cannot speak for the Presi- are not making progress, at that par- I assume Senator ROBERTS was in- dent, I am confident our troops, and ticular time we are going to have to go volved in this as well—with Somalia. our constituents, are ready for this de- to a policy of containment as opposed The Senator remembers ‘‘Black Hawk bate. They know that in a democracy to intervention, as the Senator has Down.’’ He knows it well. We lost 18 such as ours, discussion of major for- suggested. How we do that, I am not people. We decided: This isn’t working eign policy issues can and should be quite sure. We haven’t had that debate out. This isn’t a good idea. What did conducted openly. So I am glad the on the Senate floor. the Senate do? It passed legislation Senate is beginning such a discussion Now, this Senator, Mr. FEINGOLD, has that said by a certain date we will no today, and I will continue pushing this called for that debate, and that is what longer fund this military mission, but body to finally bring to a close our in- we should be debating. It calls for a lot it gave plenty of time to get the troops volvement in a war that has been a dis- of different opinions. out, and they got out successfully. aster on so many fronts. So I congratulate the Senator. I That is the nature of what I propose to Madam President, I am now happy to thank him for his candor. I thank him do with an amendment on the supple- yield for a question to the Senator for being forthright. I wish we could mental. from Kansas. vote on the Senator’s resolution this Mr. ROBERTS. If the Senator will Mr. ROBERTS. Madam President, I time around. Does the Senator think continue to yield for a question, you was just going to ask the distinguished that is even possible? are talking about step 2. Step 1 is being Senator if he would yield. While I can’t Mr. FEINGOLD. Madam President, I considered, and your specific resolution associate myself with all of his re- wish to thank the Senator from Kan- would be step 2 on the supplemental.

VerDate Aug 31 2005 00:18 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.015 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3087 Mr. FEINGOLD. Step 1 was our vote The legislative clerk proceeded to In his struggle against U.S. impe- here in this body and in the House to call the roll. rialism, President Chavez has found a say that the surge was unwise, and a Mrs. HUTCHISON. Madam President, useful ally in the world’s largest state majority did vote for that here, as well I ask unanimous consent that the order sponsor of terrorism, the Government as in the House. This is step 2. This for the quorum call be rescinded. of Iran. He is one of the few leaders in says that the fundamental The PRESIDING OFFICER. Without the world to publicly support Iran’s nu- underpinnings of this mistake should objection, it is so ordered. clear weapons program. The Iranian be reversed, that the resolution author- Mrs. HUTCHISON. Madam President, mullahs have rewarded Mr. Chavez’s izing force in Iraq should be reversed. I ask unanimous consent that I be al- friendship with lucrative contracts, in- Yes, step 3, in my view, would be say- lowed to speak for up to 10 minutes as cluding the transfer of Iranian profes- ing—to enforce it. Since the President in morning business. sionals and technologies to Venezuela. won’t listen to us, we need to turn to The PRESIDING OFFICER. Without Last month, President Chavez and the ultimate power, the one the Sen- objection, it is so ordered. Iranian President Mahmud Ahmadi- ator from Kansas and I both agree is LATIN AMERICA Nejad revealed plans for a $2 billion the appropriate power in this situation; Mrs. HUTCHISON. Madam President, joint fund—$2 billion—part of which that is, whether to use the power of the I rise today to talk about Latin Amer- they say will be used as a ‘‘mechanism purse to remove funding. ica. I think this has been highlighted for liberation’’ against American al- Mr. ROBERTS. So if the Senator will by the President’s trip there and the lies. continue to yield, we are on step 3 focus the President is putting on Latin This could help achieve the vision until we get to your resolution? America. that Mr. Chavez has stated: Mr. FEINGOLD. We are on step 2. It is so important that we not forget Let’s save the human race; let’s finish off Mr. ROBERTS. It would be step 3 be- our own hemisphere and some of the the U.S. empire. fore you would think it would be appro- problems we are facing in our hemi- Mr. Chavez has grown bolder by sphere. priate to consider your resolution? interfering in the elections of several President Bush, of course, is in Mex- Mr. FEINGOLD. I think we would be Latin American countries and his own best to do it on the supplemental. That ico right now. He is holding discussions with Mexican President Calderone. Im- brand of politics has made some gains. seems to be the appropriate vehicle. Bolivia’s newly elected President, Mr. ROBERTS. I have got it. I just migration, reducing poverty, fighting Evo Morales, has nationalized the en- want to make clear, understandably, I drugs, and strengthening our economic ergy industry, rewritten the Constitu- would probably vote no—well, not relationship are all items on the agen- tion, and promised to work with Mr. probably—I would vote no on the reso- da. This is the President’s final stop on Chavez and Fidel Castro to perform an lution. But again, the thing that dis- a five-nation trip that included Brazil, ‘‘axis of good’’ to oppose the United turbs me is when we get to the what- Uruguay, Columbia, and Guatemala. But the President of Venezuela, Hugo States. ifs. What if we pass your resolution? The former Soviet client, Daniel Or- What if we pass somebody else’s resolu- Chavez, has been conducting his own tega, has returned to the Presidency of tion? What happens if we get the troops tour, deliberately instigating protests Nicaragua. During the 1980s, Mr. Or- out? Hopefully they would not be in a and riots to disrupt the President’s tega ruled his country with an iron fist situation where we have to send them peaceful mission. until U.S.-backed freedom fighters back. The what-ifs on what happens to It is very important that we focus on ousted him from power. Nicaragua’s de- us, which you have discussed in a rare Mr. Chavez and what is happening in mocracy prospered for the next 16 discussion on the floor, we haven’t South America because it will affect years, but now he’s back. talked about that. the stability of our whole hemisphere. In response to the Ortega victory, Mr. FEINGOLD. We need to get to The problem starts in Venezuela, a Hugo Chavez said: that. nation which once enjoyed 50 years of Mr. ROBERTS. We have an honest democratic traditions but now is in the Long live the Sandinista revolution. difference of opinion, but we have not early stages of a dictatorship. Last Then, in his first week as President, talked about that. That is the whole month, elected representatives in Ven- Mr. Ortega met with President point I am trying to make, that at ezuela abdicated their responsibility Ahmadi-Nejad from Iran and told the least the Senator is trying to force the and gave the Venezuelan leader sweep- press that Nicaragua and Iran share issue in making his point, and let no- ing power to rule for 18 months to be common interests and have common body say that they challenge your pa- able to impose economic, social, and enemies. triotism or your intent or whatever. I political change. These dictatorial Left unchecked, Presidents Ahmadi- know there is a lot of rhetoric flying powers would be alarming in anyone’s Nejad and Chavez could be the Khru- around. I don’t agree with that at all. hands but particularly dangerous in shchev-Castro tandem of the early 21st I think this debate ought to take place, the hands of Hugo Chavez. century, funneling arms, money, and and this debate is not taking place. So This strong man rules an oil-rich na- propaganda to Latin America, endan- thank you to the Senator. And I don’t tion that exports 1.1 million barrels of gering that region’s fragile democ- think I have endangered—well, maybe I oil to the United States per day, rough- racies and volatile economies. If these have—my reputation just a little. ly equivalent to what we import from two succeed, the next terrorist training Mr. FEINGOLD. I think the Senator Saudi Arabia. President Chavez has al- camp could shift from the Middle East from Kansas is on shaky ground with ready colluded with other OPEC na- to America’s doorstep. We need to face some people now. But I think the Sen- tions to raise oil prices, and when he reality. We need to confront this threat ator from Kansas should know that we nationalizes multibillion dollar crude head on. are essentially in the heat of agree- oil projects, that is going to make the At the pinnacle of the Cold War, ment here; the only question is the prices rise again. This could have a se- President Reagan seized the initiative order in which it should happen. The vere impact on the pocketbooks of and repulsed Soviet efforts to set up exact questions the Senator has dis- American families. According to some camp, in our hemisphere, with Cuba. cussed should be debated in the Senate. economists, every time oil prices rise We should follow that lead. We should I hope they are debated soon. Guess by 10 percent, 150,000 Americans lose dust off the Cold War play book and be- what. We just had a debate, so we are their jobs. come active in helping our friends to having a debate, and this is the begin- Mr. Chavez has used his nation’s the south. ning, and we will continue it. windfall oil profits to buy political sup- Specifically, we should adopt a three- Mr. ROBERTS. I thank the Senator. port at home and to stir trouble pronged approach: Energy independ- Mr. FEINGOLD. I thank the Senator abroad. He says Venezuela has a ence would be No. 1. We should con- from Kansas, and I thank the Chair. I ‘‘strong oil card to play on the geo- front the Chavez threat head on by re- yield the floor, and I suggest the ab- political stage’’ and ‘‘it is a card that ducing imports to the United States sence of a quorum. we are going to play with toughness from Venezuela. How can we do that? The PRESIDING OFFICER. The against the toughest country in the We can do it by increasing our domes- clerk will call the roll. world, the United States.’’ tic energy supply and production and

VerDate Aug 31 2005 00:18 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.016 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3088 CONGRESSIONAL RECORD — SENATE March 14, 2007 accelerate innovation for renewable I hope the President’s efforts are not So he took the country to war on fuels—wind power, solar power, eth- for nought. I hope we can enhance what false pretenses, and who has paid the anol, biodiesel, even wave energy. he has started by promoting free trade, price for that? The military families. Using the currents in the sea can al- by giving him the ability to negotiate The dead. These families have lost over ways produce energy, and research is free trade agreements with more of the 3,000 of their nearest and dearest, and going on in that effort. South American countries that are they will never, ever—ever—be the There is so much we can do to make friendly to America, by promoting same. our country independent from people independence in energy supply for our The wounded are suffering the worst such as Mr. Chavez and Mr. Ahmadi- country so we don’t have to depend on kind of wounds. These are the folks Nejad and others who would try to af- any foreign source for energy to make who have paid the heavy price and who fect our economy by raising the price sure our economy stays strong, and to continue to pay the heavy price. of oil or cutting off the supply. try to help them be relieved of debt I am proud of Senator REID and the No. 2, free trade. We should try to re- that would allow their countries to in- Democratic leadership. We promised duce heartbreaking poverty by approv- vest more in education and health care the people we would make this our No. ing free trade agreements with friendly for their people and their children. 1 priority, and we are. We tried to de- Latin American countries, those Latin This is an initiative whose time has bate Iraq before. The Republicans American countries that have democ- come. Maybe it is an initiative whose stopped us. Now we are trying to do it racies, that want to increase their eco- time has long since come but is now be- again. nomic prosperity. ginning to become a viable option for We have a resolution I wish to share We need to reauthorize the Presi- our country. I hope the President’s ef- with you, Madam President. I said it dent’s trade promotion authority forts are rewarded with Congress step- was called a Joint Resolution to Revise which expires on July 1. Free trade and ping up to the plate and helping Amer- United States Policy in Iraq. It says, working for economic prosperity in ica become more energy independent, and I am going to truncate this: these countries is the best way to keep helping America have more free trade Whereas, Congress and the American them free. agreements to build up economies in people will continue to support and And No. 3, debt relief. We should help these foreign countries. That would be protect the troops who are serving or stabilize Latin America’s fragile de- a huge step in the right direction. have served bravely and honorably in mocracies by reducing their crushing I yield the floor. Iraq; and whereas the circumstances debt burdens. This would empower The PRESIDING OFFICER. The Sen- referred to in the authorization in 2002 their newly elected governments, or ator from California is recognized. have changed substantially; and where- their elected governments that have Mrs. BOXER. Madam President, will as U.S. troops should not be policing a been elected many times before, to use you state the parliamentary situation civil war, and the current conflict in their revenue on education and health in front of the Senate at this moment. Iraq requires principally a political so- care for their people, strengthening The PRESIDING OFFICER. The Sen- lution; and whereas U.S. policy in Iraq their democracies. ate is postcloture on the motion to pro- must change to emphasize the need for Energy independence, free trade, and ceed to S.J. Res. 9. a political solution by Iraqi leaders in debt relief would go a long way toward Mrs. BOXER. So, Madam President, order to maximize the chance of suc- helping us strengthen our whole hemi- we are now debating whether to process and to more effectively fight the sphere. As we are looking at so much vola- ceed to S.J. Res. 9. I am glad the Chair war on terror; therefore be it resolved tility around the world, it is important clarified that. I am here to speak brief- that we transition this mission away we remember that if we strengthen our ly, to say I hope our colleagues will say from being in the middle of a civil war hemisphere, if we increase the pros- yes and will proceed to S.J. Res. 9. I toward being supportive of the Iraqi perity and the living standards of peo- will go into why I think that would be troops and training them; that we shall ple throughout our hemisphere, it will an excellent vote for this Chamber to begin the phased redeployment of the not only help us have stronger eco- take. I wish to speak briefly as to U.S. Forces from Iraq not later than nomic ties, which will be good for our where we are procedurally. 120 days after enactment of the resolu- country and other countries, we create Our Democratic leader, Senator tion; that we then move forward with a export markets for our goods as well as REID, has presented to the Senate S.J. comprehensive strategy so that we fi- importing the goods from overseas, Res. 9. Its purpose is to revise the pol- nally resolve this Iraq quagmire—it from Latin America, but it also is a se- icy of the United States in Iraq, and if means that it has to be diplomatic and curity issue for our country. The idea ever we needed to revise the policy of political and economic—and that there that we would have terrorist training the United States in Iraq, it is cer- be a report every 60 days so we know camps set up in countries that are hos- tainly now. In my belief, it was cer- how this redeployment is going. tile to America in South America is tainly a year ago and the year before. This is a breath of fresh air. This res- one I don’t even want to anticipate. It As someone who did not vote to give olution is a breath of fresh air into a would be very harmful for the security the President the authorization to go situation where you can’t even breathe of America to have more of these dicta- to war in the first place, I and a num- you are so suffocated from the tragedy, torships setting themselves up as an ber of my colleagues have watched from the deaths, from the wounded, ‘‘axis of good’’ to thwart American with horror as we have seen take place from the explosions every single day. freedom and democracy. what we predicted. So, yes, we are debating whether we I am glad our President has gone to We said the President did not con- should proceed to S.J. Res. 9, and I Latin America. The President of Mex- sider what would happen if our troops hope we will. ico acknowledged that the President of were not greeted as liberators and, in In closing, let me say this. There is a the United States, after 9/11, had secu- fact, were greeted as occupiers. We lot of talk about loving the troops, and rity threats that had to be addressed asked questions about the possibility I think every one of us in this Chamber and, therefore, he was not able to do of sectarian violence among the Sunni, loves the troops, so I have a rhetorical the innovations working with South Shia, and others. We said it was a mis- point here. If you love the troops, and America he had hoped he would be able take to take our eye off capturing bin I believe we all do, why put them in the to do in his first term as President. Laden and finishing our work in Af- middle of a civil war where they can’t But now the President is trying to ghanistan, which is crucial. We won- tell who is shooting at them? If you renew that promise and go to South dered why the President was doing this love the troops, why do you give them America and Mexico and talk about when the whole world was with us after a mission they can’t accomplish? They what binds us together. Land binds us the tragedy of 9/11. He turned around can’t solve the civil war. That has to together. Borders bind us together. We and went after Saddam Hussein, told us be done diplomatically, politically. If need good relations with Mexico and he was going to get nuclear weapons, you love the troops, why would you Central and South America. We want told us he was harboring al-Qaida, and lower the standards for their future friendly borders. It is important for our I will tell you, Madam President, all of colleagues in arms? We are stunned to security. that proved to be false. see that convicted violent felons are

VerDate Aug 31 2005 02:06 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.020 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3089 now being taken into the military, happening. The enemy tells us what is says we ought to set a timeline for the that is how desperately stretched the happening. They are leaving, going withdrawal of troops, or whether we military is. someplace else to cause trouble; wait- ought to credit his remarks made in If you love the troops, why would you ing it out. We know they will adjust to 2005, when he said it is not a wise deci- put them in a place such as Walter this. sion because it only empowers the Reed, where you have mold on the There is only one solution, and that enemy. walls and vermin, and not give them is why S.J. Res. 9 is so important. I think we know where the dif- the access when they leave Washington What is the solution? We spell it out. A ferences come down. There are those, and go back home, not give them defin- comprehensive strategy shall be imple- as the distinguished Senator from Cali- itive access to the help they need? mented as part of a comprehensive dip- fornia said a few moments, who regard Why would you send them, if you lomatic, political, and economic strat- what we are doing in Iraq, and she used loved the troops, out to battle again egy that includes sustained engage- these words, as ‘‘mission impossible.’’ and again and again? I met a man yes- ment with Iraq’s neighbors and the In other words, there are those who terday whose son is on his third tour. I international community for the pur- simply have given up, who believe all is have the charts in front of my office pose of working collectively to bring lost and there is nothing we can pos- with the names of the California dead. stability to Iraq. sibly do to reverse the tide in Iraq and He looked at that, and I saw the look There is no more coalition of the in the global war on terror, what on his face, and I said, what is wrong? willing. They are all leaving, whether Zarqawi, the former head of al-Qaida in He said, I have a son in Iraq, third tour it is Great Britain—which now is going Iraq, called the central front in al- of duty, no rest. to have only a few thousand troops Qaida’s war against the rest of the civ- So why do you have a rule that says there—Italy, Spain, Portugal. I could ilized world. they have to have rest; they have to be go through the list. They are all leav- What I would suggest is that this res- properly trained; they have to have the ing. We need to redeploy our troops and olution, which calls for withdrawing proper equipment? we need a comprehensive strategy. I troops beginning in the next 120 days, If you love the troops, why would you am proud to support S.J. Res. 9, and I sets a hard deadline of March 31, 2008, continue to send them over in that hope when we have this vote we will to withdraw all troops and which lim- fashion, without being properly vote to proceed to this very important its the flexibility of our military com- equipped or trained? Why would you resolution. manders to go after the enemy. This is send them out on the battlefield with Mr. President, I yield the floor. not a plan to succeed. This is a plan post-traumatic stress and a bottle of The PRESIDING OFFICER (Mr. destined to fail. Because, in fact, to antidepressants, if you loved the MENENDEZ). The Senator from Texas. give the critics some credit, they have troops? Mr. CORNYN. Mr. President, I have a I am proud to be a cosponsor of S.J. given up, so they believe all that is left lot of respect for the Senator from Res. 9. This is a comprehensive solu- is retreat, to admit defeat. But this California, but I couldn’t disagree with tion. The other side of this debate Senator is not prepared to give up on her more on this topic, and I will ex- keeps saying, well, where is your solu- either the mission or the members of tion? Here it is. It is right there. We plain why. our military who are carrying out that This resolution that is currently be- transform the mission to a mission mission in Iraq. fore the Senate calls for the President Arbitrary deadlines for withdrawal that can be accomplished, not mission to begin withdrawing troops from Iraq impossible. That mission will be to pro- and micromanaging our military com- tect United States and coalition per- within 120 days. It calls for with- manders on the ground is not a mili- sonnel and infrastructure, training and drawing all combat forces from Iraq— tary strategy, it is a recipe for defeat. equipping Iraqi forces, and conducting all combat forces from Iraq—by March The problem is the new majority and targeted counterterrorism operations. 31, 2008, and it calls for limiting the the Democrat strategy can best be Now that is a mission we can accom- flexibility of our military commanders characterized as one of slow bleed, plish. to go after the enemy. micromanage, and say nice things As for sending our troops into the None of these provisions strikes me about supporting the troops but don’t middle of a civil war, that is wrong, as wise or a good idea. And it is not support the mission we sent them on. I and I don’t believe anyone who voted just me. Let me quote from January 31, have said before, and I will say it for that resolution—and I am so proud 2005, a speech made by one of our dis- again, if you believe all is lost and and so glad I didn’t vote for that reso- tinguished Members at the National there is no possibility of success in the lution to take this country into this Press Club. This distinguished Senator war in Iraq, to me, the logical conclu- ill-fated war, but if you voted for it, said: ‘‘As far as setting a timeline, that sion is you would defund the effort to you didn’t vote to put troops in the is not a wise decision, because it only support that mission there. In other middle of a civil war. So if that is empowers those who don’t want us words, you would use the tool that is where we are right now, we need to there.’’ Who was that speaker? Well, available to Members of Congress, the change it. none other than our majority leader, power of the purse, to cut off the funds. You know, Martin Luther King—and Senator HARRY REID, Democrat from I disagree with that. I don’t think we I read this recently—who is one of my Nevada, who said, ‘‘It is not a wise de- should. But Senator DODD and Senator heroes in life, said during the Vietnam cision to set a timeline, because it only FEINGOLD have been the ones who have war that what can happen to you when empowers those who don’t want us said, you know what, passing non- you are faced with these horrible op- there.’’ binding resolutions is simply not wor- tions, these horrible choices—and by Senator REID was not the only one. thy of the Senate. Nowhere else in life the way, the worst kind of leadership, Senator CLINTON said, ‘‘I don’t believe can you pass a nonbinding resolution, no matter where it comes from, is a it’s smart to set a date for withdrawal. make a ‘‘no’’ decision and be credited leadership that gives you no good I don’t think you should ever telegraph for doing anything. Only here in Wash- choices, okay? But Martin Luther King your intentions to the enemy so they ington, only in the Senate can you pass said, when you are faced with that cir- can await you.’’ That was a comment a nonbinding resolution and somebody cumstance—and he was talking about she made on February 13, 2007. says, you know what, we have done Vietnam, where it was tragic, there Senator JOE BIDEN, Democrat from something. Well, the fact is, the only were no good choices, what could we Delaware, said: ‘‘A deadline for pulling thing we would have done is to lend en- do—said, paralysis sets in and people out will only encourage our enemies to couragement to those who want to see can’t change. What happens is the sta- wait us out.’’ He said that on June 21, us fail in Iraq and to possibly under- tus quo prevails and it becomes a new 2005, in a speech at the Brookings Insti- mine the morale and support given for reality: dead, dead, dead soldiers every tution in Washington, DC. our troops who are in harm’s way. day, suicide bombs, and we can’t get I think we find ourselves in a time Giving the enemy a timetable when out of it. warp, but it is hard to know whether American troops should withdraw from The surge isn’t a new strategy. It has the distinguished majority leader’s po- Iraq only helps the enemy plan on how been tried before. We know what is sition is what he says today, when he to accomplish their goals, not ours.

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The irony of this pro- pediency. rines, and airmen will come back home posal—the best I can tell, the 17th pro- We find that even our colleagues on safely but after they have accom- posal that has come from the majority the other side of the aisle are con- plished the mission we have asked since we began talking about Iraq reso- flicted internally about the best strat- them to take on, and that is to leave lutions—is it comes at a time when the egy as reflected by this now 17th Iraq in a condition where it is sta- new Baghdad security plan appears to iteration of their resolution strategy. bilized, where it is able to govern itself be making some hopeful signs toward A Washington Post editorial dated and defend itself. Only then will we success. One of those signs is Muqtada March 13 labels the restrictions on Iraq have eliminated another safe haven for al-Sadr, the radical Shiite cleric who is war funding drawn up by House Demo- al-Qaida and terrorist activities. Only in charge of the Shiite militias in Iraq, crats—and the 17th proposal on Iraq, by then will we have reduced to the barest has fled the country because he knows the way—this is the Washington Post. possible minimum the likelihood that the American military and our Iraqi al- They called it ‘‘something of a trick,’’ we will have to return following a relies are beginning to enter areas such and is merely ‘‘an inflexible timetable, gional conflagration, following a vast as Sadr City, which have been in his conforming to the need to capture humanitarian crisis and ethnic cleans- sole province and domain. He has left votes in Congress or at the 2008 polls.’’ ing that is likely to occur if we do not to go to Tehran, to Iran. Similarly, he Then an article in the Wall Street take every possible step to see this has instructed the Mahdi armies, the Journal yesterday quotes House Appro- Baghdad security plan succeed. Shiite militias, not to confront the priations Committee chairman, Demo- Yes, we all want our troops to come American soldiers or Iraqi allies as crat of Wisconsin, DAVID OBEY, saying home as soon as possible. Some of us they go in to clear, hold, and build in this about the language contained in are not willing to set arbitrary dead- some of the previously most dangerous the wartime spending bill passed or lines or to bring our troops back home areas of Iraq, that of Sadr City. being considered in the House—specifi- based on some calendar that bears no Democrats have offered 17 proposals cally regarding the benchmarks laid relationship to conditions on the on how to lose in Iraq but not a single out for Iraq. Mr. OBEY is quoted as say- ground. We want them to come home proposal on how to succeed. The chairing: as soon as possible, but after they have man of the Senate Armed Services I don’t know if these are the right bench- accomplished the mission that they so Committee, Senator LEVIN, recently marks or right conditions or right timetable. bravely have taken on and in which conceded that there are between 5,000 Mr. OBEY said: they are so nobly led by GEN David and 6,000 members of al-Qaida in Iraq— It’s a huge mistake for people to look at Petraeus. specifically in Al Anbar Province. To this word and that word. . . . This language I believe S. Res. 9 is misguided. It pass legislation that sets an arbitrary will change 10 minutes after it passes the should be defeated, and I will do every- deadline for withdrawing our combat House. thing within my power to urge my col- forces without defeating al-Qaida in The Vice President was quoted as leagues to so vote. Iraq makes no sense. Rather, it would saying this on March 12, and I couldn’t I yield the floor and I suggest the ab- provide potentially a safe haven, a agree with him more in this regard. He sence of a quorum. power vacuum into which al-Qaida said: The PRESIDING OFFICER. The could reestablish itself, gain a foot- The second myth is the most transparent. clerk will call the roll. hold, and use that platform as a place And that is the notion that one can support The bill clerk proceeded to call the to launch terrorist attacks against the the troops without giving them the tools and roll. United States and other countries. reinforcements necessary to carry out their Mr. LEVIN. I ask unanimous consent The Iraqis know our commitment to mission. . . . When members of Congress pur- that the order for the quorum call be sue an anti-war strategy that’s been called Iraq is not open-ended, so it is simply slow bleed, they’re not supporting the rescinded. not accurate to say that is the position troops, they are undermining them. And The PRESIDING OFFICER. Without of either the administration or anyone when members of Congress speak not of vic- objection, it is so ordered. in this body. No one has made an open- tory, but of time limits—when members Mr. LEVIN. Mr. President, after 4 ended commitment to Iraq. The Iraqis speak not of victory but of time limits, dead- years of fighting and the loss of almost understand that the future of Iraq is in lines or other arbitrary measures, they’re 3,200 American lives, 24,000 wounded, the hands of Iraqis, and that is exactly telling the enemy simply to watch the clock $350 billion spent on this war, it is long where it should be. and wait us out. . . . Anyone can say they past time for a new approach in Iraq. support the troops and we should take them But to pass legislation that micro- at their word. But the proof will come when Everybody who participates in this de- manages how our troops should fight it’s time to provide the money. We expect bate wants to maximize our chances of and to try to make tactical decisions the House and Senate to meet the needs of success in Iraq. Even those of us who on how to handle those 130,000 or so our military and the generals leading the voted against going to war and those of troops on the ground from Washington, troops in battle on time and in full measure. us who have disagreed with how this DC, is simply crazy. We unanimously I couldn’t agree with the Vice Presi- war has been conducted want to see a confirmed GEN David Petraeus, who dent any more than in those quoted re- stable Iraq which enhances our own na- essentially is the architect of the coun- marks. We have now had 17 different tional security. terinsurgency plan now being carried proposals from Democrats in the Sen- But continuing the current course out in Baghdad. General Petraeus will ate to date. Maybe there are more to and surging along the current course lead our operations in Iraq and, frank- come but 17 so far. For my colleagues does not do that. The President’s cur- ly, he doesn’t need armchair generals on the other side of the aisle to propose rent course of action, of putting more here in Washington, DC, trying to tell this ever-shifting plan of how to deal U.S. military personnel in the middle him what to do. General Petraeus with Iraq is simply not constructive. of a growing civil war in Iraq, does not knows what to do, and that is the rea- I must say that it is simply absurd enhance our security and it does not son the Senate unanimously confirmed that we would tell our enemy when we maximize the chances of success. him to carry out this new Baghdad se- plan to leave Iraq. I am joined in that The President’s plan has a funda- curity plan. belief by Senator CLINTON and Senator mental flaw because what is needed in If Members of this body really sup- REID, from the statements I quoted Iraq is a political solution among the port our troops, then they will provide earlier. Iraqi leaders, not a military solution. our troops with the resources they This Senator is not prepared to give Our troops perform bravely and bril- need to accomplish their mission and up on our men and women in uniform, liantly, but American military fire- not engage in a slow-bleed strategy of and I am not prepared to agree to arbi- power will not end the civil war in cutting off resources or reinforce- trary timetables or strings on the Iraq. It has been apparent for a long ments. We all want our troops to come money that we appropriate that will time that there is no military solution home as soon as possible. But any deci- limit their ability to be successful. I in Iraq, that an Iraqi political solution sion to withdraw from Iraq should be hope all of us, Republican or Democrat is necessary to end the violence. GEN based strictly upon national security alike—all Americans would hope that Peter Chiarelli, commanding general of

VerDate Aug 31 2005 02:06 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.024 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3091 the multinational force in Iraq, said tinue to blame us for all of Iraq’s problems, These were reaffirmed by the Presidency the following in December: which are at base their problems. Council on October 16, 2006, and referenced by the Iraq Study Group; the relevant docu- We need a commitment by all Iraqis, of all The Iraq Study Group specifically ment (enclosed) was posted at that time on of the ethno-sectarian groups to commit drew the connection between the im- the President of Iraq’s website. first to nonviolence and to resolving their portance of ending the open-ended differences through the political process . . . commitment of American troops and The posted document shows one And he continued: persuading the Iraqis to make political benchmark after another, starting in September 2006, going through March I happen to believe that we have done ev- compromises. There is a connection be- erything militarily that we possibly can. tween the two, the Iraq Study Group of 2007, and I am going to read them off. At his confirmation hearing in De- said, between ending the open-ended By September 2006: cember, I asked our new Secretary of commitment and getting the Iraqis to resolve their political differences. Here Form a Constitutional Review Committee; Defense, Bob Gates: Approve the law and procedures to form re- Do you believe that the end to violence in is the way they put it in the Iraq Study gions; Iraq requires a political settlement, and that Group’s report: Agree on political timetable; we need to communicate a sense of urgency An open-ended commitment of American Approve the law for Independent High to the Iraqis to pressure them to reach a set- forces would not provide the Iraqi govern- Electoral Commission (IHEC); tlement that only their politicians can ment the incentive it needs to take the polit- Approve the Investment Law. reach? ical actions that give Iraq the best chance of By October 2006: quelling sectarian violence. In the absence of Dr. Gates replied: Approve provincial elections law and set such an incentive, the Iraqi government Yes, I do. date for provincial elections; might continue to delay taking those dif- Approve a hydrocarbon law. The Iraq Study Group stated that: ficult actions. By November 2006: The violence in Iraq cannot be stopped or That is the Iraq Study Group. Approve a de-Ba’athification law; even contained if there is no underlying po- Columnist Tom Friedman put it suc- litical agreement among Iraqis about the fu- Approve provincial council authorities ture of their country. cinctly recently in the New York law; Times: Approve a flag, emblem and national an- Perhaps most telling was Iraqi Prime Right now everyone in Iraq is having their them law. Minister Maliki’s acknowledgment re- cake and eating it—at our expense. We have By December 2006: cently on this essential point. This is to change that. what Iraq’s own Prime Minister said: Approve Coalition Provisional Authority But instead of putting pressure on . . . concerning armed forces and militias; The crisis is political. And the ones who the Iraqis, the President is putting his Council of Representatives to address am- can stop the cycle of aggravation and blood- nesty, militias and other armed formations; letting of innocents are the Iraqi politicians. faith in the Iraqis to meet certain benchmarks they have set for them- Approve amnesty, militias and other armed formations law. The real battle for Baghdad is not a selves. But look at the track record of military battle, it is a political one, the Iraqi Government in meeting some By January 2007—this was the and that battle can be resolved only by of the benchmarks and promises it has timeline— Iraqi politicians and not by our mili- set for itself and it has made. Constitutional Review Committee com- tary. Iraqi President Talibani said in Au- pletes its work. So how do we pressure the Iraqi lead- gust of 2006 that Iraqi forces would By February 2007: ers to reach the political settlement ‘‘take over security in all Iraqi prov- Form independent commissions in accord- that is essential? We can start by end- inces by the end of 2006.’’ That pledge ance with the Constitution. ing our open-ended commitment to surely has not been kept. By March: Iraq. The President has changed his Prime Minister Maliki said last June Constitutional amendments referendum (if rhetoric about ending our open-ended he would disband the militias and ille- required). commitment, but he has not changed gal armed groups as part of his na- Now, there may have been one or two his policy. In fact, he sent the opposite tional reconciliation plan, and in Octo- of those guidelines met. If so, I am not message when he sent more troops to ber he set the timetable for disbanding sure what they are, but I want to at Baghdad. the militias as the end of 2006. That least allow the possibility that a flag, Our objective in Iraq, and the objec- commitment has not been kept. emblem, and national anthem law was tive of this resolution, must be to shift The Iraqi Constitutional Review adopted. But of those perhaps 15 mile- responsibility to the Iraqis, both politi- Commission was to present its rec- stones—and a timeline for them—to be cally and militarily, for their future. ommendations for changes in the con- adopted by the Iraqi Presidency, not For that to happen, we must end the stitution to the Council of Representa- more than one—but maybe two—of the open-ended commitment that has been tives within 4 months of the formation 15 have been adopted. And none of the made by this administration to Iraq of of the Iraqi Government last May. important ones have been adopted. the presence—without decision by us, Well, the commission has yet to formu- We are told by Secretary Rice, that leaving it up to the Iraqis for how long late any recommendations. was on the Web site of the President of and how many—of American troops. Prime Minister Maliki put forward a Iraq. Then suddenly and mysteriously We must make clear to the Iraqis series of reconciliation milestones to it disappeared from that Web site a few that their future is in their hands, not be completed by the end of 2006 or early months ago. ours. We must make it clear to the 2007, including approval of the provin- When I asked Secretary Rice—I Iraqis they must reach a political set- cial election law, approval of a new de- wrote her a letter asking: You said, tlement among themselves and, if they baathification law, and approval of a Madam Secretary, this was on the Web do not, we cannot save them from new militia law. Not one of those laws site, but it disappeared from the Web themselves. has been enacted. site. Can you find out why? We have As General Abizaid said in November: On January 30, Secretary Rice wrote not heard back from the Secretary of It’s easy for the Iraqis to rely upon us to to me about these benchmarks. She State about that problem. do this work. I believe that more American said the Iraqi Government had adopted So much for the promises and com- forces prevent the Iraqis from doing more, from taking more responsibility for their a lot of benchmarks, and she attached mitments and milestones of the Iraqi own future. those benchmarks to her letter called leadership. They post them on a Web ‘‘Notional Political Timeline.’’ site month by month what these prom- General Casey made the same point Here is what she said about the ises and commitments and milestones in early January when he said: benchmarks attached to her letter: and benchmarks are, and then—poof— The longer we in the U.S. forces continue they disappear from the Web site, just to bear the main burden of Iraq’s security, it . . . Iraq’s Policy Committee on National lengthens the time that the government of Security agreed upon a set of political, secu- as though they were not made. That is Iraq has to take the hard decisions about rity, and economic benchmarks and an asso- the problem with milestones, bench- reconciliation and dealing with the militias. ciated timeline in September 2006. marks which have no consequences And the other thing is that they can con- Then she said: when they are not met.

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It is time to go beyond the feat the insurgency. cans to know and understand that it is toothless benchmarks and to make By shifting responsibility to the our duty to debate this war. For those clear to the Iraqi leaders their daw- Iraqis for their own future and their of us who think it is leading in the dling must end and that their nation is own country, this resolution does what wrong direction and going nowhere, it in their hands, and we cannot decide is needed the most—it puts pressure on is on a road to failure, it is our duty to for them how to build a nation, wheth- the Iraqis to reach a political settle- try to change that course. er to build a nation, or whether they ment. Contrast our troops and their honor prefer to have a civil war. As we consider the future of our in- and their loyalty to the principles upon The administration says our debate volvement in Iraq, we must always be which this Nation was founded, re- on this bill would embolden the enemy. mindful of the price our military and flected, interestingly enough, in a poll But what that shows is a serious lack their families are paying as a result of taken of our military by the Military of understanding of the situation we multiple deployments of units and peo- Times. This poll was printed in the face. Congressional debate over Iraq ple to Iraq. We must be mindful that Army Times a few months ago. The policy does not embolden the enemy. the lack of attention to Afghanistan question that was asked of our troops The enemy is already emboldened. The and Pakistan has allowed al-Qaida and was whether they approve of the Presi- enemy is emboldened by an open-ended the Taliban to regroup and strengthen. dent’s handling of the war in Iraq. presence of western troops in a Muslim We must also be mindful that our non- Forty-two percent of our troops dis- country’s capital, which serves as a deployed forces lack the equipment and approved of the President’s handling of magnet for extremists and gives a other resources needed to maintain an the war in Iraq. Thirty-five percent of propaganda club to our enemies. acceptable level of readiness, and, as a our troops approved of the handling of The enemy is emboldened by an inva- result, the risk our Nation faces has the war by their Commander in Chief. sion of Iraq without the support of the substantially increased. They are divided as Americans are di- international community, and with no We must be tragically mindful, al- vided. We should not only respect their plan for a violent aftermath. The ways, that the pledge to take care of bravery, we should respect their intel- enemy is emboldened by a million and those courageous soldiers and marines, ligence and their commitment to this a half Iraqi refugees, with thousands who have sustained serious physical debate in the Congress. That is what more being added each day. The enemy and mental injuries in combat, has they are fighting for: that we can deis emboldened by a surge of American been broken by this administration. bate a mission and we can debate how troops into a civil war that postpones In recent days, there have been state- to best secure this country so that we the day when Iraqi leaders will take re- ments suggesting a debate in Congress can debate how to best succeed in Iraq. sponsibility for their own future. on the war in Iraq is undermining the And now our responsibility as a Con- troops. Just last Monday, Vice Presi- That is what our troops believe in. gress. What is our responsibility? What dent CHENEY said, among other things, That is what they are fighting for. It is this resolution does is implement our that: insulting to them. It is insulting to responsibility by working to make the When Members of Congress pursue an them to say, as the Vice President of day when Iraqi leaders take responsi- antiwar strategy . . . they are not sup- the United States said, that a debate in bility for their own nation come sooner porting the troops, they are undermining the United States Congress as to how rather than later. The most recent in- them. best to succeed in Iraq, how best to telligence estimate says ‘‘the current Contrast the Vice President’s state- change the course in Iraq, somehow or security and political trends in Iraq are ment with statements Secretary of De- other undermines the troops. moving in a negative direction.’’ fense Gates and Chairman of the Joint So we have before us an opportunity, Our resolution is the best way to stop Chiefs of Staff General Pace made re- an opportunity which can only be the Iraqi leaders from continuing to cently on February 7 before the House achieved if this debate can advance be- fiddle while Baghdad burns. It would Armed Services Committee. yond the motion to proceed. We will be seek to pressure the Iraqi leaders to Here is what Secretary Gates said: voting on that motion later on today achieve a political solution by requir- I would tell you that I think that our or tomorrow. I hope that Senators, re- ing our President to promptly transi- troops do understand that everybody in- gardless of our views on this war, will tion the mission of American forces in volved in this debate is looking to do the right thing for our country and for our allow this Senate to once again debate Iraq to protecting United States and the direction in Iraq. The last real vote coalition personnel and infrastructure, troops, and that everybody is looking for the best way to avoid an outcome that leaves we had was one that denied us this op- to training and equipping Iraqi forces, Iraq in chaos. And I think our troops are so- portunity to proceed. I hope there will and to conducting targeted counterter- phisticated enough to understand that that’s be enough of our colleagues on the rorism operations. what the debate’s really about. It’s about the other side of the aisle who will recog- Our resolution would require the path forward in Iraq. nize the importance of this debate to President to begin the phased redeploy- Here is what General Pace said, and this future—the future of this country, ment of United States forces from Iraq contrast this to what Vice President to the future of this world, perhaps; to not later than 120 days after enact- CHENEY said—how worthy Secretary the lives of so many of our gallant, ment, with the goal—I emphasize Gates’ statement is—and listen to how brave troops and their families, and ‘‘goal’’—of redeploying all United worthy General Pace’s statement is perhaps, indeed, to the future well- States combat forces by March 31, 2008, compared to the stale and unworthy being of this institution because this except for—except for—those that are comments of the Vice President of the institution surely should be about de- needed to carry out the three missions United States about what this debate bating issues as transcendently impor- which are described in the resolution, signifies. tant as our future in Iraq. and which I have just outlined. That General Pace: goal and the three limited missions are Mr. President, I ask unanimous con- There is no doubt in my mind that the dia- sent that some correspondence between the same as the goal and the limited logue here in Washington strengthens our missions recommended by the Iraq democracy. Period. myself and Secretary Rice, and Sen- ator MCCAIN and myself with Secretary Study Group. And then he added: Rice be printed in the RECORD. Passing this resolution would deliver From the standpoint of the troops, I be- a cold dose of reality to the Iraqi lead- lieve that they understand how our legisla- There being no objection, the mate- ers and would tell them we are not ture works and they understand that there is rial was ordered to be printed in the going to be their security blanket going to be this kind of debate. RECORD, as follows:

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THE SECRETARY OF STATE, UNOFFICIAL TRANSLATION U.S. SENATE, Washington, DC. NATIONAL POLITICAL TIMELINE COMMITTEE ON ARMED SERVICES, Hon. CARL LEVIN, September 2006 Washington, DC, January 16, 2007. Chairman, Committee on Armed Services, Hon. CONDOLEEZZA RICE, Form Constitutional Review Committee United States Senate. Approve law on procedures to form regions U.S. Department of State, DEAR MR. CHAIRMAN: Thank you for your Agree on political timetable Washington, DC. recent letters regarding the way forward in Approve the law for Independent High DEAR MADAM SECRETARY: On November 14, Iraq and the role of benchmarks for political Electoral Commission (IHEC) 2006 I sent you a letter (attached) asking issues Iraq must solve. The President has Approve the Investment Law that you provide the agreed timeline and also asked that I reply on his behalf to your October 2006 benchmarks (or the U.s. proposal for such) of political issues to be resolved by the Iraqi December 12, 2006, letter to him concerning Approve provincial elections law and set Government in the coming months. At that the importance of announcing a deadline for date for provincial elections beginning a phased redeployment from Iraq. Approve a hydrocarbon law time I requested the same from Secretary Rumsfeld. On December 4, I heard from I share your view that the Iraqi Govern- November 2006 ment must meet the goal it has set for Under Secretary of Defense Edelman that Approve de-Ba’athification law the State Department had received my letter itself—establishing a democratic, unified, Approve provincial council authorities law and had agreed to respond on behalf of the and secure Iraq. We believe the Iraqi Govern- Approve a flag, emblem and national an- Administration. I have yet to hear from the ment understands very well the con- them law State Department in this regard. sequences of failing to make the tough deci- December 2006 As I stated in my first letter, this informa- sions necessary to allow all Iraqis to live in Approve Coalition Provisional Authority tion will be essential to the Congress’ consid- peace and security. President Bush has been Order 91 concerning armed forces and mili- eration of a way ahead on Iraq. Now that the clear with Prime Minister Maliki on this tias President has announced his new strategy score, as have I and other senior officials in Council of Representatives to address am- for Iraq, this information is even more vital. discussions with our counterparts. We expect nesty, militias and other armed formations I am very disappointed that two months the Prime Minister to follow through on his Approve amnesty, militias and other have gone by and you have not responded to pledges to the President that he would take armed formations law my initial request. In view of the passage of difficult decisions. January 2007 time and the importance of this issue, I ex- In his January 10 address, the President Constitutional Review Committee com- pect to receive the timeline and benchmarks stated that after careful consideration he pletes its work by the end of this week. had decided that announcing a phased with- Sincerely, February 2007 drawal of our combat forces at this time CARL LEVIN, would open the door to a collapse of the Iraqi Form independent commissions in accord- Chairman. Government and the country being torn ance with the Constitution apart. The New Way Forward in Iraq that March 2007 U.S. SENATE, the President announced on January 10 is de- Constitutional amendments referendum (if COMMITTEE ON ARMED SERVICES, signed to help the Government of Iraq to required) Washington, DC, November 14, 2006. succeed. This strategy has the strong sup- Hon. CONDOLEEZZA RICE, port of General Petraeus and his com- U.S. SENATE, U.S. Department of State, manders, and we must give the strategy time COMMITTEE ON ARMED SERVICES, Washington, DC. to succeed. Washington, DC, January 25, 2007. DEAR MADAM SECRETARY: The top priority On your point about a political solution Hon. CONDOLEEZZA RICE, for the coming months must be finding a being critical to long-term success, I also Secretary of State, Department of State, Wash- way forward to change course in Iraq. U.S. agree. However, with violence in the capital ington, DC. policy must include urging the Iraqis to at the levels we have seen since the Samarra DEAR MADAM SECRETARY: On November 14, make the necessary political compromises, attack on February 22, 2006, extremists and 2006 Senator Levin sent you a letter (at- which only they can make, to preserve Iraq terrorists have been able to hold the polit- tached) asking that you provide the agreed as a nation. Our military commanders have ical process hostage. The President’s strat- timeline and benchmarks (or the U.S. pro- made clear there is no military solution; egy is designed to dampen the present level posal for such) of political issues to be re- only a political solution can restore security of violence in Baghdad and ensure that Iraq’s solved by the Iraqi Government in the com- in Iraq. political center has the security and sta- ing months. At that time he also requested The Administration announced last month bility it needs to negotiate lasting political the same from Secretary Rumsfeld. On De- that Iraqi leaders had agreed to a timeline accommodations through Iraq’s new demo- cember 4, he heard from Under Secretary of and benchmarks for a political process over cratic institutions. Defense Edelman that the State Department the coming months. On October 25, 2006, President Bush stated that the Administra- At the same time, the President has made had received his letter and had agreed to re- tion and the Iraqi Government were devel- clear to the Prime Minister and other Iraqi spond on behalf of the Administration. Hav- oping benchmarks for determining whether leaders that America’s commitment is not ing not heard from the State Department for the ‘‘hard decisions necessary to achieve open-ended. It is essential that the Govern- two months, Senator Levin again wrote to peace’’ were being made. Earlier, on October ment of Iraq—with our help, but its lead—set you (attached) on January 16, 2007 reit- 24, 2006, Ambassador Zalmay Khalilzad stat- out measurable, achievable goals and objec- erating his request and noting his expecta- ed that Iraqi leaders had agreed to a timeline tives on each of three critical, strategic tion that you would be courteous enough to for making the hard decisions on out- tracks: political, security, and economic. In respond by the end of last week. Unfortu- standing issues and that President Talibani this regard, Iraq’s Policy Committee on Na- nately, you have not done so, which neces- had made those commitments public. Ac- tional Security agreed upon a set of polit- sitates yet another request. cording to Ambassador Khalilzad and Gen- ical, security, and economic benchmarks and In his January 10 address to the nation on eral Casey, these included enactment of an an associated timeline in September 2006. his new strategy for Iraq, President Bush oil law for sharing resources; a constitu- These were reaffirmed by the Presidency said that ‘‘America will hold the Iraqi gov- tional amendment on powersharing that Council on October 16, 2006, and referenced ernment to the benchmarks it has an- would guarantee democratic rights and by the Iraq Study Group; the relevant docu- nounced.’’ It is essential that Congress have equality to all Iraqis; reforming the de- ment (enclosed) was posted at that time on the information on those benchmarks to Ba’athification Commission; and increasing the President of Iraq’s website. comprehensively consider as it addresses the way ahead in Iraq. It is both baffling and dis- the credibility and capability of Iraqi forces. Beyond that, as the President said, Prime turbing that the Administration will not However, on October 25, 2006, Iraqi Prime Minister Maliki made a number of additional provide the timeline and benchmarks, and it Minister Maliki stated publicly that no commitments including: is our joint expectation that you will do so timetable has been set. Non-interference in operations of the Iraqi promptly, and by the end of this week at the Please provide the agreed timeline and Security Forces; latest. If the benchmarks to which the Presi- benchmarks (or the U.S. proposal for such) of Prosecution of all who violate the law, re- dent referred include additional commit- political issues to be resolved by the Iraqi gardless of sect or religion; ments beyond those initially agreed to by Government in the coming months. This in- Deployment of three additional Iraqi army the Iraqi government, then our expectation formation will be essential to the Congress’ brigades to Baghdad; and is that you will make that clear in your re- consideration of a way ahead on Iraq. Use of $10 billion for reconstruction. sponse, and will clearly indicate which are Thank you for your assistance. We will continually assess Iraq’s progress new commitments. Sincerely, in meeting these commitments as well as Sincerely, CARL LEVIN, Ranking Member. other initiatives critical to Iraq’s develop- JOHN MCCAIN, ment. Ranking Member. Mr. LEVIN. I yield the floor. Sincerely, CARL LEVIN, The PRESIDING OFFICER. The Sen- CONDOLEEZZA RICE. Chairman. ator from Rhode Island is recognized.

VerDate Aug 31 2005 02:06 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.005 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3094 CONGRESSIONAL RECORD — SENATE March 14, 2007 Mr. REED. I thank the Chair. now for many years been engaged in one they can sustain, and one we can Mr. DORGAN. Would the Senator Iraq. We have seen substantial casual- sustain. In my view, that policy is laid from Rhode Island yield? ties of our military men and women, out very explicitly in the proposal that Mr. REED. I yield for the purpose of not only those who have given the ulti- we are debating today authored by a question, yes. mate sacrifice but those who have been Senator Harry REID. It focuses on de- Mr. DORGAN. I was wondering if we seriously wounded. We have seen our fining critical missions so that our sol- could determine the timing for debate, position in the world, particularly in diers know precisely why they are in and I was wondering who is arranging that region, seriously eroded. We have that country and that we can give debate on this side of the aisle. a situation where, unwittingly perhaps them all the resources necessary for Mr. LEVIN. Mr. President, I wonder but actually, Iran has become a more those missions to go after terrorists if the Senator from Rhode Island would powerful agent in that area of the who have infiltrated the country. yield. world because of the policy of this ad- The existence of terrorists before the Mr. REED. I will yield for a question. ministration. I think we have the op- invasion was one of highly speculative The PRESIDING OFFICER. The Sen- portunity at this juncture to change debate, and it turned out there was ator from Michigan is recognized. this flawed strategy; also, to improve more speculation than fact. But the re- Mr. LEVIN. There is no order that the operational skill of this adminis- ality is terrorists have infiltrated Iraq has been established, No. 1. I would tration because not only was the strat- in the intervening several years, and like very much to establish an order egy flawed, but the implementation we have to go after them just as we did for the convenience of all Senators, but was absolutely horrid. in Somalia, just as we are doing in Af- I would have to know more about the The Iraq Study Group made many ghanistan, and just as we hope the other side in terms of what their wish- useful suggestions, and key to those Pakistanis are doing in Pakistan. After es are. I know Senator SCHUMER want- suggestions was to begin a phased rede- all, that is where bin Laden and ed to begin at about 1:45, and then I ployment of our forces. This was simi- Zawahiri are residing, reorganizing, know Senator DORGAN was in the lar to language Senator LEVIN and I and contemplating attempts to attack queue—it is an informal queue. I be- proposed last June, which talked about us again. lieve, if my memory is correct, al- a phased redeployment of our combat That effort of preemption of terror- though I don’t have the sheet of paper forces, leaving residual missions for ists has to go on, and we have to main- in front of me, Senator DORGAN wanted other forces, and also talked about an tain a presence in Iraq to do that. We to come out between 3:00 and 4:00. ambitious diplomatic effort to try to also have to train the Iraqi security We will do everything we can to ac- adjust politically the various forces forces because, frankly, they are ulti- commodate Senators, and if Senators and the various tensions in the country mately the decisive point in terms of could let me know, for those who want of Iraq and in the region. It was inter- security for Iraq. It is not American to speak in favor of the motion to pro- esting to note that many months after soldiers. We don’t have the cultural af- ceed, when they would like to be here the Levin-Reed proposal, the adminis- finity, as best we try; we don’t have the and about how long they need, I would tration finally participated in a re- vested interests. We are trying to help, be most appreciative, and I will try to gional conference last week involving but it is not our country, it is their put together an order. both Iran and Syria and the other country, and to prevail, they must Can we put in an order now that Sen- neighboring countries. That is a step carry the burden of war. We have to ator REED has the floor, and we would forward—a timid step but, indeed, a help them, we understand that. We be happy to alternate if a Republican step forward. have to continue to train them. Of shows up. Let me ask Senator DORGAN. The President, however—after the course, we have to protect our forces. I did tell Senator SCHUMER that we Iraq Study Group recommendations There was some discussion today would try to fit him in at 1:45. Can we and after our debates last year—in Jan- about how these missions are going to put Senator SPECTER in immediately uary, when he was able to present and cause our soldiers, as they go through after Senator SCHUMER? Could we put willing to present his new strategy, he Iraq, to say: Well, I can’t go after that the Senator from Pennsylvania in im- made another mistake in several re- fellow because he might be a sectarian mediately after Senator SCHUMER be- spects. First, the surging or escalating militiaman and not a terrorist. cause I have not specified with him the of forces is, I think at best, a tem- If those forces pose a threat to Amer- amount of time he needs. But I would porary stopgap. The real solution to ican troops in the field, they are fair prevail upon him to see if he could end the dilemmas and the details that en- game. That is what this resolution close to 1:55. Let me raise that with gulf Iraq are political in nature. That says. But it is made, these missions Senator SCHUMER. has been vouched for by every military are, in the context of a policy of rede- Could I ask the Senator from Rhode commander and most commentators. ployment, of getting our combat forces Island about how much time he needs? Rather than embracing the Iraq out of Iraq. We hope we can do that Mr. REED. Apparently, approxi- Study Group’s recommendations, he within a year, but much depends upon mately 10 minutes or until Senator distanced himself from them. Rather what happens in other arenas: political SCHUMER arrives. than talking about a phased redeploy- mentoring and economic support. Mr. LEVIN. As always, he is most ac- ment, he talked about an indefinite es- Frankly, this administration has done commodating. The Presiding Officer calation. In doing so, he jeopardized a dreadful job of that. apparently also wishes to have time. one of the fundamental foundations of I have been to Iraq a number of Could we put the Senator from New any national policy, and that is public times, as my colleagues have. You ar- Jersey in after the Senator from Penn- support. I believe the American people rive there and they proudly announce sylvania? Why don’t we set up the next were listening closely, waiting for a they are going to have provisional re- three Senators on this side to be Sen- sign that the President finally got it construction teams all over the coun- ator REED, Senator SCHUMER, and then and that he was going to begin to con- try. Suddenly you discover months Senator SPECTER, and then Senator duct an orderly phased withdrawal and later that their goal of 20 was really 10, MENENDEZ. concentrate on the other critical mis- and now they have just about 10 but Mr. DORGAN. Mr. President, if I sions of training Iraqi forces and going not fully staffed and not fully func- could be added following the last after terrorists who are much more im- tional. Democratic speaker who was men- portant to our long-term security. They are still trying to get it right. tioned, I would appreciate it. They did not hear that in his speech. It Again, any military officer will tell The PRESIDING OFFICER. Is there is no surprise to me that their con- you that military forces in a counter- objection? Without objection, it is so tinuing lack of confidence in the ad- insurgency buys time. The decisive ac- ordered. The Senator from Rhode Is- ministration has been translated into a tion is by political and economic land is recognized. lack of confidence in our prospects in progress, to give the citizens, the peo- Mr. REED. Mr. President, we are en- Iraq. ple of Iraq, tangible proof that their fu- gaged in a debate that will be critical I think the American people are ture lies with a legitimate government to the future of this country. We have looking for a policy they can support, and not those who seek to undermine.

VerDate Aug 31 2005 00:18 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.029 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3095 Yet, repeatedly, when you strip away things. The government, of course, cre- the troops. We are walking the walk the President’s proposal, it is just more ated a terrible drama, almost, when and putting our money where our troops, without the real enablers, the they could not complete the execution mouth is. real decisive factors of economic, polit- of Saddam Hussein in a way that would So, sadly, our colleagues on the other ical, reconstruction and reconciliation. have conformed to how it should have side, instead of joining us in this de- So, again, I think this is exactly the been done. So their government is in- bate, often seek to thwart it, as they right course to pursue. It is a course competent. It is also controlled, in did last time. I hope they will not do that we must pursue. I have a great large part, by someone we do not like, that again because America is demand- deal more to say about this issue. I no- Sadr. The Sadr party is the Prime Min- ing debate. We hope they will come to- tice my colleague from New York has ister’s base. He cannot do anything, gether with us, as we did last year in arrived. Under the arrangement even should he want to, in terms of ac- the Levin-Reid resolution, in a bipar- worked out with Senator LEVIN, I will tually bringing peace and creating a tisan change of mission. That is what yield the floor so he may speak in the government that is friendly to Amer- the people are asking for. order established. There is much more ica. I know my colleagues on the other to be said, and I hope I have the oppor- So here we are with this escalation, a side are in an uncomfortable position. tunity to do so. surge to bolster a government we don’t They are torn between the policy of I yield the floor. like or trust. Here we are, instead of our President, their party leader, and The PRESIDING OFFICER. The Sen- fighting terrorism, policing a civil war. what their constituencies want. By the ator from New York is recognized. The American people know that. We way, the constituencies across America Mr. SCHUMER. Mr. President, first, I have seen all of the data and all of the want this. I have seen the polling data. thank my colleagues from Rhode Is- polls. The overwhelming majority does It is not just in places such as Rhode land and Michigan for yielding me not support the President in Iraq. So Island, New York, and Pennsylvania some time. I appreciate it. Their exper- we need a change in strategy. Sub- where the people are asking for a real tise in this area has been invaluable stance dictates it, people see it, and change in strategy; it is also in places not only to the Senate but to all Amer- our job in the Senate is to do that. such as Kentucky, North Carolina, and icans. I could not think of two people That is what we are attempting to do Mississippi. It is throughout America. who have shown light more on this in this debate. They are not doing it because they issue than the Senator from Michigan The proposal that most of us on this don’t support the troops or for some and the Senator from Rhode Island. side of the aisle are behind is a very nefarious reason. They are doing it for Where are we now, Mr. President? simple one. We require the President to a reason that is as plain as the noses on Somehow—and there will be many de- change strategy. Instead of policing a our faces: what we are doing now is not bates as to how—what we are doing in civil war, fighting a civil war, our working—whether it be with 140,000 or Iraq has largely evolved into fighting a troops should have the far more lim- 150,000, 160,000, or 200,000 troops. civil war, into patrolling a civil war, ited mission of protecting us in Amer- So we are here in the hallowed tradi- into policing a civil war, and, yes, into ica from terrorism. That means that if tion of our Constitution to debate what fighting it at times. The age-old en- al-Qaida sets up a base anywhere in we are doing in foreign policy and war mity between the Sunnis and Shiites, Iraq, we should take it out—do what it policy and whether it is right. We will of course, has exploded. Once Saddam takes to take it out. But it doesn’t stand together on this side of the aisle Hussein was gone, it was perhaps inevi- mean that our soldiers should be pa- and state that, as patriots who support table that it would occur, particularly trolling the streets of Baghdad simply our troops, we desperately need a without any real authority in large because the Sunnis and Shiites are change in strategy and in mission. We parts of the country. fighting with each other. That will re- will bring up this issue on the floor of Most of what our soldiers are doing, quire a change in mission and will re- the Senate again and again and again, and most of those who come back from quire fewer troops, and those troops until our colleagues on the other side making the ultimate sacrifice, dying or need not be in harm’s way. It makes join us, until our colleagues on the making a large sacrifice by being eminent sense. other side understand that the wishes wounded, are doing is not fighting ter- We set a deadline of a little more of their constituencies are for a change rorism but, rather, policing, patrolling, than a year from now, during which in strategy, until our colleagues on the and even fighting in a civil war. That is time the mission will have changed. other side have the courage to tell the not what the American people bar- The number of troops will be greatly President that on this issue he simply gained for. That is not what President reduced. We don’t set a number. That is wrong. That is part of the hallowed Bush stated when we began going into is up to the President. It is our job in tradition of this country. We are proud Iraq. In fact, he has never stated that. the Congress to debate missions and to do what we are doing. Now they say we need to bring order the broad context of foreign policy and Mr. President, I hope and pray that to allow their government to work, but then, should we pass a law, have the our colleagues on the other side of the that is a fallacious argument for two President carry out the details. aisle will allow this debate to go for- reasons. First, we may bring tem- Now, some on the other side have ward, that they will put forward their porary order to Iraq but, make no mis- said that any debate means you are not ideas, and we will put forward ours. De- take about it—you don’t have to be a supporting the troops. Well, I have bate it we will and debate it we must. Ph.D. in middle eastern studies to real- talked to the troops—to generals and I hope and pray that debate starts to ize that the minute our troops leave, enlisted men and women. They want yield the change in strategy that our whether it is 3 months or 3 years, the debate, Mr. President. The more dema- troops in Iraq, our people in America, fighting between the Sunnis and the gogic the other side is, saying if there the Iraqi people, and the people of the Shiites will continue. We will have lost is a debate, you are not supporting the world so desperately need. lives, and men and women will have troops—frankly, that is not the Amer- With that, I thank my colleague from lost limbs, but not much will have ican way. Of course, we debate issues. Rhode Island for the time. changed—even in the medium term. In fact, their view is that basically the I yield the floor. Second, the absurdity of what we are only way to support the troops is to The PRESIDING OFFICER. The Sen- doing is shown by this: We are sending rubberstamp the President’s policy. We ator from Pennsylvania is recognized. more troops to create a temporary don’t agree with that. We are sup- Mr. SPECTER. Mr. President, the peace to bolster a government that we porting the troops. We are supporting Senate has now commenced the debate don’t trust, like, or believe in. Prime the troops when they are in the field by on an issue of great importance, really Minister Maliki is almost universally trying to get them the body armor and of historic importance, which chal- regarded poorly, not just at this end of humvees and blood-clotting bandages lenges us on the issue of what course of Pennsylvania Avenue but at the other they have not had. We are supporting action we should take in Iraq, in a very end as well. Their government seems them when they come home by trying complex factual situation, and chal- incompetent. The government seems to fully fund the Veterans’ Administra- lenges us on what our authority is unable to accomplish the most basic tion. Don’t talk to us about supporting under the Constitution, contrasted

VerDate Aug 31 2005 00:18 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.031 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3096 CONGRESSIONAL RECORD — SENATE March 14, 2007 with the President’s authority as Com- not sufficiently definitive to come to jeopardize the troops who are serving mander in Chief. any conclusion, but if there was a sign in Iraq. On the factual issue, when we look at on the military side that we could see The President’s powers as Com- the resolution, which calls for the improvement and see a path to victory, mander in Chief have been the subject phased redeployment of the U.S. forces that would have a material bearing on of judicial interpretation. In the case from Iraq not later than 120 days after what this body would do or at least on of Fleming v. Page—it goes back a long enactment of this joint resolution, the thinking of this Senator. way to 1850—but the Supreme Court with the goal of deploying by March 31, The resolution calls for a comprehen- said: 2008, all U.S. combat forces, except for sive strategy, and it defines it as ‘‘dip- As commander-in-chief, he is authorized to three purposes: one, to protect the U.S. lomatic, political, and economic strat- direct the movements of the naval and mili- and coalition personnel and infrastruc- egy that includes sustained engage- tary forces placed by law at his command, ture; second, training and equipping ment with Iraq’s neighbors and the and to employ them in the manner he may Iraqi forces; third, conducting targeted international community for the pur- deem most effectual to harass and conquer counterterrorism operations. pose of working collectively to bring and subdue the enemy. We are setting a deadline and our op- stability to Iraq.’’ On the face of that statement by the ponents simply have to wait us out. I was pleased to hear the testimony Nation’s highest Court, there is a real They know if they can hold on until of Secretary of State Condoleezza Rice, question as to whether Congress has March 31, 2008, a little more than a when she appeared before the Appro- the constitutional authority to order year from now, we will be leaving, ex- priations Committee on which I sit on the ‘‘phased redeployment of the cept for those stated limited purposes. February 27, 2007, announcing the ini- United States forces from Iraq.’’ That is not a very desirable course of tiative of an international conference The Supreme Court dealt with the conduct. to be held in Baghdad and announcing issue on the power of the purse in the It is equally undesirable, however, to for the first time that there would be case of United States v. Lovett in 1946, view the current situation in Iraq, negotiations by the United States in a holding that Congress cannot use its which looks like an endless tunnel—a conference which included Iran and appropriations power indirectly to ac- tunnel without a light at the end. You Syria, which I think is a very impor- complish an unconstitutional objec- cannot see the end of the tunnel and, tant and sensible change in the foreign tive. certainly, there is no light at the end policy of the United States. So that brings into play squarely of the tunnel in terms of what we can We saw the results in North Korea what is the constitutional authority of do. where we faced a very difficult situa- the President as Commander in Chief. Last month, the House of Represent- tion with North Korea possessing nu- I think it is most unwise for Congress atives passed a nonbinding resolution clear weapons and the various tests to even broach the subject of micro- expressing displeasure, objecting to the they had undertaken. We saw the mul- management of the war. When Con- President’s course of action in Iraq. tilateral discussions and then, more gressman MURTHA suggested some time Last November, in the election, the importantly, saw bilateral talks be- ago that funding be conditioned on a American people spoke in a resounding tween the United States and North whole series of requirements, it bore manner, in a way that could only ra- Korea, which Secretary of State Rice all the earmarks of micromanagement tionally be interpreted as rejecting the obtained the authority of the President of the war. conduct of the war in Iraq. We are to engage in those direct bilateral The resolution at hand calling for a faced with very considerable discom- talks so when she was traveling over- redeployment may well cross that line fort in this body. How it will resolve seas, she did not go through the normal of micromanagement of the war. It is itself remains to be seen. I think it is vetting and analytical processes in unclear. But there remains the very very important that we debate this Washington which might well have deep concern in the country, expressed matter, that we exchange our views, stopped that direct bilateral discus- by the electorate last November, ex- that we stimulate discussions that will sion. It did occur, and it appears to pressed by citizens across the country go beyond this Chamber and will re- have been instrumental in working out that reflected in the resolution passed sound throughout the country, resound what may well be a diplomatic answer. by the House of Representatives last throughout the editorial pages and the It appears that way at the present month objecting to the administra- television and radio talk shows, and by time, although no one can ever be sure tion’s conduct of the war and consider- our colleagues in the corridors and in in dealing with North Korea. able sentiment in this body so that we the cloakroom so that we can try to I would like to have an up-to-date are searching for a way to approach work our way through an extraor- evaluation—and I am seeking one— this issue rationally. dinarily difficult situation where, as I from the Department of State as to We have to face up to the con- see it, there is no good answer between what is happening with those negotia- sequence that if we acknowledge defeat the two intractable alternatives to set tions. Candidly, it is pretty hard when in Iraq, there are very disastrous con- a timetable where our opponents sim- we have one of our sessions in room 407 sequences which will flow from that, ply have to wait us out or to keep pro- upstairs, which is the secret room disastrous consequences in the region, ceeding down a tunnel which, at least where we are briefed. We very seldom the issue of whether the terrorists will at this juncture, appears to be endless get much information there. I think it come at least in part from the Mideast and has no light. We don’t know where would be very useful if we could find to threaten us on the homeland. But, the end is, let alone to have a light at information to bring us up to date as at the same time, we have to recognize the end of the tunnel. to what progress, if any, the adminis- that when the President laid down two What I am trying to do at the mo- tration is making. I know, to repeat, it markers in his State of the Union ment is to get from the administration, would be very influential on my think- speech earlier this year, that the Iraqis from the Department of Defense, and ing as to what course I will take when accomplish two objectives: One, to sta- the Department of State an evaluation the roll is called on these resolutions. bilize Baghdad, and, two, to end sec- of what has happened since General Beyond the evaluation of the factual tarian violence. The Iraqis have not Petraeus briefed us on what he in- situation, there are very complex legal shown either the capacity or the will tended to do before he returned to Iraq questions involved in what is the au- to accomplish those two prerequisites several weeks ago. There have been thority of Congress. The resolution which the President set down as mini- some preliminary reports that the does not call upon the congressional mal markers. strategy employed by General Petraeus constitutional authority on appropria- My thinking is we ought to delib- is producing results. There have been tions or the so-called power of the erate on this subject. We ought to hear some commentaries. purse. We know there is authority in each other out, and we ought to seek The Washington Post last Sunday in the Congress to cut off funding. I think updated information from the adminis- an op-ed suggested things are improv- there is unanimous agreement that we tration to see whether there are any ing. Reports by NBC’s Brian Williams should not even broach the issue cut- signs, in the several weeks since Gen- suggest that matters are improving, ting off funding if in any way it would eral Petraeus has undertaken the new

VerDate Aug 31 2005 00:18 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.032 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3097 strategy, whether there are any indica- A difficulty the Congress faces is under- may be relevant that the President does not tions of what may lie ahead on the ne- standing precisely the contours of our power have to approve a Congressional Declaration gotiations, now that there have been to limit the President’s constitutional au- of war. History demonstrates that the Congress contacts by the United States with Ira- thority as Commander-in-Chief. As we know, the Congress’ war powers are articulated in has previously acted to restrain the Presi- nian officials and presumably also with Article I, 10–16. Chief among those powers is dent through threats to cut funding or pro- Syrian officials. the Congress’ exclusive authority to declare posed budgetary requirements. In Federalist I would like to see this Chamber war. James Madison wrote: ‘‘In no part of No. 58, James Madison explained that the filled with Senators when we under- the constitution more wisdom to be found, power of the purse represents the ‘‘most take this debate. I recollect the debate than in the clause which confides the ques- complete and effectual weapon with which we had back in 1991, which was classi- tion of war or peace to the legislature, and any constitution can arm the immediate rep- fied as historic, when we decided to not to the executive department.’’ Alexander resentative of the people, for obtaining a re- pass a resolution authorizing the use of Hamilton & James Madison, Letters of dress of every grievance, and for carrying force. I know we are all very busy. I am Pacificus and Helvidius on the Proclamation into effect every just and salutary measure.’’ Madison explained that the Congress would about to go to a hearing of a sub- of Neutrality of 1793, at 89 (James Madison) (Washington, D.C., J. Gideon & G.S. Gideon ‘‘hold the purse—that powerful instrument committee on Labor, Health, Human 1845). Originally, the Constitution’s Framers by which we behold, in the history of the Services, and Education. This issue proposed that Congress enjoy the power to British Constitution, an infant and humble warrants the close attention of the ‘‘make’’ war. The word ‘‘make’’ was changed representation of the people gradually en- Senate. We have been called the to ‘‘declare,’’ however, because it was argued larging the sphere of its activities and im- world’s greatest deliberative body, and that the term ‘‘make’’ might be understood portance, and finally reducing, as far as it this issue now will give us a chance to to mean ‘‘conduct,’’ and a war’s conduct was seems to have wished, all the overgrown pre- see if we are entitled to that lofty title. determined to be an exclusively executive rogatives of the other branches of govern- Mr. President, I ask unanimous con- function. While the declaration and funding ment.’’ sent that a letter I sent to the chair- of war was consigned to the Congress, the ac- As early as Teddy Roosevelt’s administra- tual conduct of the war on the battlefield tion, ‘‘Congress conditioned appropriations man of the Judiciary Committee, out- on a minimum of eight percent of detach- lining underlying legal issues in the de- was left to the President, acting as Com- mander-in-Chief. ments aboard naval vessels being marines.’’ bate we are now undertaking, be print- The Congress is not necessarily sidelined Charles Tiefer, Can Appropriation Riders ed in the RECORD. once a war begins, however. The Congress Speed Our Exit From Iraq?, 42 Stan. J. Int’l There being no objection, the mate- can also exercise control over military ven- L. 291, 302 (2006). This represents a specific rial was ordered to be printed in the tures through its power of the purse, cap- action by the Congress to control a quite RECORD, as follows: tured in Article I, § 8, cl. 1 and Article I, § 9, specific aspect of warfare; namely, the com- cl. 7, and in its exercise of the Necessary and position of the troop on a naval vessel. U.S. SENATE Perhaps the most compelling precedent to Washington, DC, February 20, 2007. Proper clause. The Constitutional provisions outlining Congress’ and the President’s war illustrate Congress’ authority to place legis- Chairman PATRICK LEAHY, powers reflect a structural system of checks lative conditions and withdraw funds to ef- Senate Judiciary Committee, and balances. fectuate the end of a war are the actions Washington, DC. Nevertheless, there is considerable division taken by the Congress during the later half DEAR PAT: I write to ask you to hold addi- over the extent the Congress can exercise of the Vietnam War. The Congress success- tional hearings into the constitutional au- control over the President’s war powers au- fully exercised its spending power to restrict thority of the Congress to place restrictions thority. Some prominent academics argue action in Vietnam on at least three separate on the President’s power as Commander-in- Chief to prosecute the war in Iraq. Since that there are a number of war powers con- other occasions. The Special Foreign Assist- there is considerable public discussion on the ferred on Congress that allow ongoing regu- ance Act of 1971, P.L. 91–652, prohibited the scope of Congress’s constitutional authority latory authority with respect to the conduct use of funds authorized or appropriated by it to limit the President’s conduct in the war of war. This view advocates that Congress’ or any other Act ‘‘to finance the introduc- in Iraq, and the Attorney General has not re- authority to control military policy is ple- tion of United States ground combat troops sponded to our joint letter of January 30, nary, extending to the deployment of troops, into Cambodia or to provide U.S. advisors to asking for the Administration’s legal author- the battlefields to choose, and the training or for Cambodian military forces in Cam- ity for the President’s actions in Iraq, I and regulation of soldiers. bodia.’’ The second Supplemental Appropria- write to request early additional Judiciary Other commentators, however, believe that tions Act for fiscal year 1973, P.L. 93–50 cut Committee hearings on these issues. Time is the only congressional control over wartime off funding for combat activities in Indo- of the essence because these matters are policy is the appropriations power and that china after August 15, 1973. The Continuing coming to a head and there may soon be it remains constitutional to use the appro- Appropriations Resolution for fiscal year floor action on legislation, especially in the priations power to limit the breadth and 1974, P.L. 93–52, specifically disallowed the House. scope of military deployment so long as such use of appropriated funds to finance U.S. As you will note, this letter goes into some limitation does not impede constitutional combat activities in or from North Vietnam, detail on legislative precedents, judicial de- presidential war powers. Any effort to tell South Vietnam, Laos, or Cambodia. cisions and commentaries by constitutional the President how many troops to send to Finally, the Foreign Assistance Act of 1974 experts to put into public discourse some Iraq or how to fight the war, they would all but eliminated the U.S. personnel pres- background on these complex matters in ad- argue, amounts to an unconstitutional usur- ence at the close of the Vietnam War. Sec- vance of the purposed hearings. Many people pation of the President’s authority. tion 38(f)(1) set a ceiling for the total number have called upon the Congress to set time ta- The question remains as to where the of U.S. personnel in Vietnam, ordering a bles for bringing the troops home or to cut President’s authority to conduct an already drop to 4,000 within six months and 3,000 funding for the anned forces as a means of engaged war ends, and Congress’ supervisory within a year. Although President Ford ex- preventing the President from deploying an authority begins. It is asserted that the pressed his reservations in a December 30, additional 21,500 troops in Iraq. Last Friday Framers intended, by vesting the Com- 1974 signing statement, he nevertheless the House of Representatives recently adopt- mander-in-Chief power in the President, to signed the Act into law. ed a non-binding resolution indicating that give him the sole authority to conduct war. More recently, the Department of Defense body’s disapproval of the President’s mili- Conducting war arguably includes the power Appropriations Act for fiscal year 1994, P.L. tary strategy in Iraq. Others have pressed for to direct the movement of troops and to em- 103–139, approved the use of U.S. troops to more direct action, proposing legislation to ploy them as he determines necessary to protect U.N. units in Somalia, but specifi- reduce military appropriations until the conduct war. Chief Justice Taney in Fleming cally cut off funding after March 31, 1994. President agrees to change course. v. Page stated ‘‘As commander-in-chief, he is Similarly, the Defense Appropriations Act Representative John Murtha outlined a authorized to direct the movements of the for fiscal year 1995, P.L. 103–335, provided plan to halt the so-called surge by proposing naval and military forces placed by law at that, with a narrow exception ‘‘None of the to insert conditions in the forthcoming sup- his command, and to employ them in the funds appropriated by this Act may be used plemental appropriations bill to prevent the manner he may deem most effectual to har- for the continuous presence in Somalia. . . President from (1) deploying troops, until ass and conquer and subdue the enemy.’’ (50 after September 30, 1994.’’ they have meet certain readiness standards; U.S. 603, (1850)). I question whether, absent Nevertheless, I understand that congres- (2) redeploying troops, until they have been use of the appropriations power, the only sional power of the purse is not unlimited at home for at least one year; and (3) extend- choice for the Congress is a total repeal of and the Congress cannot exercise its author- ing tours beyond one year. the authorization to use military force in ity in contravention of the Constitution. (Movecongress.org, Feb. 15, 2007, http:// Iraq. What remains unclear, however, is what www.movecongress.org/content/index.php). If Congress acts to repeal the authoriza- types of conditions the Congress may impose While these proposals may differ in sub- tion to use force in Iraq, the question may are unconstitutional. In United States v. stance, they represent Congressional pro- arise whether the President may veto that Lovett, 328 U.S. 303 (1946), for example, the posals for the President to change course. action requiring a two-thirds override. It Supreme Court held that Congress cannot

VerDate Aug 31 2005 00:18 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.034 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3098 CONGRESSIONAL RECORD — SENATE March 14, 2007 use its appropriations power indirectly to ac- the use of force ‘‘to. . . (1) defend the na- people today. The Congress cannot be pushed complish an unconstitutional objective. It tional security of the United States against to the sidelines as the President commits remains unclear as to how far Congress can the continuing threat posed by Iraq; and (2) more troops and ever increasing funds to an go in controlling the President through its enforce all relevant United Nations Security engagement that commands uncertain sup- exercise of the power of purse. One scholar Council resolutions regarding Iraq.’’ Author- port. We have an obligation to determine stated during her testimony before the Sen- ization for Use of Military Force Against how, within appropriate constitutional con- ate Judiciary Committee that ‘‘[r]eliance on Iraq, Pub. L. 107–243, § 3(a), 116 Stat. 1498 straints, we may engage the President and the power of the purse alone as a check on (Oct. 16, 2002). ensure that the will of the American people executive war power. . . can be an overly The debate over the Congress’ wartime au- regarding this conflict is heard. To this end, blunt and sometimes ineffective tool for ex- thority runs deep. Walter Dellinger, former it would be in the public interest for the Ju- pressing the will of Congress. Limiting or Assistant Attorney General for the Justice diciary Committee to conduct a series of cutting off funds after forces have already Department’s Office of Legal Counsel offered hearings to determine the constitutional au- been committed is problematic because it a legal opinion to the President explaining: thority of the Congress to limit conduct of undercuts both troops in the field and Amer- ‘‘[t]rue, Congress has the power to lay down the war. ica’s credibility with her allies.’’(Testimony general rules creating and regulating ‘‘the At the same time, we must be unwavering by Ms. Jane Stromseth, Professor of Law, framework of the Military Establishment; in our support of the men and women in the Georgetown University, before the Senate but such framework rules may not unduly field who are so honorably seeking to carry Judiciary Subcommittee on Constitutional, constrain or inhibit the President’s author- the torch of freedom throughout the world. Federalism, and Property, titled ‘‘Applica- ity to make and to implement the decisions Even as some may doubt the efficacy of the tion of War Powers Act to War on Ter- that he deems necessary or advisable for the President’s conduct of the war, no one rorism’’, April 17, 2002). successful conduct of military missions in doubts the professionalism, integrity, and As a consequence, Congress may turn to the field, including the choice of particular dedication of our troops in the field. other means to regulate the conduct of war. persons to perform specific command func- Sincerely, Article I, Section 8 of the Constitution tions in those missions.’’ (Citations omit- ARLEN SPECTER. grants Congress the authority to raise and to ted). regulate armies and navies. Although this The memorandum was written in response Mr. SPECTER. I thank the Chair and has traditionally been understood as the to questions on whether Congress could bar yield the floor. power to create rules governing the armed President Clinton from putting American The ACTING PRESIDENT pro tem- forces, Alexander Hamilton suggests in Fed- forces under foreign (specifically the United pore. The Senator from New Jersey is eralist 69 that the Congress may possess the Nations) command and ban appropriated recognized. authority to dispatch those forces. Essen- funds for such purposes. Dellinger deter- Mr. MENENDEZ. Mr. President, I tially, the President is ‘‘raising’’ an addi- mined that this was an infringement on the tional twenty thousand troops to go to Iraq. Commander-in-Chief clause. He wrote, ‘‘The rise today to support the resolution on Arguably, Congress could pass a law, pursu- proposed [House] amendment unconsti- which I hope we will have an oppor- ant to its authority to raise and to regulate tutionally constrains the President’s exer- tunity to vote. As we hear this debate, the services, that would forbid the President cise of his constitutional authority as Com- it is a good debate that should move from ‘‘raising’’ those forces and dispatching mander-in-Chief. Further, it undermines his forward. I hope we will actually get to them overseas. constitutional role as the United States’ rep- vote on the resolution. For example, at the end of the 18th Cen- resentative in foreign relations. While ‘[t]he I am amazed at some of our col- tury, Congress passed a number of statutes constitutional power of Congress to raise and leagues who would suggest that this authorizing limited military engagement support armies and to make all laws nec- with France in the so-called ‘‘Quasi War.’’ essary and proper to that end is broad and debate shouldn’t even take place. The See Louis Fisher, Presidential War Power 24 sweeping,’’ Congress may not deploy that Senate, the greatest marketplace of (2d ed. 2004). In 1798, the Congress authorized power so as to exercise functions constitu- ideas, the clash of ideas, should be the the President ‘‘to instruct and direct the tionally committed to the Executive alone, place in which one of the most momen- commanders of the armed vessels belonging for that would ‘‘pose a ‘danger of congres- tous issues facing the Nation should to the United States’’ to seize French vessels sional usurpation of Executive Branch func- have the opportunity for those 100 Sen- that were disrupting United States com- tions.’’’ ators, elected by their constituencies merce. 1 Stat. 561 (May 28, 1798). The Con- Nor may Congress legislate in a manner gress limited both the kind of force the that ‘‘ ‘impermissibly undermine[s]’ the pow- across the country, to come and not President could use (the navy only) and the ers of the Executive Branch, or ‘disrupts the only debate but cast a vote so that the areas where he could use it (our coastal wa- proper balance between the coordinate American people know which way the ters, at first, and then the high seas).’’ The branches [by] prevent[ing] the Executive Senate intends to lead on this question Constitution Project, Deciding to Use Force Branch from accomplishing its constitu- of changing the course in Iraq. Abroad: War Powers in a System of Checks tionally assigned functions.’. Even though What we seek to do is put forward a and Balances 15 (2005). In fact, the Supreme there are areas in which both Congress and new direction and a clear plan for Court found that Congress had only author- the President have a constitutional voice, Iraq—a clear plan that is very different ized seizure of vessels traveling to French and in which Congress, therefore, may rely ports, not from French ports. Little v. on its own constitutional authority to seek than the President’s current plans to Barreme, 6 U.S. (2 Cranch) 170, 179 (1804). to guide and constrain presidential choices, escalate the war in Iraq. We have a Similarly, during the reconstruction fol- it may not impose constraints in the areas plan that, if effectuated, would end the lowing the Civil War, Congress attached a that the Constitution commits exclusively war in Iraq. rider on an 1867 military appropriations bill to the President.’’ (Citations omitted). Our plan is relatively straight- providing that the ‘‘orders of the president More recently, Professor Dellinger joined a forward and says: One, our troops and secretary of war to the army should only letter signed by 23 law professors to the Con- should leave Iraq by March 31, 2008, be given through the general of the army gress distinguishing the arguments made in with a small number remaining to help (Gen. Grant); [and] that the latter should not his earlier memorandum with his position be relieved, removed or transferred from today that Congress is well within its con- with security and counterterrorism. Washington without the previous approval of stitutional powers to limit the scope and du- Those who say we shouldn’t have any the senate.’’ Alexander Johnston, Riders (in ration of the war in Iraq. He wrote: ‘‘Con- date because the enemy will outwait U.S. History), in III Cyclopedia of Political gress may by legislation determine the ob- us, we see that Sadr’s militias have al- Science, Political Economy, and of the Polit- jective for which military force may be used, ready retracted, that they are already ical History of the United States By the Best define the geographic scope of the military willing to spend the time to wait until American and European Authors, 147.7 (John conflict and determine whether to end the it is propitious to strike. J. Lalor ed., 1899), available at http:// authorization to use military force . . . I be- Two, we should start the process of oll.libertyfund.org/ToC/0216–03.php. And, in lieve that the President has extensive inher- 1878, Congress passed the Posse Comitatus ent powers to protect and defend the United leaving within 120 days. Act, ch. 263, § 15, 20 Stat 145, 152 (codified at States. In the absence of any congressional Three, our troops’ mission should im- 18 U.S.C. § 1385), which restricted the Presi- legislation on point, I would often presume mediately change to the priority of dent’s ability to use the military for police that the President can act of his own author- training—priority of training—Iraqi se- actions in the United States by imposing ity and pursuant to his own judgment in curity forces, focusing on counterter- criminal penalties on the troops themselves. matters of national security. Once Congress rorism. Even with respect to the present conflict, has acted, however, the issue is fundamen- I heard some of our colleagues talk the Congress placed restrictions on the tally different. The question then becomes about that element of al-Qaida in President’s use of force in Iraq, requiring whether the Act of Congress is itself uncon- him to certify that diplomatic means are institutional.’’ Anbar Province. Well, that is 5,000 or sufficient and that the use of force will not The debate over the Iraq war is the most so. We have roughly 140,000 troops, and impede the war on terrorism, and limiting important issue confronting the American 140,000 U.S. troops could certainly take

VerDate Aug 31 2005 00:18 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.009 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3099 care of 5,000 elements of al-Qaida in It is only by setting a clear time- security interest of the United States. Iraq and protecting U.S. personnel in frame for our troops to leave that the Our troops are caught in the middle of Iraq. Or we should take all these steps international community will take its a civil war they can’t solve. Adding as part of a comprehensive diplomatic responsible and necessary role in Iraq. more troops will only put them more plan, working with Iraq’s neighbors Right now, the international commu- directly in the middle of an Iraqi fight. and our allies to bring stability to Iraq. nity sees this as America’s war. Once Keeping our troops there or adding I support this plan. I would like to we make it clear we will not be there more troops is trying to solve a polit- see it be much more than a goal. I permanently or indefinitely, they, too, ical problem with a military solution. would like to see it move more along will have an incentive in getting in- I have heard General Pace and others the lines of a mandate. I support the volved to help preserve security in a rein the past say: You know, we have to plan because it matches the goals of gion that is incredibly important to get the Iraqis to love their children the Iraq Study Group, a bipartisan them, much closer to Europe than the more than they hate their neighbors. group that met unanimously, agreed United States. By setting a clear time- That is a powerful truism. We have to upon all of its recommendations, and frame for our troops to leave, we actu- get the Iraqis to love their children who said that U.S. combat forces ally motivate Iraq’s neighbors and the more than they hate their neighbors. international community to take the should leave Iraq by the end of March That, however, cannot be accomplished steps necessary to stabilize Iraq. 2008. by military might. That is accom- I know some of my colleagues have Let me be clear, for my friends who plished by reconciliation measures. mentioned comments made by Demo- are saying we shouldn’t vote for this crats in previous statements. Well, I resolution. They say we shouldn’t try That is accomplished by confidence- would point out that this was a bipar- to micromanage the war. No one is try- building measures. That is accom- tisan group and it had prominent Re- ing to micromanage a war. There is a plished by revenue sharing. That is ac- publicans on it, such as former Sec- constitutional responsibility by Mem- complished by power sharing. It cannot retary of State James Baker, Lawrence bers of the Senate to act as a legisla- be accomplished at the point of a gun. Eagleburger, Ed Meese, Sandra Day tive body. I say the era of blank It cannot be accomplished at the point O’Connor, and Alan Simpson. They all checks, both in lives and national of a gun. came to the conclusion, as we have in treasure, is over. They say don’t micro- Staying there would only continue to this resolution, that, in fact, our goal manage the war. Well, you have had a empower and embolden Iran, a country should be to have our troops out by blank check under this administration. that has turned out to be, by many ex- March of 2008. You have rubberstamped everything perts who have testified before the Sen- I support the plan because it transi- they have wanted, with virtually no ate Committee on Foreign Relations, tions the mission for our troops, in- oversight, until this new Congress one of the biggest winners in our war stead of keeping them fighting in the started. That is not the responsible ex- with Iraq. Staying in Iraq actually middle of a civil war. I support the plan ercise of the Senate. They say slow keeps the Iraqis from making the hard because it sets a clear timeframe for bleed. How about the endless bleeding choices, compromises, and negotiations our troops to leave Iraq. In my mind, going on now? necessary to achieve a government of unlike the way in which our opponents Let me take a moment to talk about national unity. in this regard pass a negative light on the President’s plan to escalate the Frankly, what we hear from the a timeframe, I think a timeframe is war and stay there without any time- other side doesn’t make sense to me. the most powerful element to achieve frames that bind. First, let’s be frank. They talk about victory. What is the success in Iraq. It is only by setting a I simply don’t believe the recent esca- definition of victory? Is it when the clear timeframe for our troops to leave lation of troops in Iraq is a temporary President landed on the aircraft car- that Iraqis will have to take the re- surge. I believe it is a long-term esca- rier, fully decked out, and said, ‘‘Mis- sponsibility for security in their coun- lation. Even General Petraeus has said sion accomplished’’? Is it the many we are in it for the long haul, and that, try and to work out their political times we have heard the administra- to me, is undefined. power struggles. tion say, victory is right around the I wish this administration would be Some of these hearings that I have corner? How many lives, how much na- been part of in the Senate Committee honest with the American people and the Congress about the total cost of tional treasure, what victory are we on Foreign Relations, you hear how so talking about? They talk about bench- much of the struggle among Iraqis is the escalation and the total number of troops needed for the escalation. I sit marks for the Iraqis, but they set no about political power. Is it the mission consequences. Benchmarks without of the U.S. troops, the sons and daugh- as a member of the Budget Committee, and we had the Deputy Secretary of consequences are simply aspirations, ters of America, to sit in the crossfire nothing more. as people are pursuing political power? the Department of Defense, Mr. Eng- Victory. How many lives must we I think not. land, testifying in a hearing. I said to Unless we have the Iraqis understand him: If the chairman would put you lose? How much more money must we this is not an open-ended commitment, under oath, would you say that the $5.6 spend? How long will we be in this war they will never make the hard choices, billion that you want in addition for under a plan without end of the Presi- compromises, and negotiations nec- the escalation of the war would be the dent? I believe it is long past time to essary for a government of national total amount; the total cost? He told change the course in Iraq. That is why unity, if that is possible. They will me: Yes, even if I was under oath it this vote to allow us to move forward, never get there so long as they believe would be roughly that amount. Of to allow us to have a final vote on we will shed the blood and our national course, depending on the needs of the changing the course in Iraq and laying treasure in an unlimited fashion. It is commanders. And then that weekend— out a plan that can create the best pos- only by setting a clear timeframe for that weekend, after the hearing—the sibility for victory in Iraq is essential, our troops to leave that Iraq’s neigh- administration said they needed an- and that is what I hope we will do be- bors will start to take responsibility other $2 billion. They needed $2 billion tween today and tomorrow. for ending the chaos inside of Iraq. more over a weekend? That is not a Finally, in the time it takes me to Right now, that violence hasn’t small amount of money that he didn’t finish my remarks this afternoon, the reached the tipping point for them to know about. We are also told the ad- United States will have spent over $2 get Iraq’s neighbors involved. Ulti- ministration will need more troops, million on the Iraq war today. Our Na- mately, it is not in their national secu- and there may be additional billions tion spends over $8 billion a month in rity interest to have the conflict spill added to the supplemental. Each time Iraq. We spend $2 billion a week in across their borders and have Iraq dis- we ask, we get a different answer. I, for Iraq. We spend $280 million every day. integrate, but they do not yet feel the one, would like a clear and honest an- And the loss in money pales, pales in pressure to do this. By setting a date swer for the total number of troops and comparison to our Nation’s loss of our certain to leave, we create a new incen- the total cost of the troop escalation. best and our brightest, with almost tive for Iraq’s neighbors to help quell Staying indefinitely in Iraq isn’t in 3,200 lives lost in the conflict and over the violence. the national interest or the national 24,000 who have been wounded.

VerDate Aug 31 2005 00:18 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.038 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3100 CONGRESSIONAL RECORD — SENATE March 14, 2007 I visited them again this past week- pressed their will last November, a groups together, but we always see— end in New Jersey at the Veterans Hos- point that seems to elude many Mem- just in the demonstrations in the reli- pital at Fort Dix. I listen to the stories bers of this Chamber. The American gious holidays recently reenacting that they tell me, especially now as they people have the will, they have the battle, establishing the Shiite sect as face challenges in this part of their nerve. What they no longer have is pa- one that is separated from the Sunnis— life. I know that may be another sub- tience with this administration and the they have been at it ever since. So, ject matter, but it is something for continued failed policy in Iraq, and when you have a country that has which we have to be responsible. A they are losing patience with Members those two sects, they have been at each grateful Nation does not just say they of this body. other’s throats and you find that order are grateful, a grateful Nation takes It is time for the Senate to take a has been maintained, in the case of care of those who serve their country, stand against the President’s failed Iraq, by a brutal dictator who favored in how we treat them in their health plan in Iraq and to vote for a new plan, one sect over the other. Now that that care, how we treat them in their dis- a new plan and a new course to end the dictator has been overthrown and is no ability, and how we treat their fami- war in Iraq. more, in an attempt to bring about de- lies, for those who commit the ulti- I urge my colleagues to support the mocracy, you see the majority in that mate sacrifice on behalf of the Nation. ability to move ahead, to have a final country of Iraq, the Shiites, suddenly The stories I heard from those soldiers vote, and then I urge them to support feeling they have control and maybe it do not indicate a grateful Nation. the resolution that would lead us out is not quite so bad that they let out— I didn’t vote for the Iraq war when I of the war in Iraq, that could give us in their mind, they say it is not so was in the House of Representatives. I the greatest opportunity for victory, bad—to let out their frustrations on believe that was one of the most impor- that would give the greatest oppor- the ones who had kept them down for tant votes I ever cast. I don’t support tunity for the Iraqis to make the hard years and years, their rivals, the the President’s escalation of the war. I choices, compromises, negotiations for Sunnis. In the process, you get this sectarian warfare which is, by any- was in the minority when I voted a government of national unity, and in body’s definition, very close to civil against the war in 2002, and there were doing so would honor those who have served their country with courage, war. those who said voting against the war How do we stabilize Iraq? For us just would be political suicide. Even with with valor, and with distinction. I yield the floor. going in and thinking it is going to be that knowledge, I put my seat in the The ACTING PRESIDENT pro tem- a democracy and that the Shiites are Congress on the line because my con- pore. The Senator from Michigan is going to play the democratic game and science told me this was simply not the recognized. the Sunnis are—and not even to speak right thing to do. Mr. LEVIN. Mr. President, I ask of the branch of the Sunnis, the In a speech about the war, the Presi- unanimous consent that Senator BILL Baathists, who had been the ruling dent said the following: NELSON be recognized next and Senator party—to think they are all going to In speaking of the consequences of a pre- GRAHAM be recognized after Senator play the game of democracy and major- cipitous withdrawal, I mentioned that our NELSON, and then we return to Senator ity rules, you have seen, now, after allies would lose confidence in America. Far DORGAN. going on 4 years, what has happened. more dangerous, we would lose confidence in The ACTING PRESIDENT pro tem- So what do we do? We have a sugges- ourselves. Oh, the immediate reaction would be a sense of relief that our men were coming pore. Is there objection? tion by a unanimous decision by a bi- home. But as we saw the consequences of Without objection, it is so ordered. partisan group of extremely well what we had done, inevitable remorse and di- The Senator from Florida is recog- thought of people called the Iraq Study visive recrimination would scar our spirit as nized. Commission, led by former Secretary a people. Mr. NELSON of Florida. Mr. Presi- of State, former Chief of Staff of the The President added: dent, I say to my colleagues in the Sen- White House, Jim Baker, and led by ate that I support this motion to pro- I recognize that some of my fellow citizens Congressman Lee Hamilton, former disagree with the plan for peace I have cho- ceed and want us to get on to the reso- Member of the House, former head of sen. Honest and patriotic Americans have lution so we can have a full and thor- the International Relations Committee reached different conclusions as to how ough debate on this issue of what to do in the House of Representatives. peace should be achieved. I share your con- in Iraq. Without a doubt, this issue is Unanimously, 10 people—5 Democrats cern for peace. I want peace as much as you the No. 1 issue, foremost in the minds and 5 Republicans—came up with a do. I have chosen a plan for peace. I believe of the American people. My State of plan. How do you stabilize Iraq, given it will succeed. Florida, being a microcosm of the en- the conditions we find ourselves in That plan did not succeed. The man tire country, is certainly reflective of there today? They said, clearly, what speaking wasn’t President Bush but that. People are unsettled over the you have to do is stop having the men- President Richard Nixon, and the war course of the war. They are unsettled tality of an American occupying force. he spoke of was not the war in Iraq but over the fact that none of our leader- Let the Iraqis start to work it out for the war in Vietnam. It is painful to ship will indicate we are winning this themselves. Realize there is probably hear the similarities between what was war and, indeed, at the same time they going to have to be a separation of the said by the President of the United recognize the stakes are so very high in sects until they can get them sta- States in that conflict and the one in that part of the world if we are unsuc- bilized, and in the meantime do a very which our Nation is currently en- cessful. Therefore, because this issue aggressive, diplomatic effort through- snared. It is even more painful to see naturally is at the forefront of Ameri- out the region to get all of the coun- an administration and a President cans’ minds now, and what to do about tries in the region to buy into what is similarly disconnected from the Amer- it, we need to get it out here and get it ultimately the political solution. ican people. thoroughly discussed and debated. This Senator thinks, given all of this In soaring speeches, President Bush, It seems to me one of the funda- chaos and tumult and sectarian war- the Vice President, and Republican al- mental mistakes at first of going into fare, that political solution is going to lies invoke the ‘‘will and courage’’ of Iraq was not to understand the world of have to be some kind of division. Clear- the American people. They say, if the Islam and the schism that has been ly Kurds in the north basically have American people would have the ‘‘will there for 1,327 years, ever since the bat- their own autonomous government. and the courage’’ to persevere in Iraq, tle of Karbala, in 680 A.D., when the Shiites are concentrated in the south. then we can succeed militarily. This grandson of the Prophet Mohammed Sunnis are concentrated in the center. administration fails to understand this was killed in the battle. That led to a They made an important first step re- war is not just about will and courage, division of those new worshipers who cently in the establishment of a new it is also about wisdom and clarity of had followed the Prophet Mohammed law distributing the oil production— judgment, traits that have been sorely into the primary sect, Sunnis, and which is not distributed geographically lacking in this administration. those who were rebelling, the Shiites. throughout the country but is con- No one should doubt the will of the That schism has lasted ever since. We centrated in the north and in the American people. In fact, they ex- see attempts at bringing those two south.

VerDate Aug 31 2005 02:06 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.039 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3101 So if all the elements are there to Watch out for that happening today in move to, they are coming after us. We make this possible for local control, of Iraq. Let us understand something have this illusion that there is a place Kurds in the north, Sunnis in the mid- from the mistakes that were made in we can go inside of Iraq or some other dle, Shiites in the south, distributing the past in places such as Lebanon as country in the Mideast that will pro- the oil wealth proportionally according to how you ultimately stabilize an area vide safety. I can assure you our enemy to the population, having a national and what is in the interests of the is intent on proving to us there is no government for the common defense, United States. safe place for us in the Mideast. When let’s see if that political situation will I think part of that wisdom is what I say ‘‘us,’’ I mean those men and work. came to bear by those 10 people unani- women wearing the uniform. People say you can’t do that because mously agreeing, in the Iraq Study The goal of the extremists in Iraq— you have all these neighborhoods Commission, whose work product some are limited to the country of where Sunnis and Shiites are all living boiled down is, in essence, the resolu- Iraq. Other extremist groups within together. But the fact is the separation tion before us here in the Senate. Iraq have a wider goal. Their goal is to is already occurring because of the sec- I thank the Chair for this oppor- drive American forces out of the Mid- tarian violence and the killing that is tunity to share these thoughts with the east. So there is no place, in my opin- going on. You are seeing that separa- Senate. ion, you can redeploy within Iraq that tion. The PRESIDING OFFICER (Mr. would not be a signal to the people we If that is a likely political outcome SANDERS). The Senator from South are fighting that we are surrendering that has the best chance to stabilize Carolina. and retreating. Iraq, then what should be the position Mr. GRAHAM. Mr. President, I ap- This war is about not killing terror- of the United States and its forces, and preciate the opportunity to share some ists from an American point of view what should be the policy of the United thoughts on what is probably the most alone, it is about empowering mod- States to bring that about? Go back to important decision the Senate will erates. The Bush administration has the Iraq Study Commission. People say make in the war on terror for decades made plenty of mistakes. The biggest there is not a plan. There is. There is a to come, not just for the next election. mistake we made after the fall of plan. It is printed. It has about 75 rec- I have a framework in my mind about Baghdad was not appreciating how ommendations. What it says is the what is going on in Iraq and how it fits much Saddam Hussein had raped his American force should withdraw from into a global struggle. Quite frankly, I own country, how hard it would be to the midst of that sectarian warfare, think it is unshakeable. I am not build a democracy out of ashes of a dic- withdraw more to the perimeter, start pursuadable on this issue. I will put my tatorship, doing this on the cheap, as- lessening the forces and therefore the bias right up front. The outcome of suming the best, never planning for the casualties to our American men and what happens in Iraq is part of an over- worst, and not having enough troops on women, and use that force to train the all global struggle called the war on the ground to provide security, which Iraqi Army—to continue to train terror. That is not just my view; it is is essential to democracy. them—to provide force protection and the view of the al-Qaida members who It is so easy to beat on the Iraqi po- very likely border control, since the have gone to Iraq to destabilize this in- litical leadership. They deserve to be neighbors in the region have not been fant democracy. pushed, and they deserve to be chal- exactly good on that—that is some- It is being billed all over the Mideast lenged. But one thing I can tell my col- thing we ought to be diplomatically in- as the struggle between moderation leagues, they represent a better Mid- sisting on, with the neighbors in the and extremism. We have Sunni extrem- east than the groups trying to literally region—and to continue to prosecute ists trying to get back in power. They kill them. Our goal is not to just de- the war against the terrorists by going reigned during the Saddam era, and stroy terrorist organizations; it is to after the terrorists there, particularly some of them do not want to give up empower moderates. al-Qaida, who are trying to undermine power. They want to destroy this de- The Democratic Congress is about to the whole process. mocracy so they can rule again as a trump any mistake Bush has made by a What I have outlined, which came minority within Iraq because they had factor of many. If they, as a Demo- from the basics of the Iraq Study Com- a taste of it before—that power—and cratic Congress, set in motion a resolu- mission Report and Recommendations, they do not want to give that up. The tion that would undercut General is the essence of the Reid resolution Shia extremists, who are a minority of Petraeus’s ability to reinforce Iraq in a that is before the Senate. That is why the Shia community, have a hope to way that makes sense, then they have I think we ought to get it out here, get create a theocracy in Iraq, not be the made a much bigger mistake than it debated and, barring some unfore- dominant political party in a democ- President Bush has ever made. If my seen turn, it is this Senator’s intention racy. They have a religious agenda for colleagues are trying to pass a resolu- that he will support the Reid resolu- Iraq very similar to Iran. Then you tion that would make it impossible for tion. This does not say withdraw. It have foreign fighters, including al- moderates to reach political consensus says redeployment. It doesn’t say get Qaida, who see a democracy in Iraq as because security is no longer certain, out of Iraq, it says get out of the cities the biggest threat to their overall then my colleagues have made a much in the middle of the crossfire of a civil agenda. greater mistake than President Bush. war. It says utilize the American forces What we are talking about is with- Now why not cut off funding? I guess for training, going after al-Qaida, and drawing from a central battlefront in the only reason we are not cutting off for the purpose of force protection. the war on terror. What would be the funds is because the American people, That makes common sense in the over- consequences of redeploying—whatever through polling, say that is a bad idea. lay of a very complicated part of the word you would like to use—in the But I know there are many on the world. overall effort called the war on ter- other side who want to cut funding. To As I close, I say that the United rorism? be honest, I respect them immensely; I States, back in the 1980s, thought by I think it would be the worst signal just disagree with this idea of taking a the introduction of troops we could you could possibly send to the insur- middle position that has as its basis suddenly help bring about peace in an- gents, to the extremists, and to al- that there is a safe way to redeploy and other very troubled part of the Middle Qaida members who are involved in not affect the outcome of Iraq. That, to East, the country of Lebanon. Sud- this fight, who are watching this fight. me, is just folly. It is unconstitution- denly, it was as if scales fell from our Redeployment means surrender. If you ally sound. It destroys the ability of eyes, that we saw it was an either/or. think we are in the middle of a civil the commander on the ground, General But it was multiple choice of all the war that is a hopeless endeavor, cut off Petraeus, to do the job we sent him factions that were there, each with a funding and get the hell out. over there to do. It will be a sign of stake in the outcome. It became very This idea of trying to go somewhere weakness to those we are fighting. difficult, particularly when the Ameri- where it is safe for Americans is folly. Moderates will start hedging their cans became perceived to be supporting If you are in uniform in Iraq, there is bets. My belief is that the stronger we one particular part of those factions. no safe place for you. Wherever we are in Iraq, the bolder the moderates

VerDate Aug 31 2005 00:18 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.041 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3102 CONGRESSIONAL RECORD — SENATE March 14, 2007 will be. The weaker we become, the politics, when special interest groups cept called democracy or is sympa- more uncertain they will be. try to take your job away from you be- thetic to the West, to moderate govern- It took us from 1776 to 1789 to write cause you will not do what they tell ments where they exist in the Mideast; our own Constitution. When the prod- you. I cannot imagine what it is like to turn your attention toward America, uct was written, women could not vote, make political decisions knowing they drive us out of the Mideast; establish a and African Americans had no standing are trying to kill your family. religious-dominated Mideast with a in the law. So I know there are reli- I do believe the outcome in Iraq is view of religion that is harsh to every- gious problems in Iraq of a long- part of a global struggle and that we thing and everybody; and destroy standing nature. I know this: Before al- need to reinforce Iraq on all fronts to Israel. I am not making this up. This is Qaida bombed the Samarra mosque, have a chance, our last best chance to not my theory of what they want to do; the third most holy Shia holy site in get this country up and running under this is what they said they will do. Samarra, there had been generations of democratic principles. Iraq is the chance to turn it around. Iraqis, Sunnis and Shias, living to- Talking to the neighbors is a wonder- Iraq is a great opportunity for us, the gether, intermarrying. I do not believe ful thing. Somebody needs to be talk- Iraqi people, and the world at large to Sunnis and Shias are born to kill each ing to Iran about their nuclear pro- stand up to the extremists and beat other. gram and deal with this nut who is the them politically, militarily, and eco- I do believe, like other places in his- President of Iran, who goes into the nomically. tory, other times in history, and other United Nations and says openly: I This resolution we are about to con- places on the planet, people are di- would like to wipe Israel off the face of sider or may consider sends the worst vided—sometimes by race, sometimes the Earth, and who is challenging the possible signal at the most important by religion—and our country needs to world openly today that he will not time in the war on terrorism. Whatever come to the aid of those who want to give up his nuclear ambitions. It is mistakes President Bush has made in live together and reject religious big- clear to me, and I think anyone else his administration—I think they are otry. who has looked at Iran, they are trying well documented—the biggest mistake The idea of dividing the country to develop a nuclear weapon to change is yet to come, and that would be pass- based on race, not many people in this the balance of power in the Mideast, ing this resolution. body would say: Yes, that is a good and they are involved deeply in Iraq be- I yield the floor. The PRESIDING OFFICER. The Sen- idea, that will bring about peace, because their biggest nightmare, from cause it is giving in to bigotry. The ator from Michigan. the Iranian point of view, is a stable, Mr. LEVIN. Mr. President, I would idea of trying to give in to religious functioning democracy. The theocracy ask unanimous consent that Senator differences is insurmountable, is giving in Iran does not have a shared interest CARDIN be recognized for 5 minutes and in to religious prejudice. I do believe with the United States or the Iraqi then Senator KENNEDY be recognized the Iraqis can overcome their dif- people when it comes to forming a de- immediately after the remarks by the ferences because it is in their best in- mocracy. If we can get them involved Senator from Maryland. terest. But I do believe, if we do not re- to help us provide security, let’s give it The PRESIDING OFFICER. Without inforce this infant democracy at a crit- a whirl. Let’s give it a try. I do not be- objection, it is so ordered. ical time in its formation, we are going lieve they really have that as their The Senator from Maryland. to lose in Iraq and the war just begins, goal. Mr. CARDIN. Mr. President, I urge us it does not end. If you think with- Syria is trying to undercut this in- to move forward and consider the Iraq drawing or redeploying ends this war, fant democracy called Lebanon. They resolution so that every Member of then I think you are going to be proven are playing hard in Iraq because they this body can speak on this issue, we wrong in history. are a police state. can debate it, and we can cast our I know what awaits those who are in- I believe that the neighbors, Syria votes on what we believe the policy volved in the surge: more risk, more and Iran, are part of a global challenge should be for the United States in Iraq. blood, and more treasure. On the other to freedom-loving people. They are not I would like to take us back to Octo- end of this surge, my hope is that we the solution; they are the problem. ber of 2002. I was in the other body in will provide enough security—holding Where we find moderates in the Mid- October 2002. I voted against the reso- areas previously cleared—and the Iraqi east, we need to stand boldly with lution that gave the President the Government will step to the plate and them and give them the ability, the right to use force in Iraq. Let’s remem- start sharing the oil, doing the things best we can, to change the course of ber the basis on which that resolution politically they need to do to reconcile the Mideast. This effort to withdraw was passed. We were told that Iraq was their country. and redeploy is the worst possible sig- in violation of U.N. resolutions con- No one believes 21,500 troops are nal you could send to moderates or ex- cerning weapons of mass destruction going to solve the problems of Iraq. tremists. This is a war which has reli- and we needed to have the option to Military power has its limitations, but gious components to it. use military force in order to enforce we need to reinforce Iraq politically, There is one group who has proven that resolution and get rid of weapons economically, and militarily. The gen- they can live together in Iraq in peace, of mass destruction. eral we have sent to do the job has told willing to live with us in peace. There The United States was also con- us what he needs. He has a plan to ac- are plenty of moderate forces through- cerned about the war against terror, complish his mission. The Congress is out the Mideast who want to live on and there were statements made about undercutting him at every turn. the planet with the rest of us and have the war on terror. I might tell you, This is the 17th resolution. I do not a desire to do so. There is a minority there was no evidence that Iraq was in- know what the magic number is to find who have hijacked a great religion, volved in the attacks on our country the resolution that fits the political who have no place for us—moderate on September 11. And, yes, there was a moment, but I can tell you this: The Muslims, Jews, or anybody else who is desire by many to get rid of the regime resolution in Iraq is not about the po- different. They want to destroy Israel of Saddam Hussein. litical moment; it is about decades to eventually. They are not kidding. What has happened since then? Our come in the Mideast if we can empower I wish we could go back in time—not American troops have been in Iraq. We the moderates who are fighting and just to Lebanon, but I wish we could go found no weapons of mass destruction. dying for their own freedom. back into the 1930s and take Hitler for There are serious questions as to the I say firmly and boldly to these what he was. I wish we would under- intelligence information we had and Iraqis who have joined the military, stand who our enemy is and take them how that was relayed to all of us. Sad- who have joined the police, who are for what they are. They are barbarians dam Hussein is gone. He has been re- wanting to be judges, to those political who kill without conscience. They have moved. The Iraqi Government is now in leaders trying to find common ground an agenda in writing. They are hell- place. A constitution was adopted. A between the three factions: You have bent on achieving that agenda. That government was elected. The Maliki my admiration and support because I agenda goes like this: Destroy any- government is now responsible for the know what it is like to be challenged in thing or anybody that embraces a con- affairs of Iraq. Times have changed.

VerDate Aug 31 2005 00:18 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.042 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3103 But the most significant change that sponsibility we owe to our Nation. I embargoed until 3 o’clock this after- has occurred in Iraq during the last urge my colleagues to move forward so noon. It is now after that hour. Here is year has been the increased sectarian we can go on record and change the di- what this document, which has just violence—a civil war. That is what is rection of America’s participation in been released by the Department of De- taking place in Iraq today. It is clear Iraq so we can achieve the objectives fense, has to say on stability and secu- the presence of the U.S. military will that are in the interests of our Nation. rity in Iraq: not end the civil war. Iraqis need to Mr. President, I yield back the floor. The last two months of 2006, however, saw end the civil war through diplomacy Mr. LEVIN. I suggest the absence of little progress on the reconciliation front. and negotiations and the confidence of a quorum. The first two of four planned reconciliation The PRESIDING OFFICER. The conferences were described in the last report the people in Iraq. (November 2006). These conferences laid solid Something else has changed in the clerk will call the roll. groundwork for subsequent conferences, but last year. We had national elections in The bill clerk proceeded to call the there has been little progress since then and our country, midterm elections. The roll. the conferences had no effect on quelling vio- people asked for change. Now there is a Mr. LEVIN. Mr. President, I ask lence. On December 16–17, 2006, the Political change in the Congress, and during the unanimous consent that the order for Parties Conference was held in Baghdad. first few months of this Congress, we the quorum call be rescinded. Speeches given by the Prime Minister and The PRESIDING OFFICER. Without other Iraqi officials focused on political par- have held over 40 oversight hearings on ticipation and national unity, and welcomed what is happening in Iraq. I do not re- objection, it is so ordered. former Ba’athists into the political process, call these hearings taking place in the The Senator from Massachusetts. so long as they showed loyalty to the new last Congress. Mr. KENNEDY. Mr. President, is national government. The Sadrist bloc, top Those hearings have pointed out— there a time allocation or are we with- Ba’athists, and many Sunni factions did not with expert after expert; military ex- out a time allocation? participate. A fourth conference of religious pert, foreign policy expert—we are not The PRESIDING OFFICER. The Sen- leaders has not yet been scheduled due to ator does not have a time limit. lack of financial support and attendance going to end the sectarian violence in challenges. Iraq by increasing American troops. We Mr. KENNEDY. I thank the Chair. I Mr. President, too many parents cannot win it on the battlefield. We do not intend to be long, and I am glad have had to bury their sons and daugh- have to deal with it and negotiate a to yield at any time to the chairman of the Armed Services Committee. ters. Too many children have been left settlement in Iraq. without their father or their mother. We have before us the Reid resolu- Mr. President, this is a defining mo- Too many soldiers are missing arms or tion. We also have before us the Presi- ment for our country. The American legs. Nearly 3,200 of our forces have people are watching. The world is dent’s current policies in Iraq. Do we been killed. More than 24,000 have been watching. The issue is clear. Will we want more of the same—an escalation wounded. The casualties keep mount- stand with our soldiers by changing of troops, a continuation of U.S. mili- ing. The violence in Iraq continues to tary presence in Iraq in the midst of a their mission and beginning to bring spiral as well. Our troops are in the im- civil war—or do we want a change in them home, or will we stand with the possible position of trying to stabilize direction? The Reid resolution rep- President and keep our soldiers trapped a country at war with itself. resents a change in direction. It is a in Iraq’s civil war? The recent National Intelligence Es- change in direction as it relates to U.S. History will judge us. We can either timate confirms the nightmare sce- troop levels. continue down the President’s perilous nario unfolding for our troops. Iraq is We have lost almost 3,200 American path or insist on a new direction. If we sliding deeper into the abyss of civil troops, 68 from my own State of Mary- do not change course, we know what war, and our brave men and women are land. There is a civil war in which lies ahead—more American casualties, caught in the middle of it. Prospects American troops are not adding to end- more wounded, more destruction. for halting the sectarian violence are ing that civil war. We need to look at A new strategy that makes Iraqis bleak. Greater chaos and anarchy are whether we want to increase our less reliant on our military is the best looming ahead. Needless additional troops, as the President wants, or to way forward. U.S. casualties are inevitable. start redeploying our troops so the More of the same misguided policy The intelligence community has fi- Iraqis can stand up and defend their will result in more of the same tragedy nally determined what everyone but own country so we can look for a polit- for our military. Let’s try a new course the Bush administration has been will- ical solution to what is happening in and let’s try it now because Iraq is the ing to admit for some time. As the In- Iraq. We can remove the big target on overarching issue of our time and be- telligence Estimate stated: Americans. Public opinion in Iraq says cause we need to protect our national [T]he term ‘‘civil war’’ accurately de- it is OK to kill Americans. We have to security. scribes key elements of the Iraqi conflict, in- remove the American presence so we We are told we need to be patient. We cluding the hardening of ethno-sectarian can move forward. are told we have to give the latest es- identities, a sea change in the character of the violence, ethno-sectarian mobilization, The Reid resolution gives us a well- calation a chance to succeed. But we and population displacements. defined mission which we can achieve, have heard all of that before. Those are the words of the intel- which is in the interest of the United We have heard for years that this ad- ligence community. Secretary Powell ministration has a plan for success. We States, that the Iraqis would take re- agrees. Former U.N. Secretary General have heard for years that progress is sponsibility for their own country, Kofi Annan agrees. Only President would have well-trained security just a few months away. We have heard Bush continues to stubbornly deny forces. for years that we have turned the cor- that our troops are policing a civil war. The resolution speaks to what we ner. The facts speak for themselves. Ac- need to do as far as a surge in diplo- But the plans for success keep get- cording to the United Nations, nearly macy, to urge more countries to get in- ting tossed aside for new plans. The ad- 35,000 civilians were violently killed in volved so the Sunnis and Shiites can ministration has benchmarks to meas- Iraq last year. In November and De- live together and have confidence in ure success, but there are no con- cember of last year, more than 6,000 ci- their own government that represents sequences when the benchmarks are vilians were killed. Most were killed in a change, that represents a direction not met. Baghdad, where ‘‘unidentified bodies that is in the interest of the United The timelines for progress keep get- killed execution-style are found in States. ting extended. We have turned so many large numbers daily.’’ More than 2 mil- I urge us to be willing to debate this corners that we have ended up back lion refugees have fled the violence in resolution and to vote on this resolu- where we started—trying to control Iraq, and another 1.8 million have been tion. That is our responsibility. It is Baghdad. It is time for a new direction. displaced internally. our responsibility as Members of this Mr. President, I reference this docu- Our military should not be caught in body. It is our responsibility to our ment. It is: ‘‘Measuring Stability and the middle of this quagmire. Only a po- men and women who are serving our Security in Iraq.’’ It is a report to Con- litical solution can solve Iraq’s prob- Nation, our Armed Forces. It is a re- gress by the Department of Defense, lems.

VerDate Aug 31 2005 00:26 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.044 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3104 CONGRESSIONAL RECORD — SENATE March 14, 2007 General Casey, in his June 2005 testi- told the Armed Services Committee his for longer. But in the long run, we mony to the Senate Armed Services estimate was somewhere between 5,000 can’t protect our Army if we don’t end Committee, called out for a political and 6,000 troops when you included the war. solution. He said: imbedded trainers. Our troops have done their part. If you look back historically at how Then, on March 6, Deputy Secretary They have served with great courage. insurgencies have been defeated, they have of Defense Gordon England told a We are proud of their service, and we been defeated when the insurgents saw their House committee: ‘‘About 4,000, maybe are ready to welcome them home. options as better protected in the political as many as 7,000.’’ It is time to change course. It is time process and their prospects for economic ad- Last week, at the request of General to ask the Iraqis to step to the plate vancement can be better protected by the po- Petraeus, Secretary Gates authorized and take the responsibility for their litical process than fighting for them. And an additional 2,200 military police own future, and it is time to begin to that’s the essential element here. redeploy our troops out of Iraq. It is Last August, General Abizaid spoke troops. We still don’t have an accurate total time to put the Iraqis on notice that about the need for a political solution. our military will no longer be a perma- He said: for the size of this escalation. The administration refuses to speak with nent crutch for them to lean on. As Our troops are the best equipped, the best clarity and candor. Since the current General Abizaid told the Armed Serv- trained, the best led in the world. And I am ices Committee last November: enormously proud of them, and I have the surge began, Shiite militias in Baghdad I believe that more American forces pre- utmost confidence in their ability to handle may be lying low, but violence has in- vent the Iraqis from doing more, from taking any mission. Yet, sectarian violence is worse creased elsewhere in Iraq. In Diyala more responsibility for their own future. than ever in Baghdad in particular. And I Province, in 3 months, American cas- wonder about the validity of a strategy that ualties have exceeded the number for It is time for American combat says that less capable troops that are not as the entire year of 2006. In January this troops to begin to come home. well equipped, trained or led as the best year, 83 American soldiers were killed, Those of us who opposed the war are troops in the world can handle the security compared to 62 in the same month a used to the administration’s attacks of this country if the upswing in violence has when we disagree with their wrong- year ago. Eighty more Americans were occurred despite the presence of the best headed policy. We have come to expect killed in February of this year. In the troops in the world. It doesn’t give me a lot that. They have questioned our patri- same month last year, we lost 55 sol- of confidence in our underlying strategy. otism and call us defeatists. When we And it suggests to me— diers. Already, in 2 weeks this March, challenged the President’s misguided we have lost more than 31 soldiers, the This is General Abizaid— policy, he accused us of having polit- same number killed in the entire it suggests to me that what we need is a po- ical motives and being partisan. month of March of 2006. litical rather than a military solution. Before the war, Vice President CHE- This is what today’s report from the Last week, General Petraeus, the NEY said we hadn’t seen all the intel- Defense Department points out on page new commander of our forces in Iraq, ligence he had seen. But after the war, 18, under the section ‘‘Attack Trends stated that there is ‘‘no military solu- when things were going badly, the and Violence’’: tion’’ in Iraq. But no one in the admin- President said more than 100 times istration has been able to clearly ar- The total number of attacks on and casual- that we had seen the same intelligence. ties suffered by coalition forces, the ISF, and ticulate a political solution or how it More than 2 years ago, I called on the Iraqi civilians for the October-December re- administration to focus on the training can take hold in the midst of this porting period were the highest of any 3- chaos. Instead of giving the Iraqis a month period since 2003. of the Iraqi security forces and to begin to redeploy our troops out of Iraq. I necessary incentive to get their polit- It continues: ical house in order by beginning an or- said the Iraqis need to take responsi- Coalition forces continued to attract the derly redeployment of our troops out of bility and that we should set a goal of majority of attacks, while ISF and Iraqi ci- about a year for the redeployment of Iraq, the President stubbornly insists vilians continued to suffer the majority of on sending more and more troops into the casualties. most of our forces out of Iraq. Rather Iraq’s civil war. Escalation didn’t work than debating the merits of the policy, That is today’s report. the Republican spin machine went into in Vietnam and it will not work in Iraq Continuing our open-ended commit- either. overdrive. A year ago, on the third an- ment to stay in Iraq will not bring vic- niversary of the war, Vice President The President’s latest proposal—to tory, it will not stop the violence, and increase the number of our troops in CHENEY went on national television it will not protect our national secu- and said: Iraq—makes no sense at all. Sending rity. I would not look to Ted Kennedy for guid- more troops into the cauldron of Iraq’s The administration has outlined civil war is not the solution. ance and leadership in how we ought to man- military, economic, and political age national security. In addition to the fact that we know benchmarks to measure success, but it a military solution is not the answer, Well, the American people certainly has not given any timeline to achieve know we cannot look to the Vice Presi- the administration still has not leveled them, and it has not stated any con- with us on the number of troops the dent and this administration for na- sequences if the benchmarks are not tional security. The administration has President plans to send to Iraq for the met. This same administration sup- been consistently wrong about the war surge. ported timelines for every Iraqi elec- in Iraq. Year after year, they insist on On January 10, the President an- tion and for drafting the Constitution. a dangerously incompetent strategy. nounced he had committed more than Yet it remains emphatically opposed They were wrong about the link be- 20,000 additional troops to Iraq. Within for any timeline for the redeployment tween al-Qaida and Saddam Hussein. a few days, this number had been re- of our military. They were wrong about Saddam Hus- vised to 21,500. The American people have been pa- sein’s weapons of mass destruction. The CBO estimated that it would be tient. But America now has been in They were wrong about America being far higher—as much as 35,000 to 48,000 Iraq longer than it took us to win greeted as liberators. They were wrong troops when support troops are in- World War II. Instead of progress, we about the insurgency being in its last cluded. continue to see unacceptably high lev- throes, and they are wrong to deny On February 6, I asked General Pace els of violence, death, and destruction. that Iraq is a civil war. and Secretary Gates for the best mili- We are putting too much strain on our The American people are far ahead of tary estimates of the actual size of the Army, especially the Army National the administration. For all of us who escalation, and their answer was an ad- Guard. The Army is overextended. oppose this misguided war, our goals ditional 10 to 15 percent. General Pace Many soldiers are now on their third have always been clear: protect the said: rotation. To deal with the recruitment lives of our soldiers and protect our na- You’re going to need no more than another shortages, we have eased the standards tional security. 2,000, 2,500 troops on the ground. and increased the bonuses. The Depart- We have an obligation to stand up for By February 15, the number had more ment of Defense is formalizing a policy our troops and stand up to the Presi- than doubled. General Schoomaker to redeploy reservists more often and dent when he stubbornly refuses to

VerDate Aug 31 2005 00:26 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.045 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3105 change course in Iraq. Our legislation back where they belong: at the heart of we can resolve all our difficulties. Of will do that. It will change the mission our debates about the war. course, they provide the usual lan- of our military away from combat and At the end of those hearings, every- guage of diplomacy and some of the require the President to begin to rede- one agreed that the administration other things. ploy American combat troops out of failed these brave soldiers, but we Look at what this resolution says. It Iraq in 4 months. The target date for failed them long before they arrived at says: Whereas, U.S. troops should not the completion of the redeployment is Walter Reed. The administration failed be policing a civil war; and the current March 2008—1 year from now. A limited them when it trumped up the intel- conflict in Iraq requires principally a number of troops would remain in Iraq ligence in order to make the case for political solution. after that to train and equip the Iraqi war. It failed them when it sent too few The fact of the matter is we have security forces, to conduct counterter- troops with too little armor into bat- three distinct areas in Iraq: The Kurds rorism, and to guarantee the safety of tle. We in the Senate will fail them in the north, the Sunnis in the center, our soldiers. today unless we vote to change course and the Shias everywhere else, includ- Our proposal is consistent with the and begin to bring our soldiers home. ing in the center. bipartisan Iraq Study Group’s finding. At the end of this debate, the American There is a long history of animosity It recommended that: people will know where each of us between these groups. But look at the The primary mission of U.S. forces in Iraq stands. On our side of the aisle, we progress that has been made: women should evolve to one of supporting the Iraqi stand with the American people. The now have the right to vote; young girls Army, which would take over primary re- voters told us in November to change are able to go to school. sponsibility for combat operations. By the Eighty percent of the people voted first quarter of 2008, subject to unexpected course and to begin to bring our troops developments in the security situation on home, and that is what we are going to for the representative form of govern- the ground, all combat brigades not nec- do. ment that they enjoy today. Remem- essary for force protection could be out of We stand for our Constitution, in ber, it took us 10 years to implement Iraq. which the Congress speaks for the peo- our Constitution. Those are the words of the Iraq Study ple in matters of war and peace and can What I have not heard from those Group. require the President to listen. who oppose the war is, how do we solve Legislation is clearly necessary to We stand with our troops. We, and we the problem of terrorism? give the Iraq Government enough of an alone, are the ones insisting on a pol- Let’s be honest. Terrorism is some- incentive to step up to the plate, work icy worthy of their courage and sac- thing we have confronted sporadically out its political differences, and take rifice. throughout the years, though not at responsibility for Iraq’s future. It is We stand for protecting America’s the same level of intensity as the last also consistent with the wishes of the national security. The war in Iraq has couple of years. When the Bader- American people, who want most of our been a disaster from the start. It has Meinhof gang paralyzed Europe, a lot troops home within a year. How much made America more hated in the world. of people felt we should back away. But clearer does it have to be before Repub- It has made it harder to win the war we supported our allies and, today, you licans in Congress and the President fi- against terrorism. It has made it hard- don’t hear about them. Similar things nally respond to the voices of the er to work with other nations on every can be said about the fate of the Red American people? issue. Brigade. However, I fully recognize We are meeting our responsibilities Peace and progress in Iraq must be that these groups were minor compared by changing the mission of our mili- earned by Iraqis and their neighbors. to the terrorists in the Islamic world. tary. We are not micromanaging the We must no longer send our brave sol- The fact is we are in a different war war. Many of us oppose the war, but all diers to an uncertain fate on the than we have ever been in before. We of us support our troops. We don’t want streets of Baghdad. We must begin to are fighting terrorists who don’t wear to keep sending more and more of them bring them home to the hero’s welcome uniforms, who don’t represent a coun- into the middle of a civil war. Under no they have surely earned. try; they represent an ideology. They circumstances do we want them to go I yield the floor. are Salafi jihadists who, going back to to war without proper armor and Mr. LEVIN. Mr. President, I ask the seventh century, when the Islamic equipment. Our troops deserve better. unanimous consent that after the Sen- people controlled much of the Medi- Their families and loved ones deserve ator from Utah is finished with his re- terranean world, used force freely to better. marks, on this side, the order then be achieve their objectives and, if you dis- For the good of our men and women Senator DODD, Senator BROWN, and agreed with them, they killed you. in uniform and the American people, it Senator DORGAN. We lost 3,000 people in 1 day in this is time for us to take a stand. We need The PRESIDING OFFICER. Without country. As the author of the 1996–1997 to adopt a new strategy. We need to objection, it is so ordered. The Senator Antiterrorism Effective Death Penalty make clear to the Iraqi Government from Utah is recognized. Act, I recognized that we did not give that the mission of our troops must Mr. HATCH. Mr. President, one thing law enforcement the tools to be able to change and that we have a clear time- I can say for the distinguished Senator prevent terrorism in this country. One frame for their departure from Iraq. from Massachusetts is that he has been reason was we naively thought that we The recent hearings on Walter Reed against this war from the beginning. would never suffer from the type of ter- should inform our debate as well. They He has taken what he considers to be a rorism that occurred on 9/11/2001. The tell us how little faith we can put in principled position, that we should PATRIOT Act brought the antiterror- this administration. The very people never have gone into Iraq to begin ism laws that were deficient up to the who hide behind the troops when we with. However, much of what he said level of the anti-Mafia laws. question their policies have failed to does not resolve the problems that we Can you imagine what will happen if keep faith with our wounded soldiers. are confronting in the War on Ter- we don’t take these people on and do As importantly, the hearings on Walter rorism. We hear lots of comments what we can to stop them. What hap- Reed remind all of us of the human about pulling out of Iraq but not very pens if one of them—and they are dedi- costs of the war. This administration much in the way of how to defeat the cated to doing this—gets a weapon of has done all it can to conceal them terrorists who are dedicated to de- mass destruction and comes to New from us. They have forbidden photo- stroying almost everything we hold York, Washington, DC, Boston, Los An- graphs of the coffins flown back from dear and sacred. geles, Chicago, Miami, or any number Iraq. The President has avoided attend- The fact of the matter is this resolu- of other cities, and blows up the city ing the funerals of the fallen. The tours tion is an illustration of wishful think- and causes the deaths of hundreds of of Walter Reed never included Building ing. No matter what you call it: pulling thousands of people? 18. our troops out, a phased withdrawal, or They are dedicated to this. They But the hearings on Walter Reed redeployment, those who support this don’t value human life as we do. They swept away all the spin and camou- seem to think everything is going to be believe they are going to be blessed for flage. They put our wounded soldiers hunky-dory and by taking this course having killed the infidels.

VerDate Aug 31 2005 00:26 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.059 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3106 CONGRESSIONAL RECORD — SENATE March 14, 2007 The fact of the matter is that is what If we leave who is going to train and In other words, pulling out all our we are faced with—radical extremists equip those Iraqi forces? Are we going people except for this ‘‘limited num- who would harm our country if they to leave a small contingent of our peo- ber,’’ to use their language— could. The reason they cannot is be- ple there to be murdered or are we Subsection (b) shall be implemented as cause we have been taking it to them going to be able to protect them and part of a comprehensive diplomatic, polit- in Afghanistan and Iraq. It is not pleas- train and equip the Iraqi forces? Will ical, and economic strategy. ant, there is no question. There are anyone have any confidence in us if we Diplomatic? I know one thing. If you sacrifices being made—our soldiers are leave? want to make sure diplomacy works, being deployed and redeployed. There It is interesting to me that as we make sure it is backed up by force. We is no question there are mistakes that have started this so-called surge, al- are not backing it up by pulling all of have been made—everything from Sadr and others have left their bases. our troops out, except for that ‘‘limited throwing the Baathists out of the mili- True, they are probably going away number.’’ tary, many of whom were not Saddam and hoping to come back; but if we can OK. How is that diplomacy going to Hussein loyalists, to thinking this op- establish—and General Petraeus says work if they don’t realize we are there eration would initially be treated by we can—ourselves and the Iraqi Gov- to accomplish our mission? OK. Again, the Iraqi as a liberation. ernment in Baghdad so that they know it says: There were lots of mistakes, but they can take care of it themselves, it Subsection (b) shall be implemented as there are a lot of things that are good is going to be much more difficult for part of a comprehensive diplomatic, political too. al-Sadr and the other brigades to come ... The fact of the matter is, there are back and cause the havoc they have What do you think we are trying to hospitals up and running, girls are been causing. do? Maliki, is pulling out the stops to going to school, women have some Who is going to train and equip these help us. rights in Iraq—more than ever before— forces? Oddly enough, it is interesting . . . as part of a comprehensive diplomatic, and upward of 80 percent of the people to me that this body voted 100 to 0 to political, and economic strategy . . . voted for a representative form of gov- back General Petraeus, and ever since What happens if we pull our troops ernment. We should never lose track of we have done that, some here have out of there and, all of a sudden, we that. None of this would have happened done nothing but undermine the very have a renewed effort by terrorists to had it not been for our soldiers and thing he said we have to do. It should assault us on our mainland because we others in the coalition who were will- also be noted that this new strategy are not keeping them at bay over ing to fight, the fact is that When we appears to be working. there? Can you imagine the cost to our get into documents such as this, basi- We ought to give General Petraeus society? Can you imagine if we pull out cally what we are doing is making it the opportunity to do it. He has said he of there and there is widespread civil very difficult for our young men and will shoot straight with us. If he finds war and genocide that will occur, just women serving in combat. Many of that the strategy is not working, he like in Southeast Asia when we pulled whom are risking their lives for us that said he will let us know. He has been a out there? Millions of people died. I am they might be able to prevent ter- straight shooter from the beginning. not so sure we should have been in rorism from taking over the world and He was been a breath of fresh air. He Southeast Asia, but I feel confident we especially the USA. understands counterinsurgency war- should be here. It says: We know there are terrorist sup- fare. He has written the Army’s Man- . . . that includes sustained engagement porters in our country. If we didn’t ual on this subject. We ought to give with Iraq’s neighbors and the international have a PATRIOT Act, we would not be him a chance to do what he says he can community for the purpose of working collectively to bring stability to Iraq. able to monitor them. do. This resolution says: Those are nice, high-flying words. If (3) Conducting targeted counterterrorism The President shall promptly transition our diplomacy is not backed up by our operations. the mission of the United States forces in willingness to take these people on, I Iraq to the limited purposes set forth in sub- How does this small, ‘‘limited num- suspect we are going to have more than section (b). ber,’’ to use the terms of this par- a 9/11, 3,000-person loss in this country. (B) Commencement of Phased Redeploy- ticular S.J. Res. 9, target counterter- When we have many more people killed ment From Iraq—The President shall com- rorism operations? I guess we will have as a result of terrorism in our country mence the phased redeployment of United to do it through intelligence gathering. States forces from Iraq not later than 120 because they will be emboldened by days after the date of the enactment of this I happen to be on the Intelligence Com- this type of resolution, then it seems joint resolution, with the goal of rede- mittee, and I know all too well it is to me that we are going to pay a price ploying, by March 31, 2008, all United States very difficult to establish human intel- that will be much higher than what we combat forces from Iraq except for a limited ligence networks. are paying now. We have to take these number that are essential for the following Think about that. Bring them all people on. We cannot walk away. There purposes: out, redeploy them by March 31, 2008— are too many people who have relied on I like that word ‘‘essential.’’ all U.S. combat forces from Iraq, ex- us. (1) Protecting United States and coalition cept for a limited number that are, Admittedly, we at least need to give personnel and infrastructure. again, essential for the following pur- General Petraeus and the current My gosh, can you imagine if we pull poses: forces there a chance to make this out? The terrorists will come in and (1) Protecting United States and coalition work. He says he believes he can do it. try to capture that oil wealth to use personnel and infrastructure. But he also is a straight shooter and against the rest of the world, especially How does that small contingency do that? has said: If we cannot do it, I will tell us. (2) Training and equipping Iraqi forces. you we cannot. That may be the time (2) Training and equipping Iraqi forces. (3) Conducting targeted counterterrorism when we will have to say there is not operations. How are we going to do that if we re- much more we can do there. I know one deploy our forces out? We know that by My gosh, every one of them would be thing. The moderate Arabs are very training and equipping them, we may murdered on the spot if we didn’t have concerned about what is going on over be able to help them bolster their rep- enough people there to provide secu- there. They know that if the United resentative form of government. Keep rity. States doesn’t have its full influence in in mind, I made the point earlier, it This is ridiculous. the Middle East, there is going to be took us 10 years to develop our Con- (C) Comprehensive Strategy. chaos. They know that these Wahhabi, stitution and their’s is functioning This is to make it look good, like Salafi jihadists will make mincemeat after 2 years. It took us years to solid- they are trying to do something good. of the Middle East, and they will be ify the strength of our country so we Here is what it says: emboldened if we walk out of there and have this great representative form of Subsection (b) shall be implemented as act like we can work diplomatically on government that we have in America part of a comprehensive diplomatic, polit- some of these problems. I think diplo- today. ical, and economic strategy . . . macy is very important. But it needs

VerDate Aug 31 2005 00:26 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.061 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3107 to be backed up by a strong military There is a good reason why we have Mr. President, I wanted to say these plan, so they know we are not going to not had a major terrorist incident few words. I hope we will defeat this put up with a lot of foolery. since 9/11/2001. We have shown the will resolution. I think it will be in the best Look, I think there are sincere peo- to take these people on, and to disrupt interest of the country and in the best ple on both sides of this debate. But I their plans. We have captured or killed interest of the world. challenge the other side, who believes a large number of these terrorists, in- I yield the floor. in this type of a resolution, to show us cluding members of al-Qaida leader- The PRESIDING OFFICER. The Sen- how you prevent the terrorists from ship. We have bottled up Osama bin ator from Michigan. coming here. Show us how you are Laden and Zawahiri. Mr. LEVIN. Mr. President, after Sen- going to win this war against ter- If we walk away because of this reso- ator DODD is recognized, we had pre- rorism. Show us how you are going to lution, it seems to me we will pay a viously indicated that Senator BROWN make a difference in the lives of all much heavier price later, and I am very and then Senator DORGAN would be rec- those who have lost loved ones thus concerned about that. ognized. We are trying to see whether far, not only on 9/11 but those who have My family lost my only living broth- it might be possible to substitute Sen- given their lives for us over in Iraq. er in World War II. He flew on one of Show us how pulling the troops out is the air raids that helped destroy Hit- ator KERRY for Senator BROWN, leaving going to defeat the terrorists. Tell us ler’s oilfields. It was a price our family Senator DORGAN in the same position. what happens after this resolution be- paid. I am very proud of my brother We are trying to determine that right comes law. Their plan offers only one Jesse. He was fighting for freedom, and now. For the time being, it will be Sen- option: making the United States look he did not walk away from the threat ator DODD, then Senator BROWN or Sen- like it lost to the terrorists in the Mid- Hitler posed. Today, we once again live ator KERRY, and then Senator DORGAN. dle East. That would be one of the in dangerous times, possibly even more The PRESIDING OFFICER. Without worst things that could happen to our dangerous. We cannot leave Iraq until objection, it is so ordered. Nation and one of the worst messages we give General Petraeus and our The Senator from Connecticut. we could send to the world. troops the opportunity to accomplish Mr. DODD. Mr. President, first, I I don’t find fault with anybody who their mission. We should not under- thank my colleague from Michigan. I sincerely believes in a resolution such mine their efforts with this resolution. commend him, along with Senator as this, but I question whether they Though I respect my colleagues dif- BIDEN, my chairman of the Senate For- have thought it through. Have they fering opinions I believe this resolution eign Relations Committee, and our ma- looked at the intelligence? Have they undermines their efforts—the efforts of jority leader, Senator REID, and others listened to our Armed Forces, who those young men and women who are for the tremendous effort they have know they are fighting for something sacrificing for us overseas. put into these matters over the last worthwhile, who know they are fight- We should not decide these matters number of weeks. I haven’t always ing for freedom, and who know they based on polls. Unfortunately, I think agreed with my leaders in the majority are fighting for the Iraqi people. Our we have far too many people who are on the course of action, but I have re- military fully realizes they are not paying attention to the polls. I look at spect for their efforts to try and build only fighting, as they had to, to over- some of the candidates for President consensus. I admire that. I always turn a vicious, cruel dictator, but to today, how they have changed their po- doubted whether consensus is some- create stability in a place that needs sitions gradually because they think thing we ought to try and get on an stability almost more than anything the polls require it. We are not here to issue such as this. Clarity, account- else. Our servicemembers also know respond to polls. We are here to do ability, real proposals that require up- that we have moderate Arab friends what we believe is in the best interest or-down votes that result in action I who are pulling for us. Allies, in the re- of our country. Some sincerely dis- think in the long term may be nec- gion, who hope we will succeed because agree with me and I understand that. essary here. I respect immensely the they know they will be next. And if we But I believe it is their solemn duty to efforts they have made to bring as fail, we will pay a price like nothing we explain what we are going to do if we many people as is possible under the have paid before. pull out of Iraq. Will we not create a same umbrella in dealing with this As I said, everyone in this body is a myriad of other problems? Will not the issue. friend of mine. However, I strongly dis- entire Middle East become a war zone? Once again, we find ourselves debat- agree with those who think this is a Under such conditions, Israel itself will ing the same basic issue with respect good resolution. I do not question their be threatened as well as moderate Arab to United States policy in Iraq, name- integrity or their desire to try and find countries. We cannot walk away, and ly, when is the President going to some solution. But this certainly is no we cannot allow the whole Middle East admit his policy is a failure? From how solution. This is a walk away that will to descend into the Salafis jihadist many different places do you have to cause us greater problems in the fu- arms. hear that—from the Baker-Hamilton I hope our colleagues will think these ture. If that happens, we are all going report, to the analysis by military to reap the whirlwind. matters through. I certainly hope they leaders. Over and over, the conclusion I have no doubt, as a member of the will vote against this joint resolution. has been the same. This is not a con- Intelligence Committee, that there are Many of my colleagues voted to bring terrorists who would love to destroy forth this debate. I understand their clusion I have arrived at myself, it is our country. There are some, who if set reasoning. However, I could not vote one that has been arrived at by almost free, would do everything in their for this debate because the resolution every group of people or individuals power to destroy our nation. is faulty on its face. who know anything about this matter. Frankly, we cannot walk away until I don’t know anybody who worries This policy must be fundamentally we give General Petraeus and our serv- more about our young men and women changed. The course must be changed icemembers an opportunity to win this who are sacrificing over there than I do to empower the Iraqis to take responsi- war. because our family has lived through bility for their collective future. If We have never fought a war such as it. Not only did we lose a brother in the they do that, there is a chance that this. I do not blame anybody who is Second World War, but we lost a broth- stability and a better future for them concerned that we are paying too high er-in-law in Vietnam. Just a few years can emerge. If they don’t, there is not a price. But I ask people to think about ago, my family buried another brother- a treasury deep enough or an army big the higher price we will pay if we don’t in-law who served with the Marines in enough to do that for them. win this war. I ask my fellow citizens Vietnam and rose to the rank of First How many debates, how many re- to understand that we are fighting peo- Sergeant. I feel deeply about these ports, how many more of our young ple who are dedicated to destroying matters, but if we don’t stand up and men and women are going to be killed those who disagree with them and do what is right, we will reap the or wounded until the President and his there will be a heavy price to be paid if whirlwind. It will cost us more than it advisers acknowledge the President’s we walk away from our responsibil- is costing us right now, and today’s policy has been a failure, unfortu- ities. cost is significant. nately, from almost the outset?

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Mr. President, we that everyone has concluded is the deployment of United States forces have been discussing this topic now for only possible way this matter can have from Iraq.’’ It spells out the transition some time, and it seems that there are an outcome that offers some hope to of the mission for the limited forces a succession of ways in which to fail. the people of that country? that would remain after the phased re- The Democratic leadership in the How many times can the administra- deployment of combat forces have been Senate is looking to persuade the tion and some of our colleagues here completed. American people that our national se- claim that any debate, any dissent, any This resolution unequivocally states curity would improve if we imme- action that departs one iota from the that the United States should begin a diately withdrew U.S. forces from Iraq President’s policy is somehow unpatri- phased redeployment of U.S. combat and provided our enemies with a time- otic, words we have heard too often in forces from Iraq. It states that the table and roadmap for our withdrawal. this Chamber and elsewhere to describe American forces remaining in Iraq This is exactly what S. Res. 9 would do. those who have a different point of should have a very different and more It would require the beginning of the view—I emphasize ‘‘a point of view’’— restricted mission: training, equipping withdrawal of U.S. troops from Iraq that has been embraced by people with- Iraqi security forces, force protection, within 120 days. out any adherence to a political party and targeted counterterrorism oper- The distinguished Senator from Con- or ideology who have reached the same ations. necticut said he didn’t even think that conclusion that this policy is not work- Crucially, this resolution also states was acceptable; that it should be even ing at all. that the redeployment of U.S. forces less than 120 days. So the underlying Jingoism and facile claims about shall be part of a comprehensive, diplo- goal is to remove all U.S. combat ‘‘support the troops,’’ about ‘‘good matic, political, and economic strat- forces by March 31, 2008. There will be versus evil,’’ about ‘‘victory versus de- egy, and it requires the President to exceptions for those who will stay to feat’’ can no longer, I think, be toler- develop such a strategy, a strategy protect personnel and to do the train- ated—in fact, they should never have that has been seemingly nonexistent ing of Iraqi forces, but the overall been tolerated in the first place. and that is critical to the stabilization premise is to diminish the U.S. pres- Let’s stop invoking the inverted of Iraq. ence in Iraq. To that end, I ask: What logic, as our colleague from Virginia, I am concerned, however, that the is the goal, just withdrawal or success? Senator WEBB, so aptly described it, of resolution allows for as many as 120 If all we are about is withdrawing, claiming that because there are troops days from the date of enactment to there are many ways to do that. This are in harm’s way, we, therefore, have pass before the President must com- timetable might be appropriate, if that to stay the course. mence the redeployment of U.S. com- were the only goal. But if the goal is We all know we have troops in the bat forces. I firmly believe this rede- success, if the goal is the opportunity field. We all honor the sacrifices they ployment can and must begin far soon- for Iraq to succeed in its effort at de- have made. They are a remarkable er, and that we should set a hard target mocracy, a different plan must be fol- group of people. Like many of my col- date for the completion of this phased lowed. leagues, I have been there on several redeployment rather than a soft goal of Setting artificial, arbitrary timelines occasions over the past couple of years. the end of March 2008, as stated in the for withdrawal has been opposed by Re- Regardless of one’s view on policy, the resolution. publicans, Democrats, our military admiration for the job these individ- We face a region-wide crisis of credi- leaders, and the Iraq Study Group. In uals are doing ought to be very high. In bility, a crisis that was caused by very the words of the Democratic leader on my case, it is. It is rather remarkable bad policy choices rather than fate, as January 31, 2005: the service they are providing. It is the some would suggest. While the United As far as setting a timeline, as we learned policy that needs changing. States may still remain an enormous in the Balkans, that is not a wise decision, No one is suggesting our troops don’t military power, and we are, our power because it only empowers those who don’t deserve all the support they can get, to influence has been greatly dimin- want us there, and it doesn’t work well to do but supporting our troops and opposing ished, unfortunately. It is this power to that. a policy ought not to require the kind influence that is critical, I think, to In the words of the current chairman of gymnastics that some of our col- America’s interest in the region and to of the Foreign Relations Committee, in leagues who oppose any changes sug- the future of Iraq and its neighbors. June of 2005: gest. It is my strong hope that the passage A deadline for pulling out will only encour- Having troops deployed overseas of this resolution will bring the United age our enemies to wait us out. should not prevent us from debating States one step closer to ending our Let me repeat that: It will only en- critically important issues relating to intervention in Iraq’s civil war and one courage our enemies to wait us out if the wisdom of staying the failed course step closer to developing and employ- we give a deadline. the President has charted. In fact, we ing critical, comprehensive, diplo- Democrats are trying to bring before do a grave disservice to our troops by matic, political, and economic strate- us the 17th version of how we would not having a public debate to shed gies in Iraq and in the wider region. manage the war in Iraq. Seventeen light on the many questions and con- Based on past experience, however, I plans in less than 2 months and none cerns that arise from our current in- have no confidence whatsoever that lead to victory. Can you imagine if the volvement in Iraq. this President will pay any attention commanders on the ground actually I have publicly stated many times to this resolution or this congressional had to take orders from the Senate? over recent months that this body debate. That has been the history of Thankfully, in our scheme of Govern- should urgently take strong, binding the administration over the past many ment and the way our Government was action to force the President to change months. So I say to my colleagues, if set up, we only have one Commander in his Iraq policy. While this resolution you are truly sincere in your support, Chief, one person giving the orders to before us does not represent as forceful as I believe you are, for the policies ex- our armed services so that they might an approach to accomplishing that goal pressed in this legislation, then I think succeed at our endeavors. as I would propose, it does take the we must be prepared to do far more in This attempt to micromanage the United States one step closer to ending the coming days, I hope in the short war at every level by Senate resolu- U.S. combat involvement in Iraq, and days, to bring an end to this destruc- tions is not what our Government for that reason I am going to support it tive and futile policy, including the ex- should do at a time of war. The Presi- as a first step in what I think is the ercise of the congressional powers of dent put together a new plan and a new right direction. the purse. We need to stop financing team. General Petraeus is on the This resolution goes beyond simply the administration’s reckless strategy ground as the Iraq allied commander, expressing disagreement with the and put critical resources into rebuild- and Admiral Fallon with the Central

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That statement was true then, and I people who ignored the sage advice of We are so fond of this whole atmos- believe it to be true today. military experts are the same people, phere of anti-Bush and the President During this debate, I want to hear with their same tired advice, who want that we forget that this is a plan that how nonbinding resolutions, dragged to escalate this war today. If we choose General Petraeus, our military leader out over several weeks, Saturdays in- to ignore history, we will be repeating on the ground in Iraq, has said he be- cluded, resolutions with the sole pur- a grave mistake. lieved was a plan that had a reasonable pose to undermine our Commander in This resolution does four important chance for success. So I say give Gen- Chief, will do anything but confuse our things. eral Petraeus and his plan a chance for troops, embolden our enemy, and com- First, this resolution reaffirms our success on the field. plicate our efforts to combat terrorism continuous support of our men and Our forces have not suffered a single and support this young democracy in women in uniform. Any official in our military defeat in this entire episode. the heart of the Middle East. Government who says anything other Obviously, we have had some losses, I oppose S. Res. 9. It is wrong for than that is playing to the crowd, is and a high cost in lives and injuries Iraq, it is wrong for the Iraqi people, it disingenuous at best. Our troops have and treasure, but we have not had a is wrong for the stability of the Middle done everything we have asked of them single military defeat. The sacrifice of East, and it is wrong for the national in Iraq. They have acted heroically. our troops, their sacrifice, must be for security of the United States. They have done their job. Some have a purpose: a state of Iraq that is not a Madam President, I suggest the ab- said that if we do not support the failed state. sence of a quorum. President’s plans, we are unpatriotic. The PRESIDING OFFICER (Mrs. They say we don’t support the troops. In hearing after hearing in the MCCASKILL). The clerk will call the Every Member of this body supports Armed Services Committee, I have lis- roll. the brave men and women fighting in tened to our military leaders, as well The legislative clerk proceeded to Iraq. Every Member of the Senate who as intelligence experts, give us the call the roll. stands up and speaks out in this war is same message, and their message is Mr. BROWN. Madam President, I ask demonstrating patriotism. Patriotism clear: A precipitous withdrawal from unanimous consent that the order for isn’t a yes-man; it is love for our coun- Iraq would almost surely result in a the quorum call be rescinded. try. Fighting against more of the same failed state, and a failed Iraqi state The PRESIDING OFFICER. Without in Iraq when more of the same is not would be a disaster for the Middle East objection, it is so ordered. working is what patriotism looks like. and our own national security. Mr. BROWN. Madam President, 4 Second, this resolution answers the I would suggest a rapid exit from Iraq years ago the President of the United demand of the American people to re- is not in America’s best national inter- States told the Nation that Iraq had deploy our troops out of Iraq. The est. I urge my Democratic colleagues weapons of mass destruction. The President’s original plan for Iraq has to articulate how exiting Iraq, allowing President told us that Saddam Hussein not worked, and his most current plan chaos to reign, allowing thugs to rule was aiding and abetting al-Qaida. Now for escalation is neither new nor dif- the streets, and fear to rule the hearts he is telling us that sending more ferent. We must have a timetable for of the Iraqi people will make America troops into Iraq will lead to some kind redeployment of U.S. forces or, at the safer. of victory in a country torn by civil very least, a plan for it—something the For years, my Democratic colleagues war and rife with insurgents. The administration has simply failed to do. have been calling for a change of President did not make a credible case Third, this resolution calls for a com- course. Well, President Bush provided in 2002. He has failed to do so again. prehensive strategy using diplomacy— one, a way forward politically, eco- Before the President sent our troops something else the administration has nomically, and militarily. The new into battle in 2003, I asked him a series failed to do. team, a new commander, and our com- of questions in a letter to the President Fourth, and perhaps most important, manders in the field, have said we need and in a House resolution, questions this resolution calls for oversight. The more troops, and the President pro- about strategy, about reconstruction, abdication of oversight and account- vided them. and about troop safety. He did not an- ability in past Congresses is nothing By the way, early indications are swer those questions then. He still has short of shameful. The administration that things are a little encouraging. not answered them. We do not know says the current plan for escalation American and Iraqi forces, side by side, his definition of victory. We do not will require 20,000 troops and will cost are walking in the streets of Sadr City know his plan for an exit strategy. We $5.6 billion. The Congressional Budget as we speak. It is too soon to tell, but still do not have an answer as to when Office tells a different story. In the so far, I, for one, am encouraged. This our troops will have all the body armor past, the President could put those may just work. Why not give it a they need. We are supposed to take it numbers out there and nobody would chance? on trust that sending more of our call him on that—nobody in this body The Democrats have provided 17 troops into this chaos will somehow who had any ability to do oversight. plans. None will give Iraq a chance to produce stability. Trust needs to be Instead of the 20,000 troops and the $5.6 succeed. I have a plan. Let’s support earned. billion this President claims it costs, our troops by providing them the fund- In November, voters in my State of the Congressional Budget Office said ing they need and allowing those re- Ohio and voters in Missouri and across the requirement will be 48,000 troops sponsible for executing the war to do the country spoke loudly and clearly and the price tag will be $27 billion. their job. Let the generals on the field that they do not support more of the Again, more of the same is not the an- run the war. same when the same simply has not swer. My colleagues on the other side of worked. Clearly, the President has not We have the duty to heed the call of the aisle try every day to equate this listened to them. It is up to Congress those who sent us to Congress, and global war on terror to Vietnam. I do to work together and up to Congress to with this resolution we have the oppor- not believe there are many similar- work on a new direction for Iraq. We tunity to heed that call. If the Presi- ities, but I believe there is one. That are well served to remember that we dent will not listen to the voters, if the war, Vietnam, was lost in Washington, stand in this room today at the will of President will not listen to his gen- and this one can be, too. Let’s not do the American people. We have a duty erals, if the President will not listen to that. to stand up to the President now as we the Iraq Study Group, if the President

VerDate Aug 31 2005 00:26 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.065 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3110 CONGRESSIONAL RECORD — SENATE March 14, 2007 will not listen to his own National In- eral, wants the same thing for this mass graves in Iraq that housed hun- telligence estimate, then we must country. We want our country to suc- dreds of thousands of skeletons of peo- make him listen to us as the people’s ceed. We are on our side, we are on the ple murdered by the Saddam Hussein representatives. side of right, we are on the side sup- regime. Is it a worthy thing to have de- Let us work today toward sending a porting the greatest country that exposed a leader of Iraq with that kind of clear message to the President and to ists on this Earth. record? Yes. Saddam Hussein is gone. the world that the era of congressional We made some serious mistakes. We He was executed. The Iraqi people have willful ignorance is over. We will hold went to Afghanistan. That was the now voted for their own Constitution. the President accountable, and we will right thing to do. It was, after all, Af- They wrote it and supported it. The start today. ghanistan that housed Osama bin Iraqi people have now elected their own The PRESIDING OFFICER. The Sen- Laden, who boasted about committing government by their own hand. So ator from North Dakota. the terrorist acts of 9/11, murdering there is no dictator, they have a Con- Mr. DORGAN. Madam President, this thousands of innocent Americans. They stitution, and they have a new govern- has been an interesting debate. I have boasted about that. They said, ‘‘We did ment. had the opportunity to watch some of it.’’ Al-Qaida, Osama bin Laden, al- The problem at the moment is they it and listen to more of it. I think we Zarqawi—‘‘We did it,’’ they said. They are not able to provide for their own are finally debating a very important were in Afghanistan, so we went to Af- security. In fact, there is a civil war subject. ghanistan and toppled the Taliban gov- occurring in the country of Iraq. We From time to time, there is a tend- ernment of Afghanistan, and the lead- have just received the latest National ency to treat the serious too lightly ership of al-Qaida escaped. The leader- Intelligence Estimate—the latest Na- and the light too seriously here on the ship of al-Qaida went, apparently, to tional Intelligence Estimate, which is floor of the Senate. This is a serious the hills in northern Pakistan. a compilation of whatever is said by matter being treated seriously. Our Then, with President Bush’s direc- the best minds that exist in the intel- country is at war. Today, we have tion, went to Iraq. ligence community. A great deal of top-secret informa- young men and women in America’s This is unclassified: tion was disclosed to those of us in military uniforms walking down alley- Iraq has become a self-sustaining intersec- Congress and some to the American ways and streets in Baghdad and other tarian struggle. people. The Secretary of State made a dangerous places in Iraq, risking their If you take those words as part of lengthy presentation with charts and lives. Some, perhaps today, will give what the National Intelligence Esti- slides to the United Nations, a presen- their lives. War is a serious subject, the mate says, this is a civil war. Now we tation to the world. It turns out much most serious subject for our country. end up with American soldiers right of the intelligence upon which that was I wish to talk a little about the his- smack dab in the middle of a civil war based was fundamentally wrong, some tory of how we have gotten to this in Iraq while Osama bin Laden and the of it embarrassingly inaccurate. place and what I think we should do. al-Qaida leadership exists in northern One single source, someone who we Pakistan directing al-Qaida’s terrorist I recall Memorial Day, shortly after now know the Germans thought to 9/11. I believe it was the first Memorial activities. have been a drunk and a fabricator, Now why does this matter? Let me Day after 9/11—perhaps the second— was used by the administration to sug- when a young man whom I had pre- describe why that is important. On gest that Iraq threatened our country January 11, 2007, Mr. Negroponte who viously appointed to West Point came because it had mobile chemical weap- back. He was missing an arm, from was then the Director of National In- ons labs. This source, called telligence testified before Congress. He combat. ‘‘Curveball,’’ whom we now know to We had, of course, gone to Afghani- said: have been a single source and a source Al Qaeda is the terrorist organization that stan, waging a war against the Taliban who lied, was the basis for substantial that had housed and harbored al-Qaida, possesses the greatest threat to U.S. inter- allegations to the Congress and the ests, including to our Homeland. Osama bin Laden, and then shortly American people about evidence of a thereafter we went to the country of Let me say that again. What is the weapon of mass destruction program in greatest threat to our country’s inter- Iraq. Iraq. The source for yellow cake from This young man, who came from a ests? Al-Qaida. That is not me; that is Niger turns out to have been forged pa- the head of American intelligence, Mr. small town in North Dakota and whom pers. Equipment to recreate a nuclear I was privileged to send to the West Negroponte. This was reaffirmed 3 weapons program in the form of alu- weeks ago by the current head of U.S. Point Academy, came back missing an minum tubes—the Secretary of State arm but enormously proud of having intelligence. The greatest threat to our and others gave us information about country, the greatest terrorist threat served his country. I recall speaking at that, information that is now public the outdoor event at the veterans cem- to our country, is al-Qaida. They pose but was imparted to us in top-secret the greatest threat to our interests and etery. He was there. He spoke. I was sessions without disclosing something enormously proud of him. He was proud to our homeland. she was responsible to disclose: There Now an additional statement by Mr. of serving his country. were other parts of the Government Negroponte says this: I guess I described a verse I heard that said no, these are not aluminum some long while ago—I don’t even [Al Qaeda] continues to plot attacks tubes to reconstitute a nuclear pro- against our homeland and other targets with know the author—that: gram, they are not that at all. They the objective of inflicting mass casualties. When the drums are heard and the light- are thought to be for use in rocketry, And they continue to maintain active con- ning is seen and the knives are out, and that is exactly what we found out nections and relationships that radiate out- The patriots are always there, ready to later to be the case. Very substantial ward from their leaders’ secure hideout in fight and die for their country if necessary. mistakes were made but, nonetheless, Pakistan to affiliates throughout the Middle We can name many patriots in this we cannot turn back the clock. Amer- East, northern Africa and Europe. country who serve today and who have ican soldiers were committed. All of this is a direct quote from the served this country—in world wars, As a result of that, a number of unclassified testimony of the head of conflicts—who serve today because our things have happened in the country of intelligence in our country. Al-Qaida is country asks them to serve. It is al- Iraq. While the terrorists fled to Paki- the greatest terrorist threat to our ways the case that old men send young stan and Osama bin Laden and al- country, No. 1; No. 2, they continue to men and women to war. Wars might be Zarqawi and the other leadership of the plot attacks against our homeland different if the ages were reversed, but al-Qaida organization hid in northern from their leaders’ secure hideout in they are not. Pakistan, now some over 2,000 days Pakistan. The question for me today is, What since they boasted about murdering Now let me ask the question: What is are our goals? My guess is every person thousands of Americans—while that the goal here? What is the goal for this serving in this Chamber, every man was the case, we went to Iraq. country? We were attacked on 9/11. and woman, every Republican and Saddam Hussein was deposed. This Thousands of Americans were mur- Democrat, every conservative and lib- man was a butcher. We have unearthed dered by airplanes full of fuel, used as

VerDate Aug 31 2005 00:26 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.077 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3111 guided missiles to fly into office build- stands up and has a strong passion and I chaired a democratic policy com- ings, to the Pentagon. We were at- opinion about these issues, I respect. mittee hearing last year, and retired tacked on 9/11 by al-Qaida. They boast- The last thing I would ever do is sug- Marine Colonel Hammes came to the ed about it. They said: We did it. Give gest they are not patriotic, they don’t hearing. He said: You know, in the Sec- us credit. We murdered innocent Amer- love their country, they do not support ond World War, at the end we were pro- icans. soldiers. All nonsense. Every man and ducing 50,000 warplanes a year. Where are they now, over 2,000 days woman who aspires to come and serve, Do you know why? Because our coun- later? They are, according to our top who is here in this Chamber, I know try, by God, decided the whole country intelligence experts, in a secure hide- loves this country, supports our sol- was going to make an effort to go to out in Pakistan with the objective of diers, and wants our country to suc- war, to commit and to produce and do inflicting mass casualties by con- ceed. That is a fact. This is not about everything there was to give our sol- tinuing to plot attacks against our anybody having bad motives. It is diers the opportunity to fight and win. homeland. about our country trying to make a de- We have not done that. So what are we doing today? We are cision: Are we on the right path or the The Army has ordered 2,500 of those in Iraq going house to house, in Bagh- wrong path? Do we think the experi- new armored personnel carriers some dad, in the middle of a civil war. ence we have had in Iraq—now that estimate will save two-thirds of the What is the goal? Is our goal to fight this has become a civil war, in which lives that are now being lost to IEDs. terrorism? To take on the terrorists? we have made very little progress but Our country is told we are at war, you To eliminate the terrorists? To elimi- seen many Americans killed and far go ahead and go to the mall, go shop- nate the leadership of al-Qaida? Is it more wounded—do we think that kind ping. The soldiers will go to war. In our goal to go after those who attacked of situation can and should continue, fact, we won’t ask you to pay for any- our country and murdered thousands of or should we say to the Iraqi people the thing either. We have now spent $450 innocent Americans? following: We want what is best for you billion, plus or minus. We are on the If that is our goal, let me ask this as well. We have, with the blood and way to spending over $650 billion in Af- question: Why are they in a secure treasury of American soldiers and the ghanistan and Iraq and the war on ter- hideaway in northern Pakistan and our American people, given you the fol- rorism without asking the taxpayer to soldiers are going house to house in a lowing opportunities: You were able to pay one cent; add it to the debt. The civil war in Iraq, in Baghdad? Why? get rid of Saddam Hussein. He does not country has not been asked to go with Maybe it is not our goal to fight the exist anymore. He has been executed. the soldiers. There is no sacrifice. It is terrorists. Is it not our goal to take You were able to write yourself a new just the soldiers. them on where they are? Yes, there are constitution and you were able to cast We have a resolution on the floor of some al-Qaida in Anbar Province in your votes for a new government. the Senate. The resolution is S.J. Res. Iraq. This resolution, by the way, will The question now is this: This is your 9. I heard some of the debate a bit ear- allow us to redeploy in Iraq to make an country, not ours. Do you have the will lier. Some have suggested this resolu- even greater effort against that al- and the capability to provide for your tion is about cutting and running. Peo- Qaida organization that exists in own security? Iraq belongs to you, not ple will think we have left. I think Anbar Province. But our National In- us. If you cannot provide for your own most of the people in this world would telligence Estimate is quite clear: security, the American taxpayer and take a look at us and say this is the What is happening in Iraq, in the main, the American soldiers cannot do that strongest country in the world. It has outside of Anbar Province has very lit- for a long period of time and should not got the biggest military in the world. tle to do with al-Qaida and with ter- be asked to do that year after year We spend more money than any other rorism. It has everything to do with a after year. country, any other series of countries, civil war and sectarian violence. We ought to redeploy, and that rede- on defense. We spend more money than So the question is: What should be ployment ought to be so our country the top 30 countries combined on de- our goal? I very strongly believe we can wage war against terrorists. We fense. Unbelievable. should redeploy our troops and under- know where they are. Our National In- We were attacked by the leadership stand that our obligation is to take on telligence Estimate and the head of the of al-Qaida and their operatives on those interests that want to attack us national intelligence organizations 9/11/2001. It is now 2007. They are still in our homeland, those interests that have told us. They are the greatest alive. Our national intelligence chief attacked us previously, those interests threat. We know where they are. Yet tells us where they are. They are still that represent the greatest threat to my guess is they do not feel terribly the greatest threat to this country. our country as described by the head of threatened today. They are still plotting attacks against U.S. intelligence. What is the goal? What is our goal our country. And we are this behemoth Why on Earth on this day, Wednes- here? I would hope our goal as a coun- military Nation that has such capa- day—2,010 days, nearly, following 9/11, try is to decide to go after and elimi- bility. Why are we not using that capa- after Osama bin Laden and al-Qaida nate those terrorists who plot attacks bility for the goal I think is pre- boasted about launching attacks in our against our country. eminent, and that is the goal of pro- homeland and murdering the American Now there are many ways for us to tecting our country and eliminating people, murdering thousands of Ameri- manifest our love of country and our those who are plotting attacks against cans—why on Earth would we not be in passion about these issues. But I think our country, the leadership of al- a full-court press to prosecute the war there is one other issue most of us Qaida? The way to do that will not be against terrorists? No, this situation in would agree upon. One of the concerns to wait for President Bush to decide he Iraq is not a proxy against the war on I have had about what is happening wants to change course. He does not terrorism. It is not. It cannot be de- these days with respect to the Iraq war want to change course. He wants to scribed that way. is we have sent soldiers to war, but we keep doing what we have been doing. The National Intelligence Estimate have not asked our country to make a But the way to change course is to pass tells us it is sectarian violence, by and similar commitment. Just this morn- the piece of legislation that says: Let large. The head of national intelligence ing I asked the Chief of Staff of the us redeploy our troops. tells us where the head of the greatest Army at a hearing, an Appropriations Speaking only for me, I believe the threat to our country is in northern hearing, about a new personnel carrier redeployment ought to be to go after Pakistan, the leadership of al-Qaida. we have developed. They say it will re- the greatest threat that exists to this We are going door to door in Baghdad duce deaths from improvised explosive country’s future, the greatest threat in the middle of a civil war, and they devices by two-thirds in a country such described by our National Intelligence are in northern Pakistan promoting as Iraq—new design, stronger, more ca- Estimate and the national intelligence continued attacks against our home- pable. I asked: Were we ordering a lot chief. It is not a surprise, not a secret. land. of them? No, not really. At today’s We all understand where that threat is. Is that a disconnect? It seems to me pace it will take about 6 years to re- And yet we reduced our forces in Af- it is. Anybody in this Chamber who place the existing vehicles. ghanistan early so we could invade

VerDate Aug 31 2005 02:06 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.079 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3112 CONGRESSIONAL RECORD — SENATE March 14, 2007 Iraq. Now we have got problems in Af- attention to where it should have been Nearly 70 percent of all the oil we use ghanistan. We have got bogged down in all along; and that is, to confront the is used in transportation. We run it Iraq. We are now in the middle of a greatest threat that exists to our coun- right through our vehicles, by and civil war in Iraq. try, which is al-Qaida, its network large, and 70 percent of it is used in the The greatest threat to our country’s around the world, and its plans to try transportation sector; and that line is interests is in a secure hideaway in to create terrorist acts in our home- going up, up—way up. We need to find Pakistan; a secure hideaway. That land. ways to address this issue of our unbe- ought never happen. The head of intel- That ought to be our goal. The way lievable dependence on foreign oil and ligence in this country ought never be to achieve that goal is through the re- the substantial increase in oil inten- telling us there is a secure hideaway deployment that would come with this sity in the transportation sector. for the organization that wants to de- legislation. So we are introducing a piece of leg- stroy our country, to launch attacks Madam President, I yield the floor islation that does a lot of things. A, it against innocent Americans. There and suggest the absence of a quorum. demands that vehicles be more effi- ought not be a place that is secure on The PRESIDING OFFICER. The cient. And we are not leaving out any this planet for people who are doing clerk will call the roll. vehicles. This includes big trucks. Get that. The assistant legislative clerk pro- a car these days and compare it to a What is the goal? Is not the goal to ceeded to call the roll. car you would have purchased 10 years Mr. DORGAN. Madam President, I fight terrorism, to take on the terror- ago—identical models—and what you ask unanimous consent that the order ists? If that is the case, then let’s heed will find, I bet, is there has not been for the quorum call be rescinded. the words of the head of intelligence, The PRESIDING OFFICER. Without one bit of progress in fuel efficiency in to know where they are, what they are objection, it is so ordered. 10 years. doing, who they are, and find a way to Mr. DORGAN. Madam President, I Oh, the car company will say: That is bring them to justice. The sooner the ask unanimous consent to speak as in not true. This is much more efficient. 1 better. After nearly 5 ⁄2 years, it is past morning business for 5 minutes. It is heavier, but you get the same gas time, long past time for us to set our The PRESIDING OFFICER. Without mileage, even though you are actually sights on those who represent the objection, it is so ordered. pulling more weight. That is all balo- greatest threat to our country. That is Mr. DORGAN. Madam President, I ney. The fact is, in terms of how much the reason I will support this resolu- understand Senator FEINSTEIN is on her oil we use, we are not making any tion. This is about redeployment. This way. As soon as she arrives, I will yield progress on efficiency. As a result of is about establishing the goals we the floor. that, I believe, finally, it is long past ought to have as a country. FUEL EFFICIENCY ENERGY ACT the time when we ought to demand in- Finally, let me say this: I have enor- Mr. DORGAN. Mr. President, I wish creases in the efficiency in our vehicle mous respect for the men and women to comment very briefly on legislation fleet. serving in the military. They are an that Senator LARRY CRAIG of Idaho and Second, we believe we are going to unbelievable bunch of young men and I are introducing today. It is a bipar- have to find additional oil. I under- women. I recall speaking to a heli- tisan piece of energy legislation. I wish stand that digging and drilling, which I copter crew in Afghanistan. They were to describe it briefly. call ‘‘yesterday forever’’ as an energy young men and women, average age 19, We are in the process, this year, of strategy, is not the only strategy, but 20, 21, 22 years of age who were keeping trying to put together another Energy we do have to find some additional oil. those helicopters in the air. bill. I am on the authorizing com- We believe we should open up addi- The officer said these are kids, but mittee. So with the leadership of Sen- tional lands in the Gulf of Mexico, they are highly trained kids, highly ator BINGAMAN and Senator DOMENICI where the substantial quantity exists. motivated kids, these young people. and others of us on the authorizing We would do it by protecting beaches You go in the field and watch what committee, we will try to write a new and protecting the viewshed, but there they do, and it is unbelievable. They Energy bill. That bill has a lot to do is substantial energy there we ought to love their country. When their country with security—oil security, energy se- be able to get. asks them to serve, they serve. But curity but the security of our country Third: a dramatic increase in renew- their country, it seems to me, owes as well. able energy. Yes, cellulosic ethanol, them something too. Their country If we woke up some morning and ter- biodiesel, and a whole series of areas of owes them the responsibility of clear, rorists had interrupted the supply of achieving substantial additional re- thoughtful policies, the ability to ad- oil to our country, we would be in a newable energy—all of that is achiev- dress what is important to our country. desperate condition. On this Earth of able if we decide as a country to estab- When we use military force, we ought ours, this planet, we stick straws in the lish that as a goal. to use military force not in the middle planet and suck out oil—about 84 mil- We believe doing a number of things, of a civil war some place, but instead lion barrels of oil a day. Of the 84 mil- some of which are very controversial, use military force to confront the ter- lion barrels a day that is taken out of to both increase production and de- rorists who threaten America. That is this planet, 21 million barrels is used in crease use—that is through conserva- what military force ought to be used the United States. One-fourth of all the tion and efficiency—can move us to a for at this point. We understand ter- oil is used in this little patch of ground much less oil-intensive economy. rorism is awful. Most of us have never called the United States. Now, there is more to do. The larger, before understood there are plenty of Nearly 65 percent comes from outside comprehensive bill will have to include people out there who are willing to die our country, much of it from very trou- the issues of electrogeneration and themselves if they can kill a few inno- bled parts of the world—Saudi Arabia, transmission, and all these other cent people in order to make their Kuwait, Iraq, Venezuela. We are des- issues. We are dealing, in the legisla- point. That is something we have never perately dependent on oil from other tion Senator CRAIG and I are intro- before understood very well. That is countries—again, in many areas, trou- ducing today, with the question of oil modern terrorism. We have to confront bled countries in the world. intensity in the transportation sector, that. We owe it to our soldiers to have We have to find a way to move to- which is a very substantial part of our a set of goals that represent the best ward energy independence. Senator oil usage. interests of this country. CRAIG, a Republican, and I, a Demo- Now, we do not believe necessarily So my hope, in short, is for us to be crat, have worked on a bipartisan basis that somebody is going to say: Well, do able to tell the Iraqis: This is your to introduce legislation that has been you know what? Let’s take this entire country, not ours. You need to provide put together for nearly 2 years now by bill as it has been written and have a for your own security. We are going to an organization of retired business ex- vote tomorrow. We understand that is give you a sufficient time to do that, ecutives, retired military officers, to not the way it works. But we do believe but we cannot keep American soldiers talk about reducing the oil intensity in it is important for us to take a hard in the middle of a civil war for a great this country, especially dealing with look at these energy issues from a se- length of time. We intend to turn our transportation. curity standpoint.

VerDate Aug 31 2005 02:06 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.080 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3113 We talk about energy in many ways and the ideas that are represented in down our troop levels. This resolution too casually. Our country runs on en- this plan as a new approach to energy does exactly that. It is a vehicle for the ergy. Especially the issue of oil is a in our country’s future. Congress to show leadership, to tell the very important issue because so much Mr. DORGAN. Madam President, I President that he has put us on the of it comes from off our shores. So yield the floor and suggest the absence wrong course and that a political solu- much of it comes in circumstances that of a quorum. tion is the key to this conflict. we have very little control over. I withhold the suggestion of an ab- This resolution sets us on that path. From an energy standpoint, I was sence of a quorum. It spells out clear deadlines: The thinking the other day about a visit I The PRESIDING OFFICER. The Sen- phased redeployment of our combat had with our former colleague, John ator from California. forces must begin within 120 days of Glenn, who described to me, late one Mrs. FEINSTEIN. Madam President, the resolution’s passage. A goal of night on an airplane as we were flying I would like to particularly commend March 31, 2008, would be established for over the Pacific on our way to Asia—I the leader, Senator REID, and the the redeployment of our combat forces was pumping him with questions be- chairman of the Armed Services Com- out of Iraq. This resolution also rede- cause I was a young boy as I listened mittee, Senator LEVIN, for the work fines the mission. A smaller force could on the radio about his space flight. I that has been done in putting together remain in Iraq. The mission would be was asking John about all of this, and a resolution which, as much as pos- limited to force protection, training I had read about the time when the sible, can meet some of the objectives and equipping Iraqi troops, and tar- city of Perth, Australia, I think it was, of the Democratic majority of this geted counterterrorism operations. decided to light every light bulb in the body at the present time. That is not It is, in a way, similar to the resolu- city as a signal to this astronaut flying an easy task. tion I introduced last month which set up there alone circling the Earth. I think Members who participated in an expiration date for the 2002 author- John Glenn told me, when I asked this effort took into consideration that ization for the use of military force in him the question: As you reached the in less than a week our Nation will Iraq. dark side and looked, did you ever see mark 4 years in Iraq. We have spent This resolution fills a void. It puts a Perth, Australia, because they lit all nearly $400 billion. We have lost more long-term political, diplomatic, and the lights of the town to signal you?— than 3,000 Americans. More than 140,000 economic strategy for Iraq at the cen- and he said he did. He looked down. of our own brave men and women find ter of our national policy. That is The only evidence of life on Earth on themselves trying to salvage a situa- where I believe it should have been a the dark side was to see a shining light tion that simply cannot be solved long time ago. It is consistent with the that was then Perth, Australia. But through military force. views of the American people, whose that light was, of course, a product of If I believed there was any chance the opposition to this war and this esca- energy—energy produced by human military could solve the problem of lation or surge remains strong and sus- beings to make life better on this hundreds of years of hatred between tained to this very day. But instead of Earth. So now we come to the year Sunni and Shia by resolving what is ef- following the will of the American peo- 2007, living in the greatest country on fectively a civil war, I would believe ple, this administration is pursuing a Earth—but an unbelievable, prodigious this surge and more troops might solve surge in forces which appears to be consumer of energy—in a situation this situation. But I do not. growing. The administration has not where we do not have a secure energy The only solution rests with the Iraqi set any limits on the number of troops supply, with 60 to 65 percent of our oil Government and the Shia majority. needed or on the duration of the mis- coming from Saudi Arabia, Kuwait, The Iraq of today is embroiled in four sion or the cost to the American peo- Iraq, Venezuela, and other parts of the different wars—a terribly complex civil ple. world where there is great turbulence. conflict that even General Petraeus, In January, the President said he So the question for this Congress is our commander in Iraq, says requires a would send an additional 21,500 troops what to do about that. The answer is, political solution. to Iraq at a projected cost of $5.6 bil- as is the case in all areas of security, Simply put, there is no end in sight. lion. Yet just this week the White we need to be concerned and we need to Yet the President insists on escalating House asked the Congress for another take action to become less dependent our troop presence there. None of this $2.5 billion to pay for an additional and more independent, to the extent we makes sense to me because I deeply be- 4,700 support troops for the surge in can, on foreign oil. lieve we must change our course in Iraq. The costs keep rising. So working with a wide group of in- Iraq. That is why I support the joint The Pentagon initially said it would terests, with an organization that has resolution before us today. be only a matter of months before we been working now for several years to Where the administration expands could assess whether the surge was a put this plan together, Senator CRAIG our involvement in Iraq, this resolu- success. I believe the new Secretary of and I are introducing this legislation tion sets a time limit. Where the ad- Defense, Secretary Gates, said we today in the Senate. I wish to take a ministration sees a military solution, should know within 4 months whether brief moment to comment about what this resolution recognizes that the so- this surge is successful. But the com- that plan is. lution must be political. Where the ad- manders on the ground now suggest we We take—pretty much all of us ministration calls for more money and may have to sustain the escalation take—energy for granted. We live a more troops, this resolution says: until well into next year. Yet it is clear great life. For light, we simply turn on Enough is enough. Where the adminis- our military is under such strain that a switch. To move someplace, we turn tration fails to put demands on the the only way to maintain those 20 bri- a key and gasoline flows from the tank, Iraqi Government, this resolution tells gades is by extending the deployment through the carburetor, the fuel injec- them: You must take responsibility for of many of our soldiers in Iraq, and by tor, and we do not think much about your own future. making many more deploy overseas that. But it has given us a pretty unbe- The Iraqis must realize our commit- much earlier than planned. lievable life. Through it all, we have ment is not open-ended and they must We are breaking our own military in never had to be very conscious about stand on their own. How can we ever Iraq, even as it becomes increasingly saving, economizing, efficiency, con- expect that Iraqis will be able to stand evident that success cannot be servation, and we have not had to be as up and make the political choices if we achieved militarily. conscious as we should be now about keep such a large, sustained American Just consider these facts. More than where oil comes from. troop presence in Iraq? We become the 420,000 troops have been deployed at For that reason, we have introduced buffer, then, that prevents the solu- least twice; 420,000 men and women a piece of legislation that I think has tion. Only the Iraqis can choose to end have been deployed twice. More than substantial merit. We will work with this civil war. Only the Iraqis can unify 50,000 troops have had their tours ex- Senator BINGAMAN and Senator DOMEN- their country if, in fact, the Shia ma- tended through ‘‘stop-loss’’ orders. ICI and others on the authorizing com- jority want a unified Iraq. Yet this will Troops are being rushed into the field mittee to incorporate the provisions never happen until we begin to draw without proper training and without

VerDate Aug 31 2005 00:26 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.082 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3114 CONGRESSIONAL RECORD — SENATE March 14, 2007 enough armor. We are leaning more gentleman throughout. It is not his The PRESIDING OFFICER. Without and more heavily on the National fault in any way. I hold no one to objection, it is so ordered. Guard. Yet 90 percent of the Guard blame. I just want to make sure that as Mr. MENENDEZ. Mr. President, I ask units in the United States are rated negotiations go forward from this unanimous consent to speak as in ‘‘not ready.’’ minute, they are based on what is best morning business. I understand why the President may for the Senate and has nothing to do The PRESIDING OFFICER. Without wish to talk about ‘‘encouraging signs’’ with my trip. I will continue to work, objection, it is so ordered. in Iraq. But the facts show otherwise. I tell all my colleagues, both on the PREDATORY LENDING Even while the violence in Baghdad has majority and the minority side, with Mr. MENENDEZ. Mr. President, I decreased, violence outside the capital the distinguished Republican leader to wish to address one of the largest prob- has increased. Two hundred Shia pil- do everything we can so that we don’t lems plaguing our home buyers today; grims have been killed in just the past have votes on Friday, but we may not that is, predatory lending. Over the week alone. As insurgents have left be able to do that. I think we can, but past few days, the Wall Street Journal Baghdad to avoid the ongoing military we may not be able to. If we can’t work has written a number of articles about crackdown, they have simply melted something out on a consent to finish abuses in the subprime lending indus- away into outlying regions, waiting for this Iraq debate in some positive man- try prompting a much needed crack- the pressure to ease. ner, then we would have to have—I down on dishonest practices and deceit- What makes anybody think this will would have to move to cloture tomor- ful lending. In addition, on Tuesday, be any different by the end of this year, row night some time, at 6 or 7 o’clock. the Mortgage Bankers Association re- the middle of next year, or the end of But I will continue to work on this, ported that the number of new fore- next year, or any other time? While and I apologize. Even though I had one closures reported during the fourth more American soldiers deploy to of my staff a few minutes ago call the quarter of 2006 reached the highest Baghdad, the Iraqis have yet to provide Mexican Ambassador to say that we level in 40 years. Not surprisingly, fore- all the troops they promised. would likely not be able to do that closure and delinquency rates were There is no end in sight. This joint trip, and now we are not going to be highest among subprime lenders. resolution changes that. It changes able to do the trip, I will call the Presi- Mr. President, enough is enough. The course. It redefines the mission. I urge dent of Mexico and tell him there will recent scandal at the New Century Fi- the Senate to vote for it. be other times to do this trip. nancial Corporation, one of the largest I thank you, and I yield the floor. Mr. MCCONNELL. Mr. President, will subprime lenders, is a final straw. As the majority leader yield? The PRESIDING OFFICER (Mr. the Wall Street Journal describes in OBAMA). The majority leader is recog- Mr. REID. I yield to the minority one instance, an elderly woman was nized. leader. struggling to make her $952 monthly Mr. REID. Mr. President, I apologize Mr. MCCONNELL. Mr. President, let to everyone, especially those who were me just echo the remarks of the major- mortgage payments when a mortgage planning on going to visit with the ity leader. I see that Senator WARNER broker called and offered her a ‘‘senior President of Mexico with me on Friday. is now on the Senate floor. He and I citizen’s loan’’ from New Century Fi- I have had a longstanding appointment had a conversation at noon about a nancial. They told her she wouldn’t with the President to talk about issues proposal he hoped to offer. It is my un- need to make payments for years. Well, important to our country, but we are derstanding, I would say to my friend, she didn’t get years. Instead, her now in the midst of this debate dealing the majority leader, that his proposal monthly payment skyrocketed to $2,200 with Iraq and, following that, the U.S. has just been handed to us. That was per month, more than double her in- attorneys. I have told everyone that we the reason for the delay this afternoon, come. With the assistance of a lawyer, weren’t going to have votes on Friday, with all due respect to the Senator she escaped foreclosure, but many oth- and that was really my intention be- from Virginia. I know he was working ers are not as fortunate. This is a cause I was going to be out of the coun- on drafting it, but that is the reason we prime example of the consumer exploi- try with five of my colleagues. I have not been able to hopefully get to tation occurring in subprime lending, haven’t had a chance to speak to any of the point of having an agreement, and it is simply unacceptable. the five Senators who are traveling which the majority leader and I both Unfortunately, there are many more with me. But I think it is only fair at would like to have. examples. Unscrupulous predatory this time that I cancel my trip, and We are ready for this debate, and now lenders prey upon the innocent and that is the reason I am addressing the that Senator WARNER is on the Senate unsuspecting. We know these lenders Senate now. My trip is canceled as of floor and has his proposal, we will give are more likely to target women, ra- now. a copy to the majority, and I will be cial minorities, and the elderly. In I don’t hold any ill will toward any- able to see it myself, and hopefully, fact, a recent academic study by the one. Senator MCCONNELL has worked shortly, we will be able to enter into an University of Denver found that more with me every half hour today trying agreement that will be satisfactory to than 130 million Americans without to work something out, so this is not both sides. Certainly, that is my hope prime credit scores—the type you need any finger pointing in any way. I just and my expectation. to get a low-cost loan—are dispropor- Mr. REID. I thank the Chair. want the RECORD to reflect that I think tionately African American and His- The PRESIDING OFFICER. The Sen- we will work something out so we will panic. How can we sit by while these ator from Virginia is recognized. groups are not only being robbed of not have to be in session on Friday, but Mr. WARNER. Mr. President, may I their savings but robbed of their I don’t want anyone thinking that any say the distinguished Senator from dream? For many, home ownership is of my work toward completing every- Kentucky is exactly right. I am doing the key to making the American dream thing we need to do here by tomorrow my very best, in consultation with a reality. is based upon my trip because that is Senator NELSON and other Members, to I have been a longtime advocate for not it. I want to make sure that every- try to prepare this document. It is now increasing home ownership in under- one is free. I will be talking to my col- in draft form. I would hope it could be served and minority communities. leagues independently and telling them concluded very shortly. So I plead that we will try to do this some other guilty to the facts, and I apologize to More and more Hispanics, for example, time. But I think I would be judged the distinguished leader. are realizing their dream of home own- very poorly if during the midst of this Mr. DURBIN. Mr. President, I sug- ership, with more than 50 percent of all debate on the most important issue gest the absence of a quorum. Hispanics in the country owning facing the American people—Iraq and The PRESIDING OFFICER. The homes. But when an average of 63 per- then the issue we are also trying to re- clerk will call the roll. cent of Hispanic household wealth solve, and that is the U.S. attorneys The assistant legislative clerk pro- comes from ownership equity alone— problem—that my trip got in the way ceeded to call the roll. the highest percentage of any group—it of that at all. Mr. MENENDEZ. Mr. President, I ask becomes clear the power that home Again, I want the RECORD to reflect unanimous consent that the order for ownership has to bring more families that the Republican leader has been a the quorum call be rescinded. out of poverty, increase safety in our

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Eisenhower famously once said: ‘‘Any- access to capital and mortgage options I would have preferred to have the in- one who sets a deadline in war doesn’t for those who are legitimately prepared dustry fix this situation, but I person- understand war.’’ to take on the responsibilities of home ally am no longer willing to wait. This We need to be clear with ourselves ownership. There are legitimate lend- has been going on far too long. Time and with the Nation. The joint resolu- ers who fill that need, and we should has run out, and I believe we need a tion we are debating would impose a continue to work with them to pre- legislative solution. As a member of fixed date for the beginning of a with- serve safe and secure loan options for the Banking, Housing, and Urban Af- drawal from Iraq. In just 120 days after consumers. fairs Committee, I look forward to this legislation would be passed, Amer- Unfortunately, predatory lending is working with the chairman of the com- ican forces would be required by law to making a mockery of the home-owner- mittee, Senator DODD, to address pred- begin redeploying out of Iraq. This ship dream for far too many individ- atory lending and to develop a solution would happen regardless of conditions uals. Ironically, however, deceitful that will protect the Nation’s home on the ground, regardless of the rec- subprime lenders are living the dream. buyers. ommendations of General Petraeus, re- They are making enormous amounts, I wish to assure the American people, gardless of the opinions of our allies in often making millions in profits. They those who are currently struggling to Iraq and throughout the region, and re- do that by undermining the very es- pay their mortgage and those who are gardless of whether security is then sence of that dream for so many in our looking to own a home, that I will not improving or deteriorating. It would country. Last year, subprime loans to- rest until they are protected against bind the hands of General Petraeus, taled about $605 billion, which is one- the claws of predatory lenders. Enough substituting the judgment of Congress fifth of the total overall market for is enough. American consumers deserve today for the judgment of our military U.S. home loans. We simply cannot ig- safe and secure mortgage options and commanders, our diplomats, and our nore this segment of the market which new protections against predatory friends in the region 120 days from now. serves some of the most vulnerable lending. Congress has been given many great populations, including women, seniors, Finally, for those across the country responsibilities by our Constitution, and minorities. who believe this is an issue which af- but the daily micromanagement of war Many Americans listening probably fects just homeowners or minority is not one of them. In fact, the pro- think they could never be a victim of communities or those who should know ponents of this resolution, as I listen to these predatory lenders. Judging from better, I say ‘‘think again.’’ As today’s them, make no attempt to justify why their financial success and the signifi- Wall Street Journal reports, this issue 120 days from now is exactly the right cant impact their practices are having has a chilling rippling effect across our time to commence a withdrawal. Per- on the stock market and the economy Nation’s economy, leading to sharp de- haps that is because there is no mili- as a whole, it is clear that far too clines in the stock market and a sense tary or strategic logic at work. This is many Americans are falling victim, in that we are ‘‘kind of back to panic a deadline which is as arbitrary as it is many instances through no fault of mode,’’ according to one economist inflexible. It specifically denies a great their own. In communities across quoted in the article. So don’t be American general, David Petraeus, the America, people are losing their homes fooled. This is a serious issue which has room for decisive leadership, which his- and their investments because of pred- far-reaching effects across our econ- tory tells us any successful commander atory lenders. Let me take a moment omy. Without prompt action, we put must have. Surely we know better than to list their tactics. not only more individuals at risk of de- this. Surely we cannot think this is a Deceptive subprime lenders encour- ceitful predatory lending practices but path to success or security. age borrowers to lie about their in- we put our financial markets and our I have heard opponents of the current come, expenses, or cash available for economy at risk as well. The time to strategy insist that our troops should downpayments in order to get a loan. act is now, and I look forward to work- not be there ‘‘policing a civil war.’’ They approve loan applications in ing with my colleagues to do just that. Well, that position, that statement which the income fields have been left Mr. President, I yield the floor. would come as a surprise to the sol- blank. They knowingly lend more Mr. LIEBERMAN. Mr. President, I diers who have been serving in Bosnia money than a borrower could possibly rise to speak against S.J. Res. 9. and Kosovo over the past decade, first afford to repay. Furthermore, these Today, the Senate gathers once again stopping and now policing a civil war— lenders tell borrowers they have no to debate the war in Iraq. This is a de- in fact, two of them. They were cor- other chance of getting a loan or own- bate which has been at the center of rectly, wisely dispatched there by a ing a home. For many who dream of our national politics—indeed, of our Democratic President, with the sup- home ownership, it is hard to ignore. national consciousness—for 4 years port of Democrats in Congress, the sup- Home buyers are asked to sign sales now. As everyone here knows, we are port of many of the same colleagues of contracts or loan documents that are now in the thick of the battle for Bagh- mine who are today calling for this blank or that contain information dad, a critical battle where the out- withdrawal. which isn’t true. They sign forms come hangs in the balance. I ask you, my friends, what has where the cost-of-loan terms at closing A new commander, GEN David changed? Has security worsened in Iraq are not what they agreed to. Petraeus, has taken command, having since the new strategy began? Has the The lenders’ tactics are deceptive, been confirmed by the Senate 81 to 0 political situation deteriorated? Have and their words are convincing. It is no just a few weeks ago. A new strategy is you lost confidence in General wonder many Americans have fallen being put into action, with new troops Petraeus, whom we confirmed just a into the trap. That is why I believe being deployed into Baghdad. The ques- few weeks ago? I think the answer to those who engage in predatory lending tion we in the Senate now confront is all those questions is no. practices must be held accountable. We simple: Will Congress give General So I would ask: If we were to stop our should no longer sit by while our com- Petraeus and his troops a chance to legislative debating and maneuvering munities are being targeted by these succeed? for a moment and actually look at individuals and companies. We must This joint resolution before us would what is happening in Baghdad right address predatory lending through vig- deny them that chance, forcing our now, what would we see? We would see orous enforcement of safety and sound- troops to break off the battle of Bagh- that sectarian fighting between Sunnis ness standards, consumer protection, dad in 120 days without regard to how and Shiites is down in districts in financial education programs, and they are doing. Instead of providing Baghdad where American and Iraqi

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General Petraeus has said he matically and most importantly estab- the last year, has gone to ground. We will be able to advise us, the President, lishes a goal of removing U.S. combat would also see signs of political the Nation, whether his plan is suc- troops by March 2008. progress, including the passage of the ceeding by the end of this summer. It requires the troop redeployment new oil law by the Iraqi Cabinet, re- Until then, let me suggest an alter- out of Iraq begin no later than 4 newed talks by Sunni insurgent leaders native course for Congress. Let me sug- months after the legislation is enacted. about reconciliation, and even word of gest we declare a truce in the Wash- The goal it sets of redeploying most of an impending Government shakeup in- ington wars over the war in Iraq. For our troops out of Iraq, March 31, 2008, volving the removal of some Ministers the next 6 months, let’s let our troops happens to be the very same date pro- in the current Government. Finally, if and the Iraqi forces fight with our supposed by the bipartisan and well-re- we stopped and stepped back from the port and without us sending them spected Baker-Hamilton Iraq Study debate here in Washington and looked mixed messages. Let us, instead, across Group. So this follows very closely the at what is happening on the ground in party lines, in this Senate and in the line of thought of the Baker-Hamilton Baghdad and in Iraq, in Anbar, right House, come together around a con- Iraq Study Group. now, we would see that the military structive legislative agenda for our se- It allows troops to remain in Iraq for surge has made possible a critically curity in the world, including in Iraq, three purposes: to protect Americans important diplomatic surge, as rep- authorizing an increase in the size of still working on Iraqi reconstruction, resentatives from neighboring coun- the Army and Marines; funding the to train the Iraqi police and their mili- tries gathered in Baghdad last weekend equipment and protection for our tary, and to engage in counterterror- in the first of a series of such regional ism operations. conferences. troops in Iraq, Afghanistan, and worldwide; monitoring progress on the In my view, President Bush’s war in I don’t know if this progress will lead Iraq has been an unmitigated disaster. to ultimate success in Iraq, to victory ground in Iraq with oversight hearings, investigating contract procedures It is a war many of us understood we over extremism and terrorism there, to should never have gotten into in the a victory for democracy and hope for being followed in Iraq and Afghanistan, first place. It is a war this administra- an alternative path in the Arab world and guaranteeing Iraq war veterans re- tion was totally unprepared to fight, to the death and suicide and hatred al- ceive the first-class treatment and care where some people in the administra- Qaida offers, but I can tell you that they deserve when they come home. tion were talking about how the Iraqis what is happening in Iraq today cer- I ask my colleagues to think hard would be throwing flowers at our tainly does not look like failure to me. about what we are doing and what this troops—not roadside bombs but flow- In fact, it looks like some progress is resolution asks us to do. I ask you to ers—and that our troops would be com- being made as a result of this new look carefully, not at the public opin- ing home after a ‘‘cakewalk,’’ in a cou- strategy in Baghdad and in Anbar—pre- ion polls in Washington or throughout ple of months. liminary but encouraging progress. America, but at the realities on the So why, in the face of these develop- ground in Iraq and to think about the That was what they were talking ments, would the Senate possibly adopt consequences of a forced withdrawal about. It is a war that unfortunately a resolution such as this? Why, in the and failure there. I ask you to step and tragically has cost us terribly in face of these encouraging developments back from this path and to vote terms of American blood. As of today, that suggest this new plan might well against this resolution. we have lost almost 3,200 brave Amer- be working, would this Chamber de- I yield the floor. ican soldiers, almost 24,000 more have mand that it end? Why, just weeks The PRESIDING OFFICER (Mr. been wounded. Let me tell you very after confirming General Petraeus, BROWN). The Senator from Vermont. clearly that the evidence is over- would this Chamber block him from Mr. SANDERS. Mr. President, re- whelming that tens of thousands more carrying out the strategy he shaped cently in my home State of Vermont, of these brave soldiers fighting in Iraq and is now successfully implementing? the Vermont State Senate, with a very are going to be coming home with post- There is only one understandable rea- strong vote, passed a resolution in op- traumatic stress disorder or coming son for Congress to impose this kind of position to the war in Iraq and de- back home with traumatic brain in- deadline to begin a withdrawal, and manding that our troops come home as jury. That is the reality of what this that is if we were absolutely convinced soon as possible. It is appropriate our war has cost us up to now. the Petraeus strategy is doomed to legislature has done that because in This at a time when we do not have failure. The only way a timetable for Vermont we have paid a very high the funding to adequately take care of withdrawal makes sense is if there is price for this war. In fact, in terms of our veterans, as we have seen at Walter no glimmer of hope that General per capita loss, the State of Vermont is Reed, at a time when middle-class fam- Petraeus and the troops serving under higher, tragically, than any other ilies cannot afford to send their kids to him can succeed. I submit that is sim- State in this country. college, at a time when this Nation has ply not a conclusion justified by the In my home State of Vermont, and I the highest rate of childhood poverty facts on the ground in Iraq today. believe all across this country, the in the industrialized world, at a time We are in a long and difficult war. We American people are deeply concerned when hunger in America is substan- know that. The price paid by our he- about the war. They want real debate tially increasing. This war, with the roic soldiers and their families has here in Washington on the issue and, President’s proposed increase, will cost been heavy. I recognize that it is a war most importantly, they want reaction. us some $500 billion and that price tag in which we have made mistakes, some That is why I will vote for cloture on is going up by $8 billion every month. of them serious, and in which we have S.J. Res. 9 and why I will then proceed, This cost is not only going to take experienced exacerbating, heart- if I am allowed to, if the Republicans money away from the pressing needs of breaking, infuriating setbacks. It is a allow us to cast that vote, to vote for the middle-class and working families war that has stirred the anger and frus- this resolution. of this country, but it is going to add tration of the American people, feel- Let me say a word about the resolu- to the $8.5 trillion national debt which ings that are justified. What is not jus- tion itself, which is very clear and to this country currently has. tified, however, is for Congress to let my mind directly addresses the central This is a war that has caused un- the passions and politics of the mo- concerns of the majority of Americans speakable horror for the people of ment blind us to what is happening on who, in the elections last November, Iraq—not just for our families who the ground in Iraq today and what is on made it as clear as they could that have suffered losses but for the people the line for our security tomorrow. they want a new course in Iraq. They of Iraq. People who had suffered so long

VerDate Aug 31 2005 00:26 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.071 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3117 under the horrendous brutality of the us that increasing troops from the son, or ‘‘CC’’ as he is known to friends, Saddam Hussein dictatorship are suf- United States would make it easier for on his retirement from the U.S. Capitol fering even more today. We are looking the Iraqi Government and military to Police after nearly 32 years of dedi- at a nation in the process of disintegra- avoid their political and military re- cated service. tion. That is Iraq today. There are esti- sponsibilities: Why make the hard po- Sergeant Johnson started his career mates that hundreds of thousands of litical decisions? Why make the hard with the Capitol Police in 1974. For Iraqis have been killed—some esti- financial decisions? You don’t have to more than 14 years, he performed a va- mates go as high as 500,000—and almost do that. Uncle Sam is there to provide riety of law enforcement duties as a 2 million Iraqis have fled their own you with the troops. The American member of the Capitol Division. In country. In fact, anyone in Iraq who taxpayer is there to provide you with 1992, Mr. Johnson was named adminis- has any money at all, anyone who is the money. You don’t have to make trative sergeant and started working part of the middle class, is trying to those choices. with the First Responder Unit that get out of that country as quickly as This administration has not only re- protects the Capitol grounds. By 1998, possible, and about 8 percent of Iraqis fused to listen to the American people, Mr. Johnson was promoted to sergeant have had to flee their own country. to our military, to the Iraq Study and supervised the officers that protect As I speak, President Bush is return- Group, perhaps most importantly they the House and Senate Chambers. ing from a trip to Latin America. have refused to listen to the Iraqi peo- In 2004, Sergeant Johnson earned a Wherever he spoke, he encountered ple themselves who, according to a post as one of the supervisors of the massive protests. In country after number of polls, tell us very strongly Horse Mounted Unit. This elite unit is country he discovered that people in they believe that in the midst of all of well known for its rigorous training re- Latin America hold our Nation in ex- the chaos, all of the horror that is tak- quirements, and Sergeant Johnson tremely low esteem, largely because of ing place in their country, they would passed these tests with ease. After his his ill-advised decision to invade Iraq be more safe, they would be more se- work on the Horse Mounted Unit, Ser- and the disastrous way in which the cure if our troops left their country. geant Johnson was promoted to the Pa- If President Bush will not listen to Iraq occupation has been managed. trol/Mobile Response Division. He anybody, including the American peo- That is certainly true not just in Latin ple, including former generals, includ- served there until his retirement, America, it is true all over the world. ing the Iraq Study Group, including marking a long career of dedication to How are we, as the most powerful mili- international public opinion, then it is the Capitol Police Force. tary force in the world, going to be up to Congress to tell him it is time to Sergeant Johnson is also the devoted able to lead the world in the very im- move in a new direction in Iraq. In the husband of a fellow Capitol Police offi- portant fight against international ter- 2006 elections, in my view, the people of cer, Captain Shirley Jo Johnson. To- rorism and Islamic extremism when in Vermont and of this Nation told us gether, they have raised four children, country after country leaders do not they wanted Congress to begin assert- and are the proud grandparents of four want to identify with us because of the ing its constitutional authority over grandchildren. There is no doubt that policies of the President of the United this war and that they wanted us to his family can be proud of his example States. rein in this administration. Most im- of professionalism and sense of duty to In the days immediately following portant, they told us they wanted us to others. 9/11, the world rallied around the begin the process of bringing our As Senate majority leader, and a United States when we were grievously troops home as soon as possible. As a former Capitol Police officer, I have attacked; not just leaders but the huge Vermont Senator, that is exactly the the greatest respect for the fine men majority of people in nations all over effort I intend to make. We must bring and women of the Capitol Police Force. the world expressed their support and our troops home instead of leaving Sergeant Johnson embodies all of the expressed their concern for the United them to be embattled referees of a civil qualities that make the Capitol Police States. They were on our side, not just war that only the Iraqis—not our brave one of the best law enforcement divi- for reasons of compassion but under- soldiers—can stop. sions in the Nation. I am pleased to standing that we had to work together Iraq’s Government and its military recognize Sergeant Johnson today be- as a planet, as a civilized world in ad- must step up and accept their political fore the Senate, and I wish him the dressing the attacks of extremists and and military responsibilities. As the best as he embarks on this new chapter fundamentalists and terrorists. We had Baker-Hamilton commission said, that of his life. to work together and the United States will only happen when we insist that f was prepared to play a leadership role. the Iraqis and not American troops are HONORING OUR ARMED FORCES Tragically, that reality is no longer responsible for the future of Iraq. the case. We are now held in lower es- I yield the floor. U.S. ARMY SPECIALIST JUSTIN ALLAN ROLLINS teem internationally than ever before I suggest the absence of a quorum. Mr. GREGG. Mr. President, I rise in the modern history of America. That The PRESIDING OFFICER. The today to pay special tribute to U.S. is not just a bad thing in the sense of clerk will call the roll. Army SPC Justin Allan Rollins, of our young people going to Europe and The legislative clerk proceeded to Newport, NH. Tragically, on March 5, finding out they are not respected or call the roll. 2007, this courageous 22-year-old sol- that our country is not respected, it is Mr. SANDERS. I ask unanimous con- dier, along with five of his soldier com- a bad thing if we are serious about try- sent that the order for the quorum call rades, gave their last full measure for ing to develop an international con- be rescinded. our Nation when an improvised explo- The PRESIDING OFFICER. Without sensus to fight the very serious prob- sive device detonated near their unit objection, it is so ordered. lem of international terrorism. during combat operations in Samarra, Tragically, the Bush administration f Iraq. At the time of this hostile action, has refused to listen to the American MORNING BUSINESS Specialist Rollins, the gunner on his people who, in the national election Mr. SANDERS. Mr. President, I ask HMMWV, was assigned to the 2nd Bat- this past November, made it very clear unanimous consent that there now be a talion, 505th Parachute Infantry Regi- they want a new direction in Iraq and period of morning business with Sen- ment, 3rd Brigade Combat Team, 82nd they want this war wound down. They ators permitted to speak therein for up Airborne Division, Fort Bragg, NC, and did not vote for an escalation in this to 10 minutes each. was serving in support of Operation war, they voted to wind down the war. The PRESIDING OFFICER. Without Iraqi Freedom. He had recently reen- This administration has not only not objection, it is so ordered. listed in the Army for an additional 4 listened to the American people, they f years. have refused to listen to the thoughtful Justin, the son of Mitchel ‘‘Skip’’ suggestions of the bipartisan Iraq TRIBUTE TO SERGEANT CHARLES and Rhonda Rollins, was born on No- Study Group. This administration has ‘‘CC’’ JOHNSON vember 10, 1984, and had resided in refused to listen to the advice of our Mr. REID. Mr. President, I rise today Newport, NH, all of his life. He was a military leaders in Iraq who have told to congratulate Charles Curtis John- 2003 graduate of Newport High School

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Mr. President, today I mocracy, and peace. When I think a zest for life and loved to hunt and have a heavy heart and deep sense of about this just cause in which we are drive fast cars. gratitude to honor the life of a brave engaged, and the unfortunate pain that Sensing a call to duty, and in re- young man from Frankton. Jason comes with the loss of our heroes, I sponse to the September 11 terrorist Johns, 19 years old, died on February 21 hope that families like Jason’s can find attack on our Nation, he joined the while deployed in Afghanistan. With comfort in the words of the prophet U.S. Army in 2004. Justin reported to his entire life before him, Jason risked Isaiah who said, ‘‘He will swallow up Fort Benning, GA, where he completed everything to fight for the values death in victory; and the Lord God will basic training, infantry training, and Americans hold close to our hearts, in wipe away tears from off all faces.’’ Army Airborne School. Upon comple- a land halfway around the world. May God grant strength and peace to tion of his training in August 2004, he Although Jason moved to Florida those who mourn, and may God be with was assigned and reported to the 2nd when he was young, his valor over the all of you, as I know He is with Jason. Battalion, 505th Parachute Infantry course of his service in Afghanistan Regiment at Fort Bragg. In August makes us proud to count him as a Hoo- f 2006, he deployed with his unit to Iraq. sier, too. According to his father, He said he went to Iraq so that the Jason had known that he had wanted Iraqi children could have the same op- to be a soldier for as long as his friends IMPROVING AMERICA’S SECURITY portunities as U.S. children and he was and family could remember. He ful- ACT extremely proud of what he was doing. filled that dream when he joined the Mrs. CLINTON. Mr. President, over 5 The awards and decorations that Spe- Army in 2005, shortly after receiving years ago, on September 11, terrorists cialist Rollins received over his years his GED. Jason enjoyed the military, murdered nearly 3,000 people in the sin- of service are a testament to his strong and he intended to make it his career, gle deadliest attack on American soil character. They include the Bronze hoping to someday reach the rank of in our history. Star with Valor, two Purple Heart general. His father, along with friends What all Americans witnessed and medals, Army Good Conduct Medal, of the family, described him as serious what too many families experienced National Defense Service Medal, Iraq about his career and a selfless man who personally and tragically was the dawn Campaign Medal, Global War on Ter- wanted to serve his country. of a new era. We knew it then. National rorism Service Medal, Army Service Jason died while serving his country Guard patrolled Federal buildings and Ribbon, Army Overseas Service Rib- in Operation Enduring Freedom. He airports. The military patrolled the bon, Combat Infantry Badge, and Air- was a member of the 3rd Battalion, skies over New York and Washington, borne Wings. 82nd General Support Aviation Bat- DC. The United States had been at- Patriots from the State of New talion, 82nd Airborne Division out of tacked by a new kind of enemy in a Hampshire have served our Nation with Fort Bragg, NC. This brave young sol- new and more dangerous world. We honor and distinction from the first dier leaves behind his mother and fa- faced tough questions as a nation: How conflict at Fort William and Mary, ther, Kim and Jeffrey Johns, and two do we defeat this enemy? How do we New Castle, NH, to the current conflict older brothers, Jack and Jeremiah. fight terror abroad and protect Amer- in Samarra, Iraq, and U.S. Army SPC Today, I join Jason’s family and ica at home? Justin Allan Rollins served and fought friends in mourning his death. While in that same fine tradition. During our we struggle to bear our sorrow over What was clear that day and remains country’s difficult Revolutionary War, this loss, we can also take pride in the so today is that the threat posed to us Thomas Paine wrote, ‘‘These are the example he set, bravely fighting to by terrorism requires a great mobiliza- times that try men’s souls. The sum- make the world a safer place. It is his tion of American might, muscle, re- mer soldier and the sunshine patriot courage and strength of character that sources, and ingenuity. will, in this crisis, shrink from the people will remember when they think Armed with this mandate, many of service of their country; but he that of Jason, a memory that will burn us fought alongside those who lost stands it now, deserves the love and brightly during these continuing days loved ones on September 11 to compel thanks of man and woman.’’ In these of conflict and grief. an unwilling Bush administration to turbulent times Justin stood with the Jason was known for his dedication create the 9/11 Commission. The deter- country he loved, served it with dis- to his family and his love of country. mination and steadfastness dem- tinction and honor, and earned and de- Today and always, Jason will be re- onstrated by the families hardest hit serves our love and thanks. membered by family members, friends, by the September 11 tragedy made the My sympathy, condolences, and pray- and fellow Hoosiers as a true American 9/11 Commission a reality. We ap- ers go out to Justin’s parents Skip and hero, and we honor the sacrifice he plauded when the bipartisan Commis- Rhonda, older brother Jonathan, made while dutifully serving his coun- sion concluded its investigation and re- grandparents, longtime girlfriend try. leased its thorough report detailing Brittney Murray, and to his other fam- As I search for words to do justice in recommendations to protect this Na- ily members and many friends who honoring Jason’s sacrifice, I am re- tion from another attack, confident have suffered this most grievous loss. minded of President Lincoln’s remarks that the Congress and the administra- Family, friends, and fellow soldiers as he addressed the families of the fall- tion would in short order implement will no longer be able to enjoy his com- en soldiers in Gettysburg: ‘‘We cannot their recommendations. pany. Strangers will never have the op- dedicate, we cannot consecrate, we Shamefully, for some in our Federal portunity to know his friendship. Yet cannot hallow this ground. The brave Government, the sense of urgency and memories of this young patriot will men, living and dead, who struggled resolve faded in the months and years last forever with those who were fortu- here, have consecrated it, far above our that followed. Some of the Commis- nate enough to have had the oppor- poor power to add or detract. The sion’s most commonsense rec- tunity to know him. Justin had said world will little note nor long remem- ommendations went ignored. Even in that there is no higher honor than to ber what we say here, but it can never the face of dangerous incompetence in be buried in Arlington National Ceme- forget what they did here.’’ This state- our emergency preparedness and re- tery, and now he joins many of our ment is just as true today as it was sponse to Hurricane Katrina, we re- country’s heroes in that sacred place. nearly 150 years ago, as I am certain ceived tough rhetoric instead of much Because of his devotion and sense of that the impact of Jason’s actions will needed reform. Five years after the 9/11

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attacks and 21⁄2 years after the 9/11 that our limited homeland security ward addressing these concerns last Commission released its initial report, funds are directed toward mitigating year with the passage of the SAFE much of the work of properly securing our most significant vulnerabilities Ports Act, we still need to act with our homeland has gone undone. That is and that political formulas are aban- more urgency. It is why I supported ef- why this legislation to implement doned. forts to expedite the implementation of many of the remaining recommenda- As we discuss the importance of new scanning requirements during con- tions of the 9/11 Commission is long homeland security and how critical it sideration of the Improving America’s overdue. is to provide adequate funding for our Security Act. I have long supported the Commis- first responders, we cannot leave the I am encouraged that the bill does sion’s recommendation that ‘‘homeland 43,000 transportation security officers, take steps to secure our rail and mass security assistance should be based TSOs, in this country out of the con- transit systems. Given the lessons of strictly on an assessment of risks and versation. Every day, TSOs are on the London, Madrid, and Mumbai, it is un- vulnerabilities.’’ With our homeland national security frontlines, keeping believable that not more has been done security resources limited, we need to our airports safe and protecting count- to secure our mass transit. Passenger be smart about how we distribute fund- less citizens as they travel. Despite the rail systems—primarily subway sys- ing to guard against terrorism. Sadly, significant training, experience, and tems—here in the United States carry all too often, funding decisions have patience required to execute these du- about 5 times as many passengers each been made based on politics in Wash- ties, TSOs have lacked the basic work- day as do airlines. Instead of forcing an ington instead of the reality in our cit- ers rights and protections for over 5 impossible decision, between pro- ies and neighborhoods. It is why I in- years, including whistleblower protec- tecting one form of transportation over troduced the Homeland Security Block tions and the right to collectively bar- another, we should invest in the re- Grant Act as well as the Domestic De- gain. As a result, the officers we task sources and tools necessary to secure fense Fund Act, both of which would with protecting our airplanes from an- our entire transportation infrastruc- provide direct and threat-based home- other terrorist attack now have the ture—before terrorists strike our rail land security funding to our commu- highest injury rate of any Federal systems here at home. nities and first responders to help them agency, a high attrition rate of almost Importantly, the bill provides grants improve our homeland defense. But 30 percent, and, according to a recent through TSA to Amtrak, freight even funds supposedly distributed report, the lowest morale of any agen- railraods, and others to upgrade secu- based on risk have been administered cy in the Federal Government. rity across the entire freight and inter- incompetently. It is why I supported Senator city passenger railroad system. Addi- Last spring, the Department of MCCASKILL’s amendment that would tionally, the bill provides funding Homeland Security, DHS, announced guarantee to TSOs collective bar- through the Department of Transpor- its 2006 homeland security grants. Cit- gaining and other basic labor rights tation, DOT, to upgrade and to fortify ies and States across the country fac- that other Federal law enforcement of- Amtrak railroad tunnels in New York, ing high terrorist threats suffered con- ficers already enjoy. This amendment Washington, and Baltimore. siderable funding cuts, a decision would promote our Nation’s security Furthermore, the legislation requires which can be largely attributed to a se- by providing a stable workplace struc- the Federal Motor Carrier Safety Ad- ries of highly questionable risk assess- ture for the resolution of disputes and ministration, FMCSA, to provide rec- ments. New York City and Washington, the reduction of turnover, as well as ommendations to both motor carriers DC, both already the targets of at- allow TSOs to expose threats to avia- and States on how to coordinate haz- tacks, were slated for drastic reduction security without fear of retalia- ardous materials routing. The bill also tions. Funding under the Urban Area tion. The amendment also includes pro- requires DHS to develop a program to Security Initiative, UASI, alone was visions that make explicit that TSOs encourage equipping trucks that carry slashed in New York City by more than would not enjoy the right to strike, the hazardous materials with communica- 40 percent and in Washington, DC by 43 right to bargain for higher pay, or the tions and tracking technology. These percent. right to reveal classified information, steps are in addition to those in the We clearly need to get smarter about and that the TSOs must follow all or- bill that bolster aviation security how we assess risk. It would surprise ders during an emergency. This was a standards. Importantly, the bill re- most people to learn that until now, smart and carefully tailored amend- quires the Transportation Security Ad- the process of assessing risk has been ment that correctly recognizes that we ministration, TSA, to develop and im- done on an ad hoc basis within DHS, will not be able to effectively safeguard plement a system, within 3 years of the with several different offices tasked our Nation’s security if we do not stand date of enactment, to provide for the with contributing to the analysis. This with and support its security workers. screening of all cargo being carried on seemingly haphazard process has led to It is also past time to secure our passenger aircraft, a security measure constantly changing grant guidance ports and transportation systems. that is long overdue. and formulas, wide fluctuations in Unscanned cargo containers that pass The bill also takes several important yearly grant awards, and a failure to through our ports pose a substantial steps to address our emergency com- develop a long-term strategy for risk risk to our homeland security, threat- munications systems before we face an- assessment. What we need is a full- ening not only the gateways to our na- other crisis. Chaotic, real-world disas- time staff of methodologists whose sole tional economy but also the larger ters, whether manmade or natural, do responsibility it is to assess risk. That American public. We learned the pain- not obey borders. They require close is why I offered an amendment to bill ful lesson on September 11 that those coordination of Federal, State and that would create a Risk Assessment intent on destroying our American way local agencies, firefighters, police offi- Center within DHS. of life are keenly focused on exposing cers and EMTs, and others. Yet often While the funding proposal contained our vulnerabilities. Because our ports these different entities use different within Improving America’s Security serve as the gateway to our country communications devices, frequencies, Act moves us closer toward a threat- and its economy, they remain attrac- even languages. On September 11, po- based funding model, it still falls tive targets susceptible to terrorist at- lice officers could not effectively talk shorts of what the 9/11 Commission rec- tack. to firefighters at Ground Zero; at the ommended. Specifically, the State In 2005, more than 84 million tons of Pentagon, first responders from Vir- minimum funding requirements con- cargo with a value greater than $132 ginia and Washington, DC faced the tained within the bill are still too high billion passed through the Port of New same problem. After Katrina, we had and there is still too much reliance on York and New Jersey alone. The sheer responders exchanging business cards population-based formulas that bear scope of commerce at our ports means at the site of the disaster along the little relation to risk. My hope is that the threat carries grave consequences— gulf. during conference committee negotia- and will take a great deal of hard work That is why the 9/11 Commission rections to reconcile the House and Sen- and our smartest strategies to meet. ognized our crucial need to have inter- ate bills, efforts will be made to ensure And while we took important steps to- operable communications, so that all

VerDate Aug 31 2005 00:26 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.011 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3120 CONGRESSIONAL RECORD — SENATE March 14, 2007 of our first responders can commu- tax issues titled: America’s Energy Fu- icy Act. The project will gasify 4500 tons per nicate with each other at the scene of ture: Bold Ideas, Practical Solutions. I day of petcoke, the bottom of the barrel at a an emergency. It is why I introduced ask unanimous consent that the fol- refinery, a negative-cost fuel. Four million legislation last year that would give lowing testimony from that hearing be tons of carbon dioxide will be sent off-site each year for enhanced oil recovery (EOR). our first responders an interoperable printed in the RECORD. Carbon dioxide capture and sequestration emergency communications system co- There being no objection, the mate- is likely to become a favorable economic ordinated under Federal leadership. I rial was ordered to be printed in the strategy for a coal utility at a price of about am pleased that the bill provides funds RECORD, as follows: $30 per U.S. ton of carbon dioxide. Prices on to improve interoperable emergency THE CHALLENGE OF MANAGING U.S. COAL IN A emissions in the same range should also en- communications and gives the Na- CLIMATE-CONSTRAINED WORLD able other ‘‘upstream’’ carbon-saving strategies, ending flaring at the oil field and bring- tional Telecommunications and Infor- TESTIMONY BEFORE THE SENATE FINANCE ing new investments at oil refineries. Carbon COMMITTEE mation Administration, NTIA, greater dioxide policy should reach far upstream, be- direction regarding how to distribute (Professor Robert Socolow, Princeton cause the low-hanging fruit is upstream. these funds. University, Feb. 27, 2007) Efficiency in energy use is where the other This bill also contains a provision of- Mr. Chairman, Senator Grassley, and mem- low-hanging fruit are to be found. A low-tech fered by Senator STEVENS and me bers of the Committee: Thank you for invit- air-conditioner cooling a poorly designed and which will provide immediate and crit- ing me to testify today. I am pleased to be poorly instrumented office building is as out ical funding to help upgrade and im- here in my capacity as co-director of Prince- of place in a climate-constrained world as a ton University’s Carbon Mitigation Initia- prove our Nation’s 9–1–1 call centers. coal plant without carbon dioxide capture tive; as a Professor of Mechanical and Aero- and sequestration. This funding will help ensure that 9–1– space Engineering at Princeton; and as an EOR AND NATIONAL ENERGY SECURITY 1 call centers can be an effective part individual concerned about the future of U.S. Carbon dioxide is the mischief molecule in of an emergency response plan and will and global energy policy. I commend you for the atmosphere, but the miracle molecule make certain they have the techno- these hearings. below ground. Used for enhanced oil recovery logical upgrades to handle and process In 2004 Stephen Pacala and I published a (EOR), carbon dioxide injects new life into all the emergency calls that come into paper in Science magazine called ‘‘Stabiliza- old oil fields. Quantitatively, a new one- them so that our first responders know tion Wedges: Solving the Climate Problem thousand-megawatt coal plant will produce for the Next 50 Years with Current Tech- where to go and what situation they about six million tons per year of carbon di- nologies.’’ We argued for a portfolio of cli- oxide. If captured and used for enhanced oil are walking into. mate-change mitigation strategies. Among Nearly 5 years ago, America suffered recovery, this carbon dioxide should increase these strategies are the deepening of energy oil production at mature fields by between a brutal terrorist attack that stole efficiency in buildings, transport, and indus- 30,000 and 80,000 barrels a day. Any carbon di- nearly 3,000 lives and changed America try; the deployment of renewable energy, nu- oxide heading for the sky is domestic oil not forever. What was required here in clear power and biofuels; and the capture and produced—and more imported oil. sequestration of carbon dioxide produced at Washington was leadership. Leadership NO CTL WITHOUT CCS to inspire Americans to meet the coal power plants and coal-to-liquids plants. Today, I will focus my testimony on the Your committee is considering subsidizing threat head on. Leadership to mobilize strategy that has moved to near the top of synthetic fuel from domestic coal. From a our resources and respond effectively. the list from the perspective of urgency: car- climate change perspective, unless synfuels Leadership to keep our country safe in bon capture and sequestration, or CCS for production is accompanied by carbon dioxide a new and more dangerous world. short. capture and sequestration, this is a big step backward. Burning coal-based synthetic fuel Sadly, the Bush administration failed COLLISION AVOIDANCE to match the urgency and resolve of in a car engine, instead of burning gasoline Mr. Chairman, this really is a time of Bad made from crude oil, sends approximately the American people in this great News and Good News. The Bad News is that twice as much carbon dioxide to the atmos- struggle to secure our homeland. two trains are on a collision course. The phere when driving the same distance—un- Today, with passage of this important Good News is that there is still time to less CCS is incorporated into the synfuels legislation, we will demonstrate the switch one of the trains onto a different production process, in which case CTL fuel is leadership that we have been sorely track. no worse for climate than petroleum fuel. Train Number One is the rush to coal ‘‘No CTL without CCS’’ isn’t the world’s missing for too long in the fight to power in the U.S., a consequence of changed safeguard our Nation and its citizens. most exciting bumper sticker, but it carries expectations about the future natural gas a vitally important message. f price. Train Number Two is the urgency of CARBON PRICE, PLUS dealing with climate change. In my view, VOTE EXPLANATION none too soon, climate change is high on the Mr. Chairman, The sulfur trading you Mr. BROWNBACK. Mr. President, I agenda for U.S. policy. helped launch in the early 1990s has been a regret that on March 9, I was unable to A collision is imminent because burning spectacular success and the template for coal as we have burned it in the past sends every cap-and-trade proposal since then. But vote on certain provisions of S. 4, the the launching of CCS will require ‘‘a carbon Improving America’s Security Act of more carbon dioxide into the atmosphere for each unit of useful energy produced than any dioxide trading system, plus.’’ I strongly rec- 2007. I wish to address these votes so other energy source. So, the rush to coal ommend that your committee restrict the that the people of the great State of makes the already difficult challenge of cli- next investment tax credits only to coal Kansas who elected me to serve them mate change even more challenging. power plants and coal synfuels plants that as United States Senator may know The switch is carbon dioxide capture and capture and sequester carbon dioxide. my position. sequestration, or CCS. Using CCS, when coal Moreover, I recommend that policies specify only that carbon dioxide must be seques- Regarding vote No. 68, on the motion is burned its carbon does not end up in the atmosphere. tered, with penalties for failure, but then to invoke cloture on the Cornyn leave it to the market to choose the specific READINESS amendment No. 312, as modified, I capture and sequestration strategy for each would have voted to invoke cloture on CCS is commercially mature; it uses prov- circumstance. en technologies in new combinations. Carbon this amendment. My vote would not POLICY MUST DISTINGUISH INDUSTRIAL FROM dioxide has long been captured at natural have altered the result of this motion. NATURAL CARBON DIOXIDE gas power plants and coal power plants for Regarding vote No. 69, on the motion use by the food industry. A 500-mile carbon Several federal and state energy policies in to invoke cloture on the Reid amend- dioxide pipeline built 20 years ago has the 1980s that subsidized enhanced oil recov- ment No. 275, as amended, I would not brought carbon dioxide from across New ery resulted in the extraction of carbon diox- have voted to invoke cloture on this Mexico from southwest Colorado to oil fields ide from large geological formations—carbon amendment. My vote would not have in west Texas. There are no technological dioxide that otherwise would have stayed below ground for millions of years. This ad- altered the result of this motion. reasons to delay full-scale deployment of CCS. verse impact on climate was inadvertent; but f The best evidence I know for the readiness now we know better. All legislation hence- TESTIMONY OF DR. ROBERT of CCS for full-scale deployment is the 500- forth must distinguish industrial carbon dioxide from natural carbon dioxide. SOCOLOW megawatt CCS project at BP’s Carson refinery, near Long Beach, California. This POLICIES THAT PENALIZE EARLY BAD ACTION Mr. BAUCUS. Mr. President, on project of BP and Edison Mission Group re- Urgently needed for the current period are Tuesday, February 27, 2007, the Finance ceived investment tax credits under Section policies that give clear and persuasive sig- Committee held a hearing on energy- 48B of the tax code, per the 2005 Energy Pol- nals that any new coal plants without CCS

VerDate Aug 31 2005 00:26 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.012 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3121 will be penalized, not rewarded, in whatever After Senator Magnuson, Jim served he did to support that legislation, as U.S. climate-change mitigation policy under Senator Schmitt in the 97th Con- well as other worker protection pro- emerges after the current planning period. gress, and then Senator Weicker and grams. No one should expect the grandfathering of Senator Chiles. Since the 101st Con- I believe the Senator from Iowa and I the newborn. could go on for some time on all that I was one of many who were delighted by gress, the Senator from Iowa and I the news this past weekend that eight new have exchanged the gavel on several Jim Sourwine has meant to the Senate coal plants with conventional technology occasions. I never miss a chance to Appropriations Committee, the Senate proposed for rapid construction in Texas will mention that I always prefer to have and the American people. For me, I not be built. I can’t prove it, of course, but the gavel in my hand. On this occasion, want him to remember always what it seems likely to me that the op ed in the I should also say that I prefer to have the long hours have done for so many. Dallas News last month from Senators Jim Sourwine’s services on staff as Jim, best wishes to you on your retire- Bingaman and Boxer, warning investors and well. ment. You will be missed. the TXU leadership that, in effect, there Mr. HARKIN. Jim is the undisputed Mr. HARKIN. Jim, I understand that would be no grandfathering of the newborn, the round-the-clock hours and weekend was instrumental in derailing the construc- master at identifying creative solution of these eight backward-looking plants. tions to funding problems. However, we work have made it difficult to catch up Mr. Chairman and members of the Com- can never forget that the work he did on some projects around the house and mittee, thank you for your attention. to support this institution ultimately get on the golf course. While you might f benefited the American people, prefer one over the other, I hope you through increased educational and job know that your long and distinguished RETIREMENT OF JIM SOURWINE training opportunities, greater protec- service to the Senate has more than Mr. HARKIN. Mr. President, this is a tions for the Nation’s workers or more earned for you the right to do just that statement I wish I did not have to affordable and improved health care. or nothing at all. I will miss you and make. Jim Sourwine, who has almost For example, when Jim came to the your sage counsel. The Senate will 40 years of Federal service, including committee, title I education grants miss you. I wish you all the best on more than 30 on the staff of the Senate were funded at $1.6 billion; this year’s your retirement and thank you for Appropriations Committee, will retire level is $12.8 billion. Think of the mil- your service. this month. He not only served the lions of disadvantaged students who f committee but the entire Senate as a have benefited over the years from this ADDITIONAL STATEMENTS professional staff member. And when I funding. In 1972, Congress created the say ‘‘professional,’’ I really mean it basic educational opportunity grant to with Jim. Always courteous, always provide grant aid that would help low- INDIANA WOMEN’S STATE helpful, he is an appropriator’s appro- income students earn a postsecondary BASKETBALL CHAMPIONS priator. He worked for Republicans and education. The grant program, now ∑ Mr. BAYH. Mr. President, I wish he worked for Democrats, with equal known as Pell grants, provides a max- today to pay tribute to the Oregon- diligence. He treated every Senator imum award of $4,310 to more than 5 Davis Women’s High School basketball with respect, and we respected him as million low- and middle-income stu- team for their extraordinary State well. dents. Millions of students have been championship victory. The Bobcats his- Mr. SPECTER. I don’t know if the able to earn a postsecondary education toric 54–46 defeat of Wood Memorial for Senator from Iowa knows this, but Jim because of the extra assistance they the Class A State Championship was Sourwine has served almost 100 dif- were provided. Jim should feel proud of the first statewide championship for ferent members of the Appropriations the role he has played in each of these the Bobcats and a proud moment for Committee during his time in the Sen- programs and so much more. our State. ate. Imagine each of the desks in this Mr. SPECTER. I would like to add In reading of their victory, I was re- Chamber filled with U.S. Senators, and several other accomplishments of Con- minded of what people say about team- you will have a sense of the number of gress for which Jim should feel a great work: that at the end of the day we are committee members Jim served. sense of pride. In 2002, Congress com- only as strong as the shoulders we lean Mr. HARKIN. And we all benefited pleted a doubling of the NIH budget on. The talent of the Bobcats was ap- from that service. He understands the over a 5-year period. Jim’s thorough parent throughout their stellar season, appropriations process better than any- knowledge of the bill and the budget but it was their extraordinary team- one. New staff could always look to was instrumental in securing the dou- work that brought the championship Jim for institutional knowledge, and bling. If there was a way to write bill trophy to the O–D gymnasium for the count on him to be a patient teacher of language that would save money or first time in school history. The young many on both substantive issues an the change a date to free up some cash, women of the Oregon-Davis basketball appropriations process. Jim knew how to do it. team are a testament to what student The Senate depended on this exper- When Jim started working at the De- athletes should be, and they should be tise. Jim is a master craftsman, the partment of Labor in 1967, the Job commended for winning with class, person we relied on to compile all the Corps program was in its infancy, just courage, and character. spending figures and technical lan- 3 years old. Today, it is a $1.6 billion Two years ago the team lost a dear guage and mould it into an appropria- enterprise widely touted for its per- friend in a tragic automobile accident. tions bill. Whether it was drafting an formance standards and student out- Jessica McMullen was the daughter of amendment to the budget resolution; comes, helping more than 60,000 youths Tim McMullen, a coach in Florida and finding a creative offset to meet an im- each year. After the Quecreek coal a close friend of Terry Minix, the Bob- portant priority; or organizing and mine accident, I held a hearing in cats’ head coach. Jessica, a hard-nosed staffing a hearing on an important Pennsylvania to look into the mine basketball player, used to help her dad labor issue, such as those that we held safety issues related to that situation. at camps at O–D and was only 16 years on the overtime regulation, Jim We have held two mine safety hearings old when she died. The day after their Sourwine was the staffer we wanted since the Sago and Alma disasters in championship win, the team was hon- and needed by our side. early 2006. Jim organized and staffed ored in the Oregon-Davis gym, and Mr. SPECTER. Jim came to the Sen- those hearings. What’s more, he helped each team member wore a T-shirt com- ate in 1972 when he was first detailed to craft legislation that I introduced last memorating Jessica’s contribution to the committee from the Department of year which contributed to the develop- the Bobcats. At the ceremony, Aubrey Labor. He found his place quickly and ment of the MINER Act. This act Minix, a lead player on the team, spoke began responding to what were known passed last year and is now the law of about the championship saying, ‘‘It as ‘‘Harleygrams’’—daily instructions the land. It is the most significant means even more to us because we did from Harley Dirks, who was Senator piece of mine safety legislation passed want to do it for Jess; it brought us Magnuson’s clerk of the Labor, HEW in more than 30 years and its effective even closer together.’’ and Related Agencies Subcommittee, implantation will save lives. Jim While the young women on the O–D as it was called then. should feel very good about the work team put in countless hours practicing

VerDate Aug 31 2005 00:26 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.014 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3122 CONGRESSIONAL RECORD — SENATE March 14, 2007 and developing their skills, the parents tenure, the university has seen the widely respected as the conscience of and coaching staff dedicated just as number of undergraduate applications the Indiana State Senate. much time supporting the team. As a triple. Financial aid to students, re- Before she died, Senator Bowser was father of two young boys who love to search funding, and campus infrastruc- the ranking Democrat on the Senate play sports, I know how rewarding it ture investment have also significantly Pensions and Labor Committee and can be to watch my sons’ games. I also increased. was a member of the Judiciary Com- know how dedicated parents must be to President Trachtenberg has received mittee, the Corrections, Criminal and drive their kids to practice every day, numerous accolades from across the Civil Matters Committee, the Ethics make it to the games, and cheer the Nation and abroad for his service, vi- Committee, and Education and Career whole game through. It is this kind of sion, intellect, wit and compassion. His Development Committee. It is a rare dedication that builds a support net- passion and demonstrated commitment person who can make such an impact work worthy of a State championship. to GW and its students, the city of on so many people over the course of Once the playoffs started, the Bob- Washington, DC, and the pursuit of one life. Hoosiers will miss Senator cats’ true character shined even bright- lifelong learning are to be commended. Bowser as a friend, a community leader as they never lost faith in them- I congratulate him on his record of er, and a committed advocate for our selves and prevailed as a team. Their service and outstanding leadership.∑ State. conduct this season should be an exam- f It is my sad duty to enter the name ple for all other student athletes to fol- of Senator Anita Bowser in the official HONORING SENATOR ANITA low. I congratulate the Oregon-Davis RECORD of the United States Senate for BOWSER Bobcats on their State championship her service to the State of Indiana.∑ ∑ Mr. BAYH. Mr. President, today I and commend them for the example f they set for all student athletes who I pay tribute to the life of a distin- hope are inspired by their example.∑ guished public servant, community TRIBUTE TO WAYNE TIPPETS f leader, and friend, Senator Anita Bow- ∑ Mr. CRAPO. Mr. President, on March ser, who passed away at the age of 86 2, 2007, the Boise Veterans Administra- CONGRATULATIONS TO STEPHEN on March 4. Senator Bowser’s dedication Medical Center bade farewell to JOEL TRACHTENBERG tion to the State of Indiana kept her its director of 14 years, Wayne Tippets. ∑ Mr. CONRAD. Mr. President, as an involved in public service throughout After a dedicated career with the VA alumnus of the George Washington her life, and I know that she will be spanning 37 years, Wayne retired with University, GW, I wish to take a few greatly missed. plans to travel and spend time with his minutes to pay tribute to president Senator Bowser was a good and de- family. I also understand that his re- Stephen Joel Trachtenberg, who is recent woman who dedicated her life to tirement will likely include golfing. tiring in July after 19 years of dedi- serving others. From her work as a Wayne served with the VA across the cated service to GW. constitutional scholar to her role as a Nation, in places such as Iowa, Ten- President Trachtenberg became the State representative, her career was nessee and California, before coming 15th president of GW on August 1, 1988. filled with acts of conscientious service back to Idaho in 1993. He recognizes the A native of Brooklyn, NY, President on behalf of friends, family members, importance of honesty, a strong work Trachtenberg came to GW from the and Hoosiers across Indiana. ethic, and the critical importance of University of Hartford, CT, where he In 1980, Senator Bowser retired from competent, compassionate staff, and had been president for 11 years. Before teaching political science at Purdue volunteers to the hospital’s success. assuming the presidency of Hartford, University, North Central, and started Wayne has handled the almost dou- he served for 8 years at Boston Univer- her career in the Indiana House of Rep- bling of hospital patients over the past sity as vice president for academic resentatives. In 1992 she was elected to 14 years with a sense of pragmatism services and academic dean of the Col- the state senate representing LaPorte and drive to continue a history of re- lege of Liberal Arts. Previously, he was and St. Joseph Counties. Throughout sponsible service to Idaho’s veterans. a special assistant for 2 years to the her career as an elected official, Sen- Under his leadership, the Boise VAMC U.S. Education Commissioner, Depart- ator Bowser addressed issues such as rebuilt and modernized the medical/ ment of Health, Education and Welfare. prescription drug assistance, the pro- surgical ward; constructed a behavioral He was also an attorney with the U.S. tection of Indiana’s telephone privacy health center, outpatient care building, Atomic Energy Commission and a leg- list, support for agricultural develop- and specialty care clinic; opened a islative aide to former Indiana Con- ment, assistance for victims of sexual larger and modernized emergency gressman John Brademas. assault, and tax amnesty for small room; opened a new building in Twin President Trachtenberg has shown a businesses. Falls; opened a new administration strong commitment to public, civic, As Governor of Indiana, I had the building; opened a community-based and personal service. He worked tire- privilege of seeing firsthand the dif- outpatient clinic in Caldwell; and es- lessly to honor and enhance the rela- ference Senator Bowser’s efforts have tablished a patient care access point in tionship between the University and made in our State. The contributions Salmon, ID, offering social worker and the District of Columbia, supporting she made through her leadership and telepsychiatry services. and mentoring students, and leading philanthropy touched countless lives, Wayne was instrumental in these and and advocating for reinvention, change and her dedication and strong will other improvements and expansion of and civic engagement. made her a role model for a generation VA patient services throughout his In 1989, President Trachtenberg cre- of Hoosiers. tenure in Idaho. I wish him well in re- ated the 21st Century DC Scholars Pro- Senator Bowser’s many accomplish- tirement and thank him for his long gram—now the Stephen Joel ments include being the first woman to years of service to our Nation’s vet- Trachtenberg Scholars—which has act as house speaker, deputy speaker erans.∑ granted almost 100 full scholarships to pro-tempore, in the history of the f students from the DC Public Schools to State. In addition, she received numer- attend GW. Under his leadership, GW’s ous honors based on her public service, MESSAGE FROM THE HOUSE Multicultural Student Services Center including the Louis Ingelhart Award At 3:48 p.m., a message from the has become a strong center for cultural for Freedom of Expression, the Am- House of Representatives, delivered by awareness and celebrations, student de- nesty International Abolitionist of the Ms. Niland, one of its reading clerks, velopment, and diversity training. His Year Award, and the Robert Dale Owen announced that the House has passed dedication to civic service is reflected Legislator Award from the Indiana the following bills, in which it requests throughout the University, its faculty, Civil Liberties Union. She was also a the concurrence of the Senate: and its students. founding member and the first woman H.R. 429. An act to designate the United GW has experienced great changes to be hired to teach at Purdue Univer- States courthouse located at 225 Cadman and improvements under President sity, North Central, in Westville. A Plaza East, Brooklyn, New York, as the Trachtenberg’s leadership. During his veteran lawmaker, Senator Bowser was ‘‘Hugh L. Carey United States Courthouse’’.

VerDate Aug 31 2005 00:26 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.056 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3123 H.R. 430. An act to designate the United MEASURES PLACED ON THE Resolved by the House of Representatives of States bankruptcy courthouse located at 271 CALENDAR the State of Kansas: That the House of Rep- Cadman Plaza East in Brooklyn, New York, resentatives of the Legislature of the State as the ‘‘Conrad B. Duberstein United States The following bill was read the first of Kansas strongly urges the United States Bankruptcy Courthouse’’ . and second times by unanimous con- Senate to fulfill the requests of the 2005 H.R. 478. An act to designate the Federal sent, and placed on the calendar: BRAC Commission and the United States building and United States courthouse lo- H.R. 710. To amend the National Organ Military by restoring federal funds for mili- cated at 101 Barr Street in Lexington, Ken- Transplant Act to provide that criminal pen- tary construction in the Federal Continuing tucky, as the ‘‘Scott Reed Federal Building alties do not apply to paired donations of Resolution to the funding levels agreed upon and United States Courthouse’’ . human kidneys, and for other purposes. in the FY 2007 Defense Authorization Bill: H.R. 1003. An act to amend the Foreign Af- and be it further f fairs Reform and Restructuring Act of 1998 to Resolved: That the Secretary of State is di- reauthorize the United States Advisory Com- PETITIONS AND MEMORIALS rected to send enrolled copies of this resolu- mission on Public Diplomacy. The following petitions and memo- tion to the President of the United States, H.R. 1045. An act to designate the Federal the President of the United States Senate, building located at 210 Walnut Street in Des rials were laid before the Senate and were referred or ordered to lie on the the Speaker of the United States House of Moines, Iowa, as the ‘‘Neal Smith Federal Representatives, and to each member of the Building’’. table as indicated: Kansas Congressional Delegation. The message also announced that POM–17. A resolution adopted by the Leg- POM–18. A resolution adopted by the Leg- pursuant to 2 U.S.C. 2081, the minority islature of the State of Florida relative to islature of the State of Florida relative to urging the Senate to fulfill the requests of urging Congress to support a National Catas- leader appoints the following Member the 2005 BRAC Commission by restoring fed- of the House of Representatives to the trophe Insurance Program; to the Committee eral funds for military construction; to the on Finance. United States Capitol Preservation Committee on Armed Services. Commission: Mr. WAMP of Tennessee. HOUSE RESOLUTION NO. 6008 HOUSE MEMORIAL The message further announced that Whereas, Kansas communities, state offi- Whereas, during the 2004 and 2005 hurricane pursuant to 2 U.S.C. 2081, and the order cials and the members of the Kansas Con- seasons, the State of Florida was devastated of the House of January 4, 2007, the gressional Delegation worked hard and the by eight hurricanes and four tropical storms, Speaker appoints the following Mem- results of the 2005 Base Realignment and Clo- causing approximately $36 billion in esti- bers of the House of Representatives to sure (BRAC) Commission recommendations mated gross probable insurance losses, and the United States Capitol Preservation were the best news for Kansas in years; and Whereas, the hurricanes from the 2004 and Whereas, these recommendations are re- Commission: Mr. OBEY of Wisconsin 2005 hurricane seasons have produced high sulting in significant increases in personnel and Ms. KAPTUR of Ohio. winds, coastal storm surges, torrential and the missions assigned to Fort Riley, rainfalls, and flooding resulting in signifi- Fort Leavenworth, Forbes Air Force Base cant damage to Florida and the Gulf Coast f and McConnell Air Force Base in Kansas; states, which has resulted in displacement of and policyholders from their dwellings, loss of MEASURES REFERRED Whereas, the military commands, the personal belongings and contents, closing of troops and their families coming to work on businesses and financial institutions, and The following bills were read the first those missions are facing a situation with temporary loss of employment and has cre- and the second times by unanimous much of the funding support originally con- ated numerous health and safety issues with- consent, and referred as indicated: tained in the Federal Continuing Resolution, in our local communities, and and many of the key projects in Kansas, now H.R. 429. An act to designate the United Whereas, the losses caused by the 2004 and at risk; and States courthouse located at 225 Cadman 2005 hurricane seasons have led to dramatic Whereas, the Federal Continuing Resolu- Plaza East, Brooklyn, New York, as the and economically painful increases in prop- tion adopted by the United States House of ‘‘Hugh L. Carey United States Courthouse’’; erty insurance premiums for Florida’s citi- Representatives currently provides less than to the Committee on Environment and Pub- zens and businesses, forcing many to con- half of the request for the 2005 BRAC Com- lic Works. sider relocating outside the state, and mission and is more than $3 Billion short of H.R. 430. To designate the United States Whereas, in 1992, Hurricane Andrew re- bankruptcy courthouse located at 271 the amount agreed upon in the FY 2007 De- fense Authorization Bill; and sulted in approximately $20.8 billion in in- Cadman Plaza East in Brooklyn, New York, sured losses and was previously the costliest as the ‘Conrad B. Duberstein United States Whereas, Kansas Governor Kathleen Sebelius’ Military Council voted on Feb- catastrophe in the United States, but Hurri- Bankruptcy Courthouse’; to the Committee cane Katrina alone left the Gulf Coast states on Environment and Public Works. ruary 7, 2007, to support efforts to restore vital federal military construction funding with an estimated loss of approximately $35 H.R. 478. An act to designate the Federal billion, and building and United States courthouse lo- for Fort Riley, Fort Leavenworth, Forbes cated at 101 Barr Street in Lexington, Ken- Air Force Base and McConnell Air Force Whereas, natural disasters continually tucky, as the ‘‘Scott Reed Federal Building Base at this time when these military posts threaten communities across the United and United States Courthouse’’; to the Com- are getting new missions; and States with extreme weather conditions that mittee on Environment and Public Works. Whereas, projects that are potentially at pose an immediate danger to the lives, prop- H.R. 1045. An act to designate the Federal risk at Fort Riley include a Combat Aviation erty, and security of the residents of those building located at 210 Walnut Street in Des Brigade complex, which would provide addi- communities, and Moines, Iowa, as the ‘‘Neal Smith Federal tional housing for troops, headquarters and Whereas, the insurance industry, state offi- Building’’; to the Committee on Environ- operations buildings and facilities, hanger cials, and consumer groups have been striv- ment and Public Works. expansion and a crash rescue fire station ing to develop solutions to insure mega-cata- ($152 Million); essential Runway Improve- strophic risks, because hurricanes, earth- The following bill was read, and re- ments ($17 Million); Division Headquarters quakes, tornadoes, typhoons, floods, ferred as indicated: and Sustainment Brigade Headquarters wildfires, ice storms, and other natural ca- H.R. 399. An act to designate the United buildings and facilities ($87 Million); a state- tastrophes continue to affect policyholders States Courthouse to be constructed in Jack- of-the-art Battle Command Training Center across the United States, and ($27 Million); and a Health and Dental Clinic son, Mississippi, as the ‘‘R. Jess Brown Whereas, on November 16 and 17, 2005, in- ($17.5 Million) and a Child Development Cen- United States Courthouse’’; to the Com- surance commissioners from Florida, Cali- ter ($5.7 Million) to serve the thousands of mittee on Environment and Public Works. fornia, Illinois, and New York convened a troops and their families moving to Fort summit to devise a national catastrophe in- Riley; and f surance plan which would more effectively Whereas, the project for the Joint Regional spread Insurance risks and help mitigate the Corrections Facility ($68–$95 Million) at Fort tremendous financial damage survivors con- MEASURES DISCHARGED Leavenworth is also at risk; and tend with following such catastrophes: Now, Whereas, the House of Representatives of The following measure was dis- therefore, be it the State of Kansas considers the federal charged from the Committee on the Ju- funding requested for Fort Riley, Fort Leav- Resolved by the Legislature of the State of diciary, and referred as indicated: enworth, Forbes Air Force Base and McCon- Florida: H.R. 399. An act to designate the United nell Air Force Base, based on the rec- (1) That the Legislature urges the Congress States Courthouse to be constructed in Jack- ommendations of the 2005 BRAC Commis- of the United States to support a National son, Mississippi, as the ‘‘R. Jess Brown sion, to be crucially important to the United Catastrophe Insurance Program. Policy- United States Courthouse’’; to the Com- States of America, as well as to the State of holders require a rational insurance mecha- mittee on Environment and Public Works. Kansas: Now, therefore, be it nism for responding to the economic losses

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A bill to amend title 38, United national catastrophe insurance program is insurance; to the Committee on Banking, States Code, to establish a financial assist- necessary to promote personal responsibility Housing, and Urban Affairs. ance program to facilitate the provision of among policyholders; support strong build- POM–20. A resolution adopted by the supportive services for very low-income vet- ing codes, development plans, and other Miami-Dade County Board of County Com- eran families in permanent housing, and for mitigation tools; maximize the risk-bearing missioners relative to urging the Legislature other purposes; to the Committee on Vet- capacity of the private markets; and provide of the State of Florida to prohibit the use of erans’ Affairs. quantifiable risk management through the cellular telephones while driving in a school By Mr. DORGAN (for himself and Mr. Federal Government. The program should zone at times when reduced speeds are in ef- CRAIG): encompass: fect; to the Committee on Commerce, S. 875. A bill to improve energy security of (a) Providing consumers with a private Science, and Transportation. the United States through a 50 percent re- market residential insurance program that POM–21. A resolution adopted by the duction in the oil intensity of the economy provides all-perils protection. Miami-Dade County Board of County Com- of the United States by 2030 and the prudent (b) Promoting personal responsibility missioners relative to urging the Legislature expansion of secure oil supplies, to be through mitigation; promoting the retro- of the State of Florida to pass legislation achieved by raising the fuel efficiency of the fitting of existing housing stock; providing providing a sales tax rebate or similar ben- vehicular transportation fleet, increasing individuals with the ability to manage their efit related to the construction of a public- the availability of alternative fuel sources, own disaster savings accounts that, similar owned stadium for a Major League Baseball fostering responsible oil exploration and pro- to health savings accounts, accumulate on a franchise; to the Committee on Finance. duction, and improving international ar- tax-advantaged basis for the purpose of pay- POM–22. A resolution adopted by the rangements to secure the global oil supply, ing for mitigation enhancements and cata- Miami-Dade County Board of County Com- and for other purposes; to the Committee on strophic losses; and providing personal in- missioners relative to urging the Legislature Finance. come tax deductions for mitigation expenses. of the State of Florida to acknowledge the By Mr. MARTINEZ: (c) Creating tax-deferred insurance com- crisis that now exists related to Florida jails S. 876. A bill to exclude from admission to pany catastrophe reserves to benefit policy- and mentally ill inmates; to the Committee the United States aliens who have made in- holders. These tax-deferred reserves would on Health, Education, Labor, and Pensions. vestments contributing to the enhancement build up over time and only be eligible to be POM–23. A resolution adopted by the of the ability of Cuba to develop its petro- used to pay for future catastrophic losses. Miami-Dade County Board of County Com- leum resources, and for other purposes; to (d) Enhancing local and state government’s missioners relative to urging Congress and the Committee on Banking, Housing, and role in establishing and maintaining effec- the Legislature of the State of Florida to add Urban Affairs. tive building codes, mitigation education, crimes against the homeless to existing hate By Mr. SCHUMER: and land use management; promoting state crimes statutes; to the Committee on the Ju- S. 877. A bill to amend the Controlled Sub- emergency management, preparedness, and diciary. stances Act to add human growth hormone response; and creating state or multistate POM–24. A resolution adopted by the to schedule III, to prohibit the sale of pre- regional catastrophic risk financing mecha- Miami-Dade County Board of County Com- scriptions for controlled substances for ille- nisms such as the Florida Hurricane Catas- missioners relative to urging Congress to re- gitimate purposes, and for other purposes; to trophe Fund. instate the Federal Assault Weapons Ban; to the Committee on the Judiciary. (e) Creating a national catastrophe financ- the Committee on the Judiciary. By Mr. KOHL (for himself and Mr. ing mechanism that would provide a quan- SPECTER): tifiable level of risk management and financ- f S. 878. A bill to prevent anti-competitive ing for mega-catastrophes; maximizing the INTRODUCTION OF BILLS AND mergers and acquisitions in the oil and gas risk-bearing capacity of the private markets; JOINT RESOLUTIONS industry; to the Committee on the Judiciary. and allowing for aggregate risk pooling of By Mr. KOHL (for himself, Mr. SPEC- natural disasters funded through sound risk- The following bills and joint resolu- TER, Mr. LEAHY, Mr. GRASSLEY, Mr. based premiums paid in correct proportion tions were introduced, read the first FEINGOLD, Ms. SNOWE, Mr. SCHUMER, by all policyholders in the United States. and second times by unanimous con- Mr. COBURN, Mr. DURBIN, Mrs. BOXER, (2) That the Legislature urges the Congress sent, and referred as indicated: and Mr. LEVIN): to participate in a federal/state issues sum- S. 879. A bill to amend the Sherman Act to mit in this state to discuss and develop pol- By Mr. DEMINT (for himself and Mr. make oil-producing and exporting cartels il- icy positions on current and emerging issues MARTINEZ): legal; to the Committee on the Judiciary. of state importance that are likely to be con- S. 869. A bill to reform certain provisions By Mr. STEVENS (for himself, Mr. sidered by Congress to build better working of section 404 of the Sarbanes-Oxley Act of BYRD and Mr. INOUYE): relationships in order to mutually accom- 2002, to make compliance with that section S. 880. A bill to amend the Congressional plish goals of benefit to Floridians. more efficient, with the goal of maintaining Accountability Act of 1995 to provide for 8 (3) That the Legislature urges Congress to United States capital market global com- weeks of paid leave for Senate employees provide federal tax exemptions for: petitiveness; to the Committee on Banking, giving birth, and for other purposes; to the (a) Catastrophe premium equalization de- Housing, and Urban Affairs. Committee on Homeland Security and Gov- ductions charged and held by the state in a By Mr. ISAKSON: ernmental Affairs. segregated account for the benefit of insur- S. 870. A bill to amend title XVIII of the By Mrs. LINCOLN (for herself and Mr. ers for use in the event of a catastrophe. Social Security Act to provide for the con- SMITH): (b) The Florida Property and Casualty solidated coverage of home infusion therapy S. 881. A bill to amend the Internal Rev- Joint Underwriting Association. under part B of the Medicare program; to the enue Code of 1986 to extend and modify the (4) That the Legislature urges Congress to Committee on Finance. railroad track maintenance credit; to the provide a federal income tax deduction for By Mr. LIEBERMAN (for himself, Mr. Committee on Finance. residential property insurance premiums BUNNING, Mrs. LINCOLN, Ms. SNOWE, By Mr. MENENDEZ (for himself, Mr. paid by consumers to offset the dramatic Mr. KERRY, Ms. COLLINS, and Mr. LAUTENBERG, Ms. MIKULSKI, and Mr. cost of property insurance. WARNER): CASEY): (5) That the Legislature urges Congress to S. 871. A bill to establish and provide for S. 882. A bill to require a pilot program on support the National Hurricane Research the treatment of Individual Development Ac- the facilitation of the transition of members Initiative, which is intended to foster a bet- counts, and for other purposes; to the Com- of the Armed Forces to receipt of veterans ter understanding of hurricane prediction, mittee on Finance. health care benefits upon completion of mili- intensity, and mitigation on coastal popu- By Mrs. LINCOLN (for herself and Mr. tary service, and for other purposes; to the lations, infrastructure, and the natural envi- COLEMAN): Committee on Veterans’ Affairs. ronment. S. 872. A bill to amend the Internal Rev- By Mrs. FEINSTEIN (for herself and Be it further resolved, That copies of this enue Code of 1986 to extend the excise tax Mr. VOINOVICH): memorial be dispatched to the President of provisions and income tax credit for bio- S. 883. A bill to amend the Higher Edu- the United States, to the President of the diesel; to the Committee on Finance. cation Act of 1965 to extend loan forgiveness United States Senate, to the Speaker of the By Mr. ROCKEFELLER: for certain loans to Head Start teachers; to United States House of Representatives, and S. 873. A bill to amend the Internal Rev- the Committee on Health, Education, Labor, to each member of the Florida delegation to enue Code of 1986 to provide a tax incentive and Pensions. the United States Congress. to individuals teaching in elementary and By Mr. DURBIN (for himself and Mr. secondary schools located in rural or high COLEMAN): POM–19. A resolution adopted by the unemployment areas and to individuals who S. 884. A bill to amend the Public Health Miami-Dade County Board of County Com- achieve certification from the National Service Act regarding residential treatment

VerDate Aug 31 2005 02:06 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.032 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3125 programs for pregnant and parenting women, 26, a bill to amend the Internal Rev- security for aliens in the United States a program to reduce substance abuse among enue Code of 1986 to establish a pro- and for other purposes. nonviolent offenders, and for other purposes; gram demonstrating multiple ap- S. 469 to the Committee on Health, Education, proaches to Lifelong Learning Ac- Labor, and Pensions. At the request of Mr. BAUCUS, the By Mr. ISAKSON: counts, which are portable, worker- name of the Senator from Delaware S. 885. A bill to ensure and foster continued owned savings accounts that can be (Mr. CARPER) was added as a cosponsor patient safety and quality of care by making used by workers to help finance edu- of S. 469, a bill to amend the Internal the antitrust laws apply to negotiations be- cation, training, and apprenticeships Revenue Code of 1986 to make perma- tween groups of independent pharmacies and and which are intended to supplement nent the special rule for contributions health plans and health insurance issuers in both public and employer-provided edu- of qualified conservation contribu- the same manner as such laws apply to col- cation and training resources, and for tions. lective bargaining by labor organizations other purposes. under the National Labor Relations Act; to S. 487 the Committee on the Judiciary. S. 80 At the request of Mr. LEVIN, the By Mr. BINGAMAN (for himself and At the request of Mr. STEVENS, the name of the Senator from Minnesota Mr. LEAHY): name of the Senator from Hawaii (Mr. (Mr. COLEMAN) was added as a cospon- S. 886. A bill to amend chapter 22 of title INOUYE) was added as a cosponsor of S. sor of S. 487, a bill to amend the Na- 44, United States Code, popularly known as 80, a bill to amend title 5, United tional Organ Transplant Act to clarify the Presidential Records Act, to establish States Code, to provide for 8 weeks of procedures for the consideration of claims of that kidney paired donations shall not constitutionally based privilege against dis- paid leave for Federal employees giving be considered to involve the transfer of closure of Presidential records; to the Com- birth and for other purposes. a human organ for valuable consider- mittee on Homeland Security and Govern- S. 93 ation. mental Affairs. At the request of Mr. STEVENS, the S. 500 By Mrs. FEINSTEIN (for herself and name of the Senator from Louisiana At the request of Mr. SALAZAR, the Mr. DURBIN): (Mr. VITTER) was added as a cosponsor name of the Senator from Louisiana S. 887. A bill to restore import and entry of S. 93, a bill to authorize NTIA to agricultural inspection functions to the De- (Ms. LANDRIEU) was added as a cospon- partment of Agriculture; to the Committee borrow against anticipated receipts of sor of S. 500, a bill to establish the on Homeland Security and Governmental Af- the Digital Television and Public Safe- Commission to Study the Potential fairs. ty Fund to initiate migration to a na- Creation of the National Museum of f tional IP-enabled emergency network the American Latino to develop a plan capable of receiving and responding to of action for the establishment and SUBMISSION OF CONCURRENT AND all citizen activated emergency com- maintenance of a National Museum of SENATE RESOLUTIONS munications. the American Latino in Washington, The following concurrent resolutions S. 185 DC, and for other purposes. and Senate resolutions were read, and At the request of Mr. LEAHY, the S. 516 referred (or acted upon), as indicated: name of the Senator from Iowa (Mr. At the request of Mr. PRYOR, the By Mr. BIDEN (for himself, Ms. COL- HARKIN) was added as a cosponsor of S. name of the Senator from Louisiana LINS, Mr. KENNEDY, Mr. LAUTENBERG, 185, a bill to restore habeas corpus for (Ms. LANDRIEU) was added as a cospon- and Mr. MENENDEZ): those detained by the United States. sor of S. 516, a bill to amend the Inter- S. Res. 105. A resolution designating Sep- S. 214 tember 2007 as ‘‘Campus Fire Safety Month’’; nal Revenue Code of 1986 to make per- to the Committee on the Judiciary. At the request of Mr. SALAZAR, his manent the option of including combat By Mr. DURBIN (for himself, Mr. EN- name was added as a cosponsor of S. pay when computing earned income. SIGN, Mr. SCHUMER, Ms. SNOWE, Ms. 214, a bill to amend chapter 35 of title S. 545 STABENOW, Mr. COLEMAN, Mrs. BOXER, 28, United States Code, to preserve the At the request of Mr. LOTT, the name Mr. SUNUNU, Mr. FEINGOLD, Mr. independence of United States attor- of the Senator from Alaska (Mr. STE- DODD, Mr. KERRY, Mr. KENNEDY, Mr. neys. VENS) was added as a cosponsor of S. LIEBERMAN, Mrs. FEINSTEIN, Ms. MI- At the request of Mrs. FEINSTEIN, the KULSKI, Mr. REED, Mr. ALLARD, Mrs. 545, a bill to improve consumer access name of the Senator from Louisiana DOLE, Mr. LAUTENBERG, Mr. BROWN, to passenger vehicle loss data held by Ms. KLOBUCHAR, Mr. WHITEHOUSE, and (Ms. LANDRIEU) was added as a cospon- insurers. Mr. MENENDEZ): sor of S. 214, supra. S. 597 S. Res. 106. A resolution calling on the S. 223 At the request of Mrs. FEINSTEIN, the President to ensure that the foreign policy of At the request of Mr. FEINGOLD, the name of the Senator from Nebraska the United States reflects appropriate under- name of the Senator from New Mexico standing and sensitivity concerning issues (Mr. NELSON) was added as a cosponsor related to human rights, ethnic cleansing, (Mr. BINGAMAN) was added as a cospon- of S. 597, a bill to extend the special and genocide documented in the United sor of S. 223, a bill to require Senate postage stamp for breast cancer re- States record relating to the Armenian candidates to file designations, state- search for 2 years. Genocide; to the Committee on Foreign Re- ments, and reports in electronic form. S. 624 lations. S. 231 At the request of Ms. MIKULSKI, the By Mr. GRAHAM (for himself and Mr. At the request of Mrs. FEINSTEIN, the BROWNBACK): names of the Senator from Maine (Ms. S. Con. Res. 19. A concurrent resolution ex- name of the Senator from New Jersey COLLINS), the Senator from Indiana pressing the sense of Congress on the nuclear (Mr. MENENDEZ) was added as a cospon- (Mr. BAYH), the Senator from Delaware program of Iran; to the Committee on For- sor of S. 231, a bill to authorize the Ed- (Mr. BIDEN) and the Senator from New eign Relations. ward Byrne Memorial Justice Assist- York (Mrs. CLINTON) were added as co- f ance Grant Program at fiscal year 2006 sponsors of S. 624, a bill to amend the levels through 2012. Public Health Service Act to provide ADDITIONAL COSPONSORS S. 294 waivers relating to grants for preven- S. 5 At the request of Mr. LAUTENBERG, tive health measures with respect to At the request of Mr. REID, the name the name of the Senator from Mis- breast and cervical cancers. of the Senator from New Mexico (Mr. sissippi (Mr. COCHRAN) was added as a S. 644 BINGAMAN) was added as a cosponsor of cosponsor of S. 294, a bill to reauthor- At the request of Mrs. LINCOLN, the S. 5, a bill to amend the Public Health ize Amtrak, and for other purposes. name of the Senator from Ohio (Mr. Service Act to provide for human em- S. 340 BROWN) was added as a cosponsor of S. bryonic stem cell research. At the request of Mrs. FEINSTEIN, the 644, a bill to amend title 38, United S. 26 name of the Senator from Washington States Code, to recodify as part of that At the request of Ms. CANTWELL, the (Ms. CANTWELL) was added as a cospon- title certain educational assistance name of the Senator from Maine (Ms. sor of S. 340, a bill to improve agricul- programs for members of the reserve COLLINS) was added as a cosponsor of S. tural job opportunities, benefits, and components of the Armed Forces, to

VerDate Aug 31 2005 02:06 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.020 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3126 CONGRESSIONAL RECORD — SENATE March 14, 2007 improve such programs, and for other competitiveness of the United States in Today, I propose a bill that will help purposes. the global economy. bring dedicated and qualified teaching S. 667 S. 803 professionals to West Virginia’s and At the request of Mrs. CLINTON, the At the request of Mr. ROCKEFELLER, America’s poor and rural schools, and names of the Senator from West Vir- the name of the Senator from Min- help give their students the oppor- ginia (Mr. ROCKEFELLER) and the Sen- nesota (Ms. KLOBUCHAR) was added as a tunity to learn and flourish that every ator from Missouri (Mrs. MCCASKILL) cosponsor of S. 803, a bill to repeal a child deserves. The Incentives To Edu- were added as cosponsors of S. 667, a provision enacted to end Federal cate American Children Act—or ‘‘I bill to expand programs of early child- matching of State spending of child Teach’’ Act—will provide teachers a re- hood home visitation that increase support incentive payments. fundable tax credit every year they school readiness, child abuse and ne- S. 844 practice their profession in the public glect prevention, and early identifica- At the request of Mrs. FEINSTEIN, the schools where they are needed most. tion of developmental and health name of the Senator from Connecticut And it will give every public school delays, including potential mental (Mr. LIEBERMAN) was added as a co- teacher—whichever school they choose—a refundable tax credit for health concerns, and for other pur- sponsor of S. 844, a bill to provide for earning certification by the National poses. the protection of unaccompanied alien Board for Professional Teaching Stand- S. 682 children, and for other purposes. S.J. RES. 9 ards. Together, these two tax credits At the request of Mr. KENNEDY, the will give economically depressed areas names of the Senator from Florida (Mr. At the request of Mr. SALAZAR, his name was withdrawn as a cosponsor of a better ability to recruit and retain MARTINEZ), the Senator from North skilled teachers. Carolina (Mrs. DOLE) and the Senator S.J. Res. 9, a joint resolution to revise United States policy on Iraq. One-fourth of America’s children at- from Delaware (Mr. CARPER) were tend public schools in rural areas, and S. CON. RES. 14 added as cosponsors of S. 682, a bill to of the 250 poorest counties in the At the request of Ms. SNOWE, the award a congressional gold medal to United States, 244 are rural. West Vir- names of the Senator from Virginia Edward William Brooke III in recogni- ginia has rural schools scattered (Mr. WARNER) and the Senator from tion of his unprecedented and enduring through 36 of its 55 counties, and these Colorado (Mr. ALLARD) were added as service to our Nation. schools face real challenges in recruit- cosponsors of S. Con. Res. 14, a concur- S. 691 ing and retaining teachers, as well as rent resolution commemorating the At the request of Mr. CONRAD, the dealing with other issues related to 85th anniversary of the founding of the names of the Senator from Minnesota their rural location. American Hellenic Educational Pro- (Mr. COLEMAN) and the Senator from Attracting teachers to these schools gressive Association, a leading associa- Arkansas (Mrs. LINCOLN) were added as is difficult in large part due to the vast tion for the 1,300,000 United States citi- cosponsors of S. 691, a bill to amend gap between what rural districts are zens of Greek ancestry and title XVIII of the Social Security Act able to offer and the salaries paid by Philhellenes in the United States. to improve the benefits under the more affluent school districts—as wide Medicare program for beneficiaries f as $20,000 a year, according to one with kidney disease, and for other pur- STATEMENTS ON INTRODUCED study. Disadvantaged schools must poses. BILLS AND JOINT RESOLUTIONS overcome similar difficulties. It is often a challenge for these schools to S. 713 By Mr. ROCKEFELLER: attract and keep qualified teachers. At the request of Mr. OBAMA, the S. 873. A bill to amend the Internal Yet according to the 2001 No Child Left name of the Senator from Maryland Revenue Code of 1986 to provide a tax Behind Act, every school must have (Mr. CARDIN) was added as a cosponsor incentive to individuals teaching in el- qualified teachers by the end of the of S. 713, a bill to ensure dignity in ementary and secondary schools lo- 2005–2006 school year. care for members of the Armed Forces cated in rural or high employment My ‘‘I Teach’’ Act will reward teach- recovering from injuries. areas and to to individuals who achieve ers willing to work in rural or high S. 731 certification from the National Board poverty schools with an annual $1,000 At the request of Mr. SALAZAR, the for Professional Teaching Standards, refundable tax credit. If a teacher ob- name of the Senator from Indiana (Mr. and for other purposes; to the Com- tains certification by the National LUGAR) was added as a cosponsor of S. mittee on Finance. Board for Professional Teaching Stand- 731, a bill to develop a methodology for, Mr. ROCKEFELLER. Mr. President, ards, they will receive an additional and complete, a national assessment of one of the key components to success annual $1,000 refundable tax credit. geological storage capacity for carbon in our classrooms is a qualified teach- Every teacher willing to work in un- dioxide, and for other purposes. er. One of the provisions of the No derserved schools will earn a tax cred- S. 747 Child Left Behind Act mandates the it. Every teacher who gets certified hiring of qualified teachers by every At the request of Mr. ISAKSON, the will earn a tax credit. Teachers who name of the Senator from Louisiana school in every district. work in rural or disadvantaged schools But what are the incentives to keep (Mr. VITTER) was added as a cosponsor and get certified will earn both. qualified teachers in the classroom? I of S. 747, a bill to terminate the Inter- Schools that desperately need help at- believe we need more targeted incen- nal Revenue Code of 1986, and for other tracting teachers will get a boost. And tives to reward teachers willing to stay purposes. children educated in poor and rural in the classroom, especially in rural schools will benefit most. S. 756 schools and high poverty schools. In my State of West Virginia, as in At the request of Mr. DODD, the name Unfortunately, without our help, over 30 other States, there is already a of the Senator from Ohio (Mr. BROWN) America’s poor and rural schools may State fiscal incentive for teachers who was added as a cosponsor of S. 756, a not be able to attract the qualified earn national board certification. bill to authorize appropriations for the teachers this legislation mandates and There are over 55,000 teachers with a Department of Defense to address the our children deserve. Isolated, strug- national board certificate, and 290 are equipment reset and other equipment gling and competing against higher West Virginia teachers. West Virginia needs of the National Guard, and for paying well-funded school districts for offers our national board teachers a other purposes. scarce classroom talent, such school $2500 bonus. My legislation builds upon S. 761 faces a shortage of qualified teachers. the West Virginia program; together, At the request of Mr. REID, the As pressure to hire qualified teachers they add up to a powerful tax incentive names of the Senator from Minnesota increases, this shortage will become a for teachers to remain in the classroom (Ms. KLOBUCHAR) and the Senator from crisis, and children already at a dis- and to use their skills where they are Maine (Ms. COLLINS) were added as co- advantage in relation to their more af- most needed. sponsors of S. 761, a bill to invest in in- fluent and less isolated peers will be I have spent a great deal of time in novation and education to improve the the ones who suffer most. West Virginia classrooms this year,

VerDate Aug 31 2005 00:33 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.022 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3127 and it has become obvious to me that In the United States, we use about 67 Sec. 205. Emerging biofuels. our education agenda suffers greatly percent of our oil to power our vehi- Sec. 206. Biodiesel. Sec. 207. Unconventional fossil fuels. from inadequate funding on a number cles. This is the area where we are Sec. 208. Study of incentives for renewable of fronts. That is why I Teach is part of least secure and increasingly depend- fuels. my education agenda. I also want to ent. I am proposing along with my col- TITLE III—DEVELOPMENT AND INVEN- promote school construction bonds to league, Senator CRAIG, a bipartisan, TORY OF CERTAIN OUTER CONTI- improve our schools and renovate balanced approach to securing our fu- NENTAL SHELF RESOURCES aging classrooms. For a decade, I have ture energy through reducing our de- Sec. 301. Definition. fought for the E-Rate program to pro- pendence on foreign oil. Sec. 302. Authorization of activities and ex- vide $2.25 billion in discounts to con- Our proposal is grounded in four cor- ports involving hydrocarbon re- nect our schools and libraries to mod- nerstone principles. The first principle sources by United States per- ern technology. is achievable, stepped increases in fuel sons. Sec. 303. Travel in connection with author- Education must be among our top na- efficiency of the transportation fleet. tional priorities, essential for every ized hydrocarbon exploration The second principle promotes in- and extraction activities. family with a child and vital for our creased availability of alternative fuel Sec. 304. Moratorium of oil and gas leasing economic and national security. I sup- sources and infrastructure. The third in certain areas of the Gulf of ported the bold goals and higher stand- principle calls for expanded production Mexico. ards of the 2001 No Child Left Behind and enhanced exploration of domestic Sec. 305. Inventory of outer Continental Act, but they won’t be met unless our and other secure oil and natural gas re- Shelf oil and natural gas resources off southeastern coast schools have the teachers and resources. Finally, the fourth principle sources they need. I am committed to of the United States. improves the management of alliances Sec. 306. Enhanced oil recovery. working closely with my Senate col- to better secure global energy supplies. leagues this year to secure as much TITLE IV—MANAGEMENT OF ENERGY Senator CRAIG and I came together RISKS funding as possible for our children’s on this legislation because we believe Sec. 401. Bureau of International Energy education. that bolder energy security measures Policy. As important as school construction must be taken now to address our long- Sec. 402. Strategic energy infrastructure and technology are in the classroom, term security, economic growth and equipment reserve. neither can replace a qualified and mo- environmental protection. Producing TITLE I—INCREASED FUEL EFFICIENCY tivated teacher; therefore making it much of our energy at home will also OF THE TRANSPORTATION SECTOR easier for underserved schools to at- address other major challenges. SEC. 101. DEFINITIONS. tract the teachers they need remains There is no silver bullet to solving (a) DEFINITION OF AUTOMOBILE.—Section one of my most important objectives. I our energy dependence. Digging and 32901(a)(3) of title 49, United States Code, is hope each of my colleagues will join drilling is a strategy I call yesterday amended— me in supporting this important legis- forever. Conservation alone is not the (1) by striking ‘‘4-wheeled’’; and lation which takes a great stride to- (2) by striking ‘‘, and rated at—’’ and all answer. Renewable fuels hold promise, that follows and inserting a period. ward providing better education for but we need to do much more here. We every child in the United States. (b) DEFINITION OF PASSENGER AUTO- believe the combination of steps in the MOBILE.—Section 32901(a)(16) of such title is By Mr. DORGAN (for himself and SAFE Energy Act sets the right path- amended by striking ‘‘decides by regula- way to U.S. energy security. tion—’’ and all that follows through the pe- Mr. CRAIG): I ask unanimous consent that the riod and inserting ‘‘determines by regula- S. 875. A bill to improve energ secu- tion, to have a significant feature (except 4- rity of the United States through a 50 text of the Security and Fuel Effi- ciency Energy Act of 2007 be printed in wheel drive) designed for off-highway oper- percent reduction in the oil intensity ation.’’. ECORD of the economy of the United States by the R . (c) FUEL ECONOMY INFORMATION.—Section 2030 and the prudent expansion of se- There being no objection, the text of 32908(a) of such title is amended— cure oil supplies, to be achieved by the bill was ordered to be printed in (1) in the subsection header, by striking raising the fuel efficiency of the vehic- the RECORD, as follows: ‘‘DEFINITIONS’’ and inserting ‘‘DEFINITION’’; ular transportation fleet, increasing S. 875 and Be it enacted by the Senate and House of Rep- (2) by striking ‘‘section—’’ and all that fol- the availability of alternative fuel lows through ‘‘(2)’’ and inserting ‘‘section, sources, fostering responsible oil explo- resentatives of the United States of America in Congress assembled, the term’’. ration and production, and improving (d) EFFECTIVE DATE.—The amendments SECTION 1. SHORT TITLE; TABLE OF CONTENTS. international arrangements to secure made by this section shall take effect on (a) SHORT TITLE.—This Act may be cited as January 1, 2010, and shall apply to auto- the global oil supply, and for other pur- the ‘‘Security and Fuel Efficiency Energy mobiles manufactured for model year 2012 poses; to the Committee on Finance. Act of 2007’’ or the ‘‘SAFE Energy Act of and for each subsequent model year. Mr. DORGAN. Mr. President, today I 2007’’. am pleased to be joined by Senator (b) TABLE OF CONTENTS.—The table of con- SEC. 102. ANNUAL INCREASE IN AVERAGE FUEL ECONOMY STANDARDS. CRAIG to introduce legislation called tents of this Act is as follows: (a) FUEL EFFICIENCY STANDARDS.— the Security and Fuel Efficiency Act of Sec. 1. Short title; table of contents. (1) IN GENERAL.—Section 32902 of title 49, 2007 or SAFE Energy Act. This legisla- TITLE I—INCREASED FUEL EFFICIENCY United States Code, is amended by striking tion is a balanced plan with the overall OF THE TRANSPORTATION SECTOR subsections (a) through (c) and inserting the goal to improve the energy security of Sec. 101. Definitions. following: the U.S. through a 50 percent reduction Sec. 102. Annual increase in average fuel ‘‘(a) IN GENERAL.—Not later than 18 in the oil intensity of the economy by economy standards. months before the beginning of each model 2030. Sec. 103. Tax credits for alternative motor year beginning with model year 2012, the What that means, plainly, is that if vehicles and fuel-efficient Secretary of Transportation, by regulation, motor vehicles. shall prescribe average fuel economy stand- we used more than 4 barrels of oil in Sec. 104. Advanced technology motor vehi- 1973 for every one unit of GDP and are ards for automobiles manufactured by a cles manufacturing credit. manufacturer for that model year in accord- using just over 2 barrels of oil per unit Sec. 105. Increase in maximum allowable ance with subsection (b). The Secretary of of GDP today, then under the provi- gross weight for vehicles using Transportation shall prescribe separate aver- sions of the SAFE Energy Act we are the National System of Inter- age fuel economy standards for different striving to get down to 1 barrel of oil state and Defense Highways. classes of automobiles. The Secretary shall per GDP by 2030. This is important to TITLE II—INCREASED USE OF ALTER- establish average fuel economy standards for me because the United States remains NATIVE FUELS AND INFRASTRUCTURE medium-duty trucks that are consistent dangerously dependent on foreign Sec. 201. Renewable fuel standard. with the projected benefits of hybridization. sources of oil. Today we import over 60 Sec. 202. Modification of credit for alter- In this section, the term ‘medium-duty truck’ means a truck (as defined in section percent of our oil from Iraq, Kuwait, native fuel vehicle refueling property. 30127) with a gross vehicle weight between Saudi Arabia, and other unstable re- Sec. 203. Ethanol-blend fuel infrastructure. 10,000 and 26,000 pounds. gions of the world. This is very trou- Sec. 204. Requirement to increase percent- ‘‘(b) ANNUAL INCREASES IN FUEL ECONOMY bling to me. age of dual fueled automobiles. STANDARDS.—

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‘‘(1) FOR MODEL YEAR 2012.—For model year ‘‘(ix) on the strategic behavior of the Orga- (II) by redesignating clauses (i) and (ii) as 2012, the average fuel economy standard for nization of the Petroleum Exporting Coun- subparagraphs (A) and (B), respectively; each class of automobiles shall be the aver- tries and long-run oil pricing; (ii) by striking subsection (b); and age combined highway and city miles per ‘‘(x) on the short term elasticity of energy (iii) by redesignating subsections (c), (d), gallon performance of all automobiles within demand and the magnitude of price increases and (e) as subsections (b), (c), and (d), respec- that class of automobiles in 2011 (rounded to resulting from a supply shock; tively. the nearest 1/10 mile per gallon). ‘‘(xi) on oil imports, military costs, and re- (b) REPEAL OF CREDIT FOR DUAL FUELED ‘‘(2) FOR MODEL YEARS AFTER MODEL YEAR lated security costs, including intelligence, AUTOMOBILES.— 2012.—For each model year beginning with homeland security, sea lane security and in- (1) IN GENERAL.—Section 32905 of title 49, model year 2013 and ending with model year frastructure, and other military activities; United States Code, is amended— 2030, the average fuel economy attained by ‘‘(xii) on oil imports, diplomatic and for- (A) by amending subsection (b) to read as the fleet of automobiles manufactured or eign policy flexibility, and connections to follows: ‘‘(b) DUAL FUELED AUTOMOBILES.—The Ad- sold in the United States shall be at least 4 geopolitical strife, terrorism, and inter- ministrator of the Environmental Protection percent greater than the average fuel econ- national development activities; Agency shall measure the fuel economy for omy standard for the fleet in the previous ‘‘(xiii) all relevant environmental hazards any model of dual fueled automobile manu- model year (rounded to the nearest 1/10 mile under the jurisdiction of the Environmental factured in model year 2012 and any model per gallon). Protection Agency; and year thereafter, in accordance with section ‘‘(xiv) on well-to-wheels urban and local air ‘‘(c) AMENDING FUEL ECONOMY STAND- 32904.’’; and emissions of pollutants and their ARDS.— (B) by amending subsection (d) to read as uninternalized costs; ‘‘(1) IN GENERAL.—Notwithstanding sub- follows: ‘‘(F) the impact of the oil or energy inten- sections (a) and (b), the Secretary of Trans- ‘‘(d) GASEOUS FUEL DUAL FUELED AUTO- sity of the United States economy on the portation may prescribe an average fuel MOBILES.—The Administrator of the Environ- sensitivity of the economy to oil price economy standard for a class of automobiles mental Protection Agency shall measure the changes, including the magnitude of gross fuel economy for any model of gaseous fuel in a model year that is lower than the stand- domestic product losses in response to short dual fueled automobile manufactured in ard required under subsection (b) if the Sec- term price shocks or long term price in- model year 2012 and any model year there- retary of Transportation, in consultation creases; after, in accordance with section 32904.’’. with the National Academy of Sciences, de- ‘‘(G) the impact of United States payments (2) CONFORMING AMENDMENTS.—Such sec- termines that the average fuel economy for oil imports on political, economic, and tion 32905 is further amended— standard prescribed in accordance with sub- military developments in unstable or un- (A) by repealing subsection (f); and sections (a) and (b) for that class of auto- friendly oil-exporting countries; (B) redesignating subsections (g) and (h) as mobiles in that model year— ‘‘(H) the uninternalized costs of pipeline subsections (f) and (g), respectively. ‘‘(A) is technologically not achievable; and storage oil seepage, and for risk of oil (c) EFFECTIVE DATE.—The amendments ‘‘(B) cannot be achieved without materi- spills from production, handling, and trans- made by this section shall take effect on ally reducing the overall safety of auto- port, and related landscape damage; and January 1, 2010. mobiles manufactured or sold in the United ‘‘(I) additional relevant factors, as deter- SEC. 103. TAX CREDITS FOR ALTERNATIVE States and no offsetting safety improve- mined by the Secretary. MOTOR VEHICLES AND FUEL-EFFI- CIENT MOTOR VEHICLES. ments can be practicably implemented for ‘‘(4) MINIMUM VALUATION.—When consid- (a) MODIFICATIONS TO ALTERNATIVE MOTOR that model year; or ering the value to consumers of a gallon of VEHICLE CREDIT.— ‘‘(C) is shown not to be cost effective. gasoline saved, the Secretary of Transpor- (1) ELIMINATION OF LIMITATION ON NUMBER ‘‘(2) MAXIMUM STANDARD.—Any average tation may not use a value less than the OF NEW QUALIFIED HYBRID AND ADVANCED LEAN fuel economy standard prescribed for a class greatest of— BURN TECHNOLOGY VEHICLES ELIGIBLE FOR of automobiles in a model year under para- ‘‘(A) the average national cost of a gallon FULL ALTERNATIVE MOTOR VEHICLE TAX CRED- graph (1) shall be the maximum standard of gasoline sold in the United States during IT.— that— the 12-month period ending on the date on ‘‘(A) is technologically achievable; (A) IN GENERAL.—Section 30B of the Inter- which the new fuel economy standard is pro- nal Revenue Code of 1986 is amended— ‘‘(B) can be achieved without materially posed; reducing the overall safety of automobiles (i) by striking subsection (f); and ‘‘(B) the most recent weekly estimate by (ii) by redesignating subsections (g) manufactured or sold in the United States; the Energy Information Administration of and through (j), as amended by subsection (a), as the Department of Energy of the average na- subsections (f) through (i), respectively. ‘‘(C) is cost effective. tional cost of a gallon of gasoline (all grades) (B) CONFORMING AMENDMENTS.— ‘‘(3) CONSIDERATIONS IN DETERMINATION OF sold in the United States; or (i) Paragraphs (4) and (6) of section 30B(g) COST EFFECTIVENESS.—In determining cost ‘‘(C) the gasoline prices projected by the of such Code, as redesignated by paragraph effectiveness under paragraph (1)(C), the Sec- Energy Information Administration for the (1)(B), are each amended by striking ‘‘(deter- retary of Transportation shall take into ac- 20-year period beginning in the year fol- mined without regard to subsection (g))’’ and count the total value to the United States of lowing the year in which the standards are inserting ‘‘(determined without regard to reduced petroleum use, including the value established.’’. subsection (f))’’. of reducing external costs of petroleum use, (2) CONFORMING AMENDMENTS.—Title 49, (ii) Section 38(b)(25) of such Code is amend- using a value for such costs equal to 50 per- United States Code, is amended— ed by striking ‘‘section 30B(g)(1)’’ and insert- cent of the value of 1 gallon of gasoline saved (A) in section 32902— ing ‘‘section 30B(f)(1)’’. or the amount determined in an analysis of (i) in subsection (d) by striking ‘‘sub- (iii) Section 55(c)(2) of such Code is amend- the external costs of petroleum use that con- section (b) or (c) of this section’’ and inserted by striking ‘‘section 30B(g)(2)’’ and insert- siders— ing ‘‘subsection (a), (b), or (c)’’; ing ‘‘section 30B(f)(2)’’. ‘‘(A) value to consumers; (ii) by striking subsection (f); (iv) Section 1016(a)(36) of such Code is ‘‘(B) economic security; (iii) in subsection (g)— amended by striking ‘‘section 30B(h)(4)’’ and ‘‘(C) national security; (I) by striking ‘‘subsection (a) or (d)’’ and inserting ‘‘section 30B(g)(4)’’. ‘‘(D) foreign policy; inserting ‘‘this section’’; and (v) Section 6501(m) of such Code is amended ‘‘(E) the impact of oil use— (II) by striking ‘‘(and submit the amend- by striking ‘‘section 30B(h)(9)’’ and inserting ‘‘(i) on sustained cartel rents paid to for- ment to Congress when required under sub- ‘‘section 30B(g)(9)’’. eign suppliers; section (c)(2) of this section)’’; and (C) EFFECTIVE DATE.—The amendments ‘‘(ii) on long-run potential gross domestic (iv) in subsection (h) by striking ‘‘sub- made by this subsection shall apply to prop- product due to higher normal-market oil sections (c), (f), and (g) of this section’’ and erty placed in service after December 31, price levels, including inflationary impacts; inserting ‘‘subsections (c) and (g)’’; 2005, in taxable years ending after such date. ‘‘(iii) on import costs, wealth transfers, (B) in section 32903— (2) EXTENSION OF NEW QUALIFIED HYBRID and potential gross domestic product due to (i) by striking ‘‘section 32902(b)–(d) of this MOTOR VEHICLE CREDIT FOR VEHICLES OVER increased trade imbalances; title’’ each place it occurs and inserting 8,500 POUNDS.—Paragraph (3) of section 30B(i), ‘‘(iv) on import costs and wealth transfers ‘‘subsections (a) through (d) of section as redesignated by subsection (a)(1)(B), is during oil shocks; 32902’’; and amended by striking‘‘2009’’ and inserting ‘‘(v) on macroeconomic dislocation and ad- (ii) in subsection (e), by striking ‘‘section ‘‘2011’’. justment costs during oil shocks; 32902(a) of this title’’ and inserting ‘‘sub- (3) EFFECTIVE DATE.—The amendments ‘‘(vi) on the cost of existing energy secu- sections (a) through (d) of section 32902’’; and made by this subsection shall apply to vehi- rity policies, including the management of (C) in section 32904— cles placed in service after the date of the the Strategic Petroleum Reserve; (i) in subsection (a)— enactment of this Act. ‘‘(vii) on the timing and severity of the oil (I) by striking ‘‘subject to—’’ and all that (b) CREDIT FOR NEW QUALIFIED FUEL-EFFI- peaking problem; follows through ‘‘(B) section 32902(a)–(d) of CIENT VEHICLES PRODUCED AFTER 2010.— ‘‘(viii) on the risk, probability, size, and this title’’ and inserting ‘‘subject to sub- (1) IN GENERAL.—Subpart B of part IV of duration of oil supply disruptions; sections (a) through (d) of section 32902’’; and subchapter A of chapter 1 of the Internal

VerDate Aug 31 2005 00:33 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.024 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3129 Revenue Code of 1986 is amended by adding pounds but not more than 8,500 pounds, the paragraph (1)) for any taxable year shall not at the end the following new section: Bin 8 Tier II emission standard which is so exceed the excess (if any) of— ‘‘SEC. 30D. NEW QUALIFIED FUEL-EFFICIENT established, ‘‘(A) the regular tax liability (as defined in MOTOR VEHICLE CREDIT. ‘‘(3) the original use of which commences section 26(b)) reduced by the sum of the cred- ‘‘(a) IN GENERAL.—There shall be allowed with the taxpayer after December 31, 2010, its allowable under subpart A and sections 27 as a credit against the tax imposed by this and and 30, over chapter for the taxable year an amount ‘‘(4) which is acquired for use or lease by ‘‘(B) the tentative minimum tax for the equal to the amount determined under sub- the taxpayer and not for resale. taxable year. section (b) with respect to each new qualified ‘‘(d) OTHER DEFINITIONS.—For purposes of ‘‘(g) REGULATIONS.— fuel-efficient motor vehicle placed in service this section— ‘‘(1) IN GENERAL.—Except as provided in by the taxpayer during the taxable year. ‘‘(1) LIFETIME FUEL SAVINGS.—The term paragraph (2), the Secretary shall promul- ‘‘(b) CREDIT AMOUNT.— ‘lifetime fuel savings’ means, in the case of gate such regulations as necessary to carry ‘‘(1) FUEL ECONOMY.— any new qualified fuel-efficient motor vehi- out the provisions of this section. ‘‘(A) IN GENERAL.—The credit amount de- cle, an amount equal to the excess (if any) ‘‘(2) COORDINATION IN PRESCRIPTION OF CER- termined under this paragraph shall be de- of— TAIN REGULATIONS.—The Secretary of the termined in accordance with the following ‘‘(A) 120,000 divided by the 2012 model year Treasury, in coordination with the Secretary table: average fuel economy standard for the vehi- of Transportation and the Administrator of cle class, over the Environmental Protection Agency, shall prescribe such regulations as necessary to In the case of a vehicle which The cred- ‘‘(B) 120,000 divided by the fuel economy for achieves a fuel economy (ex- such vehicle. determine whether a motor vehicle meets pressed as a percentage of the it amount ‘‘(2) MOTOR VEHICLE.—The term ‘motor ve- the requirements to be eligible for a credit 2012 model year average fuel hicle’ has the meaning given such term by under this section.’’. economy standard) of— is— section 30(c)(2). (2) CONFORMING AMENDMENTS.— (A) Section 1016(a) of the Internal Revenue At least 125 percent but less than ‘‘(3) FUEL ECONOMY.—The fuel economy Code of 1986 is amended by striking ‘‘and’’ at 150 percent ...... $400 with respect to any vehicle shall be meas- the end of paragraph (36), by striking the pe- At least 150 percent but less than ured in a manner which is substantially riod at the end of paragraph (37) and insert- 175 percent ...... $800 similar to the manner fuel economy is meas- ing ‘‘, and’’, and by adding at the end the fol- At least 175 percent but less than ured in accordance with procedures under lowing new paragraph: 200 percent ...... $1,200 part 600 of subchapter Q of chapter I of title ‘‘(38) to the extent provided in section At least 200 percent but less than 40, Code of Federal Regulations, as in effect 30D(e)(1).’’. 225 percent ...... $1,600 on the date of the enactment of this section. (B) Section 6501(m) of such Code is amend- At least 220 percent but less than ‘‘(4) OTHER TERMS.—The terms ‘auto- ed by inserting ‘‘30D(e)(4),’’ after ‘‘30C(e)(5),’’. 250 percent ...... $2,000 mobile’, ‘‘passenger automobile’’, ‘‘medium (C) The table of sections for subpart B of At least 250 percent ...... $2,400 duty passenger vehicle’’, ‘‘light truck’’, and ‘manufacturer’ have the meanings given part IV of subchapter A of chapter 1 of such such terms in regulations prescribed by the Code is amended by adding at the end the ‘‘(B) 2012 MODEL YEAR AVERAGE FUEL ECON- Administrator of the Environmental Protec- following new item: OMY STANDARD.—For purposes of subparagraph (A), the 2012 model year average fuel tion Agency for purposes of the administra- ‘‘Sec. 30D. New qualified fuel-efficient motor economy standard with respect to a vehicle tion of title II of the Clean Air Act (42 U.S.C. vehicle credit.’’. shall be the average fuel economy standard 7521 et seq.). (3) EFFECTIVE DATE.—The amendments (determined on a gasoline gallon equivalent ‘‘(e) SPECIAL RULES.— made by this subsection shall apply to vehi- basis) for such model year, as prescribed by ‘‘(1) REDUCTION IN BASIS.—For purposes of cles placed in service after December 31, 2010. the Secretary of Transportation under sec- this subtitle, the basis of any property for SEC. 104. ADVANCED TECHNOLOGY MOTOR VEHI- tion 32902 of title 49, United States Code, which a credit is allowable under subsection CLES MANUFACTURING CREDIT. with respect to the class to which such vehi- (a) shall be reduced by the amount of such (a) IN GENERAL.—Subpart B of part IV of cle belongs. credit so allowed. subchapter A of chapter 1 of the Internal ‘‘(2) CONSERVATION CREDIT.—The amount ‘‘(2) NO DOUBLE BENEFIT.— Revenue Code of 1986 (relating to foreign tax determined under paragraph (1) with respect ‘‘(A) COORDINATION WITH OTHER VEHICLE credit, etc.), as amended by this Act, is to a new qualified fuel-efficient motor vehi- CREDITS.—No credit shall be allowed under amended by adding at the end the following cle shall be increased by the conservation subsection (a) with respect to any new quali- new section: credit amount determined in accordance fied fuel-efficient motor vehicle for any tax- ‘‘SEC. 30E. ADVANCED TECHNOLOGY MOTOR VE- with the following table: able year if a credit is allowed with respect HICLES MANUFACTURING CREDIT. to such motor vehicle for such taxable year ‘‘(a) CREDIT ALLOWED.—There shall be al- under section 30 or 30B. lowed as a credit against the tax imposed by The con- ‘‘(B) OTHER TAX BENEFITS.—The amount of In the case of a vehicle which servation this chapter for the taxable year an amount achieves a lifetime fuel savings credit any deduction or credit (other than the cred- equal to 35 percent of so much of the quali- expressed in gallons of gasoline) it allowable under this section and any cred- fied investment of an eligible taxpayer for of— amount is— it described in subparagraph (A)) allowable such taxable year as does not exceed under this chapter with respect to any new $75,000,000. At least 1,200 but less than 1,800 .. $250 qualified fuel-efficient motor vehicle shall be ‘‘(b) QUALIFIED INVESTMENT.—For purposes At least 1,800 but less than 2,400 .. $500 reduced by the amount of credit allowed of this section— At least 2,400 but less than 3,000 .. $750 under subsection (a) for such motor vehicle ‘‘(1) IN GENERAL.—The qualified investment At least 3,000 ...... $1,000 for such taxable year. for any taxable year is equal to the incre- ‘‘(3) PROPERTY USED OUTSIDE THE UNITED mental costs incurred during such taxable ‘‘(c) NEW QUALIFIED FUEL-EFFICIENT MOTOR STATES, ETC., NOT QUALIFIED.—No credit shall year— VEHICLE.—For purposes of this section, the be allowable under subsection (a) with re- ‘‘(A) to re-equip, expand, or establish any term ‘new qualified fuel-efficient motor vehi- spect to any property referred to in section manufacturing facility in the United States cle’ means a passenger automobile or a light 50(b)(1) or with respect to the portion of the of the eligible taxpayer to produce advanced truck— cost of any property taken into account technology motor vehicles or to produce eli- ‘‘(1) described in subsections (c)(3), (d)(3), under section 179. gible components, or (e)(3) of section 30B, ‘‘(4) ELECTION NOT TO TAKE CREDIT.—No ‘‘(B) for engineering integration performed ‘‘(2) which has received a certificate of con- credit shall be allowed under subsection (a) in the United States of such vehicles and formity under the Clean Air Act and meets for any vehicle if the taxpayer elects not to components as described in subsection (d), or exceeds the equivalent qualifying Cali- have this section apply to such vehicle. ‘‘(C) for research and development per- fornia low emission vehicle standard under ‘‘(f) APPLICATION WITH OTHER CREDITS.— formed in the United States related to ad- section 243(e)(2) of the Clean Air Act for that ‘‘(1) BUSINESS CREDIT TREATED AS PART OF vanced technology motor vehicles and eligi- make and model year, and GENERAL BUSINESS CREDIT.—So much of the ble components, and ‘‘(A) in the case of a vehicle having a gross credit which would be allowed under sub- ‘‘(D) for employee retraining with respect vehicle weight rating of 6,000 pounds or less, section (a) for any taxable year (determined to the manufacturing of such vehicles or the Bin 5 Tier II emission standard estab- without regard to this subsection) that is at- components (determined without regard to lished in regulations prescribed by the Ad- tributable to property of a character subject wages or salaries of such retrained employ- ministrator of the Environmental Protection to an allowance for depreciation shall be ees). Agency under section 202(i) of the Clean Air treated as a credit listed in section 38(b) for ‘‘(2) ATTRIBUTION RULES.—In the event a fa- Act for that make and model year vehicle, such taxable year (and not allowed under cility of the eligible taxpayer produces both and subsection (a)). advanced technology motor vehicles and ‘‘(B) in the case of a vehicle having a gross ‘‘(2) PERSONAL CREDIT.—The credit allowed conventional motor vehicles, or eligible and vehicle weight rating of more than 6,000 under subsection (a) (after the application of non-eligible components, only the qualified

VerDate Aug 31 2005 00:33 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.024 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3130 CONGRESSIONAL RECORD — SENATE March 14, 2007 investment attributable to production of ad- means any taxpayer if more than 50 percent (2) Section 6501(m) of such Code is amended vanced technology motor vehicles and eligi- of its gross receipts for the taxable year is by inserting ‘‘30E(k),’’ after ‘‘30C(e)(5),’’. ble components shall be taken into account. derived from the manufacture of motor vehi- (3) The table of sections for subpart B of ‘‘(c) ADVANCED TECHNOLOGY MOTOR VEHI- cles or any component parts of such vehicles. part IV of subchapter A of chapter 1 of such CLES AND ELIGIBLE COMPONENTS.—For pur- ‘‘(f) LIMITATION BASED ON AMOUNT OF Code is amended by inserting after the item poses of this section— TAX.—The credit allowed under subsection relating to section 30D the following new ‘‘(1) ADVANCED TECHNOLOGY MOTOR VEHI- (a) for the taxable year shall not exceed the item: CLE.—The term ‘advanced technology motor excess of— ‘‘Sec. 30E. Advanced technology motor vehi- vehicle’ means— ‘‘(1) the sum of— cles manufacturing credit.’’. ‘‘(A) any qualified electric vehicle (as de- ‘‘(A) the regular tax liability (as defined in (c) EFFECTIVE DATE.—The amendments fined in section 30(c)(1)), section 26(b)) for such taxable year, plus made by this section shall apply to amounts ‘‘(B) any new qualified fuel cell motor ve- ‘‘(B) the tax imposed by section 55 for such incurred in taxable years beginning after De- hicle (as defined in section 30B(b)(3)), taxable year and any prior taxable year be- cember 31, 2006. ‘‘(C) any new advanced lean burn tech- ginning after 1986 and not taken into ac- nology motor vehicle (as defined in section count under section 53 for any prior taxable SEC. 105. INCREASE IN MAXIMUM ALLOWABLE 30B(c)(3)), GROSS WEIGHT FOR VEHICLES year, over USING THE NATIONAL SYSTEM OF ‘‘(D) any new qualified hybrid motor vehi- ‘‘(2) the sum of the credits allowable under INTERSTATE AND DEFENSE HIGH- cle (as defined in section 30B(d)(2)(A) and de- subpart A and sections 27, 30, and 30B for the WAYS. termined without regard to any gross vehicle taxable year. (a) SPECIAL RULE FOR VEHICLES WITH A weight rating), ‘‘(g) REDUCTION IN BASIS.—For purposes of SUPPLEMENTARY SIXTH AXLE.—Not later ‘‘(E) any new qualified alternative fuel this subtitle, if a credit is allowed under this than 180 days after the Secretary of Trans- motor vehicle (as defined in section 30B(e)(4), section for any expenditure with respect to portation makes a positive determination including any mixed-fuel vehicle (as defined any property, the increase in the basis of under subsection (d), the Secretary of Trans- in section 30B(e)(5)(B)), such property which would (but for this portation shall promulgate regulations, in ‘‘(F) any other motor vehicle using electric paragraph) result from such expenditure accordance with section 127(a) of title 23, drive transportation technology (as defined shall be reduced by the amount of the credit United States Code, that set the maximum in paragraph (3)), and so allowed. allowable gross weight for a vehicle using ‘‘(G) any new qualified fuel-efficient motor ‘‘(h) NO DOUBLE BENEFIT.— the National System of Interstate and De- vehicle (as defined in section 30D(c)). ‘‘(1) COORDINATION WITH OTHER DEDUCTIONS fense Highways at 97,000 pounds for vehicles ‘‘(2) ELIGIBLE COMPONENTS.—The term ‘eli- AND CREDITS.—Except as provided in para- with a supplementary sixth axle. gible component’ means any component in- graph (2), the amount of any deduction or (b) CONDITIONS ON REGULATIONS.—The regu- herent to any advanced technology motor other credit allowable under this chapter for lations promulgated under subsection (a)— vehicle, including— any cost taken into account in determining (1) shall ensure that a loaded tractor trail- ‘‘(A) with respect to any gasoline or diesel- the amount of the credit under subsection (a) er with a supplementary sixth axle and a electric new qualified hybrid motor vehicle— shall be reduced by the amount of such cred- gross weight of not more than 97,000 pounds ‘‘(i) electric motor or generator, it attributable to such cost. that is traveling at 60 miles per hour has a ‘‘(ii) power split device, ‘‘(2) RESEARCH AND DEVELOPMENT COSTS.— stopping distance of not greater than 355 ‘‘(iii) power control unit, ‘‘(A) IN GENERAL.—Except as provided in feet; and ‘‘(iv) power controls, subparagraph (B), any amount described in (2) shall not require a fundamental alter- ‘‘(v) integrated starter generator, or subsection (b)(1)(C) taken into account in de- ation of the vehicle architecture that is com- ‘‘(vi) battery, termining the amount of the credit under mon for use in the transportation of goods as ‘‘(B) with respect to any hydraulic new subsection (a) for any taxable year shall not of the day before the date of the enactment qualified hybrid motor vehicle— be taken into account for purposes of deter- of this Act. ‘‘(i) hydraulic accumulator vessel, mining the credit under section 41 for such (c) STUDY.—The Secretary of Transpor- ‘‘(ii) hydraulic pump, or taxable year. tation shall conduct a study that— ‘‘(iii) hydraulic pump-motor assembly, ‘‘(B) COSTS TAKEN INTO ACCOUNT IN DETER- (1) analyzes the safety impacts of allowing ‘‘(C) with respect to any new advanced lean MINING BASE PERIOD RESEARCH EXPENSES.— significantly longer and heavier vehicles to burn technology motor vehicle— Any amounts described in subsection use the National System of Interstate and ‘‘(i) diesel engine, (b)(1)(C) taken into account in determining Defense Highways than are allowed under ‘‘(ii) turbocharger, the amount of the credit under subsection (a) regulations in effect as of the day before the ‘‘(iii) fuel injection system, or for any taxable year which are qualified re- date of the enactment of this Act; and ‘‘(iv) after-treatment system, such as a search expenses (within the meaning of sec- (2) considers the potential impact on high- particle filter or NOx absorber, and tion 41(b)) shall be taken into account in de- way safety of applying lower speed limits on ‘‘(D) with respect to any advanced tech- termining base period research expenses for such vehicles than the limits in effect on the nology motor vehicle, any other component purposes of applying section 41 to subsequent day before the date of the enactment of this submitted for approval by the Secretary. taxable years. Act. ‘‘(3) ELECTRIC DRIVE TRANSPORTATION TECH- ‘‘(i) BUSINESS CARRYOVERS ALLOWED.—If (d) DETERMINATION.—Not later than 180 NOLOGY.—The term ‘electric drive transpor- the credit allowable under subsection (a) for days after the date of the enactment of this tation technology’ means technology used by a taxable year exceeds the limitation under Act, the Secretary of Transportation shall vehicles that use an electric motor for all or subsection (f) for such taxable year, such ex- determine whether allowing significantly part of their motive power and that may or cess (to the extent of the credit allowable longer and heavier vehicles to use the Na- may not use off-board electricity, such as with respect to property subject to the al- tional System of Interstate and Defense battery electric vehicles, fuel cell vehicles, lowance for depreciation) shall be allowed as Highways than are allowed as of the day be- engine dominant hybrid electric vehicles, a credit carryback and carryforward under fore the date of the enactment of this Act plug-in hybrid electric vehicles, and plug-in rules similar to the rules of section 39. would have a material impact on highway hybrid fuel cell vehicles. ‘‘(j) SPECIAL RULES.—For purposes of this safety. ‘‘(d) ENGINEERING INTEGRATION COSTS.—For section, rules similar to the rules of section TITLE II—INCREASED USE OF ALTER- purposes of subsection (b)(1)(B), costs for en- 179A(e)(4) and paragraphs (1) and (2) of sec- NATIVE FUELS AND INFRASTRUCTURE gineering integration are costs incurred tion 41(f) shall apply prior to the market introduction of advanced ‘‘(k) ELECTION NOT TO TAKE CREDIT.—No SEC. 201. RENEWABLE FUEL STANDARD. technology vehicles for engineering tasks re- credit shall be allowed under subsection (a) Section 211(o) of the Clean Air Act (42 lated to— for any property if the taxpayer elects not to U.S.C. 7545(o) is amended— ‘‘(1) establishing functional, structural, have this section apply to such property. (1) in paragraph (2)(B)— and performance requirements for compo- ‘‘(l) REGULATIONS.—The Secretary shall (A) by striking clause (i) and inserting the nent and subsystems to meet overall vehicle prescribe such regulations as necessary to following: objectives for a specific application, carry out the provisions of this section. ‘‘(i) CALENDAR YEARS 2006 THROUGH 2020.— ‘‘(2) designing interfaces for components ‘‘(m) TERMINATION.—This section shall not ‘‘(I) RENEWABLE FUEL.—For the purpose of and subsystems with mating systems within apply to any qualified investment after De- subparagraph (A), subject to subclause (II), a specific vehicle application, cember 31, 2010.’’. the applicable total volume for any of cal- ‘‘(3) designing cost effective, efficient, and (b) CONFORMING AMENDMENTS.— endar years 2006 through 2020 shall be deter- reliable manufacturing processes to produce (1) Section 1016(a) of the Internal Revenue mined in accordance with the following components and subsystems for a specific ve- Code of 1986 is amended by striking ‘‘and’’ at table: hicle application, and the end of paragraph (36), by striking the pe- ‘‘Applicable total ‘‘(4) validating functionality and perform- riod at the end of paragraph (37) and insert- volume of ance of components and subsystems for a ing ‘‘, and’’, and by adding at the end the fol- renewable fuel specific vehicle application. lowing new paragraph: Calendar year: (in billions of ‘‘(e) ELIGIBLE TAXPAYER.—For purposes of ‘‘(38) to the extent provided in section gallons): this section, the term ‘eligible taxpayer’ 30E(g).’’. 2006 ...... 4.0

VerDate Aug 31 2005 00:33 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0655 E:\CR\FM\A14MR6.024 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3131 ‘‘Applicable total ‘‘(B) incorporates the use of inlet valves (C), the Secretary shall ensure that each cov- volume of from such tanks to enable varying amounts ered owner described in that subparagraph renewable fuel of ethanol and gasoline products to be blend- assumes full financial responsibility for the Calendar year: (in billions of ed within a chamber in the pump, and costs of installing or otherwise making gallons): ‘‘(C) dispenses the various blends of eth- available the pumps described in that sub- 2007 ...... 4.7 anol and gasoline products through separate paragraph and any other equipment nec- 2008 ...... 7.1 hoses.’’. essary (including tanks) to ensure that the 2009 ...... 9.5 (b) CREDIT ALLOWED FOR BLENDED ETHANOL pumps function properly. 2010 ...... 12.0 OTHER THAN E85.—Subparagraph (A) of sec- ‘‘(F) PRODUCTION CREDITS FOR EXCEEDING 2011 ...... 12.6 tion 30C(c)(1) of the Internal Revenue Code of ETHANOL-BLEND FUEL PUMPS INSTALLATION 2012 ...... 13.2 1986 (defining qualified alternative fuel vehi- REQUIREMENT.— 2013 ...... 13.8 cle refueling property) is amended to read as ‘‘(i) EARNING AND PERIOD FOR APPLYING 2014 ...... 14.4 follows: 2015 ...... 15.0 CREDITS.—If the percentage of the retail sta- ‘‘(A) at least— tion outlets of a covered owner at which the 2016 ...... 18.0 ‘‘(i) 11 percent of the volume of which con- 2017 ...... 21.0 covered owner installs ethanol-blend fuel sists of ethanol, or pumps in a particular calendar year exceeds 2018 ...... 24.0 ‘‘(ii) 85 percent of the volume of which con- 2019 ...... 27.0 the percentage required under subparagraph sists of one or more of the following: natural 2020 ...... 30.0 (D), the covered owner shall earn credits gas, compressed natural gas, liquefied nat- under this paragraph, which may be applied ‘‘(II) CELLULOSIC BIOMASS ETHANOL.—For ural gas, liquified petroleum gas, or hydro- the purpose of paragraph (1), of the total vol- to any of the 3 consecutive calendar years gen, or’’. immediately after the calendar year for ume of renewable fuel required under sub- (c) EFFECTIVE DATE.—The amendments which the credits are earned. clause (I), the applicable volume for any of made by this section shall apply to property ‘‘(ii) TRADING CREDITS.—A covered owner calendar years 2012 through 2020 for cel- placed in service after the date of the enact- lulosic biomass ethanol shall be determined ment of this Act. that has earned credits under clause (i) may sell credits to another covered owner to en- in accordance with the following table: SEC. 203. ETHANOL-BLEND FUEL INFRASTRUC- TURE. able the purchaser to meet the requirement ‘‘Applicable volume under subparagraph (D).’’. of cellulosic Section 211(o) of the Clean Air Act (42 SEC. 204. REQUIREMENT TO INCREASE PERCENT- biomass ethanol U.S.C. 7545(o)) is amended by adding at the end the following: AGE OF DUAL FUELED AUTO- Calendar year: (in billions of MOBILES. gallons): ‘‘(11) INSTALLATION OF ETHANOL-BLEND FUEL (a) IN GENERAL.—Section 32902 of title 49, 2012 ...... 0.25 PUMPS BY COVERED OWNERS AT STATIONS.— United States Code, is amended by inserting 2013 ...... 1.0 ‘‘(A) DEFINITIONS.—In this paragraph: 2014 ...... 3.0 ‘‘(i) COVERED OWNER.—The term ‘covered after subsection (e) the following: 2015 ...... 5.0 owner’ means any person that, individually ‘‘(f) REQUIREMENT FOR ANNUAL INCREASE IN 2016 ...... 7.0 or together with any other person with re- DUEL FUELED AUTOMOBILES.—Each manufac- 2017 ...... 9.0 spect to which the person has an affiliate re- turer shall ensure that the percentage of 2018 ...... 11.0 lationship or significant ownership interest, automobiles manufactured by such manufac- 2019 ...... 13.0 owns 10 or more retail station outlets, as de- turer in each of model years 2012 through 2020 ...... 15.0’’; termined by the Secretary. 2022 that are dual fueled automobiles is not (B) in clause (ii)— ‘‘(ii) ETHANOL-BLEND FUEL.—The term ‘eth- less than 10 percentage points greater than (i) in the clause heading, by striking ‘‘2013’’ anol-blend fuel’ means a blend of gasoline the percentage of automobiles manufactured and inserting ‘‘2021’’; not more than 85 percent, nor less than 80 by such manufacturer in the previous model (ii) by striking ‘‘2013’’ and inserting ‘‘2021’’; percent, of the content of which is derived year that are dual fueled automobiles.’’. and from ethanol produced in the United States, (b) EFFECTIVE DATE.—The amendment (iii) by striking ‘‘2012’’ and inserting as defined by the Secretary in a manner con- made by subsection (a) shall take effect on ‘‘2020’’; sistent with applicable standards of the the date specified in section 102(c). (C) in clause (iii), by striking ‘‘thereafter— American Society for Testing and Materials. SEC. 205. EMERGING BIOFUELS. ’’ and all that follows through ‘‘(II) the’’ and ‘‘(iii) SECRETARY.—The term ‘Secretary’ (a) ESTABLISHMENT OF INCENTIVE PRO- inserting ‘‘thereafter, the’’; means the Secretary of Energy, acting in GRAM.—The Secretary of Energy (referred to (D) in clause (iv)— consultation with the Administrator and the in this section as the ‘‘Secretary’’) shall es- (i) by striking ‘‘2013’’ and inserting ‘‘2021’’; Secretary of Agriculture. tablish a program under which the Secretary and ‘‘(B) ASSESSMENT.—Not later than 5 years shall provide to eligible entities such incen- (ii) in subclause (II)(bb), by striking ‘‘2012’’ after the date of enactment of this para- tives (including grants, tax credits, loans, and inserting ‘‘2020’’; graph, the Secretary shall make an assess- and loan guarantees) as the Secretary deter- (2) in paragraph (3)— ment of the progress made toward the cre- mines to be appropriate for the production of (A) in subparagraph (A), by striking ‘‘2011’’ ation of adequate infrastructure for the pro- cellulosic ethanol and other emerging and inserting ‘‘2019’’; and duction and distribution of ethanol-blend biofuels derived from renewable sources (in- (B) in subparagraph (B)(i), by striking fuel (including the creation of adequate cluding municipal solid waste). ‘‘2012’’ and inserting ‘‘2020’’; and qualified alternative fuel vehicle refueling (b) APPLICATION.—To be eligible to receive (3) in paragraph (6)(A), by striking ‘‘2012’’ property that is a blender pump). an incentive under this section, an eligible and inserting ‘‘2020’’. ‘‘(C) REGULATIONS.—If the Secretary deter- entity shall submit to the Secretary an ap- SEC. 202. MODIFICATION OF CREDIT FOR ALTER- mines (in the assessment made under sub- plication at such time, in such manner, and NATIVE FUEL VEHICLE REFUELING paragraph (B)) that adequate progress has containing such information as the Sec- PROPERTY. not been made toward the creation of ade- retary may require, including— (a) INCREASE IN CREDIT AMOUNT.— quate infrastructure for the production and (1) a description of the project for which (1) IN GENERAL.—Subsection (a) of section distribution of ethanol-blend fuel, the Sec- the incentive will be used; 30C of the Internal Revenue Code of 1986 (re- retary shall promulgate regulations to en- (2) a description of the use by the eligible lating to alternative fuel vehicle refueling sure, to the maximum extent practicable, entity of the incentive; and property credit) is amended by striking ‘‘30 that each covered owner installs or other- (3) an estimate of the annual production percent’’ and inserting ‘‘35 percent’’. wise makes available 1 or more pumps that using the incentive by the eligible entity of (2) FURTHER INCREASE FOR BLENDER dispense ethanol-blend fuel (including any cellulosic ethanol or another biofuel, ex- PUMPS.— other equipment necessary, such as tanks, to pressed on a per-gallon basis. (A) IN GENERAL.—Section 30C(a) of such ensure that the pumps function properly) at (c) SELECTION REQUIREMENTS.— Code, as amended by paragraph (1), is amend- not less than the applicable percentage of (1) MINIMUM NUMBER OF INCENTIVES.—The ed by inserting ‘‘(40 percent in the case of the retail station outlets of the covered Secretary shall provide incentives under this any qualified alternative fuel vehicle refuel- owner specified in subparagraph (D). section to not less than 6 biorefineries lo- ing property which is a blender pump)’’ after ‘‘(D) APPLICABLE PERCENTAGES.—For the cated in different regions of the United ‘‘property’’. purpose of subparagraph (C), the applicable States. (B) BLENDER PUMP.—Section 30C(c) of such percentage of the retail station outlets shall (2) LEAST-COST INCENTIVES.—The Secretary Code is amended by adding at the end the be— shall provide incentives under this section following new paragraph: ‘‘(i) during the 10-year period beginning on only to eligible entities the applications of ‘‘(3) BLENDER PUMP.—The term ‘blender the date of any determination made under which reflect the least-cost use of the incen- pump’ means any fuel pump which, with re- subparagraph (C), 10 percent; and tives, on a per-gallon basis, with respect to spect to any fuel described in paragraph ‘‘(ii) after the 10-year period described in similar projects. (1)(A)(i)— clause (i), 20 percent. (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) sources ethanol and gasoline products ‘‘(E) FINANCIAL RESPONSIBILITY.—In pro- There is authorized to be appropriated to from separate underground storage tanks, mulgating regulations under subparagraph carry out this section $500,000,000.

VerDate Aug 31 2005 00:33 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.025 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3132 CONGRESSIONAL RECORD — SENATE March 14, 2007

SEC. 206. BIODIESEL. (4) the Committee on Finance of the Sen- (2) MINIMUM REQUIREMENTS.—At a min- (a) IN GENERAL.—Not later than 180 days ate; imum, the regulations shall include— after the date of enactment of this Act, the (5) the Committee on Agriculture of the (A) provisions requiring surety bonds of Secretary of Energy shall submit to Con- House of Representatives; sufficient value to ensure the mitigation of gress a report on any research and develop- (6) the Committee on Energy and Com- any foreseeable incident; ment challenges inherent in increasing to 5 merce of the House of Representatives; and (B) provisions assigning liability to the percent the proportion of diesel fuel sold in (7) the Committee on Ways and Means of leaseholder in the event of an incident caus- the United States that is biodiesel, as de- the House of Representatives. ing damage or loss, regardless of the neg- fined in section 757 of the Energy Policy Act TITLE III—DEVELOPMENT AND INVEN- ligence of the leaseholder or lack of neg- of 2005 (42 U.S.C. 16105). TORY OF CERTAIN OUTER CONTI- ligence; (b) REGULATIONS.—The Administrator of NENTAL SHELF RESOURCES (C) provisions no less stringent than those the Environmental Protection Agency shall contained in the Spill Prevention, Control, promulgate regulations providing for the SEC. 301. DEFINITION. In this title, the term ‘‘United States per- and Countermeasure regulations promul- uniform labeling of biodiesel blends that are gated under the Oil Pollution Act of 1990 (33 certified to meet applicable standards pub- son’’ means— (1) any United States citizen or alien law- U.S.C. 2701 et seq.); lished by the American Society for Testing (D) provisions ensuring that— and Materials. fully admitted for permanent residence in the United States; and (i) no facility for the exploration or pro- SEC. 207. UNCONVENTIONAL FOSSIL FUELS. duction of resources is visible to the unas- (a) IN GENERAL.—The Secretary of Energy (2) any person other than an individual, if 1 or more individuals described in paragraph sisted eye from any shore of any coastal shall carry out a 10-year carbon capture re- State; and search and development program to develop (1) own or control at least 51 percent of the securities or other equity interest in the per- (ii) the impact of offshore production fa- carbon dioxide capture technologies that can cilities on coastal vistas is otherwise miti- be used in the recovery of liquid fuels from son. SEC. 302. AUTHORIZATION OF ACTIVITIES AND gated; oil shale and the production of liquid fuels in (E) provisions to ensure, to the maximum coal utilization facilities to minimize the EXPORTS INVOLVING HYDRO- CARBON RESOURCES BY UNITED extent practicable, that exploration and pro- emissions of carbon dioxide from those proc- STATES PERSONS. duction activities will result in no signifi- esses. Notwithstanding any other provision of cant adverse effect on fish or wildlife (in- (b) AUTHORIZATION OF APPROPRIATIONS.— law (including a regulation), United States cluding habitat), subsistence resources, or There are authorized to be appropriated to persons (including agents and affiliates of the environment; and carry out this section— those United States persons) may— (F) provisions that will impose seasonal (1) $50,000,000 for the period of fiscal years (1) engage in any transaction necessary for limitations on activity to protect breeding, 2008 through 2012; and the exploration for and extraction of hydro- spawning, and wildlife migration patterns. (2) $100,000,000 for the period of fiscal years carbon resources from any portion of any 2013 through 2017. (c) CONFORMING AMENDMENT.—Section 105 foreign exclusive economic zone that is con- of the Department of the Interior, Environ- SEC. 208. STUDY OF INCENTIVES FOR RENEW- tiguous to the exclusive economic zone of ABLE FUELS. ment, and Related Agencies Appropriations the United States; and (a) STUDY.—The Secretary of Agriculture Act, 2006 (Public Law 109–54; 119 Stat. 521) (as (2) export without license authority all (in consultation with the Secretary of En- amended by section 103(d) of the Gulf of Mex- equipment necessary for the exploration for ergy, the Secretary of the Treasury, the Ad- ico Energy Security Act of 2006 (43 U.S.C. or extraction of hydrocarbon resources de- ministrator of the Environmental Protection 1331 note; Public Law 109–432)) is amended by scribed in paragraph (1). Agency, representatives of the biofuels in- inserting ‘‘and any other area that the Sec- dustry, the oil industry, and other interested SEC. 303. TRAVEL IN CONNECTION WITH AU- retary of the Interior may offer for leasing, THORIZED HYDROCARBON EXPLO- parties) shall conduct a study of the renew- preleasing, or any related activity under sec- RATION AND EXTRACTION ACTIVI- tion 104 of that Act’’ after ‘‘2006)’’. able fuels industry and markets in the TIES. United States, including— Section 910 of the Trade Sanctions Reform SEC. 305. INVENTORY OF OUTER CONTINENTAL (1) the costs to produce corn-based and cel- and Export Enhancement Act of 2000 (22 SHELF OIL AND NATURAL GAS RE- lulosic-based ethanol and biobutanol, bio- U.S.C. 7209) is amended by inserting after SOURCES OFF SOUTHEASTERN diesel, and other emerging biofuels; subsection (b) the following: COAST OF THE UNITED STATES. (2) the factors affecting the future market ‘‘(c) GENERAL LICENSE AUTHORITY FOR (a) IN GENERAL.—The Secretary of the In- prices for those biofuels, including world oil TRAVEL-RELATED EXPENDITURES BY PERSONS terior (referred to in this section as the prices; and ENGAGING IN HYDROCARBON EXPLORATION AND ‘‘Secretary’’) may conduct an inventory of (3) the level of tax incentives necessary, to EXTRACTION ACTIVITIES.— oil and natural gas resources beneath the the maximum extent practicable, to grow ‘‘(1) IN GENERAL.—The Secretary of the waters of the outer Continental Shelf (as de- the biofuels industry of the United States to Treasury shall, authorize under a general li- fined in section 2 of the Outer Continental reduce the dependence of the United States cense the travel-related transactions listed Shelf Lands Act (43 U.S.C. 1331)) off of the on foreign oil during calendar years 2011 in section 515.560(c) of title 31, Code of Fed- coast of the States of Virginia, North Caro- through 2030. eral Regulations, for travel to, from or with- lina, South Carolina, or Georgia in accord- (b) GOALS.—The study shall include an in Cuba in connection with exploration for ance with this section. analysis of the types and advantages and dis- and the extraction of hydrocarbon resources (b) BEST AVAILABLE TECHNOLOGY.—In con- advantages of tax incentive options to, to in any part of a foreign maritime Exclusive ducting the inventory, the Secretary shall the maximum extent practicable— Economic Zone that is contiguous to the use the best technology available to obtain (1) limit the overall cost of the tax incen- United States’ Exclusive Economic Zone. accurate resource estimates. tives to the Federal Government; ‘‘(2) PERSONS AUTHORIZED.—Persons au- (c) REQUEST BY GOVERNOR.—The Secretary (2) encourage expansion of the biofuels in- thorized to travel to Cuba under this section may conduct an inventory under this section dustry by ensuring that new plants and re- include full-time employees, executives, off the coast of a State described in sub- cently-built plants can fully amortize the in- agents, and consultants of oil and gas pro- section (a) only if the Governor of the State vestments in the plants; ducers, distributors, and shippers.’’. requests the inventory. (3) reward energy-efficient and low carbon- SEC. 304. MORATORIUM OF OIL AND GAS LEAS- emitting technologies; ING IN CERTAIN AREAS OF THE (d) REPORTS.—The Secretary shall submit (4) ensure that pioneering processes (such GULF OF MEXICO. to Congress and the requesting Governor a as those that convert cellulosic feedstocks (a) IN GENERAL.—Section 104(a) of the Gulf report on any inventory conducted under like corn stover and switch grass to ethanol) of Mexico Energy Security Act of 2006 (43 this section. are economically competitive with fossil U.S.C. 1331 note; Public Law 109–432) is (e) AUTHORIZATION OF APPROPRIATIONS.— fuels; amended— There are authorized to be appropriated such (5) encourage agricultural producer equity (1) by striking paragraph (1); sums as are necessary to carry out this sec- participation in ethanol plants; and (2) in paragraph (2), by striking ‘‘125 miles’’ tion. (6) encourage the development of higher and inserting ‘‘45 miles’’; blend markets, such as E-20, E30, and E-85. (3) in paragraph (3), by striking ‘‘100 miles’’ SEC. 306. ENHANCED OIL RECOVERY. (c) REPORT.—Not later than 1 year after each place it appears and inserting ‘‘45 Section 354(c)(4)(B) of the Energy Policy the date of enactment of this Act, the Sec- miles’’; and Act of 2005 (42 U.S.C. 15910(c)(4)(B)) is amend- retary of Agriculture shall submit a report (4) by redesignating paragraphs (2) and (3) ed— that describes the results of the study to— as paragraphs (1) and (2), respectively. (1) in clause (iii), by striking ‘‘and’’ at the (1) the Committee on Agriculture, Nutri- (b) REGULATIONS.— end; tion, and Forestry of the Senate; (1) IN GENERAL.—The Secretary of the Inte- (2) in clause (iv), by striking the period at (2) the Committee on Energy and Natural rior shall promulgate regulations that estab- the end and inserting ‘‘; and’’; and Resources of the Senate; lish appropriate environmental safeguards (3) by adding at the end the following: (3) the Committee on Environment and for the exploration and production of oil and ‘‘(v) are carried out in geologically chal- Public Works of the Senate; natural gas on the outer Continental Shelf. lenging fields.’’.

VerDate Aug 31 2005 00:33 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.025 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3133 TITLE IV—MANAGEMENT OF ENERGY by gigantic mergers such as Exxon/ er or acquisition to determine whether RISKS Mobil, BP/Arco, Conoco/Phillips and to approve it or take legal action to SEC. 401. BUREAU OF INTERNATIONAL ENERGY Chevron/Texaco, by 2004, the five larg- block it, the FTC follows what are POLICY. est U.S. oil refining companies con- known as ‘‘Merger Guidelines.’’ The Section 101 of the National Security Act of trolled over 56 percent of domestic re- Merger Guidelines set forth the factors 1947 (50 U.S.C. 402) is amended by adding at the end the following: fining capacity, a greater market share that the agency must examine to de- (1) by redesignating subsection (i) (as than that controlled by the top ten termine if a merger or acquisition added by section 301 of Public Law 105–292 companies a decade earlier. lessens competition, and sets forth the (112 Stat. 2800)) as subsection (k); and This merger wave has led to substan- legal tests the FTC is to follow in de- (2) by adding at the end the following: tially less competition in the oil indus- ciding whether to approve or challenge ‘‘(l) BUREAU OF INTERNATIONAL ENERGY try. In 2004, the GAO concluded that a merger. As presently written, the POLICY.— these mergers have directly caused in- Merger Guidelines fail to direct the ‘‘(1) ESTABLISHMENT.—There is established creases in the price of gasoline. A FTC, when reviewing an oil industry within the National Security Council a Bu- study by the independent consumer reau of International Energy. merger, to pay any heed at all to the ‘‘(2) DUTIES.—The Bureau shall, in conjunc- watchdog Public Citizen found that in special economic conditions prevailing tion with the Secretary of Defense, the Sec- the five years between 1999 and 2004, in that industry. retary of State, and the Secretary of Energy, U.S. oil refiners increased their aver- Our bill will correct this deficiency. prepare and submit to Congress an annual age profits on every gallon of gasoline Many special conditions prevail in the energy security report.’’. refined from 22.8 cents to 40.8 cents, a oil and gas marketplace that warrant SEC. 402. STRATEGIC ENERGY INFRASTRUCTURE 79 percent jump. And the grossly in- scrutiny, conditions that do not occur EQUIPMENT RESERVE. flated profit numbers of the major oil in other industries, and the Merger (a) ESTABLISHMENT.—The Secretary may companies—led by Exxon Mobil’s $8.4 Guidelines should reflect these condi- establish and operate a strategic energy infrastructure equipment reserve. billion profit in the first quarter of tions. In most industries, when demand (b) USE.—The reserve shall be used and op- 2006, which followed its $36 billion prof- rises and existing producers earn ever- erated for— it in 2005, the highest corporate profits increasing profits, new producers enter (1) the protection, conservation, mainte- ever achieved in U.S. history, are con- the market and new supply expands, nance, and testing of strategic energy infra- clusive evidence—if any more was reducing the pressure on price. How- structure equipment; and needed—of the lack of competition in ever, in the oil industry, there are se- (2) the provision of strategic energy infra- the U.S. oil industry. While it is true vere limitations on supply and environ- structure equipment whenever and to the extent that— that the world price of crude oil has mental and regulatory difficulty in (A) the Secretary, with the approval of the substantially increased, the fact that opening new refineries, so this normal President, finds that the equipment is need- the oil companies can so easily pass market mechanism cannot work. Addi- ed for energy security purposes; and along all of these price increases to tionally, in most industries, consumers (B) the provision of the equipment is au- consumers of gasoline and other re- shift to alternative products in the face thorized by a joint resolution of Congress. fined products—and greatly compound of sharp price increases, leading to a (c) AUTHORIZATION OF APPROPRIATIONS.— their profits along the way—confirms reduction in demand and a cor- There are authorized to be appropriated such that that there is a failure of competi- responding reduction in the pressure to sums as are necessary to carry out this section. tion in our oil and gas markets. increase prices. But for such an essen- More than 90 years ago, one of our tial commodity as gasoline, consumers By Mr KOHL (for himself and Mr. Nation’s basic antitrust laws—the have no such option they must con- SPECTER): Clayton Act—was written to prevent tinue to consume gasoline to get to S. 878. A bill to prevent anti-competi- just such industry concentration harm- work, to go to school, and to shop. tive mergers and acquisitions in the oil ing competition. It makes illegal any These factors all mean that antitrust and gas industry; to the Committee on merger or acquisition the effect of enforcers should be especially cautious the Judiciary. which ‘‘may be substantially to lessen about permitting increases in con- Mr. KOHL. Mr. President, I rise competition.’’ Despite the plain com- centration in the oil industry. today to introduce the Oil Industry mand of this law, the Federal Trade Accordingly, our bill directs the FTC Merger Antitrust Enforcement Act. Commission the Federal agency with and Justice Department to revise their This legislation will significantly responsibility for enforcing antitrust Merger Guidelines to take into account strengthen the antitrust laws to pre- law in the oil and gas industry has the special conditions prevailing in the vent anti-competitive mergers and ac- failed to take any effective action to oil industry—including the high inelas- quisitions in the oil and gas industry. prevent undue concentration in this in- ticity of demand for oil and petroleum- We have all seen the suffering felt by dustry. Instead, it permitted almost all related products; the ease of gaining consumers and our national economy of these 2,600 oil mergers and acquisi- market power; supply and refining ca- resulting from rising energy prices. tions to proceed without challenge. pacity limits; difficulties of market Last year, gasoline prices shattered the And where the FTC has ordered entry; and unique regulatory require- once unthinkable $3.00 a gallon level, divestitures, they have been wholly in- ments applying to the oil industry. before receding in the fall. Prices are effective to restore competition. Con- This revision of the Merger Guidelines on the move upward once again, having sumers have been at the mercy of an must be completed within six months increased by 15 percent in the last increasingly powerful oligopoly of a of enactment of this legislation. month alone. And prices for other cru- few giant oil companies, passing along The second manner in which this leg- cial energy products—such as natural price increases without remorse as the islation will strengthen antitrust en- gas and home heating oil—have under- market becomes increasingly con- forcement will be to shift the burden of gone similar sharp increases in the last centrated and competition diminishes. proof in Clayton Act challenges to oil year. It is past time for us in Congress to industry mergers and acquisitions. In Industry experts debate the causes of take action to strengthen our antitrust such cases, the burden will be placed on these extraordinarily high prices. Pos- law so that it will, as intended, stand the merging parties to establish, by a sible culprits are growing worldwide as a bulwark to protect consumers and preponderance of evidence, that their demand, supply disruptions, the ac- prevent any further loss of competition transaction does not substantially less- tions of the OPEC oil cartel and limits in this essential industry. en competition. This provision would on refinery capacity in the United Our bill will strengthen merger en- reverse the usual rule that the govern- States. But we cannot overlook one im- forcement under the antitrust law in ment or private plaintiff challenging portant factor—the substantial rise in two respects. First, it will direct that the merger must prove that the trans- concentration and consolidation in the the FTC, in conjunction with the Jus- action harms competition. As the par- oil industry. Since 1990, the Govern- tice Department, revise its Merger ties seeking to effect a merger with a ment Accountability Office has count- Guidelines to take into account the competitor in an already concentrated ed over 2,600 mergers, acquisitions and special conditions prevailing in the oil industry, and possessing all the rel- joint ventures in the oil industry. Led industry. In reviewing a pending merg- evant data regarding the transaction,

VerDate Aug 31 2005 02:06 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.025 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3134 CONGRESSIONAL RECORD — SENATE March 14, 2007 it is entirely appropriate that the so that oil companies can easily utilize mar- this section shall be completed not later merging parties bear this burden. This ket power to raise prices. than 6 months after the date of enactment of provision does not forbid all mergers in (5) Maintaining competitive markets for this Act. (d) REPORT.—Not later than 6 months after the oil industry—if the merging parties oil, gasoline, natural gas, and other petroleum-related products is in the highest na- the date of enactment of this Act, the Fed- can establish that their merger does tional interest. eral Trade Commission and the Antitrust Di- not substantially harm competition, it (b) PURPOSES.—The purposes of this Act vision of the Department of Justice shall may proceed. However, shifting the are to— jointly report to the Committee on the Judi- burden of proof in this manner will un- (1) ensure vigorous enforcement of the ciary of the Senate and the Committee on doubtedly make it more difficult for oil antitrust laws in the oil industry; the Judiciary of the House of Representa- mergers and acquisition to survive (2) restore competition to the oil industry tives regarding the review and revision of the enforcement guidelines mandated by this court challenge, thereby enhancing the and to the production, refining, distribution, and marketing of gasoline and other petro- section. law’s ability to block truly anti-com- leum-related products; and SEC. 5. DEFINITIONS. petitive transactions and deterring (3) prevent the accumulation and exercise In this Act: companies from even attempting such of market power by oil companies. (1) OIL INDUSTRY.—The term ‘‘oil industry’’ transactions. In today’s concentrated SEC. 3. BURDEN OF PROOF. means companies and persons involved in the oil industry and with consumers suf- Section 7 of the Clayton Act (15 U.S.C. 18) production, refining, distribution, or mar- fering record high prices, mergers and is amended by adding at the end the fol- keting of oil or petroleum-based products. acquisitions that even the merging par- lowing: (2) PETROLEUM-BASED PRODUCT.—The term ‘‘In any civil action brought against any ‘‘petroleum-based product’’ means gasoline, ties cannot justify should not be toler- person for violating this section in which the diesel fuel, jet fuel, home heating oil, nat- ated. plaintiff— ural gas, or other products derived from the As Chairman of the Senate Antitrust ‘‘(1) alleges that the effect of a merger, ac- refining of oil or petroleum. Subcommittee, I believe that this bill quisition, or other transaction affecting is a crucial step to ending this unprece- commerce may be to substantially lessen By Mr. KOHL (for himself, Mr. dented move towards industry con- competition, or to tend to create a monop- SPECTER, Mr. LEAHY, Mr. centration and to begin to restore com- oly, in the business of exploring for, pro- GRASSLEY, Mr. FEINGOLD, Ms. ducing, refining, or otherwise processing, petitive balance to the oil and gas in- SNOWE, Mr. SCHUMER, Mr. storing, marketing, selling, or otherwise dustry. making available petroleum, oil, or natural COBURN, Mr. DURBIN, Mrs. Since the days of the break-up of the gas, or products derived from petroleum, oil, BOXER, and Mr. LEVIN): Standard Oil trust one hundred years or natural gas; and S. 879. A bill to amend the Sherman ago, antitrust enforcement has been es- ‘‘(2) establishes that a merger, acquisition, Act to make oil-producing and export- sential to prevent undue concentration or transaction is between or involves persons ing cartels illegal; to the Committee in this industry. This bill is an essen- competing in the business of exploring for, on the Judiciary. tial step to ensure that our antitrust producing, refining, or otherwise processing, Mr. KOHL. Mr. President, I rise laws are sufficiently strong to ensure a storing, marketing, selling, or otherwise today to introduce the No Oil Pro- making available petroleum, oil, or natural competitive oil industry in the 21st ducing and Exporting Cartels Act of gas, or products derived from petroleum, oil, 2007 (‘‘NOPEC’’). It is time for the U.S. century. I urge my colleagues to sup- or natural gas; government to fight back on the price port the Oil Industry Merger Antitrust the burden of proof shall be on the defendant Enforcement Act. or defendants to establish by a preponder- of oil and hold OPEC accountable when I ask unanimous consent that the ance of the evidence that the merger, acqui- it acts illegally. This bill will hold text of this bill be printed in the sition, or transaction at issue will not sub- OPEC member nations to account RECORD. stantially lessen competition or tend to cre- under U.S. antitrust law when they There being no objection, the text of ate a monopoly.’’. agree to limit supply or fix price in the bill was ordered to be printed in SEC. 4. ENSURING FULL AND FREE COMPETI- violation of the most basic principles TION. of free competition. the RECORD, as follows: (a) REVIEW.—The Federal Trade Commis- Our bill will authorize the Attorney S. 878 sion and the Antitrust Division of the De- General to file suit against nations or Be it enacted by the Senate and House of Rep- partment of Justice shall jointly review and resentatives of the United States of America in revise all enforcement guidelines and poli- other entities that participate in a con- Congress assembled, cies, including the Horizontal Merger Guide- spiracy to limit the supply, or fix the lines issued April 2, 1992 and revised April 8, price, of oil. In addition, it will ex- SECTION 1. SHORT TITLE. 1997, and the Non-Horizontal Merger Guide- This Act may be cited as the ‘‘Oil Industry pressly specify that the doctrines of lines issued June 14, 1984, and modify those sovereign immunity and act of state do Merger Antitrust Enforcement Act’’. guidelines in order to— SEC. 2. STATEMENT OF FINDINGS AND DECLARA- (1) specifically address mergers and acqui- not exempt nations that participate in TIONS OF PURPOSES. sitions in oil companies and among compa- oil cartels from basic antitrust law. I (a) FINDINGS.—Congress finds the fol- nies involved in the production, refining, dis- have introduced this bill in each Con- lowing: tribution, or marketing of oil, gasoline, nat- gress since 2000. This legislation has (1) American consumers are suffering from ural gas, heating oil, or other petroleum-re- passed the Judiciary Committee unani- excessively high prices for gasoline, natural lated products; and mously three times since it was first gas, heating oil, and other energy products. (2) ensure that the application of these (2) These excessively high energy prices introduced, and in 2005 passed the full guidelines will prevent any merger and ac- Senate by voice vote as an amendment have been caused, at least in substantial quisition in the oil industry, when the effect part, by undue concentration among compa- of such a merger or acquisition may be to to the Energy Bill before being stripped nies involved in the production, refining, dis- substantially lessen competition, or to tend from that bill in the conference com- tribution, and retail sale of oil, gasoline, to create a monopoly, and reflect the special mittee. It is now time, in this new Con- natural gas, heating oil, and other petro- conditions prevailing in the oil industry de- gress, to finally pass this legislation leum-related products. scribed in subsection (b). into law and give our Nation a long (3) There has been a sharp consolidation (b) SPECIAL CONDITIONS.—The guidelines needed tool to counteract this per- caused by mergers and acquisitions among described in subsection (a) shall be revised to oil companies over the last decade, and the nicious and anti-consumer conspiracy. take into account the special conditions pre- Throughout the last year, consumers antitrust enforcement agencies (the Federal vailing in the oil industry, including— Trade Commission and the Department of (1) the high inelasticity of demand for oil all across the Nation watched gas Justice Antitrust Division) have failed to and petroleum-related products; prices rise to previously unimagined employ the antitrust laws to prevent this (2) the ease of gaining market power in the levels. As crude oil prices exceeded $40, consolidation, to the detriment of consumers oil industry; then $50 and then $60 per barrel, retail and competition. This consolidation has (3) supply and refining capacity limits in prices of gasoline over $3.00 per gallon caused substantial injury to competition and the oil industry; became commonplace. While prices has enabled the remaining oil companies to (4) difficulties of market entry in the oil temporarily receded last fall, the gen- gain market power over the sale, refining, industry; and eral trend is significantly upwards, and and distribution of petroleum-related prod- (5) unique regulatory requirements apply- ucts. ing to the oil industry. prices are rising even today. Gas prices (4) The demand for oil, gasoline, and other (c) COMPETITION.—The review and revision have increased 32 cents in the last petroleum-based products is highly inelastic of the enforcement guidelines required by month alone to a national average of

VerDate Aug 31 2005 02:20 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.046 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3135 $2.56 per gallon, a nearly 15 percent in- act together to restrict supply or set that is more obviously commercial crease in just one month. prices, they are violating U.S. law. The than selling oil for profit, as the OPEC As we consider gas price changes, one bill will not authorize private lawsuits, nations do. Our legislation will estab- fact has remained consistent any move but it will authorize the Attorney Gen- lish that the sovereign immunity doc- downwards in price ends as soon as eral to file suit under the antitrust trine will not divest a U.S. court from OPEC decides to cut production. Refer- laws for redress. Our bill will also jurisdiction to hear a lawsuit alleging ring to the 18 percent rise in worldwide make plain that the nations of OPEC that members of the oil cartel are vio- crude oil prices since the start of the cannot hide behind the doctrines of lating antitrust law. year, OPEC President Mohammed al- ‘‘sovereign immunity’’ or ‘‘act of The suffering of consumers across the Hamli commented ‘‘we had a bad situa- state’’ to escape the reach of American Nation in the last year has made me tion at the beginning of the year. It is justice. In so doing, our bill will over- more certain than ever that this legis- much better now.’’ The difference— rule one twenty-year old lower court lation is necessary. Between OPEC’s combined output cuts of 1.7 million decision which incorrectly failed to repeated decisions to cut oil production barrels of oil a day adopted by OPEC recognize that the actions of OPEC and the FTC’s conclusion for the last last October and December driving up member nations was commercial activ- several years that there is no illegal crude oil prices. And while OPEC en- ity exempt from the protections of sov- conduct by domestic companies respon- joys its newfound riches, the average ereign immunity. sible for rising gas prices, I am con- American consumer suffers every time The most fundamental principle of a vinced that we need to take action, and he or she visits the gas pump or pays a free market is that competitors cannot take action now, before the damage home heating bill. be permitted to conspire to limit sup- spreads too far. So there is no doubt that the price of ply or fix price. There can be no free I urge my colleagues to support our crude oil dances to the tune set by market without this foundation. And legislation so that our Nation will fi- OPEC members. Such blatantly anti- we should not permit any nation to nally have an effective means to com- competitive conduct by the oil cartel flout this fundamental principle. bat this price-fixing conspiracy of oil- violates the most basic principles of Some critics of this legislation have rich nations. Thank you. fair competition and free markets and argued that suing OPEC will not work I ask unanimous consent that the should not be tolerated. or that threatening suit will hurt more text of this bill be printed in the Real people suffer real consequences than help. I disagree. Our NOPEC legis- RECORD. every day in our Nation because of lation will, for the first time, enable There being no objection, the text of OPEC’s actions. Rising gas prices are a our Justice Department to take legal the bill was ordered to be printed in silent tax that takes hard-earned action to combat the illegitimate the RECORD, as follows: money away from Americans every price-fixing conspiracy of the oil car- S. 879 time they visit the gas pump. Higher tel. It will, at a minimum, have a real Be it enacted by the Senate and House of Rep- oil prices drive up the cost of transpor- deterrent effect on nations that seek to resentatives of the United States of America in tation, harming thousands of compa- join forces to fix oil prices to the det- Congress assembled, nies throughout the economy from riment of consumers. This legislation SECTION 1. SHORT TITLE. trucking to aviation. And those costs will be the first real weapon the U.S. This Act may be cited as the ‘‘No Oil Pro- are passed on to consumers in the form government has ever had to deter ducing and Exporting Cartels Act of 2007’’ or of higher prices for manufactured OPEC from its seemingly endless cycle ‘‘NOPEC’’. goods. Higher oil prices mean higher of price increases. SEC. 2. SHERMAN ACT. heating oil and electricity costs. Any- There is nothing remarkable about The Sherman Act (15 U.S.C. 1 et seq.) is one who has gone through a Midwest applying U.S. antitrust law overseas. amended by adding after section 7 the fol- winter can tell you about the tremen- Our government has not hesitated to lowing: dous personal costs associated with do so when faced with clear evidence of ‘‘SEC. 7A. OIL PRODUCING CARTELS. higher home heating bills. anti-competitive conduct that harms ‘‘(a) IN GENERAL.—It shall be illegal and a We have all heard many explanations American consumers. A few years ago, violation of this Act for any foreign state, or offered for rising energy prices. Some for example, the Justice Department any instrumentality or agent of any foreign state, to act collectively or in combination say that the oil companies are gouging secured record fines totaling $725 mil- with any other foreign state, any instrumen- consumers. Some blame disruptions in lion against German and Swiss compa- tality or agent of any other foreign state, or supply. Others point to the EPA re- nies engaged in a price fixing con- any other person, whether by cartel or any quirement mandating use of a new and spiracy to raise and fix the price of vi- other association or form of cooperation or more expensive type of ‘‘reformulated’’ tamins sold in the United States and joint action— gas in the Midwest or other ‘‘boutique’’ elsewhere. Their behavior harmed con- ‘‘(1) to limit the production or distribution fuels around the country. Some even sumers by raising the prices consumers of oil, natural gas, or any other petroleum claim that refiners and distributors paid for vitamins every day and plainly product ‘‘(2) to set or maintain the price of oil, nat- have illegally fixed prices. On this needed to be addressed. As this and ural gas, or any petroleum product; or issue, I have repeatedly asked the Fed- other cases show, the mere fact that ‘‘(3) to otherwise take any action in re- eral Trade Commission to investigate the conspirators are foreign nations is straint of trade for oil, natural gas, or any these allegations. As a result of our reno basis to shield them from violating petroleum product; quests, the FTC has put a task force in these most basic standards of fair eco- when such action, combination, or collective place to find out if those allegations nomic behavior. action has a direct, substantial, and reason- were true. While we continue to urge Even under current law, there is no ably foreseeable effect on the market, sup- the FTC to be vigilant, the FTC has to doubt that the actions of the inter- ply, price, or distribution of oil, natural gas, date found no evidence of illegal do- national oil cartel would be in gross or other petroleum product in the United mestic price fixing as a cause of higher violation of antitrust law if engaged in States. by private companies. If OPEC were a ‘‘(b) SOVEREIGN IMMUNITY.—A foreign state gas prices. engaged in conduct in violation of subsection But one cause of these escalating group of international private compa- (a) shall not be immune under the doctrine prices is indisputable: the price fixing nies rather than foreign governments, of sovereign immunity from the jurisdiction conspiracy of the OPEC nations. For their actions would be nothing more or judgments of the courts of the United years, this conspiracy has unfairly than an illegal price fixing scheme. But States in any action brought to enforce this driven up the cost of imported crude oil OPEC members have used the shield of section. to satisfy the greed of the oil export- ‘‘sovereign immunity’’ to escape ac- ‘‘(c) INAPPLICABILITY OF ACT OF STATE DOC- ers. We have long decried OPEC, but, countability for their price-fixing. The TRINE.—No court of the United States shall sadly, no one in government has yet Foreign Sovereign Immunities Act, decline, based on the act of state doctrine, to make a determination on the merits in an tried to take any action. Our bill will, though, already recognizes that the action brought under this section. for the first time, establish clearly and ‘‘commercial’’ activity of nations is ‘‘(d) ENFORCEMENT.—The Attorney General plainly that when a group of competing not protected by sovereign immunity. of the United States may bring an action to oil producers like the OPEC nations And it is hard to imagine an activity enforce this section in any district court of

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Today, the unmet infrastructure (3) by adding at the end the following: credit; to the Committee on Finance. needs of the short line railroads total ‘‘(8) in which the action is brought under Mrs. LINCOLN. Mr. President, I ask in the billions of dollars. And capacity section 7A of the Sherman Act.’’. unanimous consent that the text of the and physical demands on the short Mr. LEAHY. Mr. President, I am bill be printed in the RECORD. lines continue to grow. The presence of pleased to join Senator KOHL, the There being no objection, the text of heavier rail cars being used today only chairman of the Subcommittee on the bill was ordered to be printed in further exacerbates the need for invest- Antitrust and Competition Policy, by the RECORD, as follows: ment to meet the infrastructure needs cosponsoring once again the No Oil S. 881 of the short line railroads. Producing and Exporting Cartels, Be it enacted by the Senate and House of Rep- Currently a tax credit exists to en- resentatives of the United States of America in NOPEC, Act. I thank Senator KOHL for able increased investment in short line Congress assembled, his leadership on this important issue, railroads. However, this critical credit SECTION 1. SHORT TITLE. is set to expire at the end of 2007. Cur- and Senators SPECTER, GRASSLEY, This Act may be cited as the ‘‘Short Line FEINGOLD, SNOWE, SCHUMER, DURBIN, rent law allows for a taxpayer to claim Railroad Investment Act of 2007’’. a tax credit of 50 cents for every dollar BOXER and COBURN the other cospon- SEC. 2. EXTENSION AND MODIFICATION OF RAIL- sors, for their continued support of this ROAD TRACK MAINTENANCE CRED- invested in track rehabilitation. The critically important effort. IT. extension of the tax credit for short The collusive behavior of certain oil (a) EXTENSION.— line railroad maintenance and rehabili- producing nations has artificially—and (1) IN GENERAL.—Subsection (d) of section tation is integral to meeting this need. drastically reduced the supply and in- 45G of the Internal Revenue Code of 1986 (re- The enactment of this credit in the lating to qualified railroad track mainte- 2004 American Jobs Creation Act has flated the price of fuel. Put simply, the nance expenditures) is amended by striking behavior of these oil cartels, which encouraged the private sector to in- ‘‘for maintaining’’ and all that follows and crease investment in short line freight would be illegal under antitrust laws, inserting ‘‘for maintaining— grievously harms American consumers ‘‘(A) in the case of taxable years beginning rail infrastructure. The ultimate bene- and businesses. after December 31, 2004, and before January ficiaries of these investments will be We have introduced this measure in 1, 2008, railroad track (including roadbed, over 11,000 rail customers employing each of the last four Congresses. We in- bridges, and related track structures) owned over 1 million Americans in rural and troduce it again today, in our never- or leased as of January 1, 2005, by a Class II urban areas. or Class III railroad (determined without re- ending effort to make OPEC account- It is imperative that we extend this gard to any consideration for such expendi- credit. I propose a 3-year extension of able for its anticompetitive behavior tures given by the Class II or Class III rail- by allowing the Justice Department to this credit through 2010 that will help road which made the assignment of such achieve the original goal of prompting crack down on illegal price manipula- track), and tion by oil cartels. ‘‘(B) in the case of taxable years beginning $1.5 billion in new infrastructure im- This bill will allow the Federal Gov- after December 31, 2007, and before January provements on short line railroads. I urge my colleagues support for this ernment to take legal action against 1, 2011, railroad track (including roadbed, important measure that will improve any foreign state, including members bridges, and related track structures) owned or leased as of January 1, 2007, by a Class II short line railroads that have such a of OPEC, for price fixing and artifi- or Class III railroad (determined without re- vital role in the transportation of cially limiting the amount of available gard to any consideration for such expendi- goods and our Nation’s economy. oil. While OPEC actions remain pro- tures given by the Class II or Class III rail- I ask unanimous consent that the tected from antitrust enforcement, the road which made the assignment of such text of the bill be printed in the ability of the governments involved to track).’’. RECORD. wreak havoc on the American economy (2) CONFORMING AMENDMENT.—Section 45G will remain unchecked. of such Code is amended by striking sub- By Mr. MENENDEZ (for himself, section (f). When the President took office, Mr. LAUTENBERG, Ms. MIKULSKI, Americans could fill their cars, heat (b) COORDINATION WITH SECTION 55.—Sec- tion 38(c)(4)(B) of the Internal Revenue Code and Mr. CASEY): their homes, and run their businesses of 1986 is amended by striking ‘‘and’’ at the S. 882. A bill to require a pilot pro- on gasoline that cost $1.45 a gallon. end of clause (i), by striking the period at gram on the facilitation of the transi- Fuel prices have skyrocketed since the end of clause (ii)(II) and inserting ‘‘, tion of members of the Armed Forces then. Prices will at times fall, but be- and’’, and by adding at the end the following to receipt of veterans health care bene- cause fuel prices are not properly sub- new clause: fits upon completion of military serv- ject to competition oversight and en- ‘‘(iii) the credit determined under section ice, and for other purposes; to the Com- forcement, the American consumer 45G.’’. (c) CREDIT LIMITATION ADJUSTMENT.—Sub- mittee on Veterans’ Affairs. will only benefit from lower prices paragraph (A) of section 45G(b)(1) of the In- Mr. MENENDEZ. Mr. President, when it serves some other purpose of ternal Revenue Code of 1986 is amended by since the March 2003 start of the Iraq the cartel and foreign governments. striking ‘‘$3,500’’ and inserting ‘‘$4,500’’. war, more than 24,042 members of our President Bush has said he is con- (d) EFFECTIVE DATE.—The amendments Nation’s armed forces have been in- cerned about gasoline costs and has made by this section shall apply to taxable jured, more than 10,685 of them too se- pledged that the government would years beginning after December 31, 2007. verely to be returned to action. keep a close watch on unacceptable Mr. SMITH. Mr. President. I rise I have visited these soldiers at Wal- profiteering. It is time for the Presi- today with my colleague Senator LIN- ter Reed, at Fort Dix, and at the East dent to join us in supporting this legis- COLN of Arkansas to introduce the Orange Veterans Hospital. I have heard lation. Short Line Railroad Investment Act of stories consistently from our veterans Our antitrust laws have been called 2007. about fighting against DoD and VA bu- the ‘‘Magna Carta of free enterprise.’’ More than 500 short line railroads op- reaucracy for months and even years If OPEC were simply a foreign business erate nationally, serving nearly every simply to receive the basic benefits engaged in this type of behavior, it State and account for almost 50,000 they are owed by a grateful Nation. would already be subject to them. It is miles of track in the United States. By The controversy at Walter Reed wrong to let OPEC producers off the connecting to the larger railways, again brings to light the shortcomings hook just because their anticompeti- short line railroads are critical to in the process our returning veterans tive practices come with the seal of ap- farmers and small businesses that need must deal with in their difficult transi- proval of national governments. I urge to move their goods into the market- tion from soldier to civilian. Just as

VerDate Aug 31 2005 00:33 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.026 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3137 the deplorable conditions that have At the end of the 5 years, the VA Sec- consistently provided the infrastruc- come to light are unacceptable, so too retary would submit a report to Con- ture needed to accommodate the needs are the countless stories detailing the gress on the effectiveness of the Vet- of soldiers trying to navigate their way maze of forms, hearings, and medical erans Navigator demonstration pro- through the ‘‘active duty medical ex- evaluations that prevent so many of gram and recommend whether or not it tension’’ (ADME) process . . . this has our veterans from getting the health should be made permanent. resulted in injured and ill soldiers car- care and benefits they need. Often called National Service Offi- rying a disproportionate share of the Too often, it seems that rather than cers or counselors, a navigator is a burden for ensuring that they do not thanking the soldier for their sacrifice, ‘‘sherpa’’, a guide through the maze of fall off their active duty orders.’’ this system sets up yet another battle paper and people and specialists and The Veterans Navigator Act would of bureaucracy. Too often, it seems benefits. A navigator is an advocate for help minimize such occurrences by pro- that the system is stacked against the those no longer able to go it alone. A viding National Guardsmen and Re- very soldiers it is designed to help. Too navigator is a facilitator, someone who servists someone to help bring them often, veterans must seek out their will be with you through the process, through the ADME process and to help own treatment options and benefits or to provide the expertise you will need correct any discrepancies before they risk missing deadlines and losing bene- to transition between active duty and cause a delay in accessing VA medical fits. It doesn’t have to be this way. We veterans status and to get the urgent care. have an obligation not only to fulfill care you need. Veterans with psychological prob- the promises we make to America’s Let me be clear: a navigator does not lems also need help. In the last several fighting men and women, but to do so supplant the role of the DoD or the VA. years, we’ve been hearing a lot more in a manner that ensures the benefits A navigator is meant to complement about post-traumatic stress disorder, we owe them are made readily avail- the work done by these organizations, or PTSD in veterans and those return- able. particularly at a time when those sys- ing from conflict. The GAO report con- At the East Orange VA hospital in tems are struggling to meet the needs cluded that almost four out of five my State of New Jersey, for instance, of the soldiers returning from war and service members returning from Iraq we have a modern War-Related Illness will continue to do so long after the and Afghanistan who were found to be and Injury Study Center that stands conflicts in Iraq and Afghanistan have at risk for PTSD were not provided ap- underutilized because many veterans ended. propriate medical assistance. All of aren’t even informed that it’s there. While all veterans will benefit, the these factors mean that now, more Patients whose quality of life could be bill focuses particular attention on than ever, our Nation’s soldiers need drastically improved by the technology four underserved groups in the military help moving between the DoD and VA the center provides miss the oppor- community: the seriously injured or realms. According to a recent study commis- tunity simply because they are not wounded soldiers, female soldiers, sioned by the Department of Veterans aware the option is available. This those suffering from psychological Affairs, roughly 13 percent of service country can do better; the will of the problems like Post-Traumatic Stress men and women returning from Iraq American people is to do better; now Disorder, PTSD, and members of the suffer from PTSD. GAO has concluded this government must do better. activated National Guard and Re- that roughly 78 percent of those service That’s why I am proud to introduce serves. members at risk for PTSD do not get the ‘‘Veterans Navigator Act’’, a bill These underserved groups have not further evaluation. That means they that would expand and enhance the im- been sufficiently served in existing VA return to active duty or are discharged portant work done by VSOs and other and DoD transition programs and ac- without receiving the appropriate care. non-governmental organizations to tivities. It is these underserved groups It is the nature of this disorder to ap- guide our Nation’s servicemen and who especially need continuity of care pear not right after the traumatic women to and through the VA as they enter and wind their way event is experienced, but often not healthcare system. It would, in fact, through the VA medical system. Part until an individual re-experiences an acknowledge the work of these organi- of the reason they have not been ade- event, has a flashback or is somehow zations by providing $25 million in quately cared for is that the nature of reminded of a battlefield event. That grants over 5 years to augment their the current wars we are fighting, in may not happen until after a service capabilities. Iraq, in Afghanistan, is different from member has been discharged from serv- The ‘‘navigator’’ concept is not new. previous conflicts we’ve undertaken. ice. Once PTSD does emerge, the vet- It is similar to the Patient Navigator During the Iraq and Afghanistan eran may not know how to access VA demonstration program I introduced campaigns, we have the largest activa- medical assistance, or he or she may and which was subsequently enacted tion of National Guard and reservists not have yet enrolled into the VA med- into law. There, we also took a success- since World War II. As of March 12, ac- ical system. ful small-scale program being used at cording to DoD, the United States had Again, as in the case of the severely select medical facilities around the 141,000 military personnel deployed in wounded, time is of the essence. PTSD country and expanded it by providing Iraq. Of these, 119,005 were active com- can manifest itself so severely as to in- grants for a scaled-up demonstration ponent personnel and 21,995 were Na- capacitate a soldier, making medical program to serve those with cancer and tional Guard and Reserves. These num- care more urgent. In the case of return- other chronic diseases, and in par- bers are set to increase due to the re- ing National Guardsmen and Reserv- ticular, to provide support to medically cent announcement by President Bush ists, the problem is made more com- underserved populations. to send at least 20,000 more troops to plex because of the 2-year time limit With the Veterans Navigator bill, I Iraq by May. on filing for VA benefits. propose to do something similar, cap- The GAG released a report in Feb- Since 1991, opportunities for women italizing on the successes of the Pa- ruary 2005 citing deficiencies in bene- in our Nation’s armed forces have tient Navigator concept, to help our fits for these soldiers. The report con- grown. For the first time, the military troops. The $25 million over 5 years in cluded that National Guard and Re- is placing women in support units at the bill would allow VSOs and other or- serve soldiers ‘‘are given little help the front line. This has come partly as ganizations to apply for grants so that navigating a thicket of regulations and the result of more than 10 years of pol- they could hire and train navigators to procedures necessary to gain access to icy changes making 91 percent of the provide assistance, on an individualized military doctors.’’ career fields gender neutral. basis, to members of the Armed Forces To complicate matters, members of The Navy and the Air Force have as they transition from military serv- our National Guard who seek medical begun to allow female soldiers to fly ice to the VA healthcare system. They care must file for an extension of their fighters and bombers. The Army has would do so in coordination with DoD active duty status in order to continue expanded the role of women in ground- and the VA. Right now, many VSOs to access military bases and hospitals. combat operations. Right now, ‘‘women rely principally on donations to per- In its report, GAG also concluded command combat military police com- form these services. that, and I quote, ‘‘the Army has not panies, fly Apache helicopters, work as

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A Balti- recover and prepare to re-enter civilian ensuring that our children start ele- more reporter profiling women sol- life. The navigator can also help obtain mentary school ready to learn. diers’ participation in Iraq observed information from DoD on seriously in- A survey conducted by the U.S. De- that ‘‘the war in Iraq has been an equal jured soldiers earlier on so that they partment of Health and Human Serv- opportunity employer, by killing and can help ensure that all service mem- ices, the Head Start Family and Child injuring a historic number of female bers and veterans benefit from VA Experiences Survey (FACES), found soldiers in combat situations.’’ health care services at the right time. that ‘‘teachers with higher education Therefore, a VA medical system de- At a time when many active duty levels were found to have more high signed to treat wounded male soldiers service people and veterans have quality language activities and more must now ensure that female soldiers fought and often made the ultimate creative activities in their class- get the right kind of medical care. sacrifice for their country, we cannot rooms.’’ They will need help finding that care risk having any soldier fall through the In order to give every child a jump and getting access to that care. A vet- cracks. We cannot take the risk that start in life, we must continue to re- eran navigator can help them do that. our female soldiers, who are fighting cruit highly qualified teachers to the Because of the length and size of the alongside their male colleagues, may Head Start field and prevent the best deployment, many more soldiers are not receive the medical care they need. teachers from leaving. being seriously wounded. According to We cannot risk the lives and health of Many Head Start programs across the GAO, roughly 30 percent of U.S. soldiers with PTSD. We cannot risk the the country, including in California, soldiers wounded in combat during lives and the health of any service are losing qualified teachers to local World War II later died. Today, that member who put their lives at risk for school districts in part because the pay number has dropped to 3 percent for our country. is better. those serving in Iraq and Afghanistan As we have seen with the situation at Nationally, the average Head Start due to advances in technology and pro- Walter Reed, DoD and VA simply do teacher earns a salary of about tective gear. not have the manpower to effectively $21,000—almost half the amount of ele- While this is clearly a positive devel- handle the influx of veterans cases mentary school teachers’ salary of opment, it also means that many of coming into the system. With a back- about $43,000. these injured soldiers are returning log of over half a million claims, the Low pay, combined with increasing home with severe disabilities, includ- VA can not adequately address the in- student debt, makes it increasingly dif- ing traumatic brain injuries and miss- dividual needs of America’s warriors. ficult to attract and retain highly ing limbs that require comprehensive Our service members didn’t have to qualified Head Start teachers. inpatient rehabilitation services. wait to sign up to serve their country; We must provide incentives to en- But, severe injuries often mean a they shouldn’t have to wait and fight courage recent graduates, current Head lengthy transition from active duty to to get the benefits they are seriously Start teachers without a degree, and veteran status. As my story earlier in- entitled to. college students to enter and remain in dicates, the physical evaluation of a se- The very least that we can do is to this important field. riously wounded service member to de- ensure that all of these brave men and This legislation would allow recent termine whether he or she can return women are able to access the medical college graduates (obtaining a min- to active duty can take months to benefits to which they are entitled, imum of a bachelor’s degree), and cur- complete. In the interim, the VA has to particularly in their time of greatest rent Head Start teachers without a de- be able to identify these soldiers so need. At some point in each of our gree, to receive up to $5,000 of their that they can perform early outreach, lives, we might need a guiding hand to Federal student loans forgiven in ex- provided that they have the informa- help us find our way. Today, I am pro- change for 5 years of teaching in a tion to do so. posing to provide that helping hand to qualified Head Start program; and pro- Despite this, the GAO observed in a our troops in a time of their greatest vide Head Start teachers with the same March 2005 report that the VA faces need. It is the very least that we can opportunity as currently offered to eli- ‘‘significant challenges in providing do. gible elementary and secondary school services to seriously injured service teachers to receive up to $5,000 in loan members.’’ By Mrs. FEINSTEIN (for herself forgiveness in exchange for 5 years of In many cases, VA staff have re- and Mr. VOINOVICH): service. ported that seriously injured service S. 883. A bill to amend the Higher Providing our Nation’s low-income members are simply not ready to begin Education Act of 1965 to extend loan children with access to highly educated thinking about VA benefits or dealing forgiveness for certain loans to Head and qualified Head Start teachers so with the VA system during the recov- Start teachers; to the Committee on that they enter school ready to learn is ery process. The problem here, as GAO Health, Education, Labor, and Pen- critical to their future success. has pointed out, is that the VA has no sions. Head Start is the primary Federal policy for maintaining contact with Mrs. FEINSTEIN. Mr. President. I program that has the potential to these soldiers down the line, once they rise today with Senator VOINOVICH to reach out to low-income children early are discharged. Contact is often con- introduce legislation that would ex- in their formative years when their ducted on an ad hoc basis. Navigators pand the Federal student loan forgive- cognitive skills are just developing. can also help these seriously wounded ness program to include Head Start Research shows that Head Start is a soldiers. teachers. smart investment in our children’s fu- VSOs such as the Veterans of Foreign Nationwide, only 31 percent of Head ture. Wars, Disabled American Veterans, Start teachers have completed a bacca- For example, a 2003 Kindergarten Jewish War Veterans and so many oth- laureate or advanced degree program. Readiness: Head Start Success study of ers have emphasized the importance of In California, that number is even more than 600 graduates in San maintaining contact with seriously in- smaller: only 21 percent of Head Start Bernardino County, CA, demonstrated jured veterans who do not initially teachers have completed a bachelor’s that society receives nearly nine dol- apply for VA health care benefits be- degree. lars in benefits, i.e. increased earnings cause it may be many months or even To prepare Head Start children for and employment, for every one dollar years before they are prepared to apply elementary school, we must recruit invested in Head Start children. for them. highly qualified teachers who have That is why we must act now.

VerDate Aug 31 2005 00:33 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.046 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3139 Every teacher that the Head Start 1965, or meets the requirements of subsection (1) in the section heading, by striking program loses impacts the quality and (g)(3); and ‘‘PREGNANT AND POSTPARTUM WOMEN’’ and in- access to services for our Nation’s ‘‘(II) if employed as a Head Start teacher, serting ‘‘PREGNANT AND PARENTING WOMEN’’; neediest children, and ultimately can has demonstrated knowledge and teaching (2) in subsection (a)— skills in reading, writing, early childhood de- (A) in the matter preceding paragraph (1), impact their future success. velopment, and other areas of a preschool by striking ‘‘postpartum women treatment I urge my colleagues to join me and curriculum, with a focus on cognitive learn- for substance abuse’’ and inserting ‘‘par- Senator VOINOVICH in supporting this ing; and’’; enting women treatment for substance abuse important legislation. (B) in subsection (g), by adding at the end (including treatment for addiction to meth- I ask unanimous consent that the the following: amphetamine)’’; text of the legislation be printed in the ‘‘(4) HEAD START.—An individual shall be (B) in paragraph (1), by striking ‘‘reside RECORD. eligible for loan forgiveness under this sec- in’’ and inserting ‘‘reside in or receive out- There being no objection, the text of tion for service described in subclause (II) of patient treatment services from’’; and subsection (b)(l)(A)(i) only if such individual (C) in paragraph (2), by striking ‘‘reside the bill was ordered to be printed in received a baccalaureate or graduate degree with the women in’’ and inserting ‘‘reside the RECORD, as follows: on or after the date of enactment of the with the women in, or receive outpatient S. 883 Loan Forgiveness for Head Start Teachers treatment services from,’’; Be it enacted by the Senate and House of Rep- Act of 2007.’’; and (3) in subsection (d)(6), by inserting ‘‘, or resentatives of the United States of America in (C) by adding at the end the following: referrals for counseling,’’ after ‘‘Coun- Congress assembled, ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— seling’’; There are authorized to be appropriated such SECTION 1. LOAN FORGIVENESS FOR HEAD (4) in subsection (h)(1), by striking ‘‘preg- START TEACHERS. sums as may be necessary for fiscal year 2011 nant and postpartum women’’ and inserting and succeeding fiscal years to carry out loan (a) SHORT TITLE.—This section may be ‘‘pregnant and parenting women’’; cited as the ‘‘Loan Forgiveness for Head repayment under this section for service de- (5) by amending subsection (m) to read as scribed in subclause (II) of subsection Start Teachers Act of 2007’’. follows: (b)(1)(A)(i).’’. (b) HEAD START TEACHERS.—Section 428J of ‘‘(m) ALLOCATION OF AWARDS.—In making (d) CONFORMING AMENDMENTS.— the Higher Education Act of 1965 (20 U.S.C awards under subsection (a), the Director (1) FFEL PROGRAM.—Section 428J of the 1078–10) is amended— shall give priority to any entity that agrees Higher Education Act of 1965 (20 U.S.C. 1078– (1) in subsection (b), by striking paragraph to use the award for a program serving an 10) is amended— (1) and inserting the following: area that— (A) in subsection (c)(1), by inserting ‘‘or ‘‘(1)(A) has been employed— ‘‘(1) is a rural area, an area designated fifth complete program year’’ after ‘‘fifth ‘‘(i) as a full-time teacher for 5 consecutive under section 332 by the Administrator of complete school year of teaching’’; complete school years in a school that quali- the Health Resources and Services Adminis- (B) in subsection (f), by striking ‘‘sub- fies under section 465(a)(2)(A) for loan can- tration as a health professional shortage section (b)’’ and inserting ‘‘subsection cellation for Perkins loan recipients who area with a shortage of mental health profes- (b)(1)(A)(i)’’; teach in such a school; or sionals, or an area determined by the Direc- (C) in subsection (g)(1)(A), by striking ‘‘(ii) as a Head Start teacher for 5 consecu- tor to have a shortage of family-based sub- ‘‘subsection (b)(1)(A)’’ and inserting ‘‘sub- tive complete program years under the Head stance abuse treatment options; and section (b)(1)(A)(i)’’; and Start Act; and ‘‘(2) is determined by the Director to have (D) in subsection (h), by inserting ‘‘except ‘‘(B)(i) if employed as an elementary high rates of addiction to methamphetamine as part of the term ‘program year’,’’ before school or secondary school teacher, is highly or other drugs.’’; ‘‘where’’. qualified as defined in section 9101 of the Ele- (6) in subsection (p), by— (2) DIRECT LOAN PROGRAM.—Section 460 of mentary and Secondary Education Act of (A) striking ‘‘October 1, 1994’’ and inserting the Higher Education Act of 1965 (20 U.S.C. 1965, or meets the requirements of subsection ‘‘October 1, 2008’’; 1087j) is amended— (g)(3); and (B) striking ‘‘Committee on Labor and (A) in subsection (c)(1), by inserting ‘‘or ‘‘(ii) if employed as a Head Start teacher, Human Resources’’ and inserting ‘‘Com- fifth complete program year’’ after ‘‘fifth has demonstrated knowledge and teaching mittee on Health, Education, Labor, and complete school year of teaching’’; skills in reading, writing, early childhood de- Pensions’’; (B) in subsection (f), by striking ‘‘sub- velopment, and other areas of a preschool (C) inserting ‘‘In submitting reports under section (b)’’ and inserting ‘‘subsection curriculum, with a focus on cognitive learn- this subsection, the Director may use data (b)(1)(A)(i)(I)’’; ing; and’’; collected under this section or other provi- (C) in subsection (g)(1)(A), by striking (2) in subsection (g), by adding at the end sions of law.’’ after ‘‘biennial report under ‘‘subsection (b)(1)(A)’’ and inserting ‘‘sub- the following: section 501(k).’’; and section (b)(1)(A)(i)(I)’’; and ‘‘(4) HEAD START.—An individual shall be (D) striking ‘‘Each report under this sub- (D) in subsection (h), by inserting ‘‘except eligible for loan forgiveness under this sec- section shall include’’ and all that follows as part of the term ‘program year’,’’ before tion for service described in clause (ii) of and inserting ‘‘Each report under this sub- ‘‘where’’. subsection (b)(1)(A) only if such individual section shall, with respect to the period for which the report is prepared, include the fol- received a baccalaureate or graduate degree By Mr. DURBIN (for himself and on or after the date of enactment of the lowing: Mr. COLEMAN): Loan Forgiveness for Head Start Teachers ‘‘(1) A summary of any evaluations con- Act of 2007.’’; and S. 884. A bill to amend the Public ducted under subsection (o). (3) by adding at the end the following: Health Service Act regarding residen- ‘‘(2) Data on the number of pregnant and ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— tial treatment programs for pregnant parenting women in need of, but not receiv- There are authorized to be appropriated such and parenting women, a program to re- ing, treatment for substance abuse under sums as may be necessary for fiscal year 2011 duce substance abuse among non- programs carried out pursuant to this sec- and succeeding fiscal years to carry out loan violent offenders, and for other pur- tion. Such data shall include, but not be lim- repayment under this section for service de- poses; to the Committee on Health, ited to, the number of pregnant and par- scribed in clause (ii) of subsection (b)(1)(A).’’. Education, Labor, and Pensions. enting women in need of, but not receiving, (c) DIRECT STUDENT LOAN FORGIVENESS.— Mr. DURBIN. Mr. President, I ask treatment for methamphetamine abuse under such programs, disaggregated by State (1) IN GENERAL.—Section 460 of the Higher unanimous consent that the text of the Education Act of 1965 (20 U.S.C 1087j) is and tribe. amended— bill be printed in the RECORD. ‘‘(3) Data on recovery and relapse rates of (A) in subsection (b)(1), by striking sub- There being no objection, the text of women receiving treatment for substance paragraph (A) and inserting the following: the bill was ordered to be printed in abuse under programs carried out pursuant ‘‘(A)(i) has been employed— the RECORD, as follows: to this section, including data disaggregated ‘‘(I) as a full-time teacher for 5 consecutive S. 884 with respect to treatment for methamphet- complete school years in a school that quali- Be it enacted by the Senate and House of Rep- amine abuse.’’; fies under section 465(a)(2)(A) for loan can- resentatives of the United States of America in (7) by redesignating subsections (q) and (r) cellation for Perkins loan recipients who Congress assembled, as subsections (r) and (s), respectively; teach in such a school; or SECTION 1. SHORT TITLE. (8) by inserting after subsection (p) the fol- ‘‘(II) as a Head Start teacher for 5 consecu- This Act may be cited as the ‘‘Family- lowing: tive complete program years under the Head Based Meth Treatment Access Act of 2007’’. ‘‘(q) METHAMPHETAMINE ADDICTION.—In Start Act; and SEC. 2. RESIDENTIAL TREATMENT PROGRAMS carrying out this section, the Director shall ‘‘(ii)(I) if employed as an elementary FOR PREGNANT AND PARENTING expand, intensify, and coordinate efforts to school or secondary school teacher, is highly WOMEN. provide to pregnant and parenting women qualified as defined in section 9101 of the Ele- Section 508 of the Public Health Service treatment for methamphetamine addic- mentary and Secondary Education Act of Act (42 U.S.C. 290bb–1) is amended— tion.’’; and

VerDate Aug 31 2005 00:33 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.054 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3140 CONGRESSIONAL RECORD — SENATE March 14, 2007 (9) in subsection (s) (as so redesignated), by the Health Resources and Services Adminis- ter and the spirit of the Presidential striking ‘‘such sums as may be necessary to tration as a health professional shortage Records Act by creating a presumption fiscal years 2001 through 2003’’ and inserting area with a shortage of mental health profes- of nondisclosure, thus allowing the ‘‘$70,000,000 for each of fiscal years 2008 sionals, or an area determined by the Sec- White House to prevent the release of through 2012’’. retary to have a shortage of family-based records simply by inaction. SEC. 3. PROGRAM TO REDUCE SUBSTANCE substance abuse treatment options; and ABUSE AMONG NONVIOLENT OF- ‘‘(2) is determined by the Secretary to have The President’s order also limits FENDERS: FAMILY TREATMENT AL- high rates of addiction to methamphetamine what types of papers are available by TERNATIVES TO INCARCERATION. or other drugs. expanding the scope of executive privi- Title V of the Public Health Service Act ‘‘(e) DEFINITIONS.—In this section the lege into new areas—namely commu- (42 U.S.C. 290aa et seq.) is amended by insert- terms ‘family drug treatment’, ‘family treat- nications between the President and ing after section 509 the following: ment’, and ‘comprehensive, long-term family his advisors and legal advice given to ‘‘SEC. 510. PROGRAM TO REDUCE SUBSTANCE treatment’ describe programs that provide, ABUSE AMONG NONVIOLENT OF- the President. The order extends execu- or are able to provide referrals for, the fol- FENDERS: FAMILY TREATMENT AL- tive privilege to the records of the Vice TERNATIVES TO INCARCERATION. lowing services: Substance abuse treatment, children’s early intervention services, family President for the first time. Also, ‘‘(a) IN GENERAL.—The Secretary, acting former Presidents can now designate through the Administrator of the Substance counseling, legal services, medical care, Abuse and Mental Health Services Adminis- mental health services, nursery and pre- third parties, including family mem- tration, shall make awards of grants, cooper- school, parenting skills training, pediatric bers and Vice Presidents, to exercise ative agreements, or contracts to public and care, prenatal care, sexual abuse therapy, re- executive privilege on their behalf, nonprofit private entities for the purpose of lapse prevention, transportation, and job or meaning that Presidential papers could assisting local jails and detention facilities vocational training or general equivalency remain concealed many years after a in providing comprehensive, family-based diploma (GED) classes. President’s death. These expansions substance abuse treatment services (includ- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ing treatment for addiction to methamphet- For the purpose of carrying out this section, raise some serious constitutional ques- amine) to pregnant and parenting adults who there are authorized to be appropriated tions. Deleted sentence. My legislation are considered nonviolent offenders. $40,000,000 for each of fiscal years 2008, 2009, simply seeks to restore a presumption ‘‘(b) MINIMUM QUALIFICATIONS FOR NON- and 2010, and $50,000,000 for each of fiscal that Presidential records belong to the PROFIT PRIVATE ENTITIES.—An award may be years 2011 and 2012.’’. people of the United States and to cre- made under subsection (a) to an applicant ate a legitimate, streamlined means of that is a nonprofit private entity only if the By Mr. BINGAMAN (for himself Secretary determines that— carrying out this body’s wishes—mak- and Mr. LEAHY): ‘‘(1) the applicant has the capacity to pro- ing Presidential records available for vide the services described in subsection (a); S. 886. A bill toamend chapter 22 of examination by the public and by Con- and title 44, United States Code, popularly gress. ‘‘(2) the applicant meets all applicable known as the Presidential Records Act, The administration shouldn’t fear State licensor and certification require- to establish procedures for the consid- passage of this bill. Any documents ments regarding the provision of substance eration of claims of constitutionally that contain sensitive national secu- abuse treatment services. based privilege against disclosure of rity information would remain inacces- ‘‘(c) REQUIREMENTS APPLICABLE TO FAMILY Presidential records; to the Committee DRUG TREATMENT PROGRAM THAT ISANAL- sible, as would any documents per- on Homeland Security and Govern- TERNATIVE TO INCARCERATION.—A grant under taining to law enforcement or the de- this section may be used for a family drug mental Affairs. liberative process of the executive treatment program that is an alternative to Mr. BINGAMAN. Mr. President, I rise branch. Executive privilege for both incarceration only if the program complies today with my colleague from former and current Presidents would with the following: Vermont, Senator LEAHY, to introduce still apply to any papers the White ‘‘(1) The program is a comprehensive, long- a bill that would restore the American House designates. With these safe- term family treatment program focused on people’s access to Presidential papers. the treatment of the parent and child. guards in place, there is no reason to ‘‘(2) The program and its providers meet all This bill is the companion to H.R. 1255, further hinder access to documents applicable State licensor and certification which is sponsored by Representative that are in some cases more than 20 requirements regarding the provision of sub- HENRY WAXMAN, and was passed in the years old. stance abuse treatment services. House of Representatives with strong By not passing this bill, the Congress ‘‘(3) Each parent offender who participates bipartisan support. would greatly limit its own ability to in the program is sentenced to, or placed In 1978, this body passed the Presi- investigate previous administrations, with, a long-term family treatment program dential Records Act and declared that not to mention limit the ability of his- (which shall include a residential compo- a President’s papers were the property torians and other interested parties to nent). ‘‘(4) Each parent offender who participates of the people of the United States of research the past. Knowledge of the in the program serves a sentence with re- America and were to be administered past enriches and informs our under- spect to the underlying crime if that parent by the National Archives and Records standing of the present, and by lim- offender does not successfully complete Administration, or NARA. The Act pro- iting our access to these documents we treatment with the residential treatment vided that Presidential papers would be do both ourselves and future genera- provider. made available 12 years after a Presi- tions a great disservice. Numerous his- ‘‘(5) The program has mandatory periodic dent left office, allowing the former or torians, journalists, archivists and drug testing. The Secretary shall, by pre- incumbent President the right to claim other scholars have voiced their dis- scribing guidelines or regulations, specify standards for the timing and manner of com- executive privilege for particularly approval of Executive Order 13233 be- plying with such testing. The standards shall sensitive documents. In order to fulfill cause they understand how important ensure that— that mandate, President Reagan in 1989 access to Presidential papers can be to ‘‘(A) each individual participating in the signed Executive Order 12667, which accurately describing and learning program as an alternative to incarceration is gave the former or incumbent Presi- from past events. We here in the Con- tested for every controlled substance that dent 30 days to claim executive privi- gress cannot and should not surrender the participant has been known to abuse, lege. our ability to investigate previous and for any other controlled substance the However, in 2001, President Bush Presidential administrations because Secretary may require; and ‘‘(B) the testing is accurate and prac- issued Executive Order 13233, nullifying doing so would remove a vitally impor- ticable; and President Reagan’s order and imposing tant means of ensuring Presidential ‘‘(C) the drug testing regime is a factor in new regulations for obtaining Presi- accountbility. determinations of whether program partici- dential and Vice-Presidential docu- I believe it is time for these docu- pants successfully complete treatment. ments. President Bush’s new order ments to become part of the public ‘‘(d) ALLOCATION OF AWARDS.—In making greatly restricts access to Presidential record. I believe in open, honest, and awards under subsection (a), the Secretary papers by requiring that all requests accountable government, and I do not shall give priority to any entity that agrees to use the award for a program serving an for documents, no matter how innoc- believe in keeping secrets from the area that— uous, be approved by both the former American people. The Presidential ‘‘(1) is a rural area, an area designated President and current White House. In Records Act was one of this country’s under section 332 by the Administrator of this way the order goes against the let- most vital post-Watergate reforms and

VerDate Aug 31 2005 02:06 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.037 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3141 it remains vitally important today. In Archivist a statement that such an exten- S. 887. A bill to restore import and these times when trust in government sion is necessary to allow an adequate review entry agricultural inspection functions is slipping more and more every day, of the record. to the Department of Agriculture; to ‘‘(C) Notwithstanding subparagraphs (A) we need to send a statement to the and (B), if the period under subparagraph the Committee on Homeland Security American people that we here in Wash- (A), or any extension of that period under and Governmental Affairs. ington don’t need to hide from public subparagraph (B), would otherwise expire Mrs. FEINSTEIN. Mr. President, I scrutiny—that instead we welcome and after January 19 and before July 20 of the rise today to offer a bill with Senator encourage public scrutiny. This bill year in which the incumbent President first DURBIN to restore our Nation’s agricul- will send just such a message. takes office, then such period or extension, tural inspection functions to the De- Franklin Roosevelt commented on respectively, shall expire on July 20 of that partment of Agriculture. year. This bill would transfer the Agricul- the opening of his Presidential library ‘‘(b)(1) For purposes of this section, any in 1941: tural Quarantine Inspection Program— claim of constitutionally based privilege AQI—from the Department of Home- ‘‘To bring together the records of the against disclosure shall be asserted person- past and to house them in buildings ally by a former President or the incumbent land Security’s Customs and Border where they will be preserved for the President, as applicable. Protection back to the USDA’s Animal use of men and women in the future, a ‘‘(2) A former President or the incumbent and Plant Health Inspection Service— Nation must believe in three things. It President shall notify the Archivist, the (APHIS). Committee on Oversight and Government In 2003, as part of the Homeland Se- must believe in the past. I must believe Reform of the House of Representatives, and curity Act, agricultural inspections at in the future. It must, above all, be- the Committee on Homeland Security and all points of entry in the United States lieve in the capacity of its own people Governmental Affairs of the Senate of a were transferred from the USDA to privilege claim under paragraph (1) on the to learn from the past so that they can DHS. Four years later, it is clear that gain in judgment in creating their own same day that the claim is asserted under paragraph (1). fewer agricultural inspections are future.’’ being conducted at our borders and I believe that the American people ‘‘(c)(1) The Archivist shall not make publicly available a Presidential record that is ports. deserve and need access to Presidential subject to a privilege claim asserted by a I have heard this message loud and records. former President until the expiration of the clear from: California Secretary of Ag- I ask unanimous consent that the 20-day period (excluding Saturdays, Sundays, riculture A.G. Kawamura, California text of the bill be printed in the and legal public holidays) beginning on the Farm Bureau, the American Landscape RECORD. date the Archivist is notified of the claim. ‘‘(2) Upon the expiration of such period the and Nursery Association, the Cali- There being no objection, the text of fornia Agriculture Commissioners and the bill was ordered to be printed in Archivist shall make the record publicly available unless otherwise directed by a Sealers Association, the Nisei Farmers the RECORD, as follows: court order in an action initiated by the League, the Nature Conservancy, Envi- S. 886 former President under section 2204(e). ronmental Defense, National Wildlife Be it enacted by the Senate and House of Rep- ‘‘(d)(1) The Archivist shall not make pub- Federation, Union of Concerned Sci- resentatives of the United States of America in licly available a Presidential record that is entists, Defenders of Wildlife, and the Congress assembled, subject to a privilege claim asserted by the San Diego County Agriculture Com- SECTION 1. SHORT TITLE. incumbent President unless— ‘‘(A) the incumbent President withdraws missioner, the Contra Costa County This Act may be cited as the ‘‘Presidential Agriculture Commissioner, and many Records Act Amendments of 2007’’. the privilege claim; or ‘‘(B) the Archivist is otherwise directed by California farmers. SEC. 2. PROCEDURES FOR CONSIDERATION OF These groups have observed not only CLAIMS OF CONSTITUTIONALLY a final court order that is not subject to ap- BASED PRIVILEGE AGAINST DISCLO- peal. the decrease in the number of inspec- SURE. ‘‘(2) This subsection shall not apply with tions since the Agricultural Quar- (a) IN GENERAL.—Chapter 22 of title 44, respect to any Presidential record required antine Inspection Program was trans- United States Code, is amended by adding at to be made available under section 2205(2)(A) ferred to the Department of Homeland the end the following: or (C). Security—DHS—but also decreased ‘‘(e) The Archivist shall adjust any other- ‘‘§ 2208. Claims of constitutionally based wise applicable time period under this sec- communication between the program privilege against disclosure tion as necessary to comply with the return and State agricultural organizations. ‘‘(a)(1) When the Archivist determines date of any congressional subpoena, judicial Last year, the Government Account- under this chapter to make available to the subpoena, or judicial process.’’. ability Office produced a report that public any Presidential record that has not (b) RESTRICTIONS.—Section 2204 of title 44, highlighted the problems associated previously been made available to the public, United States Code (relating to restrictions with the transfer of the program from the Archivist shall— on access to presidential records) is amended the U.S. Department of Agriculture to ‘‘(A) promptly provide notice of such deter- by adding at the end the following: the Department of Homeland Security, mination to— ‘‘(f) The Archivist shall not make available ‘‘(i) the former President during whose any original presidential records to any indi- entitled ‘‘Homeland Security: Manage- term of office the record was created; and vidual claiming access to any presidential ment and Coordination Problems In- ‘‘(ii) the incumbent President; and record as a designated representative under crease the Vulnerability of U.S. Agri- ‘‘(B) make the notice available to the pub- section 2205(3) if that individual has been culture to Foreign Pests and Disease.’’ lic. convicted of a crime relating to the review, The GAO study found: ‘‘(2) The notice under paragraph (1)— retention, removal, or destruction of records The inspection rate at several key ‘‘(A) shall be in writing; and of the Archives.’’. American points of entry has signifi- ‘‘(B) shall include such information as may (c) CONFORMING AMENDMENTS.—(1) Section cantly decreased. Inspections decreased be prescribed in regulations issued by the Ar- 2204(d) of title 44, United States Code, is in Miami by 12.7 percent, in Boston by chivist. amended by inserting ‘‘, except section 2208,’’ ‘‘(3)(A) Upon the expiration of the 20-day after ‘‘chapter’’. 17.9 percent, and San Francisco by 21.4 period (excepting Saturdays, Sundays, and (2) Section 2207 of title 44, United States percent. legal public holidays) beginning on the date Code, is amended in the second sentence by Sixty percent of agricultural inspec- the Archivist provides notice under para- inserting ‘‘, except section 2208,’’ after tion specialists believed they were graph (1)(A), the Archivist shall make avail- ‘‘chapter’’. doing either ‘‘somewhat’’ or ‘‘many able to the public the record covered by the (d) CLERICAL AMENDMENT.—The table of fewer’’ inspections since the transfer. notice, except any record (or reasonably seg- sections at the beginning of chapter 22 of Sixty-three percent of survey re- regable part of a record) with respect to title 44, United States Code, is amended by spondents did not believe that their adding at the end the following: which the Archivist receives from a former port had enough agriculture specialists President or the incumbent President notifi- ‘‘2208. Claims of constitutionally based privilege against disclosure.’’. to carry out agriculture duties. cation of a claim of constitutionally based Lastly, 64 percent of the agriculture privilege against disclosure under subsection SEC. 3. EXECUTIVE ORDER OF NOVEMBER 1, 2001. (b). Executive Order number 13233, dated No- specialists reported that their work ‘‘(B) A former President or the incumbent vember 1, 2001 (66 Fed. Reg. 56025), shall have was not respected by Customs and Bor- President may extend the period under sub- no force or effect. der Patrol. paragraph (A) once for not more than 20 ad- These statistics are deplorable. ditional days (excepting Saturdays, Sundays, By Mrs. FEINSTEIN (for herself The failure to protect our borders and legal public holidays) by filing with the and Mr. DURBIN): from the invasion of agricultural pests

VerDate Aug 31 2005 03:54 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.039 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3142 CONGRESSIONAL RECORD — SENATE March 14, 2007 places our farmlands and forests at no known natural predator in the Department of Homeland Security to carry great risk of infestation. United States. The beetle has the po- out authorities delegated to the Animal and USDA estimates nationally that ag- tential to destroy millions of acres of Plant Health Inspection Service regarding ricultural pests cost the American ag- America’s hardwood forests and indus- the protection of domestic livestock and plants. ricultural industry an annual loss of tries such as lumber, maple syrup, (d) RESTORATION OF DEPARTMENT OF AGRI- about $41 billion. nursery, and tourism accumulating CULTURE EMPLOYEES.—Not later than the ef- In California alone, pest infestations over $41 billion in losses. The beetle fective date described in subsection (e), all cost my State’s farmers about $3 bil- has spread to New York, New Jersey, full-time equivalent positions of the Depart- lion. This amount includes crops lost Illinois, and California. ment of Agriculture transferred to the De- in the quarantine, and the cost of In the summer of 2002, scientists department of Homeland Security under sec- measures taken to control and eradi- tected a new exotic insect in Michigan, tion 421(g) of the Homeland Security Act of cate pest outbreaks. the emerald ash borer. This insect is an 2002 (6 U.S.C. 231(g)) (as in effect on the day The farmers in my State continue to invasive species originally from Asia. before the effective date described in sub- battle against serious agricultural section (g)) shall be restored to the Depart- To date, it has killed or damaged mil- ment of Agriculture. pests, such as the glassy-winged sharp- lions of ash trees in Michigan. It has (e) AUTHORITY OF APHIS.— shooter, the Asian long-horned beetle, been detected in Ohio, Indiana, Mary- (1) ESTABLISHMENT OF PROGRAM.—The Sec- the Mediterranean fruit fly, and many land, Ohio, Illinois, and in Ontario, retary of Agriculture shall establish within others. Canada. the Animal and Plant Health Inspection During the time that DHS has been The National Association of State Service a program, to be known as the in charge of agriculture inspections, Departments of Agriculture—NASDA— ‘‘International Agricultural Inspection Pro- Fresno County experienced its first recognizes the impending danger and gram’’, under which the Administrator of the fruit fly outbreak, quarantine, and has first-hand experience of how in- Animal and Plant Health Inspection Service eradication. (referred to in this subsection as the ‘‘Ad- spections have changed since the DHS ministrator’’) shall carry out import and According to the Fresno County De- takeover. entry agricultural inspections. partment of Agriculture, a 105-square- NASDA recently announced that one (2) INFORMATION GATHERING AND INSPEC- mile area had to be quarantined due to of its key recommendations is to reas- TIONS.—In carrying out the program under an outbreak of the peach fruit fly. The sign cargo inspection from DHS to paragraph (1), the Administrator shall have pest is indigenous to Asia, and is be- USDA’s Animal and Plant Health In- full access to— lieved to have entered the country on spection Service—APHIS. (A) each secure area of any terminal for smuggled fruit carried by an airline NASDA explains: APHIS has ‘‘the ex- screening passengers or cargo under the con- passenger. The eradication effort cost pertise and communication system to trol of the Department of Homeland Security on the day before the date of enactment of approximately $1 million. carry out a focused and effective agri- this Act for purposes of carrying out inspec- The interception of pests at inspec- cultural safeguarding effort at our bor- tions and gathering information; and tion points, coupled with the elimi- ders.’’ (B) each database (including any database nation and eradication of pest out- Our Nation’s agriculture is too im- relating to cargo manifests or employee and breaks, is a top priority for California portant to leave open to the risk of in- business records) under the control of the agriculture organizations. And these vasion of agricultural pests. I urge my Department of Homeland Security on the groups have asked for help in improv- colleagues to join me in supporting day before the date of enactment of this Act ing the agricultural inspection process. this bill. for purposes of gathering information. But this is not just a California prob- Let us reprioritize the plant and ani- (3) INSPECTION ALERTS.—The Administrator may issue inspection alerts, including by in- lem. Farmers and foresters from every mal border inspections and strengthen dicating cargo to be held for immediate in- corner of our country have faced the the anti-terrorism mission of DHS by spection. imposing threat of a foreign agri- returning the Agricultural Quarantine (4) INSPECTION USER FEES.—The Adminis- culture pest invasion. Inspections to its logical place, the trator may, as applicable— Here are just a few examples of the United States Department of Agri- (A) continue to collect any agricultural pests that threaten our Nation: culture. quarantine inspection user fee; and The glassy-winged sharpshooter is a I ask unanimous consent that the (B) administer any reserve account for the devastating new pest for California. text of the legislation be printed in the fees. (5) CAREER TRACK PROGRAM.— Since its migration into California in RECORD. (A) IN GENERAL.—The Administrator shall 1990 from the southeastern United There being no objection, the text of establish a program, to be known as the ‘‘im- States, the glassy-winged sharpshooter the bill was ordered to be printed in port and entry agriculture inspector career population there has ballooned the RECORD, as follows: track program’’, to support the development throughout southern California. This S. 887 of long-term career professionals with exper- pest transmits Pierce’s disease, which Be it enacted by the Senate and House of Rep- tise in import and entry agriculture inspec- threatens 450,000-plus acres of resentatives of the United States of America in tion. winegrapes, more than 330,000 acres of Congress assembled, (B) STRATEGIC PLAN AND TRAINING.—In carrying out the program under this paragraph, raisin and table grapevines, a crop pro- SECTION 1. RESTORATION OF IMPORT AND the Administrator, in coordination with the duction of $4 billion and associated ENTRY AGRICULTURAL INSPECTION FUNCTIONS TO THE DEPARTMENT Secretary of Agriculture, shall— economic activity of $45 billion. There OF AGRICULTURE. (i) develop a strategic plan to incorporate is no known cure for Pierce’s disease. (a) REPEAL OF TRANSFER OF FUNCTIONS.— import and entry agricultural inspectors The glassy-winged sharpshooter also Section 421 of the Homeland Security Act of into the infrastructure protecting food, fiber, threatens crops such as almonds, cit- 2002 (6 U.S.C. 231) is repealed. forests, bioenergy, and the environment of rus, and peaches as well as native (b) CONFORMING AMENDMENT TO FUNCTION the United States from animal and plant plants, shrubs, and trees. OF SECRETARY OF HOMELAND SECURITY.—Sec- pests, diseases, and noxious weeds; and Citrus canker is believed to have tion 402 of the Homeland Security Act of 2002 (ii) as part of the plan under clause (i), provide training for import and entry agricul- originated in Southeast Asia and was (6 U.S.C. 202) is amended— (1) by striking paragraph (7); and tural inspectors participating in the program discovered in Florida in 1995. It causes (2) by redesignating paragraph (8) as para- not less frequently than once each year to lesions on the leaves, stems, and fruit graph (7). improve inspection skills of citrus trees, causes leaves and fruit (c) TRANSFER AGREEMENT.— (f) DUTIES OF SECRETARY.— to drop prematurely, and makes fruit (1) IN GENERAL.—Not later than the effec- (1) IN GENERAL.—The Secretary of Agri- too unsightly to be sold. The Federal tive date described in subsection (g), the Sec- culture (referred to in this subsection as the Government has spent $378 million for retary of Agriculture and the Secretary of ‘‘Secretary’’) shall— eradication, with little results. Homeland Security shall enter into an agree- (A) develop standard operating procedures The Asian long-horned beetle was in- ment to effectuate the return of functions for inspection, monitoring, and auditing re- required by the amendments made by this lating to import and entry agricultural introduced to the United States in Au- section. spections, in accordance with recommenda- gust 1996 inside solid wood packing ma- (2) USE OF CERTAIN EMPLOYEES.—The agree- tions from the Comptroller General of the terial from China. The beetle is a seri- ment may include authority for the Sec- United States and reports of interagency ad- ous threat to hardwood trees and has retary of Agriculture to use employees of the visory groups, as applicable; and

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(B) ensure that the Animal and Plant Whereas more than 75 percent of those S. RES. 106 Health Inspection Service has a national deaths occurred in off-campus occupancies; Whereas the Armenian Genocide was con- electronic system with real-time tracking Whereas a majority of the students in the ceived and carried out by the Ottoman Em- capability for monitoring, tracking, and re- United States live in off-campus occupan- pire from 1915 to 1923, resulting in the depor- porting inspection activities of the Service. cies; tation of nearly 2,000,000 Armenians, of (2) FEDERAL AND STATE COOPERATION.— Whereas a number of fatal fires have oc- whom 1,500,000 men, women, and children (A) COMMUNICATION SYSTEM.—The Sec- curred in buildings in which the fire safety were killed, 500,000 survivors were expelled retary shall develop and maintain an inte- systems have been compromised or disabled from their homes, and which succeeded in grated, real-time communication system by the occupants; the elimination of more than 2,500-year pres- with respect to import and entry agricul- Whereas automatic fire alarm systems pro- ence of Armenians in their historic home- tural inspections to alert State departments vide the early warning of a fire that is nec- land; of agriculture of significant inspection find- essary for occupants and the fire department Whereas, on May 24, 1915, the Allied Powers ings of the Animal and Plant Health Inspec- to take appropriate action; issued the joint statement of England, tion Service. Whereas automatic fire sprinkler systems France, and Russia that explicitly charged, (B) ADVISORY COMMITTEE.— are a highly effective method for controlling for the first time ever, another government (i) ESTABLISHMENT.—The Secretary shall or extinguishing a fire in its early stages and establish a committee, to be known as the protecting the lives of the building’s occu- of committing ‘‘a crime against humanity’’; ‘‘International Trade Inspection Advisory pants; Whereas that joint statement stated ‘‘the Committee’’ (referred to in this subpara- Whereas many students are living in off- Allied Governments announce publicly to graph as the ‘‘committee’’), to advise the campus occupancies, sorority and fraternity the Sublime Porte that they will hold per- Secretary on policies and other issues relat- housing, and residence halls that are not sonally responsible for these crimes all mem- ing to import and entry agricultural inspec- adequately protected with automatic fire bers of the Ottoman Government, as well as tion. alarm systems and automatic fire sprinkler those of their agents who are implicated in (ii) MODEL.—In establishing the com- systems; such massacres’’; mittee, the Secretary shall use as a model Whereas fire safety education is an effec- Whereas the post-World War I Turkish the Agricultural Trade Advisory Committee. tive method of reducing the occurrence of Government indicted the top leaders in- (iii) MEMBERSHIP.—The committee shall be fires and the resulting loss of life and prop- volved in the ‘‘organization and execution’’ composed of members representing— erty damage; of the Armenian Genocide and in the ‘‘mas- (I) State departments of agriculture; Whereas students are not routinely receiv- sacre and destruction of the Armenians’’; (II) directors of ports and airports in the ing effective fire safety education through- Whereas in a series of courts-martial, offi- United States; out their entire college careers; cials of the Young Turk Regime were tried (III) the transportation industry; Whereas it is vital to educate future gen- and convicted on charges of organizing and (IV) the public; and erations in the United States about the im- executing massacres against the Armenian (V) such other entities as the Secretary de- portance of fire safety to help ensure the people; termines to be appropriate. safety of young people during their college Whereas the officials who were the chief (3) REPORT.—Not less frequently than once years and beyond; and organizers of the Armenian Genocide, Min- each year, the Secretary shall submit to Whereas by educating a generation of ister of War Enver, Minister of the Interior Congress a report containing an assessment adults about fire safety, future loss of life Talaat, and Minister of the Navy Jemal, of— from fires may be significantly reduced: were tried by military tribunals, found (A) the resource needs for import and entry Now, therefore, be it guilty, and condemned to death for their agricultural inspection, including the num- Resolved, That the Senate— crimes, but the punishments imposed by the ber of inspectors required; (1) designates September 2007 as ‘‘Campus tribunals were not enforced; (B) the adequacy of— Fire Safety Month’’; and Whereas the Armenian Genocide and the (i) inspection and monitoring procedures (2) encourages administrators of institu- failure to carry out the death sentence and facilities in the United States; and tions of higher education and municipali- against Enver, Talaat, and Jemal are docu- (ii) the strategic plan developed under sub- ties— mented with overwhelming evidence in the section (e)(5)(B)(i); and (A) to provide educational programs about national archives of Austria, France, Ger- (C) new and potential technologies and fire safety to all students during ‘‘Campus many, Russia, the United Kingdom, the practices, including recommendations re- Fire Safety Month’’ and throughout the United States, the Vatican, and many other garding the technologies and practices, to school year; countries, and this vast body of evidence at- improve import and entry agricultural in- (B) to evaluate the level of fire safety tests to the same facts, the same events, and spection. being provided in both on- and off-campus the same consequences; (4) FUNDING.—The Secretary shall pay the student housing; and Whereas the National Archives and costs of each import and entry agricultural (C) to take the necessary steps to ensure Records Administration of the United States inspector employed by the Animal and Plant fire-safe living environments through fire Health Inspection Service— holds extensive and thorough documentation safety education, installation of fire suppres- on the Armenian Genocide, especially in its (A) from amounts made available to the sion and detection systems, and the develop- Department of Agriculture for the applicable holdings for the Department of State under ment and enforcement of applicable codes re- Record Group 59, files 867.00 and 867.40, which fiscal year; or lating to fire safety. (B) if amounts described in subparagraph are open and widely available to the public (A) are unavailable, from amounts of the f and interested institutions; Commodity Credit Corporation. SENATE RESOLUTION 106—CALL- Whereas the Honorable Henry Morgenthau, (g) EFFECTIVE DATE.—The amendments ING ON THE PRESIDENT TO EN- United States Ambassador to the Ottoman Empire from 1913 to 1916, organized and led made by this section take effect on the date SURE THAT THE FOREIGN POL- that is 180 days after the date of enactment protests by officials of many countries, of this Act. ICY OF THE UNITED STATES RE- among them the allies of the Ottoman Em- FLECTS APPROPRIATE UNDER- f pire, against the Armenian Genocide; STANDING AND SENSITIVITY Whereas Ambassador Morgenthau explic- SUBMITTED RESOLUTIONS CONCERNING ISSUES RELATED itly described to the Department of State TO HUMAN RIGHTS, ETHNIC the policy of the Government of the Ottoman CLEANSING, AND GENOCIDE DOC- Empire as ‘‘a campaign of race extermi- SENATE RESOLUTION 105—DESIG- UMENTED IN THE UNITED nation’’, and was instructed on July 16, 1915, NATING SEPTEMBER 2007 AS STATES RECORD RELATING TO by Secretary of State Robert Lansing that ‘‘CAMPUS FIRE SAFETY MONTH’’ the ‘‘Department approves your procedure THE ARMENIAN GENOCIDE Mr. BIDEN (for himself, Ms. COLLINS, . . . to stop Armenian persecution’’; Mr. DURBIN (for himself, Mr. EN- Whereas Senate Concurrent Resolution 12, Mr. KENNEDY, Mr. LAUTENBERG, and SIGN, Mr. SCHUMER, Ms. SNOWE, Ms. 64th Congress, agreed to July 18, 1916, re- Mr. MENENDEZ) submitted the fol- STABENOW, Mr. COLEMAN, Mrs. BOXER, solved that ‘‘the President of the United lowing resolution; which was referred States be respectfully asked to designate a to the Committee on the Judiciary: Mr. SUNUNU, Mr. FEINGOLD, Mr. DODD, Mr. KERRY, Mr. KENNEDY, Mr. day on which the citizens of this country S. RES. 105 may give expression to their sympathy by LIEBERMAN, Mrs. FEINSTEIN, Ms. MIKUL- Whereas tragic fires in student housing in contributing funds now being raised for the SKI, Mr. REED, Mr. ALLARD, Mrs. DOLE, Nebraska, Missouri, Oklahoma, and Pennsyl- relief of the Armenians,’’ who, at that time, vania have cut short the lives of college stu- Mr. LAUTENBERG, Mr. BROWN, Ms. were enduring ‘‘starvation, disease, and un- dents in the United States; KLOBUCHAR, Mr. WHITEHOUSE, and Mr. told suffering’’; Whereas, since January 2000, at least 99 MENENDEZ) submitted the following Whereas President Woodrow Wilson agreed people, including students, parents, and chil- resolution; which was referred to the with such Concurrent Resolution and en- dren, have died in campus-related fires; Committee on Foreign Relations: couraged the formation of the organization

VerDate Aug 31 2005 00:33 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.040 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3144 CONGRESSIONAL RECORD — SENATE March 14, 2007 known as Near East Relief, which was incor- too many other people—the lessons of the why similar genocides have recurred and porated by the Act of August 6, 1919, 66th Holocaust must never be forgotten’’; may recur in the future, and that a just reso- Congress (41 Stat. 273, chapter 32); Whereas House Joint Resolution 247, 98th lution will help prevent future genocides: Whereas, from 1915 through 1930, Near East Congress, adopted by the House of Rep- Now, therefore, be it Relief contributed approximately $116,000,000 resentatives on September 10, 1984, resolved Resolved, That the Senate— to aid survivors of the Armenian Genocide, that ‘‘April 24, 1985, is hereby designated as (1) calls on the President to ensure that including aid to approximately 132,000 Arme- ‘National Day of Remembrance of Man’s In- the foreign policy of the United States re- nian orphans; humanity to Man’, and the President of the flects appropriate understanding and sensi- Whereas Senate Resolution 359, 66th Con- United States is authorized and requested to tivity concerning issues related to human gress, agreed to May 11, 1920, stated in part issue a proclamation calling upon the people rights, ethnic cleansing, and genocide docu- that ‘‘the testimony adduced at the hearings of the United States to observe such day as mented in the United States record relating conducted by the subcommittee of the Sen- a day of remembrance for all the victims of to the Armenian Genocide and the con- ate Committee on Foreign Relations have genocide, especially the one and one-half sequences of the failure to realize a just reso- clearly established the truth of the reported million people of Armenian ancestry’’; lution; and massacres and other atrocities from which Whereas, in August 1985, after extensive (2) calls on the President, in the Presi- the Armenian people have suffered’’; study and deliberation, the United Nations dent’s annual message commemorating the Whereas such Senate Resolution followed Sub-Commission on Prevention of Discrimi- Armenian Genocide issued on or about April the report to the Senate of the American nation and Protection of Minorities voted 14 24 to accurately characterize the systematic Military Mission to Armenia, which was led to 1 to accept a report entitled ‘‘Study of the and deliberate annihilation of 1,500,000 Arme- by General James Harbord, dated April 13, Question of the Prevention and Punishment nians as genocide and to recall the proud his- 1920, that stated ‘‘[m]utilation, violation, of the Crime of Genocide’’, which stated tory of United States intervention in opposi- torture, and death have left their haunting ‘‘[t]he Nazi aberration has unfortunately not tion to the Armenian Genocide. memories in a hundred beautiful Armenian been the only case of genocide in the 20th valleys, and the traveler in that region is century. Among other examples which can Mr. DURBIN. Mr. President, I rise seldom free from the evidence of this most be cited as qualifying are . . . the Ottoman today to submit a resolution calling on colossal crime of all the ages’’; massacre of Armenians in 1915–1916’’; the President to ensure that the for- Whereas, as displayed in the United States Whereas such report also explained that eign policy of the United States re- Holocaust Memorial Museum, Adolf Hitler, ‘‘[a]t least 1,000,000, and possibly well over flects an appropriate understanding of on ordering his military commanders to at- half of the Armenian population, are reliably the Armenian Genocide and sensitivity tack Poland without provocation in 1939, dis- estimated to have been killed or death concerning issues related to human missed objections by saying ‘‘[w]ho, after all, marched by independent authorities and eye- speaks today of the annihilation of the Ar- witnesses and this is corroborated by reports rights, ethnic cleansing, and other menians?’’ and thus set the stage for the Hol- in United States, German, and British ar- mass atrocities that made up the Ar- ocaust; chives and of contemporary diplomats in the menian Genocide. Whereas Raphael Lemkin, who coined the Ottoman Empire, including those of its ally The President usually issues an an- term ‘‘genocide’’ in 1944, and who was the Germany’’; nual message commemorating the Ar- earliest proponent of the Convention on the Whereas the United States Holocaust Me- menian Genocide issued on or about Prevention and Punishment of Genocide, in- morial Council, an independent Federal April 24. This resolution calls on the voked the Armenian case as a definitive ex- agency that serves as the board of trustees of President to accurately characterize ample of genocide in the 20th century; the United States Holocaust Memorial Mu- Whereas the first resolution on genocide seum pursuant to section 2302 of title 36, what happened to the Armenian people adopted by the United Nations, United Na- United States Code, unanimously resolved on as genocide and to recall the proud his- tions General Assembly Resolution 96(1), April 30, 1981, that the Museum would ex- tory of United States intervention in dated December 11, 1946, (which was adopted hibit information regarding the Armenian opposition to it. at the urging of Raphael Lemkin), and the Genocide and the Museum has since done so; The definition of ‘‘genocide’’ is ‘‘the Convention on the Prevention and Punish- Whereas, reviewing an aberrant 1982 ex- deliberate and systematic extermi- ment of Genocide, done at Paris December 9, pression by the Department of State (which nation of a national, racial, political, 1948, recognized the Armenian Genocide as was later retracted) that asserted that the the type of crime the United Nations in- facts of the Armenian Genocide may be am- or cultural group.’’ tended to prevent and punish by codifying biguous, the United States Court of Appeals Scholars agree that what the Arme- existing standards; for the District of Columbia in 1993, after a nian people suffered in 1915 to 1917 fits Whereas, in 1948, the United Nations War review of documents pertaining to the policy the definition of genocide. Crimes Commission invoked the Armenian record of the United States, noted that the The sheer scale of the death toll is Genocide as ‘‘precisely . . . one of the types assertion on ambiguity in the United States evidence of a systematic, organized of acts which the modern term ‘crimes record about the Armenian Genocide ‘‘con- plan to eliminate the Armenians. One against humanity’ is intended to cover’’ and tradicted longstanding United States policy and a half million people were system- as a precedent for the Nuremberg tribunals; and was eventually retracted’’; Whereas the Commission stated that ‘‘[t]he Whereas, on June 5, 1996, the House of Rep- atically and deliberately annihilated, provisions of Article 230 of the Peace Treaty resentatives adopted an amendment to H.R. many simply left to die of starvation of Sevres were obviously intended to cover, 3540, 104th Congress (the Foreign Operations, and exposure. in conformity with the Allied note of 1915 Export Financing, and Related Programs Ap- To date, 19 countries and the Euro- . . . offenses which had been committed on propriations Act, 1997), to reduce aid to Tur- pean Parliament have officially recog- Turkish territory against persons of Turkish key by $3,000,000 (an estimate of its payment nized this violence as genocide. Coun- citizenship, though of Armenian or Greek of lobbying fees in the United States) until tries officially recognizing the Arme- race. This article constitutes therefore a the Government of Turkey acknowledged the nian Genocide include: Argentina, Ar- precedent for Article 6c and 5c of the Nurem- Armenian Genocide and took steps to honor berg and Tokyo Charters, and offers an ex- the memory of its victims; menia, Belgium, Canada, Cyprus, ample of one of the categories of ‘crimes Whereas President William Jefferson Clin- France, Greece, Italy, Lebanon, Lith- against humanity’ as understood by these ton, on April 24, 1998, stated, ‘‘This year, as uania, The Netherlands, Poland, Rus- enactments’’; in the past, we join with Armenian-Ameri- sia, Slovakia, Sweden, Switzerland, Whereas House Joint Resolution 148, 94th cans throughout the nation in commemo- Uruguay, Vatican City and Venezuela. Congress, adopted by the House of Rep- rating one of the saddest chapters in the his- Thirty-seven States of the United resentatives on April 8, 1975, resolved that tory of this century, the deportations and States recognize the Armenian Geno- ‘‘April 24, 1975, is hereby designated as ‘Na- massacres of a million and a half Armenians cide. They are: Alaska, Arizona, Ar- tional Day of Remembrance of Man’s Inhu- in the Ottoman Empire in the years 1915– manity to Man’, and the President of the 1923’’; kansas, California, Colorado, Con- United States is authorized and requested to Whereas President George W. Bush, on necticut, Delaware, Florida, Georgia, issue a proclamation calling upon the people April 24, 2004, stated, ‘‘On this day, we pause Idaho, Illinois, Kansas, Louisiana, of the United States to observe such day as in remembrance of one of the most horrible Maine, Maryland, Massachusetts, a day of remembrance for all the victims of tragedies of the 20th century, the annihila- Michigan, Minnesota, Missouri, Mon- genocide, especially those of Armenian an- tion of as many as 1,500,000 Armenians tana, Nebraska, Nevada, New Hamp- cestry’’; through forced exile and murder at the end shire, New Jersey, New Mexico, New Whereas Proclamation 4838 of April 22, 1981 of the Ottoman Empire’’; and York, North Carolina, Oklahoma, Or- (95 Stat. 1813) issued by President Ronald Whereas, despite the international recogni- Reagan, stated, in part, that ‘‘[l]ike the tion and affirmation of the Armenian Geno- egon, Pennsylvania, Rhode Island, genocide of the Armenians before it, and the cide, the failure of the domestic and inter- South Carolina, Tennessee, Utah, genocide of the Cambodians which followed national authorities to punish those respon- Vermont, Virginia, Washington and it—and like too many other persecutions of sible for the Armenian Genocide is a reason Wisconsin.

VerDate Aug 31 2005 02:06 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A14MR6.044 S14MRPT1 bajohnson on PROD1PC60 with SENATE March 14, 2007 CONGRESSIONAL RECORD — SENATE S3145 Genocide is wrong. It is evil. to die of thirst and hunger. Large num- ment in a systematic campaign of mur- It is evil whether its victims are Ar- bers of Armenians were methodically der, deportation, and forced starvation. menians, Sudanese, Rwandan Tutsis, massacred throughout the Ottoman Ninety-two years later, nearly all of Cambodians or European Jews. Empire. Women and children were ab- the survivors are no longer with us. Not to acknowledge genocide for ducted and horribly abused. Yet their solemn voices still echo, urg- what it is denigrates the memory of its There is one word that describes the ing us to remember them and work to victims. horrific attempt to annihilate the Ar- ensure that their suffering was not in Recognition of genocide is part of the menian people, and it is genocide. Iron- vain. healing process. ically, while the United States has In my 15 years in the U.S. Senate, I Reminding the world that genocide failed to make that recognition, Adolf have received thousands of letters from has occurred far too often serves to Hitler, in defending his own plans to members of the Armenian-American help prevent it from happening again. rid the world of Polish people, among community in my home State of Cali- Recognizing the Armenian Genocide others, asked, ‘‘Who, after all, speaks fornia, encouraging our government to takes on added importance in the face to-day of the annihilation of the Arme- recognize the Armenian Genocide. of the genocide occurring right now in nians?’’ Many of them are descendants of the the Darfur region of Sudan. The resolution I introduce today, genocide’s survivors, who immigrated As we recognize the role Americans with my distinguished colleague Sen- to the United States and, over the played in exposing the Armenian Geno- ator DURBIN, calls on President Bush to course of a few decades, built a strong cide and trying to relieve the suffering ensure that the foreign policy of the and vibrant community in California of the Armenian people, we remind our- United States demonstrates significant and elsewhere. selves that it is our tradition to speak understanding of the issues sur- For the genocide’s victims, there can out and do something. rounding the Armenian Genocide. The be no justice. But by preserving and During the Armenia Genocide, Amer- resolution encourages the President to cherishing their memory, we can begin ican consuls and missionaries, in what commemorate the Armenian Genocide healing the wounds that still linger. The recent murder of Hrant Dink, a was then the Ottoman Empire, re- by recognizing the persecution and ex- Turkish-Armenian journalist who ported the atrocities which were tak- termination of over 1,500,000 Armenian championed human rights and advo- ing place far from the capital in citizens as genocide. cated Turkish recognition of the Arme- Istanbul. Our ambassador, Henry The resolution calls on the President nian Genocide, serves as a chilling re- Morganthau Sr., confronted the Otto- to state that the slaughter of Arme- minder of the dangers that loom in our man government with the accusations. nians by the Ottoman Empire was silence. An open, informed, and toler- Ambassador Morganthau wrote in his genocide and to recall the proud his- ant discussion of the genocide is nec- memoirs: tory of United States intervention in essary for true and lasting reconcili- Whatever crimes the most perverted in- opposition to the Armenian genocide. ation between present-day Turkey and stincts of the human mind can devise, and It is important that the United States whatever refinements of persecution and in- the Armenian people. once and for all reaffirms the incon- Equally important, recalling the Ar- justice the most debased imagination can testable facts of history and allows our conceive, became the daily misfortunes of menian Genocide is essential to the this devoted people. I am confident that the representatives to speak out about the prevention of ongoing and future atroc- whole history of the human race contains no crimes perpetuated against the Arme- ities, including the genocide in Darfur. such horrible episode as this. The great mas- nian people from 1915–1923. By taking an unequivocal stance sacres and persecutions of the past seem al- It is my hope that through recogni- against genocide—regardless of where most insignificant when compared with the tion of these crimes our Nation and the or when it occurs—we and other mem- sufferings of the Armenian race in 1915. entire world community will be able to bers of the international community The American Near East Relief Com- prevent further instances of genocide, will send a strong message that such mittee, a relief organization for refu- ameliorate relations between Turkey atrocities will not be tolerated. Let us gees in the Middle East, raised over and Armenia, and increase awareness remember Adolf Hitler’s ominous $102 million for Armenians both during of issues such as ethnic cleansing and words on the eve of the 1939 Nazi inva- and after the genocide. human rights around the globe. sion of Poland: ‘‘Who, after all, speaks As we fight to ensure freedom around As I have said in this Chamber be- today of the annihilation of the Arme- the globe, we must ensure that our fu- fore, the response to the atrocities was nians?’’ the birth of the American inter- ture reflects the lessons of the past. In So today, let us speak loudly. Let us national human rights movement. this case the facts are incontestable. join the hundreds of thousands of Ar- Official recognition of the role Amer- Yes, the Armenian people were victims menian Americans in my home State icans played in confronting the Arme- of genocide. Genocide at any time, at of California and across the United nian Genocide over 90 years ago will re- any place, is wrong and needs to be States, as well as millions of people affirm our tradition of protecting the confronted and remembered. Let us around the world, in acknowledging vulnerable and inspire us to not stand come together to remember that by and commemorating the Armenian by and watch as genocide occurs in our recognizing that what happened to the Genocide. Let us ensure that the leg- time. Armenian people from 1915–1923 was acy of these atrocities is one of rec- Mr. ENSIGN. Mr. President, I rise genocide. We owe it to the victims and onciliation and hope. And let us fulfill today to speak about an issue of great to the future of freedom. the promises our parents made us, and importance to the Armenian commu- Mrs. FEINSTEIN. Mr. President, as we made to our children: never again. nity. In order to move forward, we we approach the 92nd anniversary of must not repeat the mistakes of the the Armenian Genocide, I rise today in f past. It is for this reason that I have support of a resolution introduced by SENATE CONCURRENT RESOLU- long sought to bring proper recognition Senator RICHARD DURBIN, calling on TION 19—EXPRESSING THE to the crimes perpetuated against the the President to recognize the Arme- SENSE OF CONGRESS ON THE Armenian people. nian Genocide. NUCLEAR PROGRAM OF IRAN April of this year will mark the 92nd Specifically, this resolution would: Mr. GRAHAM (for himself and Mr. anniversary of the attempted annihila- encourage the President to incorporate BROWNBACK) submitted the following tion that occurred in the Ottoman Em- the memory and lessons of the Arme- concurrent resolution; which was re- pire from 1915–1923. Millions of Arme- nian Genocide into the foreign policies ferred to the Committee on Foreign nians of all ages were subjected to de- of the United States, and; urge the Relations: portation, expropriation, abduction, President to accurately portray this S. CON. RES. 19 torture, massacre, and starvation. terrible episode as ‘‘genocide’’ in his Whereas President of Iran Mahmoud The great bulk of the Armenian pop- annual statement. Ahmadinejad refuses to abandon the ura- ulation was forcibly removed from Ar- Between 1915 and 1923, as many as 1.5 nium enrichment program of the Govern- menia and Anatolia to Syria, where the million Armenians perished and 500,000 ment of Iran, and continues to work towards vast majority was sent into the desert were exiled by the Ottoman govern- advancing that program;

VerDate Aug 31 2005 02:06 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G14MR6.053 S14MRPT1 bajohnson on PROD1PC60 with SENATE S3146 CONGRESSIONAL RECORD — SENATE March 14, 2007 Whereas the United Nations Security (2) as a result of the failure of Iran to com- The PRESIDING OFFICER. Without Council unanimously passed Security Coun- ply with United Nations Security Resolution objection, it is so ordered. cil Resolution 1737 on December 23, 2006, 1737 (2006), the United Nations Security COMMITTEE ON HEALTH, EDUCATION, LABOR, which imposed sanctions on trade and exper- Council should implement additional sanc- AND PENSIONS tise related to the nuclear infrastructure of tions in order to persuade Iran to comply Iran and the transfer to Iran of International with requirements imposed by the Inter- Mrs. BOXER. Mr. President, I ask Atomic Energy Agency technical aid; national Atomic Energy Agency; unanimous consent that the Com- Whereas United Nations Security Council (3) full economic sanctions, uniformly im- mittee on Health, Education, Labor, Resolution 1737 (2006) states that if Iran re- posed by the entire international commu- and Pensions be authorized to meet in fuses to comply with the Resolution within nity, including Russia and China, offer the executive session during the session of 60 days, the Security Council ‘‘shall adopt best opportunity to bring about significant the Senate on Wednesday, March 14, further appropriate measures under Article change in Iran to prevent the development of 2007, at 10 a.m., in SD–430. 41 of Chapter VII of the Charter of the United a nuclear weapon in Iran; and Nations to persuade Iran to comply with this (4) the elimination of the threat of a nu- The PRESIDING OFFICER. Without resolution and the requirements of the clear Iran is in the long term interest of the objection, it is so ordered. IAEA, and underlines that further decisions people of Iran, the region, and the world. COMMITTEE ON HEALTH, EDUCATION, LABOR, will be required should such additional meas- AND PENSIONS f ures be necessary’’; Mrs. BOXER. Mr. President, I ask Whereas, according to a report issued by AMENDMENTS SUBMITTED AND unanimous consent that the Com- the International Atomic Energy Agency on PROPOSED mittee on Health, Education, Labor, February 21, 2007, Iran failed to comply with United Nations Resolution 1737 within 60 SA 458. Mr. BIDEN (for himself and Mr. and Pensions be authorized to hold a days; MENENDEZ) submitted an amendment in- hearing on drug safety during the ses- Whereas the refusal of the Government of tended to be proposed by him to the bill S. sion of the Senate on Wednesday, Iran to comply with International Atomic 494, to endorse further enlargement of the March 14, 2007, at 10:15 a.m., in SD–430. Energy Agency orders to prove the peaceful North Atlantic Treaty Organization (NATO) The PRESIDING OFFICER. Without intent of its nuclear program and with and to facilitate the timely admission of new objection, it is so ordered. United Nations Security Council Resolution members to NATO, and for other purposes; COMMITTEE ON HOMELAND SECURITY AND 1737 (2006) indicates that the efforts of the which was ordered to lie on the table. GOVERNMENTAL AFFAIRS Government of Iran toward uranium enrich- f ment are not for peaceful means; Mrs. BOXER. Mr. President, I ask Whereas the Government of Iran has con- TEXT OF AMENDMENTS unanimous consent that the Com- tributed to instability in the Middle East SA 458. Mr. BIDEN (for himself and mittee on Homeland Security and Gov- and has shown itself unwilling to use its in- Mr. MENENDEZ) submitted an amend- ernmental Affairs be authorized to fluence to support peaceful transformation meet on Wednesday, March 14, 2007, at in the region, including by demonstrating its ment intended to be proposed by him to the bill S. 494, to endorse further en- 9:30 a.m., for a hearing titled ‘‘The ability to strike United States military Threat of Islamic Radicalism to the forces and allies in the Middle East with mis- largement of the North Atlantic Trea- siles, by being either incapable or unwilling ty Organization (NATO) and to facili- Homeland.’’ to stop the movement of weapons produced tate the timely admission of new mem- The PRESIDING OFFICER. Without in Iran into Iraq and other countries in the bers to NATO, and for other purposes; objection, it is so ordered. region in support of violent religious extre- which was ordered to lie on the table; COMMITTEE ON THE JUDICIARY mism, and by the continued assertion of as follows: Mrs. BOXER. Mr. President, I ask President Ahmadinejad that Israel will be unanimous consent that the Com- ‘‘wiped off the map’’ and the consistent de- On page 5, line 19, insert ‘‘(FYROM)’’ after nial by President Ahmadinejad of the exist- ‘‘Macedonia’’. mittee on the Judiciary be authorized ence of the holocaust, as evidenced through On page 12, line 22, insert ‘‘(FYROM)’’ after to meet to conduct a hearing on ‘‘Open the hosting of an ‘‘International Conference ‘‘Macedonia’’. Government: Reinvigorating the Free- to Review the Global Vision of the Holo- On page 14, line 7, insert ‘‘(FYROM)’’ after dom of Information Act’’ on Wednes- caust’’ on December 11, 2006; ‘‘Macedonia’’. day, March 14, 2007, at 10 a.m., in Dirk- Whereas John Michael McConnell, Director On page 14, line 9, insert ‘‘(FYROM)’’ after sen Senate Office Building room 226. of National Intelligence, indicated in a hear- ‘‘MACEDONIA’’. ing of the Committee on Armed Services of On page 15, line 6, insert ‘‘(FYROM)’’ after Witness List ‘‘MACEDONIA’’. the Senate on February 27, 2007, that eco- Tom Curley, President and CEO of nomic sanctions on Iran uniformly applied On page 15, line 6, insert ‘‘(FYROM)’’ after by the international community could have ‘‘Macedonia’’ the Associated Press, Representing the a major effect on the economy of Iran; On page 15, line 20, insert ‘‘(FYROM)’’ after Sunshine in Government Initiative, Whereas the placement and implementa- ‘‘Macedonia’’. New York, NY; Meredith Fuchs, Gen- tion of sanctions on countries such as North On page 17, line 3, insert ‘‘(FYROM)’’ after eral Counsel, The National Security Korea and Libya have made progress in ‘‘Macedonia’’. Archive, Washington, DC; Sabina Has- bringing about change; f kell, Editor, Brattleboro Reformer, Whereas, despite the release of an internal AUTHORITY FOR COMMITTEES TO Brattleboro, VT; and Katherine Cary, European Union document dated February 7, General Counsel, Texas Office of the 2007, which indicated that European Union MEET officials believe that preventing Iran from Attorney General, Austin, TX. COMMITTEE ON FINANCE developing a nuclear weapon is not likely, on The PRESIDING OFFICER. Without February 12, 2007, the European Union Mrs. BOXER. Mr. President, I ask objection, it is so ordered. agreed, in compliance with United Nations unanimous consent that the Com- COMMITTEE ON RULES AND ADMINISTRATION Security Council Resolution 1737 (2006), to mittee on Finance be authorized to Mrs. BOXER. Mr. President, I ask impose limited sanctions on Iran in order to meet during the session on Wednesday, unanimous consent that the Com- prevent the sale of materials and technology March 14, 2007, at 10 a.m., in 215 Dirk- that could be used in Iran’s nuclear program; mittee on Rules and Administration be sen Senate Office Building, to hear tes- authorized to meet during the session and timony on ‘‘Charting a Course for Whereas full economic sanctions on the of the Senate on Wednesday, March 14, part of the entire international community Health Care Reform: Moving Toward 2007, at 10 a.m., to conduct a hearing on have not been applied to Iran: Now, there- Universal Coverage.’’ S. 223, The Senate Campaign Disclosure fore, be it The PRESIDING OFFICER. Without Parity Act. Resolved by the Senate (the House of Rep- objection, it is so ordered. The PRESIDING OFFICER. Without resentatives concurring), That it is the sense COMMITTEE ON FOREIGN RELATIONS objection, it is so ordered. of Congress that— Mrs. BOXER. Mr. President, I ask f (1) the nuclear program of the Government unanimous consent that the Com- of Iran continues to be of grave concern and mittee on Foreign Relations be author- PRIVILEGES OF THE FLOOR should be considered a serious threat to the United States and its military forces and ized to meet during the session of the Mr. ALEXANDER. Mr. President, I personnel in the Middle East, and to United Senate on Wednesday, March 14, 2007 at ask unanimous consent that the privi- States allies and interests in Europe, the 2:30 p.m. to hold a hearing on the Phil- lege of the floor be granted to a fellow Middle East, and Asia; ippines. in my office, Jonathan Burke, for the

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IN HONOR OF STEPHEN J. SOLARZ the early stages of its formation, Mr. Solarz Despite the magnitude of the current agri- traveled to two dozen countries to discuss the cultural catastrophe, Congress has failed to HON. NANCY PELOSI proposed organization, garner support, and provide sufficient agricultural assistance. We OF CALIFORNIA raise funds. The vision of that group was real- have abandoned our farmers and ranchers to IN THE HOUSE OF REPRESENTATIVES ized, and Mr. Solarz went on to serve first as a massive and ongoing natural disaster. the organization’s first vice chairman and now The 2007 supplemental bill rights this Wednesday, March 14, 2007 serves on its board of trustees. wrong. It provides $3.7 billion in agriculture Ms. PELOSI. Madam Speaker, next week, It is with great pride and admiration that I disaster relief, which will help Kansans con- one of our most respected former colleagues, join the International Crisis Group in cele- tinue to farm and ranch in spite of the ever- Stephen J. Solarz, will receive the President’s brating this great American and distinguished present threats of drought, fire, and other ca- Award from the International Crisis Group for veteran of the House of Representatives. I tastrophes. his role in the creation of that highly respected thank his wife of 38 years, Nina Koldin, and Our farming and ranching communities organization and his other vital contributions to his two children for sharing their husband and needs a government that supports them dur- international public policy. This award is richly father with us. I am proud to pay tribute to ing their most difficult hours. Now Congress deserved, and calls to attention the accom- Stephen Solarz for his contributions to the has an opportunity to meet their needs, to plishments of this remarkable public servant. people of New York, the United States, and serve as a steward of the agricultural industry. His career in public office—which included 6 the entire world. A vote for the supplemental bill is a vote for years of service in the New York State As- f our farmers and ranchers. sembly and 18 years representing Brooklyn’s f 13th district in this chamber—was character- SUPPORT FOR FARMERS AND ized by tireless advocacy, unyielding resolve, RANCHERS IN PRAISE OF ‘‘PRESIDENTIAL historic vision, and a deep sense of civic duty. SERVICE AWARD’’ WINNER, ME- His career was marked by exceptionally HON. NANCY E. BOYDA LISSA MORGAN strong service in the international arena. Mr. OF KANSAS Solarz served for 18 years on the House For- IN THE HOUSE OF REPRESENTATIVES HON. TIMOTHY WALBERG eign Affairs Committee, including service as Wednesday, March 14, 2007 OF MICHIGAN Chairman of the Subcommittee on Asian and IN THE HOUSE OF REPRESENTATIVES Pacific Affairs, and the Subcommittee on Afri- Mrs. BOYDA of Kansas. Madam Speaker, I ca. His record of achievement mirrors the his- rise today in support of the upcoming 2007 fis- Wednesday, March 14, 2007 toric and positive changes that occurred in the cal year supplemental appropriations bill. Mr. WALBERG. Madam Speaker, I rise world during that period, A champion of Much of the debate on this bill has focused, today to honor a special young lady, a con- human rights and democracy, his name fig- quite rightly, on the provisions that codify stituent of mine, Ms. Melissa Morgan of Hills- ures prominently in the history of South Africa President Bush’s benchmarks for Iraq into law. dale, Michigan. Ms. Morgan is a recipient of for his efforts to help end apartheid and build That is an important subject that I plan to dis- the highest level of the ‘‘Presidential Service a non-racial democracy; in the Philippines for cuss in depth later this week. Award,’’ the Gold Level, honoring her dedica- his tireless work in supporting democratic But today I wish to focus on another ele- tion to Hillsdale community through her volun- transformation and good governance; and in ment of this bill, one that is of vital importance teer efforts. Cambodia for his public and private initiatives to the farmers and ranchers of the Second Ms. Morgan is a student at Hillsdale High to help build a sustainable peace and national District of Kansas. School where she has been involved with sev- reconciliation in the wake of tragic mass America’s agricultural industry is in the eral extracurricular activities which include: killings. His vision in promoting democratiza- midst of a calamity. Fully 70 percent of U.S. soccer, basketball and volleyball, as well as tion and European integration of the nations of counties were declared disaster areas by the cross country. Melissa was the Vice President Central and Eastern Europe following the fall Department of Agriculture in 2006. Believe it of the Hillsdale High School National Honor of the Berlin Wall was essential in promoting or not, this was an improvement from 2005, Society, senior class representative for student peace and stability throughout the European when 80 percent of all counties were declared council and also a participant in the Student continent. disasters. In my home state of Kansas, every Statesmanship Institute. This is just a short list His deep-seated resolve to contribute to single county is suffering from disaster condi- of the activities Melissa has participated in at international peace and justice did not cease tions. Hillsdale High School. after he retired from Congress in 1993. Mr. It is hard to express the frustration of the Madam Speaker, those activities which I Solarz then served President Clinton as spe- farmers I speak to in my district. Many have have just named are impressive, however, Ms. cial envoy to Cambodia and as Chair to the worked the same acreage for decades, and Morgan’s volunteer efforts are the heart of the Board of the Central Asian-American Enter- they feel a profound connection to their land: ‘‘Presidential Service Award.’’ In his 2002 prise Fund. He has stayed active since then, They trust that, if they treat their land right, if State of the Union address, President George contributing frequently to the public discourse they plow its soil and plant it carefully and W. Bush called on all Americans to increase on international events through his writings tend it for the many months before harvest, it volunteerism within their communities. From and teachings. will reward them with enough crops to earn a this call to action came the President’s Council Mr. Solarz also played a vital role in the cre- living. on Service and Civic Participation in 2003 ation and early leadership of the International But lately, as disaster conditions have which sought out ways to recognize out- Crisis Group, which has emerged as a re- stretched out into every corner of Kansas, the standing volunteers, such as Melissa Morgan. spected conflict prevention and resolution or- land has betrayed our farmers and ranchers. The Council created President’s Service ganization. As part of a group of prominent William Norman, Jr., a farmer from Leaven- Award Program and the Presidential Service international citizens and foreign policy spe- worth County, is fighting to make ends meet Award. cialists who were appalled by the international now that his corn production has plummeted The Gold Level of the ‘‘Presidential Service community’s failure to respond to crises of the by two-thirds. Frances Ford, a rancher in Award,’’ requires young adults, such as Ms. mid-1990s in Somalia, Bosnia, and Rwanda, Coffey County, is struggling to feed her cattle Morgan, to volunteer two hundred fifty hours Mr. Solarz recognized the need for an organi- off of only half of her ordinary hay yield. or more of their time. Ms. Morgan has zation, wholly independent of any government These are good, hardworking people who eclipsed this threshold almost five times, net- that would help governments, international or- put food on America’s plates every single day. ting just below 1200 volunteer hours. I will ganizations, and the world community to pre- But their land has betrayed them—and sadly, highlight just a few of Melissa’s volunteer ac- vent, contain, and resolve deadly conflict. In Congress has betrayed them, too. tivities; Spanish assistant and tutor—180

∑ 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 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\RECORD07\E14MR7.REC E14MR7 hmoore on PRODPC68 with CONG-REC-ONLINE E538 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2007 hours, Key Club volunteer—200 hours, 40 bers a sense of individual obligation to our HONORING THE STAFF OF FAIR- hours dedicated to organizing and running a community, as well as fostering and promoting VIEW SOUTHDALE HOSPITAL children’s sports camp raising money for Hurri- friendship, camaraderie, closer understanding AND FRIENDS OF THE ORPHANS cane Katrina victims and 10 hours volunteered and respect among themselves as unique MINNESOTA REGION MARCH 13, with Habitat for Humanity. equals. Also known proudly as ‘‘I Inetnon 2007 Melissa Morgan is a great example of ev- Lala˚hen Gua˚han,’’ the Young Men’s League of erything right with America and is a reflection Guam continues to be a strong proponent for HON. BETTY McCOLLUM of the spirit of a true Michigander, selfless and OF MINNESOTA fighting for a cause greater then themselves. the preservation and advancement of the in- I am pleased to congratulate Melissa Morgan digenous culture, language, heritage and tradi- IN THE HOUSE OF REPRESENTATIVES on her achievement of the ‘‘Presidential Serv- tions of the Chamorros of Guam and the Mari- Wednesday, March 14, 2007 anas. YMLG annually sponsors the ice Award,’’ and I commend her for her work. Ms. McCOLLUM of Minnesota. Madam f ‘‘Silabrasion Chamorro’’ Student Oratorical, Speaker, today I rise to honor a group of Min- Essay, and Writing Competitions. CALLING FOR RELEASE OF nesotans who exemplify the great spirit of ISRAELI SOLDIERS HELD CAP- As its name proclaims, the Young Men’s American compassion, generosity and human TIVE BY HAMAS AND League of Guam has always sought to har- ingenuity by making a difference in the lives of HEZBOLLAH ness the talents and instill a sense of commu- a group of orphans living in EI Salvador. I es- nity obligation among up-and-coming young pecially want to thank the staff and volunteers SPEECH OF men as they take their places in our society. of both Friends of the Orphans Minnesota Re- gion who helped facilitate arrangements for Educational and Recreational promotion of HON. JERRY F. COSTELLO five Salvadoran orphans to have eye surgery OF ILLINOIS youth continues through scholarships, financial in Minnesota earlier this year. IN THE HOUSE OF REPRESENTATIVES contributions, and sponsorships. Today, many Claudia Vanessa Vasquez Ramos, age 18; Tuesday, March 13, 2007 members continue active membership, even Estela Martinez Perdomo, age 18; Hector though they are well into their senior years. Mr. COSTELLO. Mr. Speaker, I rise today in Lopez Jovel, age 10; Jonas Perez, age 6 and support of H. Res. 107, a resolution calling for Madam Speaker, YMLG’s membership ros- Brian Stanley Lemus, age 5 were born with the immediate release of Israeli soldier Gilad ter is a ‘‘Who’s Who’’ of 20th Century Guam strabismus, commonly known as cross or un- Shalut by Hamas, as well as urging Hezbollah history. Indeed, the legacies of its charter offi- aligned eyes. When Minnesota residents learned about these orphans, and that correc- to accept the mandate of the U.N. Security cers—Mr. Leon Flores, president; Mr. Jose tive surgery for strabismus is not available in Council Resolution by immediately releasing Duenas, vice president; Mr. Manuel Ulloa, EI Salvador, they worked with Friends of the Israeli soldiers Ehud Goldwasser and Eldad secretary; Mr. Adriano Cristobal; and Mr. Regev. Orphans to bring them to Minnesota for sur- Vicente Arriola, librarian/historian—live on gery. Mr. Nestor Jaramillo arranged surgeons Israel has taken dramatic steps in recent through their offspring and beyond. President years to bring about peace in the Middle East, and nurses at Fairview Southdale Hospital to Flores was the father of Guam’s first Roman including removing all forces from Lebanon perform the surgery, while Friends of the Or- and in 2005 unilaterally withdrawing from Catholic bishop and archbishop, the late phans made flight arrangements and helped to Gaza. In return, Israel continues to be threat- Felixberto C. Flores. Vice President Duenas coordinate host families. ened by Hezbollah, which is backed and en- was the father of retired U.S. District Court On January 18th, the children arrived in couraged by Iran and Syria, and Hamas, Judge Cristobal C. Duenas and the brother of Minnesota, and their successful surgeries which controls the Palestinian Authority. Nei- Father Jesus Baza Duenas, who was exe- were performed the following day. The day ther group recognizes Israel’s right to exist cuted during the occupation of Guam in WorId after their surgeries, I had the opportunity to meet these young people at Our Lady of and refuses to seek democracy and peace. War II. Secretary Ulloa was a prominent and Grace Church in Edina, Minnesota, and expe- Mr. Speaker, by passing H. Res. 107, we a long-time island educator. Treasurer Cris- have made a clear statement that these sol- rienced firsthand their excitement with their tobal was the grandfather of Superior Court new, corrected vision. By January 22nd, they diers should be released, and that the United Presiding Judge Alberto C. Lamorena; and States will stand with Israel while continuing to returned to EI Salvador with a much brighter YMLG Historian Arriola was the father of work with the international community to bring outlook for the future in their home country. peace to the region. I urge my colleagues to former Speaker Joaquin C. Arriola. Indeed, all I am pleased to honor the generosity of doc- support H. Res. 107. the Chamorro Governors of Guam, appointed tors, pediatricians, and nurses at Fairview Southdale Hospital in Edina, Minnesota, who f and elected, were members of the Young Men’s League of Guam at some point in their through the donation of their skills and time to RECOGNIZING THE YOUNG MEN’S public careers. They include the late Joseph perform the surgeries, gave a life-long gift to LEAGUE OF GUAM FOR SERVICE Flores, the late Manuel F.L. Guerrero, and the these orphans. TO THE COMMUNITY late Carlos G. Camacho, father of our current Fairview Southdale Hospital surgeons and nurses: Marshall Everson, M.D.; S. Jafar Has- governor, Felix P. Camacho, who is a YMLG san, M.D.; Mathew Jones, pediatrician; Thom- HON. MADELEINE Z. BORDALLO member himself. Former governors Paul M. OF GUAM as LeFebreve, pediatrician; Linda Rosengren, Calvo, Joseph F. Ada, and Carl T.C. Gutierrez R.N.; Barbara Resendez, R.N.; George IN THE HOUSE OF REPRESENTATIVES were YMLG members as well. My late hus- Markuson, surgical tech; Christine Volp, Wednesday, March 14, 2007 band, Ricardo J. Bordallo, who served two C.R.N.A.; Dennis Bless, C.R.N.A.; Dr. Su- Ms. BORDALLO. Madam Speaker, I rise to terms as governor of Guam, and my late fa- zanne Shearen, M.D.A.; Becky Hagemann, commend the members of the Young Men’s ther-in-law, Balthazar J. Bordallo, who served R.N.; Jan Johnson, R.N.; Sharon Cegla, R.N.; League of Guam, the YMLG, for their service in both the pre-war bicameral Guam Con- Shirley Holton, R.N.; Kristi Bahnemann, R.N.; to our community for over 90 years. YMLG is gress, as Chairman of the upper House of Susan Hahn, health unit coordinator; Brad perhaps the oldest, active non-profit organiza- Council, and the postwar Guam Legislature, Beard, President of Fairview Southdale Hos- tions in my home district, continuing to provide were lifelong members, as was Governor pital; Nestor Jaramillo, Jr., Vice-President of Sales and Marketing; Bonnie Herda, director dedicated and honorable volunteer service to Calvo’s father, Eduardo T. Calvo, and Fran- this day. The YMLG contributes immensely to of periop services; Julie Hennen, communica- cisco B. Leon Guerrero, who, with my father- help the homeless, the medically indigent, and tions and marketing staff. less fortunate in Guam, as well as the elderly in-law, was known as the fathers of the Or- In addition I want to recognize the extraor- at St. Dominic’s Geriatric Care Facility. They ganic Act of Guam. dinary individuals, families, groups and organi- also support and assist other charity organiza- zations that have offered their hearts to make tions. a difference in the lives of these orphans: Since its founding in 1917, the Young Men’s Friends of the Orphans Minnesota Region League of Guam has remained true to its mis- and its entire staff: Judy Hawkinson, Charlene sion to uphold and defend the principles of Dick, Gail Duer, Erin Dirksen and Mackenzie good government by instilling among its mem- Wheeler.

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\RECORD07\E14MR7.REC E14MR7 hmoore on PRODPC68 with CONG-REC-ONLINE March 14, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E539 Host families: Nestor and Laurie Jaramillo, that helps to meet our region’s and state’s come from the state, including Proposition Stephen and Elizabeth Smith, John and Mary growing water needs through a set of recy- 50 funds. Another one-fourth will come from O’Toole. cling and reclamation projects. The projects in the federal government under a bill spon- Nuestros Pequenos Hermandos (NPH) Cen- sored by Rep. George Miller, D–Martinez. this coalition have been repeatedly vetted, Pittsburg has taken the lead in the recy- tral America: Father Ron Hicks. both internally at the local level and through cling effort, has raised local money, has The U.S. Embassy in San Salvador: thanks each step of the Title XVI review process. some of the infrastructure in place and al- to Consul General Virginia Hotchner and the Although these worthy projects have sup- ready is doing some recycling. Antioch is not entire staff of the Consular Section for their plied local funding, and secured matching far behind. assistance in providing non-immigrant visas State funding, they still need the Federal part- Both cities are at the top of the list for the for the children. ner to step up. There is a clear Federal inter- second round of state funding for recycled- Mr. Chao Lee from my St. Paul office: spe- est in these projects, as there is in the other water projects. cial thanks to Chao for his hard work and te- successful regional recycling programs like However, the Department of Water Re- sources, which can approve the money by ad- nacity in working with Friends of the Orphans those of Southern California. A good water re- ministrative decision, needs a bit of prodding and the U.S. Embassy in San Salvador to se- cycling program stretches existing supplies by local legislators. cure non-immigrant visas for the children. and provides certainty to all of the water users Miller’s bill, HR 6218, which has bipartisan Madam Speaker, in honor of the staff of in the area; conflict can be reduced even in a support, also needs quick approval. Friends of the Orphans, U.S. Embassy staff in critically dry year. As we all know, a stable Together, the six Bay Area projects would San Salvador, and the doctors, pediatricians and reliable regional water supply makes good recycle nearly 10,000 acre-feet of water per and nurses of the Fairview Southdale Hospital neighbors. year. That is not a large percentage of the and compassionate citizens who made an im- This new bill authorizes the Secretary of the total volume of water used in the area, but it is a significant amount and would help pact on the lives of the five Salvadoran or- Interior to participate in the following Bay Area spur more recycling efforts. phans, I submit this statement for the official water reuse projects: Antioch Recycled Water The total cost of the six projects is $74.8 CONGRESSIONAL RECORD. Project (Delta Diablo Sanitation District, City of million. But the state and federal govern- f Antioch); Pacifica Recycled Water Project ments’ share is only $18.7 million each. The (North Coast County Water District); Mountain state money already is available, and there INTRODUCTION OF THE BAY AREA View/Moffett Area Water Reuse Project (City is no reason to believe the federal funds will REGIONAL WATER RECYCLING of Palo Alto, City of Mountain View); Pittsburg not be forthcoming. PROGRAM AUTHORIZATION ACT Recycled Water Project (Delta Diablo Sanita- Recycling is not the only way to meet the OF 2007 Bay Area’s and California’s water needs, but tion District, City of Pittsburg); Redwood City it must be part of the solution. Not only does Recycled Water Project; South Santa Clara it use water effectively, it also reduces pollu- HON. GEORGE MILLER County Recycled Water Project (Santa Clara tion of the Delta, San Pablo Bay and San OF CALIFORNIA Valley Water District, South County Regional Francisco Bay. IN THE HOUSE OF REPRESENTATIVES Wastewater Authority); and South Bay Ad- We trust state and federal officials will agree and act quickly to help local efforts to Wednesday, March 14, 2007 vanced Recycled Water Treatment Facility (Santa Clara Valley Water District, City of San recycle an essential resource. Mr. GEORGE MILLER of California. Madam Jose). f Speaker, today I am pleased to be joined by These seven projects are estimated to make THE WYLAND FOUNDATION’S many of my colleagues in introducing legisla- 12,205 acre-feet of water available annually in PARTNERSHIP WITH THE AQUAR- tion to help the San Francisco Bay Area to the short term, and 37,600 acre-feet annually IUM OF NIAGARA solve its water challenges. The bill is a revi- in the long term, all while reducing demand on sion of legislation I first introduced in the 109th the Delta and on existing water infrastructure. Congress, and will provide local agencies with The new bill also directs the U.S. Bureau of HON. LOUISE McINTOSH SLAUGHTER the Federal partner that they need to imple- Reclamation to fully fund the San Jose Area OF NEW YORK ment an ambitious and forward-thinking re- Water Reclamation and Reuse Project, first IN THE HOUSE OF REPRESENTATIVES gional water recycling program. authorized in the original Title XVI legislation. Wednesday, March 14, 2007 The City of Pittsburg and the Delta Diablo These programs are a fiscal and environ- Sanitation District, in my congressional district, mental win-win, and encouraging them is Ms. SLAUGHTER. Madam Speaker, I am have been leading the charge, investing time, sound federal policy. I commend my original pleased to recognize the Wyland Foundation energy, and local funds in developing water cosponsors for joining in this effort to support for its outstanding achievements in environ- recycling projects to help meet regional water our region’s water recycling initiative: Reps. mental education programs. Since 1993, the needs. ANNA ESHOO, ELLEN TAUSCHER, TOM LANTOS, Wyland Foundation has dedicated itself to pro- My new legislation, the Bay Area Regional MIKE HONDA, ZOE LOFGREN, JERRY MCNERNEY, tecting the earth’s oceans by bridging the Water Recycling Program Authorization Act of and PETE STARK. world of art and science. 2007, would authorize a federal partner for the I’m glad to be working with my Bay Area The Wyland Foundation is a non-profit orga- effort in Pittsburg, as well as for similar pro- colleagues to help our region’s water reuse nization dedicated to promoting, protecting, grams in Antioch, Palo Alto, Mountain View, program, and I urge my colleagues to support and preserving the world’s oceans, waterways, Pacifica, South Santa Clara County, Redwood this legislation. and marine life. The foundation, led by the art- City, and San Jose. [From the Contra Costa Times, Jan. 25, 2007] ist Wyland, encourages environmental aware- We put the tools for these Federal-local FUND WATER RECYCLING ness through education programs, life-size water recycling partnerships in place with the One of the most effective ways to protect public arts projects, and community events. historic Reclamation Projects Authorization our environment and efficiently use natural The Wyland Foundation strives to inspire as and Adjustment Act of 1992, which not only in- resources is recycling. It is particularly true many people as possible—especially school cluded my Central Valley Project Improvement of water, which can be used more than once. children—to learn more about our oceans and Act but featured a provision now known simply There is no good reason to flush waste- aquatic habitats. as the ‘‘Title XVI’’ water recycling program. water into rivers, bays, estuaries and the Perhaps the Wyland Foundation’s best In my introductory remarks for last year’s ocean if it can be treated and used again for known initiative is the Whaling Walls: Art in version of the bill, I made the case for the Title other purposes such as irrigating parks and Public Places. Through Whaling Walls, the golf courses. XVI program and the importance of water re- That is the philosophy behind six Bay Area Wyland Foundation works with communities to cycling. Although the Bush administration con- water recycling projects ready to begin once paint large-scale murals of migrating gray tinues to oppose funding water recycling, the they are fully funded. They are in Pittsburg, whales, breaching humpbacks, blue whales, case has only gotten stronger since then, as Antioch, Pacifica, Palo Alto-Mountain View, and other marine life. The program is predi- evidenced by the breadth of local support for Redwood City and South Santa Clara Coun- cated on the idea that the best way to teach this bill and for the Bay Area Regional Water ty. someone about environmental conservation is Recycling Program. I am also including in the The recycled water will be treated and to show them what they are conserving. piped to water golf courses, parks, school record an editorial from the Contra Costa grounds and roadway medians, and will be The 81st Whaling Wall was painted at the Times supporting the earlier bill. used by some businesses. Aquarium of Niagara in Niagara Falls, New The Bay Area Regional Water Recycling Half of the money for the projects will York in 1998. The project allowed children Program is a collaboration of public utilities come from local sources. One-fourth will ranging from three to eighteen years old to

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\RECORD07\E14MR7.REC E14MR7 hmoore on PRODPC68 with CONG-REC-ONLINE E540 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2007 work side-by-side with Wyland to create a public service after a distinguished career to HOMELAND SECURITY/EMERGENCY MANAGEMENT beautiful indoor mural. Niagara’s Whaling Wall join the private sector. He and his wife, Jet, Judge Eckels has always been deeply con- is a regional treasure that has helped foster a are dear friends of mine and my wife, Belinda. cerned with hurricanes and other natural dis- greater appreciation and awareness for our Robert Eckels was first elected to the Texas asters and the county’s reponse to crises. He world’s oceans. Legislature in 1982. When he began his serv- commissioned a study showing the impact of Madam Speaker, I want to again commend ice in January of 1983 he was only 25-years- a Category-V hurricane coming into Galveston the Wyland Foundation for their commitment old. Few thought he would have much impact Bay, and he initiated planning procedures to to protecting the world’s oceans, and their his first year, but he passed 8 of 13 bills in his ensure first responders had the proper training partnership with the Aquarium of Niagara. legislative package. Robert’s quiet demeanor and equipment to take action. f frequently led fellow members to urge the en- He began to set up an interoperable com- forcement of the ‘‘no mumble rule’’ so they munications system for Harris County that PERSONAL EXPLANATION could understand what he was saying, but his could be expanded regionally to allow commu- understated nature was also key to his suc- nications among first responders across juris- HON. JEFF MILLER cess in Austin. He did not care who got credit dictional and disciplinary lines. Building such a for passing legislation, so long as it was good OF FLORIDA system has required a strong leader like law that did not have to fix later. He under- IN THE HOUSE OF REPRESENTATIVES Judge Eckels to convince various agencies stands the legislative process, legislative lan- that rely on mission-critical communication to Wednesday, March 14, 2007 guage and the legislative intent as well as trust Harris County’s Information Technology Mr. MILLER of Florida. Madam Speaker, I anyone I know. Department to build an interoperable system missed rollcall Votes No. 136–138 on March Robert also cared about his colleagues. He which was better than one they could run on would approach Members towards the end of 12, 2007 and rollcall votes No 139–141 on their own. March 13, 2007. It was six suspension votes our legislative sessions to ask them how their Today, the Harris County Regional Radio H.R. 85, the Energy Technology Transfer Act, legislative agendas were coming along. If a System is a model communication system that Member complained that their most important H. Res. 136, Commending the Girl Scouts of has grown to support a shared intrastructure bill was in trouble in committee or on the the United States of America on the occasion with more than 133 channels and 17 tower House floor, he would help his colleagues of their 95th anniversary, and H. Res. 89, Ex- sites. It currently covers all of Harris County amend their priority onto another bill or find pressing the sense of the House that a day and parts of eight other counties, with the in- some other way to pass their bills. should be established as Dutch-American In 1991 the Texas Monthly Magazine de- tent to expand even farther. As resources are Friendship Day, H. Res. 64, Expressing the scribed his character in its biennial article at available it will be expanded until it serves all sense of the House that the Government of the end of the Legislative session entitled 13 counties in the Houston/Galveston Area Bangladesh should immediately drop all pend- ‘‘The Best and the Worst Legislators.’’ In that Council’s service area. ing charges against Bangladeshi journalist piece he was named an Outstanding Legis- There are more than 20,000 users from Salah Uddin Shoaib Choudhury, H. Res. 228, lator for his work in ethics reform and redis- more than 400 different departments/agencies Recognizing the 186th anniversary of the inde- tricting, ‘‘the session’s most thankless issues.’’ with nearly 2,000 mobile data-terminals and pendence of Greece and celebrating Greek It said ‘‘Eckels wrote a bill that outshone its ri- the system is growing quickly. The regional and American Democracy, and H. Res. 222, vals as silver outshines dirt.’’ Other quotes de- radio system is not only an essential response Expressing the support of the House for the scribe his character, ‘‘Eckels is unselfish to the tool when disaster strikes, it can also be Good Friday Agreement as a blueprint for last- point of being sacrificial. He’s the Good Sa- adapted to conform to the needs of the part- ing peace in Northern Ireland, respectively. I maritan of the House; he finds hurt people by ners in day-to-day operations. Harris County was detained and could not make it to the the side of the road and helps them get well.’’ has more than 90 different policing agencies floor for this vote. In 1994 Robert decided to leave the Legisla- operating in very close proximity. This system If present, I would have voted rollcall Vote ture, over the protests of many of his House allows dispatchers to send the closest officer No. 136, ‘‘yea,’’ roll call Vote No. 137, ‘‘yea,’’ colleagues, myself included, to run for the of- to the scene of an incident regardless of which rollcall Vote No. 138, ‘‘yea,’’ Vote No. 139, fice of Harris County Judge. He saw an oppor- agency the responder works for. ‘‘yea,’’ rollcall Vote No. 140, ‘‘yea,’’ and rollcall tunity to work on the issues that were most In his first State of the Union Address after Vote No. 141, ‘‘yea.’’ important to him and his vision for the county 9/11, President George W. Bush called upon f he grew up in and served with distinction in all Americans to dedicate at least two years of the Legislature. He won the election and his their lives—the equivalent of 4,000 hours—in TRIBUTE TO HARRIS COUNTY opponent in that election later became a mem- service to others. He launched the Citizen JUDGE ROBERT ECKELS ber of his advisory group. Corps initiative to inspire and enable Ameri- TRANSPORTATION cans to find ways to serve their communities HON. JOHN ABNEY CULBERSON Judge Eckels believes as I do that one of and country. In response to the President’s ini- OF TEXAS the most important priorities in our county is tiative, in August 2002, Judge Eckels created IN THE HOUSE OF REPRESENTATIVES improving the major transportation corridors so the Harris County Citizen Corps Council The Council coordinates with volunteer groups Wednesday, March 14, 2007 people do not spend hours stuck in traffic jams. Judge Eckels also believes, as I do, that such as the Red Cross, the Salvation Army, Mr. CULBERSON. Madam Speaker, I rise mobility is vital to our county’s future. He and the United Way to identify volunteer op- today to pay tribute and wish a happy 50th served as chairman of the Transportation Pol- portunities. The Citizen Corps programs in- birthday to my dear friend and colleague, Har- icy Council for the Houston-Galveston region clude the Community Emergency Response ris County Judge Robert Eckels. Until last and was a major author of the 2025 Regional Team, the Neighborhood Watch Program, Vol- week, Judge Eckels was the presiding officer Transportation Plan. unteers in Police Service, Fire Corps, and the of the Harris County Commissioners Court— Judge Eckels was also Chairman of the Alli- Medical Reserve Corps. the governing body of the county, and the only ance for I–69 Texas and the Texas High When Hurricane Katrina caused the evacu- member that is elected countywide. The posi- Speed Rail & Transportation Corporation. ation of more than 250,000 to the Harris tion involves executive, judicial, and legislative Texas House of Representatives Speaker County area, Judge Eckels coordinated and functions in the third most populace county in Tom Craddick appointed him to the Study managed the relief effort to create com- the United States. There are 34 municipalities Commission on Transportation Financing to fortable, welcoming shelters. Approximately within the county, including the county seat look at the broader issues facing the State of 27,000 evacuees came to ‘‘Reliant City,’’ and the fourth largest city in the country, the Texas. It was Judge Eckels who spearheaded which was created in the facilities at Reliant City of Houston. More than 1.2 million people an effort to turn abandoned railroad right-of- Park and the George R. Brown Convention live in unincorporated Harris County and rely way running through my District into major Center in a 20 hour period in August 2005. on the county to be the primary provider of traffic arteries which bring hundreds of thou- This was the largest sheltering operation in basic government services. The term County sands of daily commuters into and out of U.S. history. Judge in Texas is comparable to a County Ex- downtown Houston. Today, as a result of his Thousands of volunteers were needed to ecutive or County Mayor in other parts of the vision and leadership, the Westpark Toll Way, assist in the relief operation and within one country. the country’s first entirely electronic toll road, hour of the initial call for assistance to the Cit- Judge Eckels has been in public service for is an innovative addition to the Harris County izen Corps, more than 1,000 volunteers ar- more than 25 years. He recently retired from Toll Road Authority. rived at the shelter. In all, more than 60,000

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\RECORD07\E14MR7.REC E14MR7 hmoore on PRODPC68 with CONG-REC-ONLINE March 14, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E541 of our citizens came forward, received training be there for those who have no where else to millions of dollars in interest each year. Most from existing Citizen Corps members, and turn. importantly, financial reserves are up, reve- made the massive, weeks-long sheltering op- FLOOD CONTROL nues are up, and spending is under control. eration possible. The Judge said that Katrina In 1996 Judge Eckels asked Congress to Judge Eckels understands that when we de- was a blessing for our community because it help speed some of the critical flood-damage crease taxes here at the Federal level, and cut showed us just how much we were able to reduction projects to protect the citizens of our funding to state and local governments, they give when our Louisiana neighbors needed a county. Under his leadership, the Harris Coun- cannot and must not increase taxes at the helping hand. ty Flood Control District is now able to take local level. He has found new and innovative Just three weeks after the nation watched the lead on flood reduction projects. As a re- ways to deliver the same services that pro- the devastation of New Orleans and the Gulf sult, our constituents along the Brays Bayou mote the quality of life we have all come to Coast by Hurricane Katrina, Hurricane Rita and White Oak Bayou are already receiving expect here in the greatest country in the his- was headed straight for Harris County. An al- the benefits of flood mitigation years ahead of tory of the world. ready exhausted team, led by Judge Eckels, schedule. I hope that Robert Eckels will reenter public shut down the last sheltering operation for life again someday because he is an exem- CLEAN AIR Katrina evacuees and prepared for the next plary leader. If he chooses not to, there is no Harris County is committed to cleaning the storm. With less than 48 hours before Rita doubt that he has left behind a strong legacy air in our region. Judge Eckels is nationally was predicted to reach landfall on Galveston in Harris County. I will always value his friend- recognized as an expert in devising and imple- Island, Judge Eckels worked with Governor ship and counsel. menting acceptable air quality plans on the Rick Perry and Houston Mayor Bill White to f begin the largest evacuation in U.S. history. county level. He has testified before a U.S. Under Judge Eckels’ watchful eye and calm Senate subcommittee on air quality issues and TRIBUTE TO SYDNEY EVERETT demeanor, he gave frequent updates to motor- has appeared on national television news ists stranded in the exodus and assured them shows discussing environmental issues. HON. WM. LACY CLAY that help was on the way. While the unprece- He also initiated new monitoring systems to OF MISSOURI dented evacuation was difficult, it was consid- ensure compliance with federal and state reg- IN THE HOUSE OF REPRESENTATIVES ulations, funding computer modeling to base ered a success. Before the storm reached the Wednesday, March 14, 2007 our clean air decisions on the best information shore later that night, the roadways were Mr. CLAY. Madam Speaker, the St. Louis empty and our citizens were out of harms’ possible and searching for the newest and most cost-effective technologies to clean our Post Dispatch recently published a series of way. articles to shed light on music education in the The Judge’s work during Hurricanes Katrina air. Under his watch, the latest state of the art St. Louis Public Schools. The significant bene- and Rita was recognized with a number of monitors that detect most of the 189 Haz- fits conveyed by music education are immeas- awards. In an article entitled ‘‘The Power of ardous Air Pollutants listed by the Environ- urable. Studies have found that education in Government to Do Good’’ in Esquire maga- mental Protection Agency are in place in Har- the arts leads to success in society, school zine, Judge Eckels was named the Best and ris County—paid for by environmental viola- and life. I applaud the St. Louis Public Schools Brightest 0/2005, Citizen of the Year for his tors, not taxpayers. for recognizing the value of music education. extraordinary leadership. ‘‘When the city of CHILDREN’S ISSUES I also commend Mr. Bob Dorries, the instru- New Orleans evacuated to Houston, Harris Judge Eckels is passionate about children’s mental music teacher at McKinley Junior Clas- County Judge Robert Eckels took them in. He issues. As fathers, he and I have shared many sical Academy, a St. Louis magnet school, for was an island of competence in the face of stories about raising our daughters. Like me, his commitment to cultivating the gift of music catastrophe,’’ Esquire wrote. he always puts his family first. He and his The Partners for Livable Communities, a wife, Jet, could not be more committed to their in our children. I was especially impressed nonprofit organization headquartered here in daughter, Kirby Rae. with the article’s coverage of sixth-grader Syd- Washington DC, gave the Judge the ‘‘Bridge That commitment inspired Robert to take a ney Everett’s intense desire to master playing Builders Award’’ for his collaboration efforts vital leadership role in the Do the Write Thing the clarinet. In reading Steve Giegerich’s articles, it is during the hurricane crises. The Greater Hous- Challenge, a program of the National Cam- obvious that Sydney is an exceptional student ton Partnership named him one of ‘‘Houston’s paign to Stop Violence. As chairman for the who is dedicated to conquering new objectives Greatest Individuals 2005.’’ American City and State of Texas, he has grown the program to and realizing her full potential. Sydney’s love County Leader magazine named Eckels ‘‘2006 an unprecedented size with more than 24,000 for music was instilled by her parents Sean County Leader of the Year.’’ participants in 10 communities. Judge Eckels and Deirdre Everett. They have always made Under his leadership, the Harris County Of- also spearheaded a collaboration that would music a part of Sydney’s life. Her father, hav- fice of Homeland Security and Emergency become the Children’s Assessment Center ing taught himself to play the trumpet, shared Management has become a national model for (CAC). The CAC gives victims on-site access his love for music with his children. Sydney preparedness and response to emergency sit- to experts in abuse prevention, medical treat- exhibits that same drive and frequently takes uations, natural or manmade. Considered an ment, forensic examination, family counseling, the initiative to teach herself lessons before expert in local emergency management and therapeutic services and criminal prosecution. response, Judge Eckels has testified before the class covers them. Each year, more than 5,000 sexually abused Madam Speaker, it is with great privilege both the U.S. House of Representatives and children, their siblings, and non-offending that I recognize Sydney Everett today before the U.S. Senate Homeland Security Commit- caregivers are served by this nationally recog- Congress. I encourage Sydney to continue her tees and he serves on the State and Local nized partnership of more than 20 agencies. studies and remain committed to exploring Senior Advisory Committee to President Judge Robert Eckels is a sound fiscal con- new horizons. Bush’s Homeland Security Advisory Council. servative who has always taken a business The two articles from the St. Louis Post Dis- HEALTHCARE approach to government. Harris County ap- patch chronicling Sydney’s journey to master The population of Harris County has grown plies common sense business principles to playing the clarinet follow this tribute. considerably in recent decades and with that provide the best service at the least cost to [From the St. Louis Post-Dispatch, Sept. 30, growth has come a disproportionally large taxpayers. Under his leadership Harris County 2006] population of uninsured and underinsured. introduced private sector competition to drive LEARNING TO PLAY: WILL SYDNEY MAKE THE Judge Eckels realized long ago that the needs down the cost of government services. He led BAND? of this growing community cannot be met by the reorganization of county departments and (By Steve Giegerich) government alone. Therefore, under his lead- performance reviews, cut the number of de- It’s no accident that a poster of Miles ership, Harris County has forged strong part- partments in half, reducing service duplication, Davis is in the sight line of Bob Dorries’ stu- nerships with non-profit, private, public, and improving coordination and accountability and dents as he stands at the blackboard to re- faith-based health care providers and clinics to saving more than $14 million each year. view scales, time signatures and other rudi- coordinate medical services to the poor and Under his leadership the county’s debt was ments of music education at McKinley Clas- sical Junior Academy. indigent. The Harris County Healthcare Coun- restructured, saving more than $60 million Dorries put it there as a constant reminder cil was created to coordinate a more efficient since 1995. Confidence in Harris County’s fi- of the link between the East St. Louis jazz health care delivery system. He has, through- nancial footing has been restored. All of the icon and the potential heirs to his legacy out his tenure as County Judge, maintained major bond rating agencies have upgraded who pass through Dorries’ classroom each that the Harris County Hospital District should Harris County’s bond ratings saving taxpayers day.

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\RECORD07\E14MR7.REC E14MR7 hmoore on PRODPC68 with CONG-REC-ONLINE E542 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2007 The connection is pretty much lost on the Summoning lessons learned at elementary [From the St. Louis Post-Dispatch, Nov. 18, majority of sixth-graders enrolled in the in- school, Sydney scored an 89. 2006] strumental music program at the St. Louis The following week, Dorries asked the stu- LEARNING TO PLAY: GIFTED STUDENTS GET magnet middle school. dents who had fallen short of a passing grade NEW MOUNTAIN TO SCALE Most don’t know Miles Davis from Wolf- to review their tests and prepare to retake (By Steve Giegerich) gang Amadeus Mozart. the exam. Then he summoned Sydney to his No one will ever confuse Bob Dorries with The exception is an intense young girl in desk. Dorries’ seventh-period band class. Sydney Harold Hill, the mythical Music Man who, in ‘‘Let’s see what you can blow,’’ the teacher Everett required no introduction to Davis, another River City, bamboozled parents with said, producing an array of sanitized mouth- the man who provided much of the sound- the belief that their children could play dou- pieces for brass and woodwinds. track for her childhood. ble bell euphoniums and big bassoons—not to As parents, Sean and Deirdre Everett’s pri- ‘‘I come from the theory of music that mention 76 trombones—without learning a orities were established far in advance of every person’s mouth determines what in- single note of music. Sydney’s arrival on March 30, 1995. ‘‘Edu- strument they should play,’’ he explained. Dorries is a fundamentalist. Not in the re- cation has been the goal since her birth,’’ ‘‘It has nothing to do with intelligence, ligious sense, but of the doctrine that music said Deirdre. where you’ve come from, what school you at- is a gift learned slowly and methodically The motivation came in part by the failure tended or your ability. It’s something you through repetition. to realize their own potential. Both Sean and come to naturally. It’s the shape of your For Dorries, the instrumental music teach- Deirdre had left college without a degree. mouth.’’ er at McKinley Junior Classical Academy, a ‘‘I always felt I didn’t take full advantage The fourth generation in a family of musi- St. Louis magnet school for academically of all I had,’’ said Sean. ‘‘Now I look at the cians, Dorries’ philosophy was born of per- talented students, ‘‘Sixth grade is a kind of way the world is going, and you have to have sonal experience, a childhood dream of play- band boot camp.’’ that degree.’’ ing the trumpet shattered by the inability to Boot camp rule No. 1: Every student must From the moment she was born, music make a single sound through a cornet pass an exam testing his or her grasp of mu- danced on the periphery of Sydney’s life. mouthpiece. It wasn’t until his teacher hand- sical history, notation scales, time signa- Her father had developed an eclectic taste ed him the mouthpiece for a saxophone that tures, flats and sharps. in music as his family moved from one mili- he achieved the desired result. He was 5 and Those who pass are paired with an instru- tary base to another across the country. has played the sax ever since. ment. Those who fail are destined to take the exam until they get it right. ‘‘I listen to it all,’’ he said. And the Ever- Dorries turned to Sydney: ‘‘The lesson here For nearly 2 weeks, the first rule produced etts made sure their children did the same. is that what we think we want to play, nine a divide in Dorries’ seventh-period, sixth- Sydney and her brother, Sean Michael, their times out of 10, is not the instrument we grade instrumental music class. father said, ‘‘have an open mind toward wind up with. And looking at your overbite, On one side, the successful test-takers, B- music and life, too. I want them to experi- I’d say there’s a real good chance you’ll be flat clarinetist Sydney Everett and alto ence everything possible.’’ good at a wind instrument.’’ Between the birth of his first and second saxophonists Megan Ratcliff and Nick First, however, Sydney needed to learn the Wiegand, attacked the beginning exercises in children, Sean bought a used trumpet at a same lesson instilled in Dorries. secondhand store. Book One of the ‘‘Standard of Excellence— Though he’d dabbled with the guitar in She blew into a trombone mouthpiece. Comprehensive Band Method’’ and its com- high school, he’d never learned to read Nothing. Same with the mouthpiece for a panion CD. music. He still can’t. But he taught himself cornet. All hope of following in the footsteps Across the room, the others found inspira- to play that trumpet by emulating chords of her dad and Miles Davis vanished, she tion and passed the test one by one. and riffs of the musician he admires above slumped a bit in her chair. All things being relative, Sydney was vir- all others: Miles Davis. Dorries handed her a mouthpiece and a tuoso by the time Jonathan Brooks added a When Sean Everett’s daughter took a seat clarinet reed and demonstrated how to trombone, Shaunice Safford a flute, Kaelan in Dorries’ band room a month ago, her own moisten it. ‘‘Blow,’’ he instructed. Moorehead a B-flat clarinet and Wolfgang Fortel a trumpet to the seventh-period en- experience as a musician was limited to a A duck call broke the quiet of the room. semble. month of piano lessons, family Karaoke sing- ‘‘It’s called a squawk, that’s what we’re alongs at Christmastime and a class at That Sydney’s virtuosity occurred on a after,’’ said Dorries. Sydney sat straighter, clarinet was a bit unexpected. Sydney had Kennard Elementary School that taught the blew into the mouthpiece. Squawk. 12-tone musical scale. intended to take up the trumpet, the instru- All eyes on their classmate, the rest of the Over the summer, Sydney toyed with the ment her father had played during her form- students stopped studying. Dorries held Syd- idea of enrolling in McKinley’s vocal music ative years. ney’s cheeks to prevent them from puffing program, a notion she ultimately rejected. ‘‘I Her dream of emulating her dad and Miles out. ‘‘Roll the mouthpiece over in your knew I couldn’t sing,’’ she said. Davis ended when Dorries determined that mouth,’’ he said gently. On the day she walked into Dorries’ class the shape of her mouth was more conducive for the first time, Sydney was just as sure Sydney blew. Squawk. to a woodwind. Upon receiving her instru- she knew which instrument she wanted to Her classmates applauded and whooped. ment, Sydney had no problem adhering to play: the trumpet, like her dad. Sydney smiled. boot camp rule No.2: self-discipline. ‘‘I only have you twice a week for 50 min- ‘‘Just to hear music in the house will be After auditioning two more mouthpieces, nice,’’ said Sean Everett. ‘‘Music opens up so utes,’’ Dorries points out at least, well, twice she ruled out the saxophone and flute and a week. ‘‘I can help you when you’re here. many horizons. She’ll meet so many char- chose the instrument her mother had played, acters playing music, and it’s such a release. But there’s seven of you and one of me.’’ long ago, at O’Fallon Technical High. Translation: The real learning takes place Who knows? She could wind up joining an or- ‘‘I want the clarinet,’’ Sydney told her 30 minutes at a time. And it takes place at chestra, seeing the world.’’ teacher. ‘‘I like the way it sounds.’’ home. Due diligence is documented in prac- Before that can happen, Sydney must learn tice reports, signed by parents and delivered an instrument. ‘‘I think that’s a wise choice, either that or the flute,’’ he responded. ‘‘With your mouth to Dorries every other week. LEARNING THE NOTES structure, you belong on a wind instrument. The exemplary practice reports are posted Impish and sarcastic, music teacher You have lovely cheeks.’’ on a ‘‘Wall of Fame.’’ Less-than-satisfactory Dorries often plays the theme from ‘‘Final Dorries excused himself and retreated to reports land on a ‘‘Wall of Shame.’’ Dorries Jeopardy!’’ on the classroom synthesizer as an adjoining supply room, emerging a mo- is characteristically blunt: students ponder a question. Dorries, 43, has a ment later with a small black case. Kids who don’t practice won’t participate firm set of rules and little tolerance for in rehearsals, won’t perform in concert and Eyes wide, Sydney watched as Dorries those who break them. won’t pass his class. slowly revealed the contents of the black Rule No.1 for sixth-graders: Before receiv- Quiet and intense by nature, Sydney exhib- case: a coal-black Yamaha clarinet nestled ing an instrument, they must score an 80 or ited a preternatural ability to figure things unassembled on a bed of molded velvet. above on a 60–question exam that tests their out on her own from the time she was in pre- knowledge of the categories of band instru- He handed her a form. The clarinet, he ex- kindergarten. When she took up the clarinet ments, musical history and, critically, the plained, belongs to the St. Louis Public this year, there was little need for her par- l2-tone notation scale. Schools. After her parents gave written as- ents, Shawn and Deirdre Everett, to remind The payoff for those who obey the rules, surance that it would receive proper care, their daughter to practice. practice and stay the course is a chair in one the instrument would be hers to take home. Barely a week after receiving her clarinet, of McKinley’s four bands, which perform two Sydney slipped the piece of paper into a Sydney jumped ahead in the book to teach concerts a year. notebook just as the bell rang. Hefting her herself ‘‘Hot Cross Buns,’’ a song incor- The students get as many opportunities as books, she headed for the door, her next class porating the three notes—E–C–D she’d necessary to pass the exam. Most need it. and the next phase of the journey envisioned learned to date. Rare is the student who hits the magic score by Sean and Deirdre Everett, long before So, too, had Megan, who’d also skipped to of 80 the first time. their daughter was born. the lesson in her saxophone book. Best

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\RECORD07\E14MR7.REC E14MR7 hmoore on PRODPC68 with CONG-REC-ONLINE March 14, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E543 friends since first grade, Sydney and Megan the Third Congressional District of Tennessee, SUPPORT FOR 2007 SUPPLE- are equals in all ways but one: When it Kaylee Marie Radzyminski, of Cleveland, Ten- MENTAL APPROPRIATIONS BILL comes to decibels, Megan’s instrument nessee. Kaylee is an incredibly special young trumps Sydney’s. ‘‘I don’t like the music we play in class lady with great ambitions and a strong sense HON. NANCY E. BOYDA that much because I can’t hear myself,’’ said of pride in her country and her military. OF KANSAS Sydney. ‘‘It’s the CD and Megan. They drown Kaylee joined the United States Naval Sea IN THE HOUSE OF REPRESENTATIVES me out.’’ Cadet Corp in December 2002 and has be- Wednesday, March 14, 2007 Along with classmate Nick—who learned friended many of our men and women in uni- the rudiments of his saxophone over the form as she has traveled to our military bases Mrs. BOYDA of Kansas. Madam Speaker, I summer—Megan and Sydney established rise today in support of the upcoming 2007 fis- themselves as the tone-setters (so to speak) and met with our soldiers first hand. In talking with some soldiers who had just returned from cal year supplemental appropriations bill. of the seventh period. Much of the debate on this bill has focused, RULE NO. 3 Iraq, she learned that among the things they missed while away from home was entertain- quite rightly, on the provisions that codify The third rule of sixth-grade boot camp President Bush’s benchmarks for Iraq into law. stipulates that students must learn to as- ment. So when Kaylee was 14 years old, she semble, disassemble and properly store the started an organization known today as Tunes This is an important subject that I plan to dis- instrument in its carrying case before they 4 the Troops which consists of her collecting cuss in depth later this week. blow a single note. compact discs and DVDs and sending them to But today I wish to spotlight another ele- With Dorries preoccupied with Shaunice our soldiers who are defending our country. ment of this legislation, one that offers re- and her flute, Sydney stepped into the newed hope and opportunity to millions of chil- breach. As of last week, Kaylee has sent over dren in Kansas and throughout the United Turning to fellow clarinetist Kaelan, she 25,000 CDs and DVDs with a value of over States: the extension of the State Children’s reviewed the rudiments of clarinet assembly $375,000.00. Kaylee has raised over $19,000 and disassembly she’d learned just weeks be- Health Insurance Program, or SCHIP. in cash, goods, and services. The Tennessee If you are fortunate enough to have health fore. Titans NFL team sent her $4,000 and Outback ‘‘Mr. Dorries was helping Shaunice,’’ she coverage, you might not realize what peace of explained later. ‘‘And (Kaelan) was doing it Steak House provided her with 300 free meals mind insurance brings. You don’t worry that wrong. I was afraid that Mr. Dorries would recently for a fundraiser where she raised over your child will wake up with an ear infection yell at him, so I helped out.’’ $5,000. The money pays for cases, printing, that will cost a month’s rent. You need not ‘‘Besides,’’ she added with a smile, ‘‘I was and shipping costs. So many others are pitch- fear that the price of a broken leg will force bored.’’ ing in now . . . a box manufacturer in Ohio Not for long. you to default on your auto loan, or that the donates all the boxes and tape; David Smith, injuries from a car crash will obliterate a year’s BIG NEWS owner of Dick’s Graphics in Cleveland, Ten- salary. In the first week of this month, Dorries nessee, does all the printing at cost; Cleve- But for many Americans, these fears are a cleared his throat and waited for the din to land News Now.net, a media group in Cleve- die down. fact of daily life. Forty-seven million of our fel- The acerbic band director smiled broadly, land, has given Kaylee office space with all low citizens—47 million of our brothers and clearly reflecting his pleasure at the an- utilities and Internet access as well as a com- sisters and our sons and daughters, 47 million nouncement: ‘‘We’ve decided to let the Be- puter to use there for 2 years; Cleveland High of our coworkers and colleagues and our ginning Band butcher the holiday concert.’’ School, her sponsor in this endeavor, has friends and neighbors—47 million of us lack ‘‘Jingle Bells,’’ he added, ‘‘will be the piece given Kaylee a checking account at school to health insurance. sacrificed on the altar of music.’’ facilitate the bookkeeping. Dorries paused. There was more news. Worst of all, among those 47 million unin- Three students in the class, he continued, Kaylee has set up drop-off locations all over sured Americans are nine million children. would not be joining the beginning band. Bradley County including the Armed Forces This is not just an economic or an institu- The class shifted nervously, wondering who Recruiting Offices, Award Realty, Bradley tional challenge. It is the moral crisis of our would be excluded and why. County Courthouse, Circuit Court Clerk’s Of- age. ‘‘Sydney Everett, congratulations. Megan fice, Cleveland City Mayor Tom Rowland’s Of- The Federal Government has addressed Ratcliff, congratulations. Nick Wiegand, fice, Cleveland High School, Dick’s Graphics, this simmering emergency through two pri- congratulations,’’ Dorries said. ‘‘I’m about to hand you three pieces of music. You’ll Bradley County Justice Center, and Southern mary means. The first is decades-old and continue to work from the red book in class Heritage Bank. As of this March, Kaylee has well-known: Medicaid. Medicaid is a good and here. These three other pieces are from the set up 27 other locations across the country to vital program, but its scope is very limited. In blue book. The three of you are in Inter- collect more CDs and DVDs for Tunes 4 the some states, if your family earns one dollar mediate Band.’’ Troops with over 20 more boxes scheduled for less than the poverty line, you will receive full The first thing Sydney noticed when she delivery in combat zones this month. Medicaid coverage—but if you earn just a few glanced at the music—‘‘Jingle Bell Rock,’’ dollars more, you’re ineligible for any assist- ‘‘Joyeux Noel’’ and ‘‘Tequila’’—were the Madam Speaker, 15-year-old Kaylee chords. Radzyminski understands that she is the fu- ance whatsoever. Dorries picked up on her hesitation. ture of America and that she can look forward A sane health care policy must recognize ‘‘I’m going to warn you, there are some to her future because of the sacrifices made that families. earning 125% or 150% or even notes in there you haven’t learned yet,’’ he for her and all Americans. I’m so proud to rep- 200% of the poverty line need a helping hand. said. resent Kaylee who is using her voice to say And that’s where the State Children’s Health Sydney studied the music. ‘‘Can we write Insurance Program, or SCHIP, enters the on the music?’’ she asked. ‘‘thank you’’ to all those serving in the Armed Dorries looked at her. In 6 weeks, he knew, Forces of the United States of America! scene. SCHIP introduces badly needed flexi- Sydney would take her seat on a stage before bility into the Federal health care system. In friends, family, teachers and classmates. She f short, it tells the states, ‘‘If you want to expand would lift a mouthpiece between her teeth the eligibility of low-income children and fami- and play an instrument which, when the se- PERSONAL EXPLANATION lies for government-sponsored health insur- mester began, she knew existed but hardly ance, we’ll offer matching funds to help you do understood. it.’’ ‘‘You surely can,’’ Dorries told his student. HON. TAMMY BALDWIN In the decade since its inception, SCHIP ‘‘Just make sure you use pencil.’’ OF WISCONSIN has proven itself an outstanding success. It f has enrolled six million beneficiaries, dramati- IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO KAYLEE MARIE cally reducing the number of uninsured chil- RADZYMINSKI Wednesday, March 14, 2007 dren in our nation. Later in this legislative session, Congress Ms. BALDWIN. Madam Speaker, I regret will consider extending SCHIP beyond 2007, HON. ZACH WAMP that due to an illness, I missed recorded votes OF TENNESSEE and you’d better believe I’ll fight every step of on March 12, 2007 and March 13, 2007. the way for its renewal. But for now our task IN THE HOUSE OF REPRESENTATIVES Had I been present on those days, I would is simpler. Due to poor planning and inad- Wednesday, March 14, 2007 have voted in support of H.R. 85, H. Res. 136, equate funding from the do-nothing 109th Mr. WAMP. Madam Speaker, I rise today to H. Res. 89, H. Res. 64, H. Res. 228, and H. Congress, 14 states are running out of money acknowledge an outstanding young lady from Res. 222. to finance SCHIP through the current fiscal

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\RECORD07\E14MR7.REC E14MR7 hmoore on PRODPC68 with CONG-REC-ONLINE E544 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2007 year. They need Congress to act immediately Guerrero, who follows her father and her our nation. African American baseball players to ensure funding. brother as President, Chief Executive Officer, were an important part of breaking down bar- I urge my colleagues to show our compas- and Chairman of the Board of the Bank of riers, reducing prejudice, and moving the sion for America’s children, to demonstrate Guam. Ms. Leon Guerrero has served in this country towards integration, fairness, and that we will not tolerate the scourge of capacity since March 31, 2006, and though equality. And because of their talent and de- uninsurance. I urge you to vote to extend her service at the helm of the Bank of Guam termination, Major League Baseball finally in- funding for SCHIP. has been brief, she carries forward the vision- tegrated in 1959, 40 years after the formation f ary and dedicated leadership and work ethic of the Negro Baseball League. which have been the hallmarks of the Bank of While the 4th District was never home to an PERSONAL EXPLANATION Guam since its establishment 35 years ago. official Negro baseball team designated by the These hallmarks have consistently character- Negro League, which began in 1920, it was HON. TIMOTHY WALBERG ized the leaders and the employees of the home to the St. Paul Gophers. The team was OF MICHIGAN Bank of Guam since its chartering on March formed in 1907, long before the official Negro IN THE HOUSE OF REPRESENTATIVES 13, 1972 and have given rise to the Bank’s League was created, and with the likes of Bobby Marshall, a stand-out at the University Wednesday, March 14, 2007 reputation as one of the leading and most successful financial institutions in the Pacific. Last of Minnesota in three sports, they went on to Mr. WALBERG. Madam Speaker, I would year, the Bank was named by the Guam win the unofficial championship in 1909 like to submit to the record that my vote on H. Chamber of Commerce as Business Laureate against the Chicago Leland Giants. Minnesota Res. 228, Recognizing the 186th anniversary of the Year and was enrolled into the Guam was also home to Minneapolis Keystones, an of the independence of Greece and cele- Business Hall of Fame. Today, the leadership all-black men’s team that also played in the brating Greek and American Democracy, was of the late Mr. Jesus S. Leon Guerrero and early 1900’s and, in 1944, the Minneapolis not recorded yesterday. May the record show the Bank of Guam’s service to our community Millerettes, a member of All-American Girls that I would have voted ‘‘yea’’ on H. Res. 228. continues to be celebrated and recognized by Baseball League. Even though these teams f the people of Guam. played for only a short time, they remain an After working for the Bank of America for important part of the history of our state and EXPRESSING SUPPORT OF THE many years, Jesus struck out on his own in a testament to the value of inclusion in our HOUSE FOR THE GOOD FRIDAY 1972 to charter a new and locally-organized communities. AGREEMENT bank for our island community—an endeavor I am proud to support for H. Res. 162 and to recognize the enormous achievements by SPEECH OF that seemed nearly impossible at the time. But Jesus never gave up and his confidence in the African American athletes throughout our Na- HON. JERRY F. COSTELLO future of Guam and in the people of our island tion’s history. OF ILLINOIS never wavered. It was his vision, his drive, f IN THE HOUSE OF REPRESENTATIVES and his confidence that led to the chartering of RECOGNIZING THE CONTRIBU- Tuesday, March 13, 2007 a community bank for the people of Guam. TIONS MADE BY THE NURSING Upon Jesus’s death in 2002, his son An- PROFESSION Mr. COSTELLO. Mr. Speaker, I rise today in thony took the reins of leadership at the Bank support of H. Res. 222, the Good Friday of Guam. During that same year, Guam was HON. DAVID LOEBSACK Agreement for Northern Ireland. . hit by Typhoon Chata’an in July, a powerful The United States stands committed to a OF IOWA earthquake in October, and Supertyphoon IN THE HOUSE OF REPRESENTATIVES peaceful resolution of the conflict which has Pongsona in December. Still grieving, Anthony plagued Northern Ireland for the past quarter rose to the occasion and proved himself a Wednesday, March 14, 2007 century. The last twelve months have indeed worthy successor of his father. Anthony met Mr. LOEBSACK. Madam Speaker, I call at- seen historic developments which have raised and conquered every challenge except one: tention to the important and essential role that hopes that at long last the parties to the con- he lost his battle against cancer in 2004. Je- nurses play in providing quality heath care flict in Northern Ireland are working together to sus’s daughter Lourdes was called to assume across our Nation. Nurses are the health pro- forge reconciliation. the mantle of leadership of the Bank. A leader fessionals involved on the front lines of caring Today, I strongly support H. Res. 222, to in her own right, as a Senator in the Guam for Americans. Our Nation’s health care sys- show strong support for the 1998 Good Friday Legislature for several terms, Lourdes did not tem is complex and every day people with all Agreement as the blueprint for a lasting peace hesitate and the transfer of the Bank’s leader- types of needs are served by legions of car- in Northern Ireland. The measure continues to ship was seamless and unfaltering. ing, qualified and professional nurses. They support the St. Andrews Agreement of Octo- The Bank of Guam has grown over the past are integral to our Nation’s heath care delivery ber 2006 and commends British Prime Min- 35 years in meeting the banking, financing, system. ister Tony Blair and Irish Taoiseach Bertie and insurance needs of the people of Guam I believe every person can remember an ex- Ahern for their leadership and persistence in and the greater Micronesia region. Today, the perience when someone they loved needed seeking a peaceful resolution in Northern Ire- Bank of Guam, a publicly-traded company, heath care and a nurse was the first person land. has a presence on nearly every island in the by their side providing care and comfort. We Mr. Speaker, we must continue to advocate region and in San Francisco, California. Such all know someone who works in the field of for the achievement of peace, justice, human is the legacy of Jesus S. and Anthony A. Leon nursing and the commitment they make to rights and political stability in Northern Ireland. Guerrero and the challenge for Lourdes A. their profession, despite extraordinary chal- That is why I urge my colleagues to support Leon Guerrero, the officers and employees of lenges everyday. H. Res. 222. the Bank of Guam. We are confident that the The Nurse in Washington Internship pro- f leadership and the employees of the Bank of gram has brought more than 100 representa- Guam will continue to meet these challenges. tives of this noble field to our Nation’s Capitol RECOGNIZING A TRADITION OF f this week to give voice to their needs and ex- LEADERSHIP IN THE GUAM COM- perience. They see more of our constituents MUNITY TRIBUTE TO NEGRO BASEBALL and care for more of our children then we will LEAGUE ever meet and we should listen and respect HON. MADELEINE Z. BORDALLO their views. OF GUAM HON. BETTY McCOLLUM An adequate supply of nurses is essential to IN THE HOUSE OF REPRESENTATIVES OF MINNESOTA ensuring that all people receive quality care IN THE HOUSE OF REPRESENTATIVES and that our Nation’s public health infrastruc- Wednesday, March 14, 2007 ture has the professionals necessary to re- Ms. BORDALLO. Madam Speaker, I rise Wednesday, March 14, 2007 spond to natural and manmade disasters. The today to commemorate the late Jesus S. Leon Ms. MCCOLLUM of Minnesota. Madam Department of Health and Human Services Guerrero’s legacy of leadership that was car- Speaker, I rise to express my profound re- (HHS) projects that today’s 10 percent va- ried on with distinction by his son, the late An- spect and admiration to all the members of the cancy rate in registered nurses will grow to 36 thony A. Leon Guerrero, and that now con- Negro Baseball League. These athletes con- percent by 2020, representing more than one tinues with his daughter, Ms. Lourdes A. Leon tributed greatly to the sport of baseball and to million unfilled jobs.

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\RECORD07\E14MR7.REC E14MR7 hmoore on PRODPC68 with CONG-REC-ONLINE March 14, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E545 Additional Congressional leadership, ongo- we prepare to recognize National Women and impossible. One critical avenue of research is ing support and federal funding is necessary Girls HIV/AIDS Awareness Day on March the development of safe, effective and ac- to ensure that the nation has an adequate 10th, I am proud to introduce the Microbicide ceptable topical microbicides—gels, creams supply of nurses to care for the patients of and foams that could be used prior to sexual Development Act. This legislation will advance intercourse to prevent infection with HIV today and tomorrow. and accelerate efforts to develop an effective and other sexually transmitted pathogens. f microbicide product to protect against HIV in- The development of these woman-controlled fection. While the primary users of agents is a top HIV/AIDS research priority of PERSONAL EXPLANATION microbicides will be women, an effective the National Institutes of Health (NIH).’’ microbicide would also make significant con- Current prevention approaches are not prac- HON. JERRY WELLER tributions to the reduction of HIV infections tical for everyone, particularly women. The OF ILLINOIS among men and among infants. major route of transmission for HIV around the IN THE HOUSE OF REPRESENTATIVES The Microbicide Development Act will bol- globe is heterosexual sex. Abstinence is often Wednesday, March 14, 2007 ster and coordinate microbicide research and not an option for women. Around the globe, Mr. WELLER of Illinois. Madam Speaker, I development programs at the National Insti- unmarried women are not always in the posi- rise today to enter into the RECORD votes I tutes of Health (NIH), the U.S. Agency for tion to refuse sexual advances and may be would have cast had I been present on the International Development (USAID), and the the victims of violence. Married women are legislative days of March 12th and March 13th Centers for Disease Control and Prevention rarely in the position to be able to refuse sex- for rollcall votes 136 through 141. (CDC). Specifically, this legislation would es- ual advances of their husbands, even if they If I were present I would have voted ‘‘yea’’ tablish for the first time a clearly-defined know that their spouse is infected. on rollcall vote 136, ‘‘yea’’ on rollcall vote 137, branch dedicated to microbicide research and Many women who are infected with HIV or ‘‘yea’’ on rollcall vote 138, ‘‘yea’’ on rollcall development at the NIH and require the devel- at risk for infection are monogamous and do vote 139, ‘‘yea’’ on rollcall vote 140, and ‘‘yea’’ opment of a strategic plan to expedite re- not practice high risk behaviors. Frequently, on rollcall vote 141. search. they are married or in committed relationships f In the 25 years of the HIV/AIDS pandemic, in which they are placed at risk by the behav- more than 25 million people have died from ior of their male partner, which they have lim- IN HONOR OF PHILLIP CONNELLY HIV/AIDS. Among persons aged 15 to 59, ited power to change. HIV/AIDS is the leading cause of death world- Condoms represent the most effective pre- HON. ALBIO SIRES wide. With nearly 40 million people living with vention technology currently available. How- OF NEW JERSEY HIV/AIDS worldwide and more than 4 million ever, male condoms require male cooperation IN THE HOUSE OF REPRESENTATIVES new HIV infections in 2006 alone, HIV/AIDS and even female condoms require the consent Wednesday, March 14, 2007 continues to be a major global health problem, and cooperation of male partners, placing Mr. SIRES. Madam Speaker, I rise today to threatening the economic, social, and political women’s risk for HIV infection under the initi- honor Phillip Connelly for his service to thou- stability of many nations. ation and control of men. Women, particularly Unfortunately, there is today no cure for HIV sands of professors and students as well as married women and those women in com- or AIDS and no magic bullet for prevention. In for his years in the Navy and in public service. mitted relationships, are often powerless to in- Mr. Connelly is also an outstanding represent- the global fight against HIV/AIDS, scientists sist on or even request condom use by their ative of the Irish-American community of the have stressed the need for a comprehensive male partner. Such requests can be inter- city of Bayonne. approach that includes care and treatment for preted as evidence of infidelity on the wom- Phillip Connelly is vice president of Adminis- individuals already infected as well as a range an’s part or accusations of infidelity on the tration and Finance at Kean University in of prevention strategies to stop further spread man’s part, either of which can result in seri- Union, NJ. Mr. Connelly is responsible for mul- of the disease. Microbicides represent a crit- ous penalties for women, including violence. tiple vital departments of the university that as- ical strategy within this comprehensive ap- Topical microbicides represent a woman-ini- sist in the learning and welfare of 13,000 stu- proach to the HIV/AIDS epidemic, particularly tiated method of prevention that would not re- dents and 12,000 employees. for women. With women accounting for nearly quire cooperation from a male partner and Mr. Connelly spent most of his professional half (48 percent) of all HIV/AIDS cases across may even permit conception. Microbicides are career as a dedicated public servant. For 7 the globe and nearly 60 percent of all HIV/ a class of products under development that years, Mr. Connelly was the business adminis- AIDS cases (76 percent of HIV/AIDS cases could be applied topically to prevent the trator of the city of Elizabeth, the fourth largest among 15–24 year olds) in sub-Saharan Afri- spread of HIV infection. Microbicides may municipality in the State. His experience in ca, HIV prevention technologies meeting the eventually take the form of gels, creams, and public service was acquired early on as ac- special needs of women are increasingly im- films, and be used in cervical caps, pre-loaded countant for the city of Bayonne. Mr. Connelly portant. In some areas of sub-Saharan Africa diaphragms, or rings. These methods may be was promoted to assistant and business ad- and the Caribbean, infection rates among invisible to male partners, which would allow ministrator. During that time, Mr. Connelly was young women are up to six times higher than women to use these products with or without elected to the Hudson County Board of Cho- among young men. The devastating impact of the knowledge of her partner. While the con- sen Freeholders, where he served for 3 years. HIV/AIDS on women is certainly not limited to traceptive effects of barrier methods such as Phillip Connelly traces his Irish heritage to third world nations. HIV/AIDS is also a major condoms present an obstacle for women who County Fermanagh where both his mother and problem for women in the United States, as want to or are expected to bear children, grandmother were born. Mr. Connelly is AIDS is the leading cause of death for African microbicides may be available in both contra- known as being dedicated and loyal. For his American women between the ages of 25 and ceptive and non-contraceptive formulas. With contributions to the Irish-American community 34 in the United States. the ability to discreetly protect themselves and he is being honored with the ‘‘Friends of Brian Dr. Anthony Fauci, Director of the National the potential to continue to bear children Boru 2007 Man of the Year Award.’’ Institutes of Allergy and Infectious Disease of unimpeded, microbicides address the reality of Let us honor this accomplished native and the NIH, has emphasized the role of gender women’s prevention needs. resident of Bayonne, and join me in congratu- inequality in fueling the HIV/AIDS epidemic Mathematical models predict that even a lating his wife Maryann and son Patrick for the among women and the need to empower partially effective microbicide could prevent 2.5 distinction bestowed upon this outstanding women with strategies over which they have million infections over 3 years and that gradual New Jersey family. control. In a March statement recognizing Na- introduction of newer and better microbicides f tional Women and Girls HIV/AIDS Awareness could ultimately save a generation of women. INTRODUCTION OF THE Day, he stated: In addition, several prominent scientists antici- MICROBICIDE DEVELOPMENT ACT ‘‘Globally, the vast majority of women pate that an effective microbicide will be avail- with HIV/AIDS became infected through het- able within the next 5 to 7 years. Significant erosexual intercourse, frequently in settings advances have been made in the develop- HON. JANICE D. SCHAKOWSKY where saying no to sex or insisting on ment of microbicides in recent years. By the OF ILLINOIS condom use is not an option because of cul- end of 2006, there were 36 organizations in- IN THE HOUSE OF REPRESENTATIVES tural factors, lack of financial independence, volved in microbicide R&D, with 10 Wednesday, March 14, 2007 and even the threat of violence. These issues compel us to develop HIV prevention tools microbicide candidates currently in clinical de- Ms. SCHAKOWSKY. Madam Speaker, that women can use in situations when nego- velopment and over 30 in preclinical develop- today, on International Women’s Day and as tiating with sexual partners is difficult or ment. We cannot let this momentum slow; we

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\RECORD07\E14MR7.REC E14MR7 hmoore on PRODPC68 with CONG-REC-ONLINE E546 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2007 must continue to prioritize microbicide re- burn Housing Authority received more than $4 continues to point some 900 ballistic missiles search and development since an effective million in Federal funding for the construction at Taiwan and continues to ramp up its mili- microbicide is within our reach. of the 60-unit Stoneville Heights Development. tary spending and its military activities—none The Microbicide Development Act affirms Pat also presided over the expansion of the of this indicates that China is pursuing a our commitment to microbicide research and Packachoag Village Development and coura- peaceful settlement with its neighbor across to the women whose lives will be saved by geously shepherded the Pheasant Court Fam- the strait. microbicides in the future. The global commu- ily Housing Project to its completion. Her con- Madam Speaker, the truth is that Taiwan nity supports microbicide research. Around the stant care and compassion for Auburn’s elder- and China are not united. They are not ‘‘one world, there is heightened attention to the ur- ly and less fortunate is renowned. A woman of country’’ as the communists in Beijing are so gency of meeting the unique prevention needs extraordinary faith, Pat’s legacy of public serv- fond of asserting. If they were there would be of women. For the past few years, G8 ice is nothing short of inspiring and serves as no talk of ‘‘unification.’’ China must accept that communique´s and UN declarations have listed a sterling example of what one person can ac- it does not have jurisdiction over Taiwan, and microbicides high among key global health pri- complish on behalf of others. abandon this kind of counter-productive saber orities requiring focus and support. Numerous Charlie and Joan Baker are among the most rattling. governments and donors have provided fund- devoted democratic activists the Common- I hope that the family of free nations will join ing for microbicide development, including Bel- wealth of Massachusetts has ever produced. me in condemning the ‘‘anti-secession law’’ gium, Canada, Denmark, France, Germany, Their tireless efforts on behalf of dozens of with a unified voice, making it clear to China Ireland, Netherlands, Norway, Sweden, United democratic candidates for local, State and na- that any resolution of cross-straits tensions Kingdom, United States, European Commis- tional office now span more than half a cen- must be peaceful and above all acceptable to sion, World Bank, the Rockefeller Foundation, tury. I have personally benefited from their the people of Taiwan. and the Bill & Melinda Gates Foundation. wise counsel and steadfast support and will f Within our own Nation, the Microbicide Devel- forever be grateful for their loyalty. Few cou- opment Act has garnered the support of over ples can lay claim to having helped elect as IN RECOGNITION OF THE 100TH 120 community groups, including the AIDS many leaders as Charlie and Joan Baker. The BIRTHDAY OF THE HONORABLE Foundation of Chicago, the American Public only reward they have ever sought was the WYATT BROWNLEE Health Association, the Global Campaign for quiet pride and satisfaction of having sup- Microbicides, the Guttmacher Institute, the Na- ported good and decent people for public of- HON. STEPHANIE TUBBS JONES tional Alliance of State and Territorial AIDS Di- fice. Charlie and Joan’s political activism is ri- OF OHIO rectors, the National Minority AIDS Council, valed only by their combined record of service IN THE HOUSE OF REPRESENTATIVES and the National Women’s Health Network. to the Town of Auburn. Charlie’s tenure as a Wednesday, March 14, 2007 On this day, International Women’s Day, we town meeting member, selectmen and now need to take a firm stand to validate and af- Town Moderator is without equal. Joan also Mrs. JONES of Ohio. Madam Speaker, I firm the rights of women across the globe. served as a town meeting member and to- rise today in celebration of the 100th birthday This legislation recognizes the feminization of gether they are widely regarded by many as of a living legend from my Congressional Dis- the HIV/AIDS epidemic and the important role the ‘‘first couple’’ of Auburn. trict, Judge Wyatt C. Brownlee. Born in that gender inequity plays in the increasing Madam Speaker, Patricia Bukoski, Charlie Hodges, S.C., one of 11 children born to rates of infection among women. It addresses Baker, and Joan Baker are richly deserving of James and Elizabeth Brownlee, Judge those gender inequities by recognizing the re- the recognition bestowed upon them tonight Brownlee is the last living sibling of the family ality of women’s lives and providing women by the Auburn Democratic Town Committee. which migrated to Cleveland in 1921. His life with tools to protect themselves within the The United States of America owes each of has been an example of the power of coura- context of this reality. Microbicides represent a them a debt of gratitude for their service and geous determination and faith in God. woman-initiated and woman-controlled method I humbly offer the congratulations of the U.S. Judge Brownlee attended Cleveland Public of prevention that will allow women to protect House of Representatives to them on this very Schools, but was forced to drop out of themselves from HIV even in settings where special occasion. Kennard Junior High School to help support his family. Because of his desire for an edu- negotiation with male sexual partners is dif- f ficult or impossible. This legislation dem- cation, he attended night school, part time, onstrates that we, as a Nation, value women CHINA’S ‘‘ANTI-SECESSION’’ LAW until he received his high school diploma. His and it will take the necessary steps to protect quest for knowledge continued and he grad- their lives and their futures. HON. THOMAS G. TANCREDO uated from: ‘‘FDR’’ Junior College in 1936; Fenn College (Cleveland State University) in f OF COLORADO IN THE HOUSE OF REPRESENTATIVES 1940; and Cleveland Marshall Law School in HONORING AUBURN, MASSACHU- 1944. SETTS DEMOCRATIC TOWN COM- Wednesday, March 14, 2007 During his distinguished legal career he MITTEE AWARD RECIPIENTS Mr. TANCREDO. Madam Speaker, it has served as an Ohio Assistant Attorney General; been two years since the ‘‘legislature’’ of the Cleveland City Prosecutor and acting City Law HON. JAMES P. McGOVERN People’s Republic of China passed the so- Director. In 1957 he was appointed Cleveland OF MASSACHUSETTS called ‘‘anti-secession’’ law. The enactment of Municipal Court Referee, and in 1977 he was IN THE HOUSE OF REPRESENTATIVES this law by China’s rubber-stamp parliament appointed Cleveland Municipal Court Judge, represented a clear-cut, belligerent and dan- where he served until his 1981 retirement. Wednesday, March 14, 2007 gerous step toward a military attack of a Judge Brownlee continued private practice Mr. MCGOVERN. Madam Speaker, I rise peaceful and democratic ally of the United after retirement. today to pay tribute to three outstanding citi- States. Moreover, it underscored once again Judge Brownlee has been involved in his zens from the Town of Auburn, MA, a commu- that the government in Beijing is not sincere community and has been recognized in nity I am both privileged and proud to rep- about resolving its differences with Taiwan in ‘‘Who’s Who in the National Bar Association,’’ resent in the U.S. Congress. Tonight the Au- a peaceful or rational manner. ‘‘Who’s Who in American Law,’’ and he has burn Democratic Town Committee will right- America’s position is clear: Any change in been honored by Black Lawyers and Black fully recognize Patricia Bukoski with its FDR the status quo between the People’s Republic Judges. He is a member of Phi Beta Sigma Outstanding Public Service Award, and of China and Taiwan must have the assent of Fraternity, Inc., Prince Hall Masonic Organiza- Charles and Joan Baker with its Democratic the people of Taiwan. As such, resolving the tion, and is a lifetime member of the Cleveland Lifetime Achievement Award at their annual differences between these two nations can Marshall Alumni Association. Irish Night Dinner. I regret that rollcall votes only be achieved through honest and direct Therefore, on behalf of the United States prevent me from attending the event to per- state-to-state negotiations without pre- Congress and the citizens of the 11th Con- sonally congratulate them for their remarkable conditions. They cannot be resolved by intimi- gressional District, Ohio, I extend Happy 100th contributions to the greater Auburn commu- dation, indignant bluster or threats of military birthday wishes to the Honorable Wyatt C. nity. force from Beijing. Brownlee. Thank you, for being friend, teach- Pat Bukoski is synonymous with the Auburn Unfortunately, in the two years since Beijing er, and role model for so many of us. Judge Housing Authority having directed the agency created this ‘‘legal framework’’ for starting a Brownlee made an indelible imprint on my life. for fully 28 years. During her tenure, the Au- war with Taiwan, little has changed. China As a young lawyer, he nurtured me. When I

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\RECORD07\E14MR7.REC E14MR7 hmoore on PRODPC68 with CONG-REC-ONLINE March 14, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E547 became a judge, he mentored me. As a pros- On March 8, 2004, Iraqi leaders signed the only of themselves, Fern was willing to die for ecutor, he counseled me. As a legislator, he interim constitution that included Fern’s provi- something she believed in; people. And be- influenced me. I count him among the people sion. Women in Iraq now had more than just cause of that, her life and work means some- who kept the wind beneath my wings. I pray a seat at the table, they had a say in Iraq’s fu- thing . . . it means others can live in a better God will continue to bless him. We love you. ture. Fern was able to see her hard work world. f come to fruition, but only for a day. Her work We tend to throw around the word ‘‘hero’’ on behalf of people she did not know, and alot these days. But I have learned that they PERSONAL EXPLANATION who did not know her, led to her death. are not on the sports field or on the TV or on In February 2003, I met Fern. I was looking the movie screen. They are the people who HON. JERRY WELLER for a place on the Hill as a young staffer, and sacrifice for others; who die for others if need OF ILLINOIS I wound up subleasing her room while she be. Fern Holland will forever be one of my he- IN THE HOUSE OF REPRESENTATIVES went to work on projects in Africa. She had roes. And I wrote this today so that others Wednesday, March 14, 2007 worked previously in the Peace Corps in Afri- might know the work she did, and the life she ca and headed back to continue the work she led, because Fern deserves to be remem- Mr. WELLER. Madam Speaker, I was un- had started when I took over her lease. Her bered. able to be present on Monday and Tuesday of work in Africa led to the establishment of a f this week and missed the following votes: legal clinic for women who had been sexually . exploited. At the time of her death in 2004, the IN MEMORY OF BOBBY Rollcall No. 136, Motion to suspend the clinic had handled 118 cases including rapes, HILDEBRAND rules and pass H.R. 85. sexual assaults, wife beatings, family aban- Rollcall No. 137, Motion to suspend the donment and sexual exploitation. HON. MIKE ROSS rules and agree to H. Res. 136. From time to time, Fern would come back to OF ARKANSAS Rollcall No. 138, Motion to suspend the the U.S. and would stop by the house to pick IN THE HOUSE OF REPRESENTATIVES rules and agree to H. Res. 89. up her mail, chat about what she was doing, Rollcall No. 139, Motion to suspend the Wednesday, March 14, 2007 make sure her car was still working, and then rules and agree to H. Res. 64. Mr. ROSS. Madam Speaker, I rise today to would head back out into the world to battle Rollcall No. 140, Motion to suspend the honor the memory of my dear friend Bobby for what she believed. Several months prior to rules and agree to H. Res. 228. Hildebrand of Camden, Arkansas, who passed her death we chatted and I took over her Rollcall No. 141, Motion to suspend the away February 24, 2007. lease and paid for her desk and other items rules and agree to H. Res. 222 Bobby Hildebrand and his family grocery she had left in the room that I now use. From Had I been present, I would have voted store, Harvey’s Grocery Store, were South Ar- time to time, when I get a chance to slow ‘‘yea’’ on each of these motions. kansas institutions. Bobby was a business- down, I look around and think about Fern. man, a landowner and the proud owner of f Today, three years later, I don’t tear up as Harvey’s Grocery in Camden, one of Arkan- TRIBUTE TO FERN HOLLAND much as I once did, but the sadness is just as sas’s legendary political landmarks. Bobby real, and my heart is just as heavy, as it was made Harvey’s Grocery a famous gathering when I got the call about her death from my HON. SUE WILKINS MYRICK spot for Arkansas politicians, business leaders roommate Michael. Questions still flood my OF NORTH CAROLINA and residents of South Arkansas who had a mind as to why such evil would happen to IN THE HOUSE OF REPRESENTATIVES love of good food, heated debate and friend- such a good person. . . . I often think in deep ship. Wednesday, March 14, 2007 silence about the Iraq War and the sacrifices Bobby became known for his locally famous Mrs. MYRICK. Madam Speaker, I would like of Fern and those who serve there . . . I won- barbecue as much as his generous heart. to honor and recognize a true American hero, der why God allowed Fern and my path to Each time I drove through Camden, my car al- Fern Holland. Three years ago, Fern gave her cross—if only for a brief time—yet thank Him ways wanted to veer to Harvey’s Grocery life so that others might have a brighter future. at the same time that I got to meet her. where I knew I would find good food and great One of my staffers was friends with Fern and Fern’s life has taught me many things. I conversation with a man I truly looked up to wrote this tribute on the three year anniversary have learned to love people more. It is really and admired. I was privileged to have wit- of her death: easy to get cynical about work and life on the nessed first hand the effect Bobby’s big smile On March 9, 2004, my friend, Fern Holland Hill when things move at a snails pace, or had on visitors of his store and friends who was killed—assassination-style—in Iraq. She, when you see that people’s main motives are needed someone to listen. Above all else, I her colleague, and a translator were stopped something other than helping people. But am blessed to have been able to call Bobby at a checkpoint where they were shot by gun- when I catch myself in a poor attitude or in a a dear friend. men posing as Iraqi police. These gunmen rid- cycle of cynicism, I think of Fern and her sac- Bobby talked endlessly about how politics dled their car with AK–47 bullets and took her rifices and realize there is more work to be could be a good and noble profession and life. done to help others. Fern’s life also taught me how a career in public service could positively Fern wasn’t killed because she was a sol- my time is not my own. I constantly try to keep affect the lives of thousands. His love of poli- dier. She was killed because she was some- in contact with friends/family—and would do tics helped inspire me and many others to one cared about other people. anything in the world for them—and I try to seek elected office and for that, I am forever When Baghdad fell, Fern traveled to Iraq to reach out to people in need. I have learned grateful. work for USAID and then later served on the that the most important things in this world are I send my deepest condolences to his wife, Coalition Provisional Authority as a women’s the small things people often overlook. I Pat of Camden; his brother Harvey Hildebrand rights specialist. It was this work that made learned that people need other people and so of Louisiana; and his sister Dorothy Herrington her a target by extremists. You see, Fern I take the time to speak with someone longer of Camden. Bobby Hildebrand will be greatly worked tirelessly at setting up Iraqi women’s than I would normally, or return calls or emails missed in Camden, Ouachita County and centers around the country. These centers when I am tired or would rather not. I invest throughout the state of Arkansas, and I am were places women could organize, learn po- in people because it seems friendships and truly saddened by this loss. litical skills to participate in a democracy, and helping others is the only return that makes learn life skills. These centers were not wel- me happy. I think that is the secret of life that f come by many extremists for a variety of rea- Fern learned and shared with others. WALBERG SUPPORTS STATE, sons, and Fern was an easy target because Today has just begun, yet my thoughts are LOCAL CONTROL OF EDUCATION she was white and blonde and very outspoken constantly bouncing back to Fern and to a in her quest for women’s rights in Iraq. quote from Martin Luther King Jr. that I can’t HON. TIMOTHY WALBERG While she was doing this work, even more get out of my head: ‘‘A man who won’t die for OF MICHIGAN important work came to the forefront. Fern, 33 something is not fit to live.’’ In one of Fern’s IN THE HOUSE OF REPRESENTATIVES from Oklahoma, was a lawyer by trade, and last emails she wrote, ‘‘I love the work and if she helped draft the interim Iraqi constitution. I die, know that I’m doing precisely what I Wednesday, March 14, 2007 It was Fern Holland who wrote the section of want to be doing—working to organize and Mr. WALBERG. Madam Speaker, as a the constitution that got Iraqi women 25 per- educate human rights activists and women’s member of the Education and Labor Com- cent of the seats in the national assembly. groups.’’ In a day an age where people think mittee, this morning I attended a bi-cameral

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\RECORD07\E14MR7.REC E14MR7 hmoore on PRODPC68 with CONG-REC-ONLINE E548 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2007 hearing on the reauthorization of the No Child As part of this legislation, States can opt out School and Mayfield Senior School as they Left Behind Act. of Federal programs and State leaders decide celebrate their 75th Anniversary of Holy Child In listening to testimony from various individ- how to use Federal education funds to im- education in Pasadena, California. uals today, it was impressed upon me that all prove student achievement. In 1931, the Mayfield School was founded of us involved are seeking the same goal: the We all are seeking the best possible edu- by the Sisters of the Holy Child Jesus. Under best possible educational opportunities for our cational opportunities for our children, and the the philosophy and tradition of Cornelia children. way to achieve this is let States and local Connelly, the Mayfield Schools are committed Today, at a time when our Nation lags be- communities be accountable for academic to educating the whole child, by providing a hind other countries in math and science test- achievement and educational reforms. learning environment balancing academic ex- ing and the Federal government has a larger f cellence with the arts, athletics, community role in education than ever before, this Con- service, and spiritual growth. HONORING REX HANSON gress must find a way to give our schools The Mayfield Schools embrace seven goals greater flexibility, reduce the bureaucracy in- developed by the Society of Holy Child Jesus volved in education and ensure these opportu- HON. RON LEWIS founder Cornelia Connelly. These goals seek nities really are being given to our children. OF KENTUCKY to provide an intellectually challenging and In years past, Congress has attempted to IN THE HOUSE OF REPRESENTATIVES creative program of study that fosters aca- solve problems in education by simply throw- Wednesday, March 14, 2007 demic excellence and to create a learning ening piles of federal money into the education Mr. LEWIS of Kentucky. Madam Speaker, I vironment based on trust and reverence for system. rise today to congratulate Rex Hanson, an ex- the dignity and uniqueness of each person. The original purpose of No Child Left Be- emplary citizen from my district who was re- The Mayfield Schools have long been com- hind was to return some education policy- cently named recipient of the LaRue County mitted to community involvement and vol- making authority to the states. School’s 2007 Excellence in Classroom and untary service. Upholding their motto of Ac- Unfortunately, during the process of crafting, Educational Leadership, ExCEL, Award. tions not Words, both students and alumni passing and enacting the legislation, No Child A math teacher at LaRue County High have dedicated themselves to community en- Left Behind took the form of a massive spend- School in Hodgenville, KY, Mr. Hanson has richment and demonstrated the principals of ing bill that increased the Federal govern- worked to give his students the strong math compassion, integrity and leadership—char- ment’s presence in classrooms. and science skills needed in today’s high tech acteristic of a Mayfield education. As the Detroit News stated in a December world. Through his position as the Mathe- Under the guidance of devoted teachers 22, 2006 editorial, ‘‘What our federal legisla- matics Department chairman, he has worked and faculty, the students of the Mayfield tors come up with in the Nation’s capital hard to strengthen the math curriculum in Schools have achieved great success. Over doesn’t always translate well into the class- LaRue County, spearheading a program that the past 75 years, more than 2,000 young room.’’ allows high school students to receive college men and women have graduated from The editorial continues, ‘‘Michigan should credit through Campbellsville University. This Mayfield Junior School and more that 2,800 have the flexibility to decide how and when to program continues to allow students in LaRue women from Mayfield Senior School. measure student progress.’’ County to get ahead as they make the transi- I ask all Members to join me today in hon- My daughter-in-law is a hard-working and oring the Mayfield Junior School and Mayfield talented teacher who has experienced first- tion from high school to college. Mr. Hanson’s teaching philosophy is to chal- Senior School upon the celebration of their hand the problems No Child Left Behind cre- lenge his students to become the best that 75th Anniversary. The entire community joins ates for teachers, parents and students. they can be in whatever career path they me in thanking the Mayfield Schools for their As a classroom teacher forced to teach to choose once they leave high school. This phi- outstanding educational opportunities for the the tests required by No Child Left Behind, losophy has greatly served LaRue County and youth of California’s 29th District. she actually considered quitting because of Kentucky’s Second District. the paperwork and restrictions imposed upon President Bush has placed a strong focus f her. She struggled to have time to give indi- on math and sciences as the country moves vidual attention to each of her ‘‘special needs’’ HONORING BILL AND MURIEL into a global economy. I believe Mr. Hanson is students. ELLIOTT AND DREW KATZ a fitting example of this charge. In addition to Ironically, she obtained her teaching position his position as the Math Department chair, Mr. due to her performance the year prior as a Hanson is an advisor for the National Honor HON. ROBERT E. ANDREWS ‘‘permanent’’ substitute teacher in a class- Society, senior class sponsor, ACT school co- OF NEW JERSEY room. Because she was not required to fill out ordinator, and teaches classes for Elizabeth- IN THE HOUSE OF REPRESENTATIVES all the forms and paperwork required by No town Community College. Wednesday, March 14, 2007 Child Left Behind, she excelled, and the I applaud Mr. Hanson for his accomplish- school offered her a permanent position. Mr. ANDREWS. Madam Speaker, I rise ments in public education, a profession of In its origin, No Child Left Behind attempted today to honor Mr. and Mrs. Bill and Muriel El- great responsibility and even greater reward. to provide greater school choice and reduce liot for their hard work in creating the John R. On behalf of many others in the Hodgenville Washington’s involvement in education, but in- Elliott HERO Campaign, which promotes the area, I would like to express my profound ap- stead this expensive and largely unsuccessful use of designated drivers. The HERO Cam- preciation of his service. paign, named after their late son, Navy Ensign legislation has broadened the scope of the It is my great privilege to recognize Rex John Elliot of Egg Harbor Township, NJ, Federal Government’s role in education. Hanson today, before the entire U.S. House of Enshrined in our Constitution is the 10th began in 2000 when he was killed by a drunk Representatives, for his special achievement. Amendment, which reads, ‘‘The powers not driver. His unique dedication to the development of delegated to the United States by the Con- I also rise to honor Mr. Drew Katz of the young people and the communities they will stitution, nor prohibited by it to the States, are Interstate Outdoor Advertising Company of someday serve makes him an outstanding cit- reserved for the States respectively, or to the Cherry Hill, NJ. Mr. Katz graciously offered as- izen worthy of our collective honor and re- people.’’ sistance to the Elliott family by providing bill- spect. Federal control of education is listed no- board space to promote the HERO campaign. where in the Constitution, and in accordance f Partnered together, the Elliott family and Mr. with the 10th Amendment, education should A TRIBUTE TO MAYFIELD JUNIOR Katz are helping to make the roads a safer be the responsibility of State and local govern- SCHOOL AND MAYFIELD SENIOR place for all New Jerseyans. The Elliot family’s ments. SCHOOL commitment to their son and to this cause is Because I believe each child’s educational truly inspirational. I also thank Mr. Katz for his path should be determined by a child’s par- HON. ADAM B. SCHIFF generosity and commitment to his community. ents, and not by the Federal Government, I OF CALIFORNIA The Elliott family and Mr. Katz’s commitment to the John R. Elliott HERO Campaign am an original co-sponsor of the A-PLUS Act. IN THE HOUSE OF REPRESENTATIVES The A-PLUS Act would give States, teach- has served New Jersey well, and I hope that ers and parents the freedom and authority to Wednesday, March 14, 2007 they continue their vital efforts. I thank the El- determine what educational path a student Mr. SCHIFF. Madam Speaker, I rise today liot family and Mr. Katz and wish them suc- should take. to pay special recognition to Mayfield Junior cess with the HERO Campaign in the future.

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\RECORD07\E14MR7.REC E14MR7 hmoore on PRODPC68 with CONG-REC-ONLINE March 14, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E549 HONORING REVEREND THOMAS as well as leading-edge research and techno- She has spoken at many universities and has LOGAN ON THE OCCASION OF HIS logical and medical care innovation. received several honors, including induction in NINETY-FIFTH BIRTHDAY The New York metropolitan area is currently the Direct Marketing Hall of Fame, the Ellis Is- experiencing a blood shortage that has land Medal of Honor, the Big Brother/Big Sis- HON. CHAKA FATTAH reached an emergency level. The New York ters National Hero Award and the Gannett OF PENNSYLVANIA Blood Center reports a shortage of all types Newspapers Business Leadership Award. IN THE HOUSE OF REPRESENTATIVES of blood, but most pressingly a need for ‘‘O’’ At 80 years of age, Lillian continues to strive type blood, the universal donor to patients of to be on the cutting edge of fashion acces- Wednesday, March 14, 2007 all blood types. Hospitals in New York need sories, exploring new and even more creative Mr. FATTAH. Madam Speaker, I rise today an average of 2,000 volunteer donors every ideas. She is the proud mother of two sons, to call the attention of the House to a great day to meet critical patient needs. NYBC col- Dean Fred P. Hochberg, of the New School Philadelphian on the occasion of his 95th lects an average of 1500–1700 units/day to and David Hochberg, a private consultant. Es- birthday, March 19, 2007. The Reverend help meet these needs in combination with pecially committed to encouraging the careers Canon Thomas Wilson Stearly Logan, Sr., a other providers. of women, she has been a constant supporter 1935 Lincoln University graduate, is Rector When the number of donations falls below and friend. Therefore, it is my pleasure to wish Emeritus of the Calvary Church in North Phila- the necessary number, NYBC must import the her many blessings on her birthday. delphia. In 1938, Father Logan began his now balance of necessary units from other areas of f 60-year tenure of service to the diocese of the United States. Without these vital dona- Pennsylvania with his ordination as a deacon. tions, blood must be rationed to local area PERSONAL EXPLANATION One year later, he was ordained a priest at St. hospitals and elective surgeries postponed Peter’s Church in Philadelphia. During his long until blood supply levels improve. While the HON. JULIA CARSON and distinguished career, Father Logan served current shortage has not yet caused rationing OF INDIANA in numerous parishes including: St. Philips to occur, it has become an area-wide crisis IN THE HOUSE OF REPRESENTATIVES Church in New York City, St. Augustine’s that endangers the lives and well-being of Wednesday, March 14, 2007 Chapel in Yonkers, St. Michael and All Angels New Yorkers and demands the community’s Ms. CARSON. Madam Speaker, I was un- and the Calvary Church both located in Phila- immediate attention. able to record rollcall vote No. 139. Had I delphia. To date, NYBC has avoided this critical been present I would have voted ‘‘yes’’ on H. Father Logan’s service to the children of problem through continuous partnership with Res. 64. God has extended beyond the church walls. local and national government officials to per- He has been a member of numerous religious, form constituent outreach. NYBC also collabo- f fraternal, social and civic organizations includ- rates with businesses and organizations that HONORING DR. ELSON FLOYD ing the Brotherhood of St. Andrew, the Res- sponsor blood drives, as well as with individ- titution Fund Commission, the homeless fund, uals who donate on a consistent basis. In re- HON. EMANUEL CLEAVER the Philadelphia Police Department, the Na- cent years, while the number of donations in OF MISSOURI tional Conference of Black Episcopalians and the New York metropolitan area have re- IN THE HOUSE OF REPRESENTATIVES Alpha Phi Alpha Fraternity, Inc. As a delegate mained steady, there has been a downward Wednesday, March 14, 2007 to the Anglican Conference in Cape Town, Fa- trend in the number of donations in Manhat- ther Logan brought his spirit, energy and tan, contributing to the causes of the current Mr. CLEAVER. Madam Speaker, I rise steadfast commitment to social justice across shortage. today to pay tribute to Dr. Elson Floyd, Presi- the Atlantic ocean. f dent of the four-campus University of Missouri Father Logan is committed not only to his System. He was selected to run the system church but also to his lovely wife, Mrs. IN RECOGNITION OF THE 80TH November 11, 2002. He is leaving to become Hermione Hill Logan who on March 16 will BIRTHDAY OF LILLIAN VERNON the tenth President of Washington State Uni- achieve the modest age of 96. Father and versity on June 1, 2007. Mrs. Logan have been happily married since HON. STEPHANIE TUBBS JONES During his tenure as President of the Sys- 1938. It is my great pleasure to offer congratu- OF OHIO tem, he has brought about many innovative lations to Father Logan on his birthday. I wish IN THE HOUSE OF REPRESENTATIVES strategies which have benefited the Univer- sities. He developed a System-wide Strategic him years of health and happiness and appre- Wednesday, March 14, 2007 ciate his decades of service. Plan with measurable performance objectives. Mrs. JONES of Ohio. Madam Speaker, I f He established a system-wide fundraising goal rise today in celebration of the 80th birthday of of one billion dollars, of which 900 million dol- RECOGNIZING THE NEW YORK Lillian Vernon. Born Lilly Menasche in Leipzig, lars in documented gifts have been received BLOOD CENTER AND THE IMPOR- her family fled the perils of World War II and to date toward this goal. Total enrollment in- TANCE OF GIVING BLOOD Hitler’s Nazi regime in 1933, fleeing to Amster- creased 7,000 since his hiring to a record high dam, Holland then finally to the United States, of more than 63,000 students. Minority student HON. CAROLYN B. MALONEY settling in New York City in 1937. There she enrollment has increased on all four cam- OF NEW YORK attended New York University for 2 years be- puses. He has leveraged private support to IN THE HOUSE OF REPRESENTATIVES fore getting married. generate 266 need-based scholarships to en- In 1951, while 4 months pregnant, Lillian hance student access. Wednesday, March 14, 2007 began her mail order business with a $495.00 Although there have been lean budget years Mrs. MALONEY of New York. Madam sixth-of-a-page ad for a personalized handbag in the University system, Dr. Floyd has effec- Speaker, I rise to recognize the work done by and belt in Seventeen magazine. What started tively managed them by implementing a plan the New York Blood Center (NYBC) and its ef- as a simple business run out of her kitchen in to reduce System-wide administrative expendi- forts to recruit volunteer blood donors to help Mount Vernon, New York, turned into a lead- tures by 20 million dollars, far exceeding the assure a safe and ample blood supply in the ing catalog and online retailer, with its cor- 10 percent goal of 12.4 million dollars, rein- New York Metropolitan area. As one of the na- porate headquarters in Rye, New York. In vesting resources of this initiative into scholar- tion’s largest non-profit, community based 1987, Lillian’s business became the first ships and financial aid, student services and blood centers, The New York Blood Center woman founded and owned business to go faculty recruitment. He also developed a tui- has provided critical blood, transfusion prod- public on the American Stock Exchange. tion guideline that holds tuition increases to ucts and services to patients in New York, In addition to Lillian’s accomplishments in the rate of inflation, provided that state support New Jersey, and Connecticut hospitals for business, she believes strongly in giving back also keeps pace with inflation. This allows stu- over 40 years. to her community. Her company has donated dents and families a certain degree of predict- Established in 1964 in order to better serve funds and merchandise to more than 5,000 ability of college costs. the transfusion needs of the New York City charities, religious, and civic organizations. Dr. Floyd is the 2004 recipient of the James community, New York Blood Center was She serves on the boards of several non-profit C. Kirkpatrick Award for public service given founded in order to carry out a critical mission organizations, including the Lincoln Center for by the Northwest Missouri Press Association. to provide community members with the high- the Performing Arts, the Virginia Opera and He is also the 2004 recipient of the Distin- est quality transfusion products and services, The Kennedy Center for the Performing Arts. guished Alumnus Award from the University of

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\RECORD07\E14MR7.REC E14MR7 hmoore on PRODPC68 with CONG-REC-ONLINE E550 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2007 North Carolina at Chapel Hill. In 2006, stu- panding the successful Individual Develop- Family Credit Union, Park National Bank, Fi- dents at the University of Missouri-St. Louis ment Account program (IDA). berglas Federal Credit Union, Peoples Bank, established a scholarship in his name, the H.R. 1514 provides a tax credit to financial Ohio Savings Bank, Sky Bank, and the World ‘‘President Elson S. Floyd Endowed Scholar- institutions that match the savings of low-in- Financial Network National Bank. ship.’’ come families through Individual Development Too many families in too many cities across Madam Speaker, please join me in express- Accounts. Individual savings in IDAs are this country live under constant threat of finan- ing our heartfelt appreciation to Dr. Elson matched on a one-to-one basis, up to $500 Floyd for his leadership as President of the per person per year, although personal con- cial ruin due to a lack of savings. Individual University of Missouri System. I urge my col- tributions into an IDA are not limited. Development Accounts allow working families leagues to please join me in conveying our Thousands of working families across the to develop their own assets and establish gratitude to Dr. Floyd for his contributions to country currently take advantage of IDA sound financial footing, creating a fund that Missouri, and to wish him well in his new en- matched savings and asset accumulation. IDA would make possible a down payment on a deavor. programs are run by community-based organi- home or seed capital to start a business. We zations in partnership with a qualified financial should not delay in expanding the existing IDA f institution that holds the deposits. IDA funds program. We have in our power the ability to INTRODUCTION OF THE SAVINGS can be used for college and post-secondary help working families achieve the American FOR WORKING FAMILIES ACT OF education, purchasing a home, or starting a Dream. 2007 small business. Those who save in IDAs also Madam Speaker, I would also like to take receive financial planning education. Nation- this opportunity to thank Erika Lunder, a Leg- ally, 50,000 Americans are presently enrolled HON. STEPHANIE TUBBS JONES islative Attorney at the Congressional Re- in 500 IDA programs. In the State of Ohio, OF OHIO search Service, for providing my staff and me IN THE HOUSE OF REPRESENTATIVES nearly 5,000 savers benefit from fifteen IDA programs. with valuable information and advice on this Wednesday, March 14, 2007 I want to praise the 16 financial institutions legislation. Throughout the years, particularly Mrs. JONES of Ohio. Madam Speaker, I that run the fifteen IDA programs in Ohio and during my service on the Ways and Means rise today to introduce H.R. 1514, the Savings assist low-income families build assets: Citi- Committee, she has consistently provided me for Working Families Act of 2007. I have zen’s Federal Savings & Loan, Faith Commu- with excellent research and counsel in a time- worked with my colleague Congressman JOE nity United Credit Union, Farmers National ly, impartial manner on several pieces of tax PITTS of Pennsylvania and other Members Bank, First Federal Bank, First Federal Sav- and pension legislation. Erika’s service is not from both sides of the aisle in both the House ings of Newark, Perpetual Bank, First National only greatly appreciated by me, but also my and Senate to introduce savings legislation Community Bank, Home Savings and Loan, constituents in the Eleventh Congressional that will help America’s working families by ex- Huntington National Bank, Key Bank, Midwest District of Ohio and the entire State of Ohio.

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\RECORD07\E14MR7.REC E14MR7 hmoore on PRODPC68 with CONG-REC-ONLINE March 14, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E551 SENATE COMMITTEE MEETINGS Commerce, Science, and Transportation MARCH 21 Interstate Commerce, Trade, and Tourism 9:30 a.m. Title IV of Senate Resolution 4, Subcommittee Agriculture, Nutrition, and Forestry agreed to by the Senate on February 4, To continue hearings to examine eco- To hold hearings to examine the per- 1977, calls for establishment of a sys- nomic and safety concerns relating to formance of the United States trade tem for a computerized schedule of all promoting travel to America (Part II). and food aid programs for the 2007 meetings and hearings of Senate com- SR–253 Farm Bill. mittees, subcommittees, joint commit- Judiciary SR–328A To hold hearings to examine combating Homeland Security and Governmental Af- tees, and committees of conference. war profiteering, focusing on inves- This title requires all such committees fairs tigating and prosecuting contracting To hold hearings to examine an overview to notify the Office of the Senate Daily fraud and abuse in Iraq. of the Government Accountability Of- Digest—designated by the Rules Com- SD–226 fice Assistance to Congressional Over- mittee—of the time, place, and purpose Health, Education, Labor, and Pensions sight, focusing on past work and future of the meetings, when scheduled, and Retirement and Aging Subcommittee challenges and opportunities. any cancellations or changes in the To hold hearings to examine the state of SD–342 meetings as they occur. Alzheimer’s disease research 100 years 10 a.m. later. Banking, Housing, and Urban Affairs As an additional procedure along SH–216 To hold hearings to examine assessing with the computerization of this infor- 2:30 p.m. the effectiveness of the current United mation, the Office of the Senate Daily Energy and Natural Resources States sanctions on Iran relating to Digest will prepare this information for National Parks Subcommittee minimizing potential threats from printing in the Extensions of Remarks To hold hearings to examine S. 126, to Iran. section of the CONGRESSIONAL RECORD modify the boundary of Mesa Verde Na- SD–538 on Monday and Wednesday of each tional Park, S. 257, to direct the Sec- Health, Education, Labor, and Pensions retary of the Interior to conduct a week. To hold hearings to examine a review of study to determine the feasibility of treatment, diagnosis, and monitoring Meetings scheduled for Thursday, establishing the Columbia-Pacific Na- efforts, focusing on the long-term March 15, 2007 may be found in the tional Heritage Area in the States of health impacts from September 11. Daily Digest of today’s RECORD. Washington and Oregon, S. 289, to es- SH–216 tablish the Journey Through Hallowed Judiciary Ground National Heritage Area, S. 443, MEETINGS SCHEDULED To hold hearings to examine the Inspec- to establish the Sangre de Cristo Na- tor General’s findings of the improper tional Heritage Area in the State of use of the National Security Letters by MARCH 16 Colorado, S. 444, to establish the South the Federal Bureau of Investigation re- 10 a.m. Park National Heritage Area in the lating to the misuse of the Patriot Act Appropriations State of Colorado, S. 500, to establish powers. Legislative Branch Subcommittee the Commission to Study the Potential SD–226 To hold hearings to examine proposed Creation of the National Museum of 10:30 a.m. budget estimates for the fiscal year the American Latino to develop a plan Commerce, Science, and Transportation 2008 for the Government Account- of action for the establishment and Consumer Affairs, Insurance, and Auto- ability Office, Government Printing Of- maintenance of a National Museum of motive Safety Subcommittee fice, Congressional Budget Office, and the American Latino in Washington, To hold an oversight hearing to examine the Office of Compliance. DC, H.R. 512, to establish the Commis- SD–138 the Consumer Product Safety Commis- sion to Study the Potential Creation of sion. the National Museum of the American MARCH 19 SR–253 Latino to develop a plan of action for Appropriations 1 p.m. the establishment and maintenance of Defense Subcommittee Appropriations a National Museum of the American Labor, Health and Human Services, Edu- To hold hearings to examine the pro- Latino in Washington, DC, S. 637, to di- cation, and Related Agencies Sub- posed budget estimates for fiscal year rect the Secretary of the Interior to committee 2007 for the United States Air Force. study the suitability and feasibility of To hold hearings to examine proposed SD–192 budget estimates for fiscal year 2008 for establishing the Chattahoochee Trace 2:30 p.m. the National Institutes of Health. National Heritage Corridor in Alabama Environment and Public Works SH–216 and Georgia, S. 817, to amend the Om- To hold hearings to examine Vice Presi- nibus Parks and Public Lands Manage- dent Al Gore’s perspective on global MARCH 20 ment Act of 1996 to provide additional warming. 9:30 a.m. authorizations for certain National SD–106 Armed Services heritage Areas, and for other proposes; Judiciary To receive testimony on the the United and S. Con. Res. 6, expressing the sense Terrorism, Technology and Homeland Se- States Air Force in review of the De- of Congress that the National Museum curity Subcommittee fense Authorization Request for fiscal of Wildlife Art, located in Jackson, Wy- To hold hearings to examine recent de- year 2008 and the future years Defense oming, should be designated as the velopments involving the security of Program. ‘‘National Museum of Wildlife Art of sensitive consumer information relat- SR–325 the United States’’. ing to identity theft and solutions for 10 a.m. SD–366 an evolving problem. Energy and Natural Resources Homeland Security and Governmental Af- SD–226 To hold hearings to examine the nomina- fairs tion of Stephen Jeffrey Isakowitz, of Investigations Subcommittee MARCH 22 Virginia, to be Chief Financial Officer To continue hearings to examine Medi- 9:30 a.m. of the Department of Energy. care doctors who cheat on their taxes Commerce, Science, and Transportation SD–366 and efforts to address the problem. Aviation Operations, Safety, and Security Finance SD–342 Subcommittee To receive testimony on identifying Commerce, Science, and Transportation needs, partnerships, and resources re- To hold hearings to examine the Federal Science, Technology, and Innovation Sub- lating to a competitive education. Aviation Administration committee SD–215 (FAA)modernization. To hold hearings to examine energy in- Appropriations SR–253 novation. Interior, Environment, and Related Agen- 9:45 a.m. SR–253 cies Subcommittee Indian Affairs Intelligence To hold hearings to examine proposed To hold an oversight hearing to examine To hold closed hearings to examine cer- budget estimates for fiscal year 2008 for Indian housing. tain intelligence matters. the Department of the Interior. SR–485 SD–124 SH–219

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\RECORD07\E14MR7.REC E14MR7 hmoore on PRODPC68 with CONG-REC-ONLINE E552 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2007 10 a.m. MARCH 27 9:30 a.m. Homeland Security and Governmental Af- 9:30 a.m. Veterans’ Affairs fairs Judiciary To hold joint hearings with the House To hold hearings to examine To hold oversight hearings to examine Committee on Veterans’ Affairs to ex- deconstructing reconstruction, focus- the Federal Bureau of Investigation. amine the legislative presentation of ing on problems, challenges, and the SD–106 AMVETS, American Ex-Prisoners of way forward in Iraq and Afghanistan. War, Military Order of the Purple SD–342 Veterans’ Affairs Heart, Gold Star Wives of America, 2:30 p.m. To hold an oversight hearing to examine Fleet Reserve Association, the Retired Energy and Natural Resources Department of Veterans Affairs and To hold hearings to examine the ‘‘Future Department of Defense cooperation and Enlisted Association, Military Officers of Coal’’ report recently published by collaboration, focusing on health care Association of America, and the Na- the Massachusetts Institute of Tech- issues. tional Association of State Directors of nology. SR–418 Veterans Affairs. SD–366 10 a.m. SD–106 Intelligence Commerce, Science, and Transportation To hold closed hearings to examine cer- To hold hearings to examine competition APRIL 10 tain intelligence matters. and consumer choice relating to exclu- 10 a.m. SH–219 sive sports programming. Commerce, Science, and Transportation SR–253 To hold an oversight hearing to examine MARCH 26 the Federal Trade Commission (FTC). 2 p.m. MARCH 28 SR–253 Armed Services 10 a.m. Emerging Threats and Capabilities Sub- APRIL 11 committee Commerce, Science, and Transportation To receive a briefing on the reorganiza- Oceans, Atmosphere, Fisheries, and Coast 9:30 a.m. tion of the Office of the Under Sec- Guard Subcommittee Veterans’ Affairs retary of Defense for policy. To hold hearings to examine the future To hold hearings to examine issues rel- SR–232A of the Coast Guard Dive Program. ative to Filipino veterans. Energy and Natural Resources SR–253 SR–418 To hold hearings to examine the progress 2:30 p.m. 10 a.m. of the European Union’s Emissions Commerce, Science, and Transportation Banking, Housing, and Urban Affairs Trading Scheme and to receive infor- Space, Aeronautics, and Related Agencies To hold hearings to examine the avail- mation on lessons learned for policy- Subcommittee ability and affordability of property makers who want to better understand To hold hearings to examine and casualty insurance in the Gulf how a market-based trading program transitioning to a next generation Coast and other coastal regions. could operate efficiently and effec- Human Space Flight System. SD–538 tively in the United States. SR–253 SD–G50 APRIL 25 3 p.m. MARCH 29 Judiciary 2 p.m. Human Rights and the Law Subcommittee 9:15 a.m. Veterans’ Affairs To hold hearings to examine the problem Indian Affairs To hold an oversight hearing to examine of human trafficking and the legal op- To hold an oversight hearing to examine the Department of Veterans Affairs, fo- tions to stop the problem. Indian trust fund litigation. cusing on mental health issues. SD–226 SR–485 SR–418

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\RECORD07\E14MR7.REC E14MR7 hmoore on PRODPC68 with CONG-REC-ONLINE Wednesday, March 14, 2007 Daily Digest Senate Chamber Action Authorities for Committees to Meet: Page S3146 Privileges of the Floor: Pages S3146–47 Routine Proceedings, pages S3077–S3147 Record Votes: One record vote was taken today. Measures Introduced: Nineteen bills and three res- (Total–74) Page S3085 olutions were introduced, as follows: S. 869–887, S. Res. 105–106, and S. Con. Res. 19. Pages S3124–25 Adjournment: Senate convened at 10:00 a.m., and adjourned at 6:28 p.m., until 9:30 a.m. on Thurs- Measures Considered: day, March 15, 2007. (For Senate’s program, see the Iraq Resolution: Senate resumed consideration of remarks of the Acting Majority Leader in today’s the motion to proceed to consideration of S.J. Res. Record on page S3147.) 9, to revise United States policy on Iraq. Pages S3077–S3117 During consideration of this measure today, Senate Committee Meetings also took the following action: (Committees not listed did not meet) By 89 yeas to 9 nays (Vote No. 74), three-fifths of those Senators duly chosen and sworn, having APPROPRIATIONS: ARMY voted in the affirmative, Senate agreed to the motion Committee on Appropriations: Subcommittee on Defense to close further debate on the motion to proceed to concluded a hearing to examine proposed budget es- consideration of the resolution. Page S3085 timates for fiscal year 2008 for the United States A unanimous-consent agreement was reached pro- Army, after receiving testimony from Pete Geren, viding that all time during the adjournment of the Acting Secretary, and General Peter Schoomaker, Senate and morning business on Thursday, March Chief of Staff, both of the United States Army. 15, 2007, be counted against the time post-cloture under Rule XXII. Page S3147 NO CHILD LEFT BEHIND ACT R. Jess Brown United States Courthouse—Refer- Committee on Appropriations: Subcommittee on Labor, ral Agreement: A unanimous-consent agreement Health and Human Services, and Education and Re- was reached providing that the Committee on the lated Agencies concluded a hearing to examine fed- Judiciary be discharged from further consideration of eral funding for the No Child Left Behind Act, after H.R. 399, to designate the United States Courthouse receiving testimony from Margaret Spellings, Sec- to be constructed in Jackson, Mississippi, as the ‘‘R. retary of Education; Deborah Jewell-Sherman, Rich- Jess Brown United States Courthouse’’, and the bill mond Public Schools, Richmond, Virginia; Jane be referred to the Committee on Environment and Babcock, Keokuk Community School District, Keo- Public Works. Page S3147 kuk, Iowa; John F. Jennings, Center on Education Policy, and Gene Wilhoit, Council of Chief State Messages from the House: Pages S3122–23 School Officers, both of Washington, D.C.; and Rob- Messages Referred: Page S3123 ert E. Slavin, Johns Hopkins University Center for Measures Placed on the Calendar: Page S3123 Data-Driven Reform in Education, Baltimore, Mary- land. Petitions and Memorials: Pages S3123–24 Additional Cosponsors: Pages S3125–26 2008: BUDGET Statements on Introduced Bills/Resolutions: Committee on the Budget: Committee met to mark up Pages S3126–46 a proposed concurrent resolution setting forth the fiscal year 2008 budget for the Federal Government, Additional Statements: Pages S3121–22 but did not complete consideration thereon, and will Amendments Submitted: Page S3146 meet again tomorrow. D328

VerDate Aug 31 2005 04:57 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR7.REC D14MRPT1 jcorcoran on PROD1PC62 with DIGEST March 14, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D329 HEALTH CARE REFORM ing patient access and drug safety relating to Pre- Committee on Finance: Committee concluded a hearing scription Drug User Fees, including S. 484, to to examine charting a course for health care moving amend the Public Health Service Act and the Fed- toward universal coverage, after receiving testimony eral Food, Drug, and Cosmetic Act to improve drug from James J. Mongan, Partners HealthCare, and safety and oversight, after receiving testimony from Richard G. Frank, Citizens’ Health Care Working Andrew C. Von Eschenbach, Commissioner, Food Group, both of Boston, Massachusetts; Stuart H. and Drugs, Food and Drug Administration, Depart- Altman, Brandeis University Heller School for Social ment of Health and Human Services; Kim Witczak, Policy and Management, Waltham, Massachusetts; Woodymatters, Minneapolis, Minnesota; Mark and John F. Sheils, Lewin Group, Falls Church, Vir- McClellan, American Enterprise Institute-Brookings ginia. Joint Center for Regulatory Studies, and Diane Edquist Dorman, National Organization for Rare EXTRAJUDICIAL KILLINGS IN THE Disorders, both of Washington, D.C.; and D. Bruce PHILLIPPINES Burlington, Wyeth Pharmaceuticals, Collegeville, Committee on Foreign Relations: Subcommittee on East Pennsylvania. Asian and Pacific Affairs concluded a hearing to ex- OPEN GOVERNMENT ACT amine strategies to end the violence relating to extrajudicial killings in the Philippines, after receiv- Committee on the Judiciary: Committee concluded a ing testimony from Eric G. John, Deputy Assistant hearing to examine reinvigorating the Freedom of Secretary for East Asian and Pacific Affairs, and Jon- Information Act relating to open government, focus- athan D. Farrar, Principal Deputy Assistant Secretary ing on S. 849, to promote accessibility, account- for Democracy, Human Rights and Labor Bureau, ability, and openness in Government by strength- both of the Department of State; T. Kumar, Am- ening section 552 of title 5, United States Code nesty International, USA, and G. Eugene Martin, (commonly referred to as the Freedom of Information United States Institute of Peace, both of Wash- Act), after receiving testimony from Katherine M. ington, D.C.; Elizer M. Pascua, United Church of Cary, Texas Office of the Attorney General, Austin; Christ in the Philippines, Manila; and Marie Hilao- Tom Curley, Associated Press, New York, New Enriquez, Alliance for the Advancement of People’s York, on behalf of the Sunshine in Government Ini- Rights in the Philippines, Quezon City. tiative; Meredith Fuchs, George Washington Univer- sity National Security Archive, Washington, D.C.; ISLAMIC RADICALISM and Sabina Haskell, Brattleboro Reformer, Committee on Homeland Security and Governmental Af- Brattleboro, Vermont. fairs: Committee concluded a hearing to examine the SENATE CAMPAIGN DISCLOSURE PARITY threat of Islamic radicalism to the homeland, focus- ACT ing on preventing and countering radicalization, after receiving testimony from Michael Chertoff, Sec- Committee on Rules and Administration: Committee retary, Charles E. Allen, Assistant Secretary for Intel- concluded a hearing to examine S. 223, to require ligence and Analysis, Chief Intelligence Officer, and Senate candidates to file designations, statements, Daniel W. Sutherland, Officer for Civil Rights and and reports in electronic form, after receiving testi- Civil Liberties, all of the Department of Homeland mony from Senators Feingold and Cochran; Nancy Security. Erickson, Secretary of the United States Senate; Patrina M. Clark, Staff Director, Federal Election PRESCRIPTION DRUG USER FEES Commission; and Thomas E. Mann, Brookings Insti- Committee on Health, Education, Labor, and Pensions: tute, and Stephen R. Weissman, Campaign Finance Committee concluded a hearing to examine enhanc- Institute, both of Washington, D.C.

VerDate Aug 31 2005 04:57 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR7.REC D14MRPT1 jcorcoran on PROD1PC62 with DIGEST D330 CONGRESSIONAL RECORD — DAILY DIGEST March 14, 2007 House of Representatives Presidential Library Donation Reform Act of Chamber Action 2007: H.R. 1254, to amend title 44, United States Public Bills and Resolutions Introduced: 16 pub- Code, to require information on contributors to Pres- lic bills, H.R. 1513–1528; 1 private bill, H.R. idential library fundraising organizations, by a 2/3 1529; and 4 resolutions, H. Res. 243–246 were in- yea-and-nay vote of 390 yeas to 34 nays, Roll No. troduced. Pages H2570–71 142; Pages H2493–96, H2507–08 Additional Cosponsors: Page H2571 Presidential Records Act Amendments of 2007: Reports Filed: Reports were filed today as follows: H.R. 1255, amended, to amend chapter 22 of title H.R. 1362, to reform acquisition practices of the 44, United States Code, popularly known as the Federal Government, with an amendment (H. Rept. Presidential Records Act, to establish procedures for 110–47, Pt. 2) and H. Res. 242, providing for con- the consideration of claims of constitutionally based sideration of H.R. 1362, to reform acquisition prac- privilege against disclosure of Presidential records, tices of the Federal Government (H. Rept. 110–49). by a 2/3 yea-and-nay vote of 333 yeas to 93 nays, Pages H2496–H2500, H2508–09 Page H2570 Roll No. 143; and Chaplain: The prayer was offered by the guest Freedom of Information Act Amendments of Chaplain, Rev. Johann Arnold, Church Communities 2007: H.R. 1309, amended, to promote openness in Government by strengthening section 552 of title 5, International, Rifton, New York. Page H2489 United States Code (commonly referred to as the Journal: The House agreed to the Speaker’s approval Freedom of Information Act), by a 2/3 yea-and-nay of the Journal by a yea-and-nay vote of 265 yeas to vote of 308 yeas to 117 nays, Roll No. 144. 157 nays with 1 voting ‘‘present’’, Roll No. 147. Pages H2500–07, H2509 Page H2515 Motion to Adjourn: Rejected the Westmoreland House Democracy Assistance Commission—Ap- motion to adjourn by a recorded vote of 142 ayes to pointment: The Chair announced the Speaker’s ap- 258 noes, Roll No. 148. Pages H2516–17 pointment of the following Members of the House of Representatives to the House Democracy Assist- Whistleblower Protection Enhancement Act of ance Commission: Representative Price (NC), Chair- 2007: The House passed H.R. 985, to amend title man; Representatives Capps, Holt, Schiff, Schwartz, 5, United States Code, to clarify which disclosures of Payne, Pomeroy, Farr, Salazar, Ellison, and Hirono. information are protected from prohibited personnel practices; to require a statement in nondisclosure Page H2493 policies, forms, and agreements to the effect that House Democracy Assistance Commission—Ap- such policies, forms, and agreements are consistent pointment: Read a letter from the Minority Leader with certain disclosure protections, by a yea-and-nay wherein he appointed the following Members of the vote of 331 yeas to 94 nays, Roll No. 153. House of Representative to the House Democracy Pages H2510–15, H2517–43 Assistance Commission: Representatives Dreier, Agreed to the Westmoreland motion to recommit Boozman, Fortenberry, Wilson (SC), Biggert, the bill to the Committee on Oversight and Govern- Gilchrest, Weller, Miller (FL), and Shuster. ment Reform with instructions to report the same Page H2493 back to the House forthwith with amendments, by United States Capitol Preservation Commis- a recorded vote of 426 ayes with none voting ‘‘no’’, sion—Appointment: The Chair announced the Roll No. 152. Subsequently, Representative Braley Speaker’s appointment of the following Members of reported the bill back to the House with amend- the House of Representatives to the United States ments and the amendments were agreed to. Capitol Preservation Commission: Representatives Pages H2540–42 Obey and Kaptur. Page H2493 Pursuant to the rule, the amendment in the nature of a substitute consisting of the text of the bill, United States Capitol Preservation Commis- modified by the amendments recommended by the sion—Appointment: Read a letter from the Minor- Committee on Oversight and Government Reform ity Leader wherein he appointed Representative now printed in the bill, shall be considered as adopt- Wamp to the United States Capitol Preservation ed and shall be considered as the original bill for the Page H2493 Commission. purpose of further amendment. Page H2510 Suspensions: The House agreed to suspend the rules Agreed by unanimous consent that the House va- and pass the following measures: cate the ordering of the recorded vote on the Platts

VerDate Aug 31 2005 04:57 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR7.REC D14MRPT1 jcorcoran on PROD1PC62 with DIGEST March 14, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D331 amendment (No. 2 printed in H. Rept. 110–48) and Lofgren, Ehlers, and Daniel E. Lungren, to serve the previous vote by voice on that amendment to the with the chair of the Committee on House Adminis- end that the Chair may put the question on adopt- tration. Page H2543 ing the amendment de novo. Senate Message: Message received from the Senate On a demand for a separate vote on an amend- today appear on page H2489. ment agreed to in the Committee of the Whole: Quorum Calls—Votes: Eight yea-and-nay votes By a yea-and-nay vote of 252 yeas to 173 nays, and four recorded votes developed during the pro- Roll No. 151, agreed to the Stupak amendment (No. ceedings of today and appear on pages H2507–08, 1 printed in H. Rept. 110–48) that clarifies that in- H2508–09, H2509, H2513–14, H2514–15, H2515, stances of political interference with science are to be H2516–17, H2538, H2538–39, H2539–40, H2541, considered ‘‘abuses of authority’’ and their disclosure H2542–43. There were no quorum calls. therefore protected (agreed to in the Committee of the Whole by a recorded vote of 250 ayes to 178 Adjournment: The House met at 10 a.m. and ad- noes, Roll No. 149) journed at 7:14 p.m. Pages H2530–32, H2537–38, H2539–40 Earlier, agreed to amendments in the Committee Committee Meetings of the Whole: Agreed to: COMMERCE, JUSTICE, SCIENCE, AND Platts amendment (No. 2 printed in H. Rept. RELATED AGENCIES APPROPRIATIONS 110–48) that requires that the Merit Systems Protec- Committee on Appropriations: Subcommittee on Com- tion Board rely on a consistent standard for ‘‘clear merce, Justice, Science, and Related Agencies contin- and convincing evidence’’as the burden of proof that ued hearings on NASA. Testimony was heard from must be met to sustain an agency’s affirmative de- Michael D. Griffin, Administrator, NASA. fense (that it would have taken the same personnel ENERGY AND WATER DEVELOPMENT AND action independent of an employee’s protected con- RELATED AGENCIES APPROPRIATIONS duct); Pages H2532–33 Platts amendment (No. 3 printed in H. Rept. Committee on Appropriations: Subcommittee on Energy 110–48) that clarifies that an otherwise-protected and Water Development and Related Agencies held disclosure cannot be disqualified because of the a hearing on Science Research. Testimony was heard forum in which it is communicated; and from Raymond L. Orbach, Under Secretary, Science, Pages H2533–34 Department of Energy. Tierney amendment (No. 5 printed in H. Rept. FINANCIAL SERVICES AND GENERAL 110–48) that changes the section on national secu- GOVERNMENT APPROPRIATIONS rity whistleblowers to limit which members of Con- gress can receive information about especially sen- Committee on Appropriations: Subcommittee on Finan- sitive subjects. Pages H2536–37 cial Services and General Government held a hearing Rejected: on the National Archives and Records Administra- Sali amendment (No. 4 printed in H. Rept. tion. Testimony was heard from Allen Weinstein, 110–48) that sought to remove the provision that Archivist of the United States. would make influencing federally funded scientific HOMELAND SECURITY research a prohibited personnel practice (by a recorded vote of 159 ayes to 271 noes, Roll No. 150). Committee on Appropriations: Subcommittee on Home- land Security held a hearing on Gulf Coast Rebuild- Pages H2534–36, H2538–39 H. Res. 239, the rule providing for consideration ing. Testimony was heard from the following offi- of the bill, was agreed to by a yea-and-nay vote of cials of the Department of Homeland Security: Don- 223 yeas to 193 nays, Roll No. 146, after agreeing ald Powell, Federal Gulf Coast Coordinator; Gil to order the previous question by a yea-and-nay vote Jamieson, Deputy Director, Gulf Coast Rebuilding; of 224 yeas to 197 nays, Roll No. 145. FEMA; and Matt Jadacki, Deputy Inspector General. Pages H2510–15 INTERIOR, ENVIRONMENT, AND RELATED Committee Elections: The House agreed to H. Res. AGENCIES APPROPRIATIONS 244, electing the following Members to serve on cer- Committee on Appropriations: Subcommittee on Inte- tain joint committees: Joint Committee on Printing: rior, Environment, and Related Agencies held a Representatives Brady (PA), Capuano, Ehlers, and hearing on the Bureau of Land Management. Testi- McCarthy (CA), to serve with the Chair of the Com- mony was heard from James M. Hughes, Acting Di- mittee on House Administration; Joint Committee rector, Bureau of Land Management, Department of of Congress on the Library: Representatives Zoe the Interior.

VerDate Aug 31 2005 04:57 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR7.REC D14MRPT1 jcorcoran on PROD1PC62 with DIGEST D332 CONGRESSIONAL RECORD — DAILY DIGEST March 14, 2007 LABOR, HHS, EDUCATION, AND RELATED FCC OVERSIGHT AGENCIES APPROPRIATIONS Committee on Energy and Commerce: Subcommittee on Committee on Appropriations: Subcommittee on Labor, Telecommunications and the Internet held a hearing Health and Human Services, Education, and Related entitled ‘‘Oversight of the Federal Communications Agencies held a hearing on Department of Edu- Commission.’’ Testimony was heard from the fol- cation: Student Financial Aid, Higher Education, In- lowing officials of the FCC: Kevin J. Martin, Chair- stitute of Education Sciences. Testimony was heard man; Michael J. Copps, Jonathan S. Adelstein, Debo- from the following officials of the Department of rah Taylor Tate and Robert M. McDowell, all Com- Education: Sarah Martinez Tucker, Under Secretary; missioners. and Grover J. Whitehurst, Director, Institute of OVERSIGHT—DEPARTMENT OF HOUSING Education Sciences. AND URBAN DEVELOPMENT MILITARY CONSTRUCTION, VETERANS’ Committee on Financial Services: Held an oversight AFFAIRS, AND RELATED AGENCIES hearing of the Department of Housing and Urban APPROPRIATIONS Development. Testimony was heard from Alphonso Committee on Appropriations: Subcommittee on Mili- Jackson, Secretary of Housing and Urban Develop- tary Construction, Veterans’ Affairs, and Related ment. Agencies held a hearing on Long-Term Challenges RED CROSS GOVERNANCE REFORM for Military Construction and Budget Overview. Tes- timony was heard from the following officials of the Committee on Foreign Affairs: Held a hearing on the Department of Defense: Tina W. Jonas, Under Sec- American Red Cross Governance Reform. Testimony retary, (Comptroller)/Chief Financial Officer; Phil was heard from Bonnie McElveen-Hunter, Chair- Grone, Deputy Secretary, Installations and Environ- woman, American Red Cross; and a public witness. ment; and Ryan Henry, Principal Deputy Under GLOBAL OPINION OF THE U.S. Secretary, Policy. Committee on Foreign Affairs: Subcommittee on Inter- The Subcommittee also held a hearing on VA Re- national Organizations, Human Rights, and Over- search. Testimony was heard from Joel Kupersmith, sight held a hearing on Global Polling Data on Chief Research and Development Officer, Depart- Opinion of American Policies, Values and People. ment of Veterans Affairs. Testimony was heard from a public witness. TRANSPORTATION, HUD, AND RELATED EMERGENCY COMMUNICATIONS GRANTS AGENCIES APPROPRIATIONS Committee on Homeland Security: Subcommittee on Committee on Appropriations: Subcommittee on Trans- Emergency Communication, Preparedness, and Re- portation, Housing and Urban Development, and sponse held a hearing entitled ‘‘Public Safety Inter- Related Agencies held a hearing on the Secretary of operable Communications Grants: Are the Depart- Transportation. Testimony was heard from Mary Pe- ments of Homeland Security and Commerce Effec- ters, Secretary of Transportation. tively Coordinating To Meet Our Nation’s Emer- gency Communications Needs?’’ Testimony was HARNESSING TECHNOLOGY INNOVATION heard from Corey Gruber, Acting Assistant Sec- Committee on Armed Services: Subcommittee on Ter- retary, Grants and Training, Department of Home- rorism, Unconventional Threats and Capabilities land Security; John M. R. Kneuer, Assistant Sec- held a hearing on harnessing technology innovation: retary, Communications and Information, National challenges and opportunities. Testimony was heard Telecommunications and Information Administra- from public witnesses. tion, Department of Commerce; and Deputy Chief IMPROVING HEAD START ACT OF 2007 Charles Dowd, Commanding Officer, Communica- tions Division, New York Police Department. Committee on Education and Labor: Ordered reported, as amended, H.R. 1429, Improving Head Start Act NUCLEAR THREAT DETECTION of 2007. TECHNOLOGY Committee on Homeland Security: Subcommittee on CLIMATE CHANGE AND ENERGY SECURITY Emerging Threats, Cybersecurity and Science and Committee on Energy and Commerce: Subcommittee on Technology held a hearing entitled ‘‘Countering the Energy and Air Quality held a hearing entitled ‘‘Cli- Nuclear Threat to the Homeland: Evaluating the mate Change and Energy Security: Perspectives From Procurement of Radiation Detection Technologies.’’ the Automobile Industry.’’ Testimony was heard Testimony was heard from Vayl Oxford, Director, from public witnesses. Domestic Nuclear Detection Office, Department of

VerDate Aug 31 2005 04:57 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR7.REC D14MRPT1 jcorcoran on PROD1PC62 with DIGEST March 14, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D333 Homeland Security; and Gene Aloise, Director, Nat- The rule makes in order only those amendments ural Resources and Environment, GAO. to the amendment in the nature of a substitute printed in Part B of the Rules Committee report ac- SECURITY INFORMATION SHARING AND companying the resolution. The rule provides that CIVIL LIBERTIES the amendments printed in Part B of the report may Committee on Homeland Security: Subcommittee on In- be offered only in the order printed in the report, telligence, Information Sharing, and Terrorism Risk may be offered only by a Member designated in the Assessment held a hearing entitled ‘‘The Department report, shall be considered as read, shall be debatable of Homeland Security State and Local Fusion Center for the time specified in the report equally divided Program: Advancing Information Sharing While and controlled by the proponent and an opponent, Safeguarding Civil Liberties.’’ Testimony was heard shall not be subject to amendment, and shall not be from the following officials of the Department of subject to a demand for division of the question in Homeland Security: Charles E. Allen, Chief Intel- the House or in the Committee of the Whole. The ligence Officer, Office of Intelligence and Analysis; rule waives all points of order against the amend- Daniel W. Sutherland, Officer for Civil Rights and ments printed in the report except for clauses 9 and Civil Liberties; and Hugo Teufel, Privacy Officer. 10 of Rule XXI. Finally, the rule provides one mo- DISTRICT OF COLUMBIA HOUSE VOTING tion to recommit with or without instructions. Tes- RIGHTS ACT OF 2007 timony was heard from Chairman Waxman and Rep- Committee on the Judiciary: Held a hearing on H.R. resentatives Tom Davis of Virginia and Ginny 1433, District of Columbia House Voting Rights Brown-Waite of Florida. Act of 2007. Testimony was heard from public witnesses. EPA’s RESEARCH AND DEVELOPMENT BUDGET PROPOSAL FISCAL YEAR 2007 INDIAN HEALTH CARE IMPROVEMENT Committee on Science and Technology: Subcommittee on ACT EXTENSION Energy and Environment held a hearing on the En- Committee on Natural Resources: Held a hearing on vironmental Protection Agency Fiscal Year 2008 Re- H.R. 1328, To amend the Indian Health Care Im- search and Development Budget Proposal. Testi- provement Act to revise and extend that Act. Testi- mony was heard from the following officials of the mony was heard from Charles W. Grim, M.D., Di- EPA: George Gray, Assistant Administrator, Re- rector, Indian Health Service, Department of Health search and Development; and M. Granger Morgan, and Human Services; and public witnesses. Chair, EPA’s Science Advisory Board; and public ACCOUNTABILITY IN CONTRACTING ACT witnesses. Committee on Rules: Granted, by voice vote, a struc- SMALL BUSINESS HEALTH INSURANCE tured rule providing for consideration of H.R. 1362, Accountability in Contracting Act. The rule provides Committee on Small Business: Held a hearing entitled 80 minutes of general debate, 1 hour equally divided ‘‘Challenges and Solutions to Health Insurance Cov- and controlled by the Chairman and Ranking Minor- erage for Small Businesses.’’ Testimony was heard ity Member of the Committee on Oversight and from public witnesses. Government Reform and 20 minutes equally divided and controlled by the Chairman and Ranking Minor- FAA’S REAUTHORIZATION PROPOSAL ity Member of the Committee on Armed Services. Committee on Transportation and Infrastructure: Sub- The rule waives all points of order against consider- committee on Aviation, held a hearing on the Ad- ation of the bill except for clauses 9 and 10 of Rule ministration’s Federal Aviation Administration Reau- XXI. The rule provides that in lieu of the amend- thorization Proposal. Testimony was heard from ments recommended by the Committees on Over- Marion C. Blakey, Administrator, FAA, Department sight and Government Reform and Armed Services of Transportation. now printed in the bill, the amendment in the nature of a substitute printed in Part A of the Rules WATER RESOURCES DEVELOPMENT ACT Committee report accompanying the resolution shall be considered as an original bill for the purpose of OF 2007 amendment and shall be considered as read. The rule Committee on Transportation and Infrastructure: Sub- waives all points of order against the amendment in committee on Water Resources and Environment ap- the nature of a substitute except clauses 9 and 10 proved for full Committee action H.R. 1495, Water of Rule XXI. Resources Development Act of 2007.

VerDate Aug 31 2005 04:57 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR7.REC D14MRPT1 jcorcoran on PROD1PC62 with DIGEST D334 CONGRESSIONAL RECORD — DAILY DIGEST March 14, 2007 MINIMUM WAGE BILL REVENUE Council of the United Nations, and to be a Representa- INCREASES tive to the Sessions of the General Assembly of the United Nations during his tenure of service as Represent- Committee on Ways and Means: Held a hearing on the ative to the United Nations, 9:30 a.m., SD–419. Revenue Increasing Measures in the Small Business Committee on Health, Education, Labor, and Pensions: busi- and Work Opportunity Act of 2007. Testimony was ness meeting to consider S. 624, to amend the Public heard from former Representative Kenneth E. Health Service Act to provide waivers relating to grants Bensen, Jr., of Texas; and public witnesses. for preventive health measures with respect to breast and GENETIC NON-DISCRIMINATION cervical cancers, S. 657, to amend the Public Health Service Act to add requirements regarding trauma care, Committee on Ways and Means: Subcommittee on S. 845, to direct the Secretary of Health and Human Health held a hearing on Genetic Non-Discrimina- Services to expand and intensify programs with respect to tion. Testimony was heard from Francis Collins, research and related activities concerning elder falls, and M.D., Director, National Human Genome Research the nomination of W. Craig Vanderwagen, of Maryland, Institute, NIH, Department of Health and Human to be Assistant Secretary for Preparedness and Response, Services; and public witnesses. Department of Health and Human Services, Time to be announced, Room to be announced. f Committee on Homeland Security and Governmental Affairs: COMMITTEE MEETINGS FOR THURSDAY, to hold hearings to examine the nomination of Gregory MARCH 15, 2007 B. Cade, of Virginia, to be Administrator of the United States Fire Administration, Department of Homeland Se- (Committee meetings are open unless otherwise indicated) curity, 10 a.m., SD–342. Committee on the Judiciary: business meeting to consider Senate S. 236, to require reports to Congress on Federal agency Committee on Appropriations: Subcommittee on Transpor- use of data mining, S. 261, to amend title 18, United tation, Housing and Urban Development, and Related States Code, to strengthen prohibitions against animal Agencies, to hold hearings to examine solvency and re- fighting, S. 376, to amend title 18, United States Code, form proposals for the Federal Housing Administration, to improve the provisions relating to the carrying of con- 9:30 a.m., SD–138. cealed weapons by law enforcement officers, S. 231, to Subcommittee on Agriculture, Rural Development, authorize the Edward Byrne Memorial Justice Assistance Food and Drug Administration, and Related Agencies, to Grant Program at fiscal year 2006 levels through 2012, hold hearings to examine international food assistance, 10 S. 368, to amend the Omnibus Crime Control and Safe a.m., SD–124. Streets Act of 1968 to enhance the COPS ON THE Subcommittee on Commerce, Justice, Science, and Re- BEAT grant program, S. 627, to amend the Juvenile Jus- lated Agencies, to hold hearings to examine proposed tice and Delinquency Prevention Act of 1974 to improve budget estimates for fiscal year 2008 for the National the health and well-being of maltreated infants and tod- Aeronautics and Space Administration, 2 p.m., SD–138. dlers through the creation of a National Court Teams Re- Subcommittee on Energy and Water Development, to source Center, to assist local Court Teams, S. Con. Res. hold hearings to examine proposed budget estimates for 14, commemorating the 85th anniversary of the founding fiscal year 2008 for the Department of the Army, Army of the American Hellenic Educational Progressive Asso- Corps of Engineers, Bureau of Reclamation and the De- ciation, a leading association for the 1,300,000 United partment of the Interior, 2:30 p.m., SD–192. States citizens of Greek ancestry and Philhellenes in the Subcommittee on Defense, to hold closed hearings to United States, S. 849, to promote accessibility, account- examine the fiscal year 2007 intelligence community sup- ability, and openness in Government by strengthening plemental request, 5 p.m., S–407, Capitol. section 552 of title 5, United States Code (commonly re- Committee on Armed Services: to receive testimony on the ferred to as the Freedom of Information Act), S. 863, to posture of the United States Army in review of the De- amend title 18, United States Code, with respect to fraud fense Authorization Request for fiscal year 2008 and the in connection with major disaster or emergency funds, future years Defense Program, 9:30 a.m., SH–216. S.J. Res. 5, proclaiming Casimir Pulaski to be an hon- Committee on the Budget: business meeting to consider orary citizen of the United States posthumously, S. Res. the Concurrent Resolution on the Budget for the fiscal 95, designating March 25, 2007 as ‘‘Greek Independence year 2008, 9:30 a.m., SD–608. Day: A National Day of Celebration of Greek and Amer- Committee on Environment and Public Works: Sub- ican Democracy’’, S. Res. 96, expressing the sense of the committee on Transportation and Infrastructure, to hold Senate that Harriett Woods will be remembered as a pio- hearings to examine water resources needs and the Presi- neer in women’s politics, the nomination of John Wood, dent’s proposed budget request for fiscal year 2008 for of Missouri, to be United States Attorney for the Western the Army Corps of Engineers, 10 a.m., SD–406. District of Missouri, and the possibility of the issuance Committee on Foreign Relations: to hold hearings to exam- of certain subpoenas to former U.S. attorneys, 10 a.m., ine the nominations of Zalmay Khalilzad to be a Rep- Room to be announced. resentative to the United Nations, with the rank and sta- Select Committee on Intelligence: to hold closed hearings to tus of Ambassador, and the Representative in the Security examine certain intelligence matters, 2:30 p.m., SH–219.

VerDate Aug 31 2005 04:57 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR7.REC D14MRPT1 jcorcoran on PROD1PC62 with DIGEST March 14, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D335 House Immigrants in Detention and Victims of Trafficking,’’ 10 a.m., 311 Cannon. Committee on Appropriations, to mark up the Emergency Committee on House Administration, Subcommittee on Supplemental Appropriations for Fiscal Year 2007, 9 a.m., 2359 Rayburn. Elections, hearing on Election Reform ‘‘Machines and Committee on Armed Services, hearing on the Fiscal Year Software,’’ 2 p.m., 1539 Longworth. 2008 National Defense Authorization Budget Request Committee on the Judiciary, to mark up the following: from the U.S. European Command and Joint Forces Com- H.R. 580, To amend chapter 35 of title 28, United mand, 10 a.m., 2118 Rayburn. States Code, to provide for a 120-day limit to the term Subcommittee on Military Personnel, to continue hear- of a United States attorney appointed on an interim basis ings on views of military advocacy and beneficiary by the Attorney General; H.R. 1433, District of Colum- groups, 2 p.m., 2118 Rayburn. bia House Voting Rights Act of 2007; and pending Subcommittee on Seapower and Expeditionary Forces, Committee business, 10 a.m., 2141 Rayburn. hearing on the Federal ship construction loan guarantee Committee on Natural Resources, Subcommittee on Na- program, 1:30 p.m., 2212 Rayburn. tional Parks, Forests and Public Lands, hearing on the Committee on Education and Labor, Subcommittee on following bills: H.R. 713, Niagara Falls National Herit- Health, Employment, Labor and Pensions, hearing on Ex- age Area Act; H.R. 754, To designate the National Mu- amining Innovative Approaches to Covering the Unin- seum of Wildlife Art, located at 2820 Rungius Road, sured Through Employer-Provided Health Benefits,’’ Jackson, Wyoming, as the National Museum of Wildlife 10:30 a.m., 2175 Rayburn. Art of the United States; and H.R. 929, Land Between Committee on Energy and Commerce, to mark up the fol- the Rivers Southern Illinois National Heritage Area Act lowing bills: H.R. 251, Truth in Caller ID Act of 2007; of 2007, 10 a.m., 1324 Longworth. H.R. 477, Stroke Treatment and Ongoing Prevention Committee on Science and Technology, hearing on NASA’s Act; H.R. 727, Trauma Care Systems Planning and De- Fiscal Year 2008 Budget Request, 10 a.m., 2318 Ray- velopment Act of 2007; H.R. 545, Native American burn. Methamphetamine Enforcement and Treatment Act of Committee on Small Business, to mark up the following 2007; and H.R. 1132, National Breast and Cervical Can- bills: H.R. 1361, RECOVER Act; H.R. 1332, Small cer Early Detection Program Reauthorization Act of Business Lending Improvements Act of 2007; and H.R. 2007, 9:30 a.m., 2123 Rayburn. 1468, Disadvantages Business Disaster Eligibility Act, 10 Subcommittee on Commerce, Trade, and Consumer a.m., 2360 Rayburn. Protection, hearing entitled ‘‘Combating Spyware: The Committee on Transportation and Infrastructure, to mark Spy Act,’’ 11 a.m., 2322 Rayburn. up the following: H.R. 1495, Water Resources Develop- Subcommittee on Energy and Air Quality, hearing en- ment Act of 2007; and other pending business, 11 a.m., titled ‘‘Climate Change: State and Local Perspectives,’’ 11 2167 Rayburn. a.m., 2123 Rayburn. Committee on Veterans’ Affairs, to mark up the following Committee on Financial Services, hearing entitled ‘‘Legisla- bills: H.R. 327, Joshua Omvig Veterans Suicide Preven- tive Proposals on GSE Reform,’’ 10 a.m., 2128 Rayburn. tion Act; H.R. 612, Returning Servicemember VA Committee on Foreign Affairs, Subcommittee on Asia, the Healthcare Insurance Act of 2007; H.R. 797, Dr. James Pacific, and the Global Environment, hearing on U.S. Allen Veteran Vision Equity Act; and H.R. 1284, Vet- Policy Toward South Pacific Island Nations, Including erans’ Compensation Cost-of-Living Adjustment Act of Australia and New Zealand, 2 p.m., 2200 Rayburn. 2007, 10 a.m., 334 Cannon. Subcommittee on Europe, hearing on U.S.-Turkish Re- Subcommittee on Health, hearing on Traumatic Brain lations and the Challenges Ahead, 10:30 a.m., 2172 Ray- and Poly-trauma Centers, 2 p.m., 334 Cannon. burn. Committee on Ways and Means, Subcommittee on Income Subcommittee on Terrorism, Nonproliferation, and Security and Family Support, hearing on Increasing Eco- Trade, and the Subcommittee on the Middle East and nomic Security for American Workers, 10 a.m., B–318 South Asia, joint hearing on Iranian Nuclear Crisis: Latest Rayburn. Developments and Next Steps, 1 p.m., 2172 Rayburn. Subcommittee on Trade, hearing on H.R. 1229, Non- Committee on Homeland Security, hearing entitled ‘‘Dis- market Economy Trade Remedy Act of 2007, 1 p.m., aster Declarations: Where Is FEMA in a Time of Need?’’ 1100 Longworth. 1 p.m., 311 Cannon. Permanent Select Committee on Intelligence, executive, brief- Subcommittee on Border, Maritime, and Global ing on CIA, 9:30 a.m., and, executive, hearing on Counterterrorism, hearing entitled ‘‘Crossing the Border: Geospatial Intelligence, 1 p.m., H–405 Capitol.

VerDate Aug 31 2005 04:57 Mar 15, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR7.REC D14MRPT1 jcorcoran on PROD1PC62 with DIGEST D336 CONGRESSIONAL RECORD — DAILY DIGEST March 14, 2007

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, March 15 10 a.m., Thursday, March 15

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of H.R. 1362— morning business (not to extend beyond 90 minutes), Accountability in Contracting Act. Senate expects to continue consideration of the motion to proceed to consideration of S.J. Res. 9, Iraq Resolution.

Extensions of Remarks, as inserted in this issue

HOUSE Fattah, Chaka, Pa., E549 Ross, Mike, Ark., E547 Jones, Stephanie Tubbs, Ohio, E546, E549, E550 Schakowsky, Janice D., Ill., E545 Andrews, Robert E., N.J., E548 Lewis, Ron, Ky., E548 Schiff, Adam B., Calif., E548 Baldwin, Tammy, Wisc., E543 Loebsack, David, Iowa, E544 Sires, Albio, N.J., E545 Bordallo, Madeleine Z., Guam, E538, E544 McCollum, Betty, Minn., E538, E544 Slaughter, Louise McIntosh, N.Y., E539 Boyda, Nancy E., Kans., E537, E543 McGovern, James P., Mass., E546 Carson, Julia, Ind., E549 Maloney, Carolyn B., N.Y., E549 Tancredo, Thomas G., Colo., E546 Clay, Wm. Lacy, Mo., E541 Miller, George, Calif., E539 Walberg, Timothy, Mich., E537, E544, E547 Cleaver, Emanuel, Mo., E549 Miller, Jeff, Fla., E540 Wamp, Zach, Tenn., E543 Costello, Jerry F., Ill., E538, E544 Myrick, Sue Wilkins, N.C., E547 Weller, Jerry, Ill., E545, E547 Culberson, John Abney, Tex., E540 Pelosi, Nancy, Calif., E537

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